HomeMy WebLinkAboutHawkeye Community College - Encroachment Agreement -05/17/2021 (RECORDED) IIIIM11101011101011010101111101111 II UI II
Doc ID: 010205700007 Type: GEN
Recorded: 07/08/2021 at 03:05:19 PM
Fee Amt: $47.00 Page 1 of 7
Black Hawk County Iowa
SANDIE L. SMITH RECORDER
File2022-00000542
t- �c kW qr .rI C 0
Prepared by Christopher S.Wendland,315 E. 5'Street,Waterloo,IA 50703. 319-234-5701
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT ("Agreement") is entered into as of . 1.1 ,
2021, byand between Hawke ye CommunityCollege ("HCC") and the Cityof Waterloo, Iov'a
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("City").
WHEREAS, HCC is the owner of real estate commonly known as 120 Jefferson Street,
Waterloo, Iowa and legally described as set forth on Exhibit"A" attached hereto (the "HCC
- Property"); and
WHEREAS, there is City owned right-of-way adjacent to the Southeasterly line of Owner's
Property, bordering W. 1st Street(the"City Property"); and
WHEREAS, HCC proposes to erect and maintain certain encroachments consisting of a fence and
bollards (the"Encroachments")upon, over or across a portion of the City Property as depicted by plans
that HCC has submitted to City, a copy of which are attached hereto as Exhibit"B", and City is willing
to allow the Encroachments subject to the terms set forth herein.
NOW THEREFORE, in consideration of the mutual promises exchanged herein, the parties
agree as follows:
1. Affirmation. HCC hereby recognizes and reaffirms the City Property as public
property, notwithstanding the existence of the Encroachments for any length of time. HCC claims no
rights in or to the Alley, or any part thereof.
2. Grants. City grants to HCC the right to construct and maintain the Encroachments
into, over and upon the City Property, subject to (a)the rights of City and/or any public or private
agency(a"Franchisee") to which City has granted a utility franchise for access over, under and upon
the City Property, and(b) a continuing duty by HCC to maintain any visible features of the
Encroachments in a condition of good repair. HCC agrees that the Encroachments will not exceed
42 inches in height above grade for bollards and 46 inches for fence. If HCC chooses at any time to
repair or replace the Encroachments or any part thereof, the physical footprint of the Encroachments
may not be enlarged as compared to current location or dimensions, and any reduction in the size or
area of the Encroachments shall automatically cause a commensurate reduction in the physical scope
of the rights granted hereunder. The parties expressly acknowledge that any damage that occurs to
the Encroachments in connection with ordinary use of the City Property, the work of repair or
improvement to any street or sidewalk, or the work of repair or improvement to public or utilities
(o° off ��'
61 tP -1
Attest:
elley Felchl
STATE OF IOWA )
COUNTY OF BLACK HAWK ) ss.
This instrument was acknowledged before me o 2021, by-Ainie.,_
Svticit& as 6D6,4,4 . of Hawkeye Community
College.
T � ANNETTE STAPLES
r COMMISSION NO.82012.
,,,,," * MY COMMISSION 2022 S Notary Public
: OC(OBER 11,2p22
rowp
STATE OF IOWA )
COUNTY OF BLACK HAWK ) ss.
1
This record was acknowledged before me on IA.he- , 2021,by Quentin M. Hart
and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
"ALIA/Le-L/641*s?
,i-p'""• NANCY HIGBY Notary Public
�� COMMISSION NO.788229
* ' MY T.M ISS��/Jy�pN'�]BCPIRES
3
EXHIBIT"B"
Encroachment Plans
See attached.
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