HomeMy WebLinkAboutMisty Southworth - Encroachment Agreement - 7/6/2021Prepared by: Seth Hyberger, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT is entered into by and between MistySouthworth,
hereinafter "Southworth", and the City of Waterloo, Iowa, hereinafter "City" this mday of
202E
WHEREAS, Southworth is the owner of real estate commonly known as 114 Berkshire
Road, Waterloo, Iowa 50701 and legally described in Exhibit "A", hereinafter "Southworth
Property"; and
WHEREAS, Southworth is proposing to construct and maintain a 6' fence, hereinafter
"Fence" that encroaches 10' into a public right-of-way of Russell Road,
WHEREAS, Southworth is requesting to allow said Fence within a portion of said "right-of-
way as shown on the attached Exhibit `B" hereinafter "Encroachment Area"; and
WHEREAS, the City is willing to allow said Fence to encroach into said right-of-way as
described above, subject to terms and conditions set forth herein.
Therefor it is Hereby Agreed by and between the parties as follows:
1. Southworth 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 Southworth the right to place and maintain said Fence in said
Encroachment 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 Fence will be the sole risk and
expense of Southworth, including repairs, removal, 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 Fence to be
temporarily moved or removed for access to said right-of-way, Southworth shall
move said Fence 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 Fence and assess any costs
for moving or removal against Southworth, or Southworth Property.
The term of this agreement shall be for so long as said Fence is maintained by
Southworth, and said Fence continues to exist, and that this agreement shall
automatically terminate if said Fence is removed (other than for temporary removal
during replacement or repair). It is understood and agreed that this Agreement is
appurtenant to the Southworth 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 Southworth and
that Southworth agree to remove said Fence prior to the end of the 60 days notice
and termination of this agreement. If Southworth fails to remove said Fence upon
termination of this agreement Southworth authorize the City of Waterloo to remove
said Fence and assess costs to Southworth, or against Southworth Property.
Southworth 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 Fence, including, but not limited to any damage to said Fence except those
arising out of negligent acts or omissions of the indemnified parties or said Fence.
This covenant shall survive the termination of this Agreement.
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.
In WITNESS WHEREOF, the parties have executed this Encroachment Agreement by
their duly authorized representatives as of the date first set forth above.
Wwne
Misty S worth
STATE OF
COUNTY OF
) SS.
City of Waterloo
By: Quentin Hart
Its: Mayor
Attest:
Kelley F th
le, City Clerk
On this JO day of JU A-0- , 2021 before me, the undersigned, a Notary Public in and
for the State of ` a Misty Southworth, personally appeared to me 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 g day of �+•-� 2021 by
Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo
NANCY HIGBY
COMMISSION NO788229
• ' MY c M SIpN EXPIRES
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The. Southeasterly 91.37 feet of Northwesterly 201,37 feet of Lot No. 37 in First_ addition to
Prospect Hills. in the City of Waterloo, Iowa, more particularly described as: Commencing
at the most Westerly Comer'of said Lot 37; running thence Southeasterly along the
Southwesterly line of said Lot a distance of 110 feet to the point of beginning of the tract
herein described from said point of beginning; continuing thence along the said
Southwesterly line of said Lot 37 to a point which is 201.37 feet Southeasterly from the
most Westerly comer of said Lot (as measured along the.said Southwesterly line of said
Lot); thence running Northeasterly along aline which is parallel with the Southeasterly line
of West Fourth. Street in the City of Waterloo, Iowa, to the Northerly line of.said Lot 37;
thence running Northwesterly along the Northerly line of said Lot 37 to a point which point
is on a line drawn parallel with the Southeasterly .line of West Fourth Street and through the
point of beginning of the tract herein described; thence running. Southwesterly along said
last described line running parallel with the Southeasterly line of West Fourth Street to the
point of beginning:
Exhibit "B"
114 Berkshire Road
Enroachment Agreement
Misty Southworth
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