HomeMy WebLinkAboutRichard & Sharon Penn - Encroachment Agreement - 7.17.2006 Ooo( X 06
ENCROACHMENT AGREEMENT
Prepared by: David Zellhoefer, 715 Mulberry Street,Waterloo, Iowa 80703 (319)
291-4327
THIS EASEMENT AGREEMENT is enteri�lmatoof 'between 21006rd & Sharon
Penn, and the City of Waterloo, Iowa this Y ---}----
WHEREAS, Richard & Sharon Penn are the owners of real estate, un-addressed,
but legally described as
ORIGINAL PLAT WATERLOO WEST THAT PART SWLY 40 FT LOT 9 KK 16 LYING NWLY 0
ALLEY DESC IN 34 TLD 572
AND 16
ORIGINAL PLAT WATERLOO WEST NE 100 FT NW 30 FT LOT 9 OLK
Said building lies behind property generally described as 316-320 West 0 Street,
Waterloo, Iowa 50701 and legally described as
ORIGINAL PLAT WATERLOO WEST NE 60 FT SE 30 FT LOT 9 BLK 16 NE 60 FT LOT 10 SLK 16,
in the City of Waterloo, black Hawk County, Iowa.
WHEREAS, there is public alley right-of-way f the,northwe northwesterly lineo the heasterly line of of Real Estate un-
addressed Real Estate and behind a portion
described as 316-320 West 4th Street, and
WHEREAS, Richard & Sharon Penn are requesting to construct a handicapped
accessible ramp entrance within the northwesterly 5' of the alley right-of-way, more
particularly described as above in the City of Waterloo, Black Hawk County, Iowa.
WHEREAS, the City is willing to allow said handicapped ramp in said right-of-way,
subject to the following agreement regarding each party's rights.
THEREFORE IT 1Saron Penn hereby yand between the parties as recogn es and reaffirms, said follows.
1. Richard & right-of-
way,
2. The City grants Richard & Sharon Penn the right to construct a
handicapped ramp entrance in a 5' portion along the northwesterly line of
their property, described above, expressly recognizing and acknowledging
that said area shall remain as alley right-of-way-
3. The term of this agreement shall be for so long as said encroachment is
maintained by Richard & Sharon Penn, or their successors or assigns,
and said encroachment continues to exist. It is understood and agreed
that this Agreement is appurtenant to Real Estate_
4. Richard & Sharon Penn, and their successors and/or assigns, shall
protect, defend, indemnify, and hold harmless the City and its successors
and assigns, and its officers, employees, and agents from any claim,
damages, liability and expenses arising out of the use or maintenance of
said handicapped ramp. This covenant shall survive the termination of
this Agreement.
{ chard Pe n
Sharon Penn
Attest
City of Waterloo
By: Timothy J. rl
Its: Mayor
Attest:
Nancy Eckert, I Clerk
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrumt� of was acknowledged before me on this,;207iAday of ,
2006, by Richard & Sharon Penn.
Notar , Public
VOL PAM BENNER
STATE OF IOWA ) COMMISSION NO. 196461
COUNTY OF BLACK HAWK ) SS, ` ` MY COMMISSION EXPIRES
IOWA Sat i,
This instrument was acknowledged before me on this day of
, 2006, by Timothy I Hurley and Nancy Eckert as Mayor and City Clerk,
respectively, of the City of Waterloo.
Notary Public
Printable Map Output Page 1 of 1
Black Hawk County Parcel Ma
Parcel ID: 8913-26-232-011
Deed Holders: IPENN,RICHARD L &ARMFIELD PENN,SHARON L
Parcel Address: 316-320 W 4TH ST, WATERLOO, IA 50701
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Black Hawk County,Iowa Map Disclaimer:This map does not represent a survey.No liability is assumed for the
16 East 5th Street ccuracy of the data delineated herein,either expressed or implied by Black Hawk County,
Waterloo,Iowa 50703-4774 he Black Hawk County Assessor or their employees.This map is compiled from official
Phone:(319)833-3002 records,including plats,surveys,recorded deeds,and contracts,and only contains
Fax:(319)833-3070 nformation required for local government purposes.See the recorded documents for more
E-mail:auditor co.black-hawk.ia.us.org etailed legal information.
http://www2.co.black-hawk.ia.us/servlet/com.esri.esrimap.Esrimap?ServiceName=bhov... 07/14/2006