Loading...
HomeMy WebLinkAboutScott Ford - encroachment agreement (1661 Wakonda Dr) - 10.19.2020 Prepared by: Seth Hyberger, 715 Mulberry Street, Waterloo, Iowa 50703 (319)291-4366 ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT is entered into by and between Scott Ford, hereinafter"Ford", and the City of Waterloo, Iowa, hereinafter"City"this 2020. day of flei Aber WHEREAS, Ford is the owner of real estate commonly known as 1661 Wakonda Drive, Waterloo, Iowa 50703 and legally described as Greenbrier Second Addition Lot 10, hereinafter "Ford Property"; and WHEREAS, Ford is proposing to construct and maintain a 27' X 28' accessory structure, hereinafter"Structure"that encroaches 3 feet into a public right-of-way of West Donald Street, WHEREAS, Ford is requesting to allow said Structure within a portion of said "right-of-way as shown on the attached Exhibit"A"hereinafter"Encroachment Area"; and WHEREAS,the City is willing to allow said Structure to encroach into said right-of-way as described above, subject to terms and conditions set forth herein. 1. Ford hereby recognizes and reaffirms, said right-of-way, and claims no rights or privileges therein except to the limited extent provided for in this agreement. 2. The City grants Ford the right to place and maintain said Structure in said Easement Area, subject to the rights of the City and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement to and for access over, under and upon said right-of-way, expressly recognizing and acknowledging that any damage that occurs to said Structure will be the sole risk and expense of Ford including repairs moving or replacement expenses. In the event that the City and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement needs said Structure to be temporarily moved or removed for access to said right-of-way, Ford shall move said Structure if present and able, otherwise the City of Waterloo and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement shall be authorized to move or remove said Structure and assess any costs for moving or removal against Ford, or Ford Property. 3. The term of this agreement shall be for so long as said Structure is maintained by Ford, and said Structure continues to exist, and that this agreement shall automatically terminate if said Structure is removed(other than for temporary removal during replacement or repair). It is understood and agreed that this Agreement is appurtenant to the Ford Property 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 Ford and that Ford agree to remove said Structure prior to the end of the 60 days notice and termination of this agreement. If Ford fails to remove said Structure upon termination of this agreement Ford authorize the City of Waterloo to remove said Structure and assess costs to Ford, or against Ford Property. 4. Ford shall protect, defend, indemnify, and hold harmless the City and its successors and assigns and their officers, elected officials, employees, and agents, and any agency to which the City has granted a utility franchise or right-of-way License Agreement from and against any claim, damages, liability and expenses (including, but not limited to, reasonable attorney's fees and costs of litigation) of any type or nature whatsoever arising out of the use, maintenance, or removal of said Structure, including, but not limited to any damage to said Structure except those arising out of negligent acts or omissions of the indemnified parties or said Structure. This covenant shall survive the termination of this Agreement. 5. This is the entire agreement between the parties with respect to subject matter hereof. It may be amended only in a written instrument signed by the parties. This agreement is binding upon the parties and their respective transferees, successors, heirs and assigns. Time is of the essence in observing the terms of this agreement. 6. Ford will bring the Structure up to meet all necessary Building Codes and other code requirements. 7. Ford will bring the Structure up to meet the NESC standards, as determined by MidAmerican Energy, for safety of the structure located partially under the power lines in the area, including being responsible for any costs to move power lines if required by MidAmerican Energy. In WITNESS WHEREOF, the parties have executed this Encroachment Agreement by their duly authorized representatives as of the date first set forth above. City of Waterloo Scott Ford, 6wnei By: Quentin Hart Its: Mayor Attest: - J Aaewkk Kelley Felchle, ity C erk STATE OF ) COUNTY OF ( �L ) SS. On this /a day of 0 2020 before me, the undersigned, a Notary Public in and for the State of �JM)4 , Scott Ford, personally appeared tome known to be the identical person named herein and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Notary Public STATE OF IOWA ) COUNTY OF BLACK HAWK ) SS. This instrument was acknowledged before me on this 2l day of UC466ol- 2020 by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo NAtvCY ONotar Publi COMMISSIO� • MY CQMMlSS'OMP Encroachment Agreement Area Map 1661 Waconda Drive Exhibit "A" Wakonda Drive 1661 Wakonda Drive m 0 of m c 'a m Accessory Structure 27'X 28' Encroachment Area 3'X 28' W Donald Street N 1661 Wakonda Drive w Enroachment Agreement Area Map s Scott Ford