HomeMy WebLinkAboutGerald and Doris Boogren - Encroachment Agreement - 6.19.2006 ENCROACHMENT AGREEMENT
Prepared by: David Zellhoefer, 715-Mulberry Street, Waterloo, Iowa 80703 (319) 291-4327
THIS ENCROACHMENT AGREEMENT is entered into by and between Gerald Boogren
and D;k D;' Boogren, hereinafter"Boogren", and the City of Waterloo, Iowa, hereinafter"City",
this 1day of June, 2006.
WHEREAS, Boogren is the owner of real estate commonly known as 104 Four Seasons
Drive, Waterloo, Iowa 50701 and more particularly shown on the attached Exhibit "A",
hereinafter"Boogren property"; and
WHEREAS, there is city owned street right-of-way adjacent to the westerly line of Boogren
property known as Four Seasons Drive, and there is city owned street right-of-way adjacent to
the southerly line of Boogren property known as Rainbow Drive; and
WHEREAS, Boogren's existing retaining walls currently encroach over a portion of said right-
of-way as shown on attached Exhibit"A"; and
WHEREAS, the City is willing to allow said retaining walls to remain encroaching into said
right-of-way, subject to the following agreement regarding each party's rights.
THEREFORE IT IS HEREBY AGREED by and between the parties as follows:
1. Boogren hereby recognizes and reaffirms, said right-of-way.
2. The City, grants Boogren the right to maintain said retaining walls on and over
said right-of-way subject to the rights of City and/or any agency to which the City
has granted a utility franchise to and for access on said right-of-way, expressly
recognizing and acknowledging that any damage that occurs to said retaining
walls will be the sole risk and expense of Boogren and all successors and assigns.
3. The term of this agreement shall be for so long as said encroachment is
maintained by Boogren, or any successors and assigns, and said encroachment
continues to exist. It is understood and agreed that this Agreement is appurtenant
to Real Estate.
4. Boogren, 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 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 right-of-way, including any damage to
said retaining walls. This covenant shall survive the termination of this
Agreement.
5. Mr. and Mrs. 1✓Ti&i�, and their successors and/or assigns, agree to provide
adequate insurance for the protection of the City property. Such insurance shall
name the City as an additional insured.
Gerald Boogren
Doris Boogren
City of Waterloo
y: Timothy, ey
Its: Mayor
Attest:
Nancy Nkert, ty Clerk
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this )ZAd y of J e, 2006, by Mr.
Gerald Boogren and Mrs. Doris Boogren.
=LAE Nota ylic
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this]�*day of June, 2006, by
Timothy J. Hurley and Nancy Eckert as Mayor and City Clerk, respectively, of th City of
Waterloo.
!Tottry
Public
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KIRK D. ESCHUMAN, P.L.S., IA. LIC. NO. 9961, 723 BROADWAY STREET, WATERLOO, IA. 50703 PHONE: 319-234-0509 (DRAWING: 03B63PS1—ES.DWG)
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