HomeMy WebLinkAboutUniversity of Iowa Community Credit Union Encroachment Agreement 03/09/2015 (RECORDED) II 11111111IIII MINI 2
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Black Hawk County Iowa
SANDIE L. SMITH RECORDER /�Q
File2021-00002628
T011/100
.0 ENCROACHMENT AGREEM
ENT
Prepared by: Aric Schroeder, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366
THIS ENCROACHMENT AGREEMENT is entered into by and between University of Iowa
Community Credit Union, hereinafter"UICCU", and the City of Waterloo, Iowa, hereinafter"City"
this Try day of March 2015.
WHEREAS, UICCU is the owner of real estate commonly known as 930 Tower Park Drive,
Waterloo, Iowa 50701 and legally described as Country Club Business Center Addition, Lot 2, in
the City of Waterloo, Black Hawk County, Iowa, hereinafter"UICCU Property"; and
WHEREAS, UICCU is proposing to build and maintain a monument sign, hereinafter"Sign"
that will encroach into a platted 50' wide overhead utility line easement, hereinafter"Easement";
and
WHEREAS, UICCU is requesting to allow a Sign within a portion of said easement as shown on
the attached Exhibit"A"; and
WHEREAS, the City is willing to allow said Sign to encroach into said Easement as shown on
attached Exhibit"A", subject to the following agreement regarding each party's rights.
THEREFORE IT IS HEREBY AGREED by and between the parties as follows:
1. UICCU hereby recognizes and reaffirms, said easement.
2. The City grants UICCU the right to place and maintain said Sign in said Easement as
shown on attached Exhibit"A", subject to the rights of the City and/or any agency to
which the City has granted a utility franchise to and for access over, under and upon
said Easement, expressly recognizing and acknowledging that any damage that occurs
to said Sign will be the sole risk and expense of UICCU and all successors or assigns,
including moving or replacement expenses. In the event that the City and/or any
agency to which the City has granted a utility franchise needs said Sign to be
temporarily moved for access to said Easement, UICCU and all successors or assign
shall move said Sign if present and able, otherwise the City of Waterloo and/or any
agency to which the City has granted a utility franchise shall be authorized to move said
Sign and assess any costs for moving against UICCU or any successors or assigns.
3. The term of this agreement shall be for so long as said encroachment is maintained by
UICCU, or any successors or assigns, and said encroachment continues to exist, and
that this agreement shall automatically terminate if said encroachment is removed
(other than for temporary removal during replacement or repair). It is understood and
agreed that this Agreement is appurtenant to the real estate and runs with the land. It is
further understood and agreed that this agreement may be terminated by the City of
Waterloo upon 60 days notice and order to permanently remove to UICCU, or any
successors and assigns, and that UICCU, and any successors and assigns agree to
remove said encroachment(s)prior to the end of the 60 days notice and termination of
this agreement. If UICCU, or any successors and assigns fail to remove said
encroachment upon termination of this agreement, UICCU, or any successors and
assigns authorize the City of Waterloo to remove said encroachment and assess costs
to UICCU, or any successors and assigns, or against UICCU Property.
4. UICCU, and all successors and assigns shall protect, defend, indemnify, and hold
harmless the City and its successors and assigns, and its officers, elected officials,
employees, and agents, and any agency to which the City has granted a utility
franchise from any claim, damages, liability and expenses (including, but not limited
to, reasonable attorneys fees and costs of litigation) arising out of the use or
maintenance of said easement, including any damage to said encroachment(s). This
covenant shall survive the termination of this Agreement.
fin) 3
•
Dick Noble, Senior VP of Operations
City Waterloo
y: Ernest G. Clark
Its: Mayor
Attest:
alx��
uzy S hares, City Clerk
STATE OF IOWA )
COUNTY OF JOHNSON ) SS.
On this /.? day of February, 2015, before me,the undersigned, a Notary Public in and for the
State of Iowa,personally appeared Dick Noble to me known to be the identical persons named
herein and who executed the foregoing instrument and acknowledged that they executed the same
as their voluntar act and deed.
PATTI GREVE
_ r Commission Number 752152
My Commissionoq Expires T I
IOWA^ ^ 7° /7
Notary Publi
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
cik IAo,rc\r
This instrument was acknowledged before me on this 1 day of February, 2015, by Ernest G.
Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City of Waterloo.
Notary Publ.
• NANCY HIGBY y
• COMMISSION NO.788229
* MY COMMISSION EXPIRES
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