HomeMy WebLinkAboutRichard and Jacquelin Fliehler - Encroachment Agreement - 8.14.2006 ENCROACHMENT AGREEMENT
Prepared by: David Zellhoefer, 715 Mulberry Street, Waterloo, Iowa 80703 (319)291-4327
THIS ENCROACHMENT AGREEMENT is entered into by and between Richard Fliehler and
Jacquelin Fliehler, hereinafter"Fliehler", and the City of Waterloo, Iowa, hereinafter"City",this
J 4+� day of;¢n, 2006.
WHEREAS, Fliehler is the owner of real estate commonly known as 615 Hilltop Road,
Waterloo, Iowa 50701 and more particularly described and shown on the attached Exhibit"A",
hereinafter"Fliehler property"; and
WHEREAS, there is an easement over the west eight (8) feet of Fliehler property, hereinafter
"easement" granted to the City, as well as those agencies which the City granted franchises to for the
provision of utilities; and
WHEREAS, Fliehler's proposed accessory building will encroach over a portion of said
easement as shown on attached Exhibit "A"; and
WHEREAS, the City is willing to allow said accessory building to encroach into said easement
as shown on attached Exhibit"A", subject to the following agreement regarding each party's rights.
THEREFORE IT IS HEREBY AGREED by and between the parties as follows:
1. Fliehler hereby recognizes and reaffirms, said easement.
2. The City grants Fliehler the right to maintain said accessory buildings on and over
said easement 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 easement, expressly recognizing
and acknowledging that any damage that occurs to said accessory buildings will be
the sole risk and expense of Fliehler and all successors and assigns.
3. The term of this agreement shall be for so long as said encroachment is maintained by
Fliehler, or any successors and assigns, and said encroachment continues to exist, and
that this agreement shall automatically terminate if said encroachment is removed. It
is understood and agreed that this Agreement is appurtenant to Real Estate. It is
further understood and agreed that this agreement may be terminated by the City of
Waterloo upon 60 days notice and order to remove to Fliehler, or any successors and
assigns, and that Fliehler, or any successors and assigns, agree to remove said
encroachment prior to the end of the 60 days notice and termination of this
agreement. If Fliehler, or any successors and assigns, fail to remove said
encroachment upon termination of this agreement Fliehler, or any successors and
assigns, authorize the City of Waterloo to remove said encroachment and assess costs
for removal to Fliehler property.
4. Fliehler, 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 said easement, including any damage to said encroachment.
This covenant shall survive the termination of this Agreement.
5. Fliehler, and all successors and assigns, agree to provide adequate insurance for the
protection of the City property. Such insurance shall name the City as an additional
insured.
A
Richard Fliehler
J quel' Fliehler
City of Waterloo
By: Timothy J. ey
Its: Mayor
Attest:
Nancycket�, it
Clerk
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this )Z� day of , 2006, by Mr.
Richard Fliehler and Mrs. Jacquelin Fliehler.
No ry Public
STATE OF IOWA ) LYLETTE K, REISING
COUNTY OF BLACK HAWK SS. �oMMISSION NO. 223080
" COMMISS ON EXPIRES
�... JUNE 16,2008
This instrument was acknowledged before me on this day o , 2006, by
Timothy J. Hurley and Nancy Eckert as Mayor and City Clerkrespectively the City
, of
Waterloo.
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EXHIBIT 'A'
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LEGAL DESCRIPTION:
W SouthhlUs 2nd Addition, Lot 35
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House
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W 12'
Family
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Shed 1
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Utility
Easement
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27 JUL, 06