HomeMy WebLinkAboutCarlos Gomez and Laura Reuter - Encroachment Agmnet - 8.28.2006 fi-el,2 -�Je, moa 7S3
ENCROACHMENT AGREEMENT
Prepared by: David Zellhoefer, 715 Mulberry Street, Waterloo, Iowa 80703 (319)
291-4327
THIS EASEMENT AGREEMENT is entered into by and bytween Carlos A. Gomez
and Laura E. Reuter, and the City of Waterloo, Iowa this -;N� day of S�
2006.
WHEREAS, Carlos Gomez and Laura Reuter are the owners of real estate, un-
addressed, but legally described as
ORIGINAL PLAT WATERLOO WEST SOUTHEASTERLY 20 FEET LOT 9 EXCEPT THE
NORTHEAST 60 FEET THEREOF LOT 10 EXCEPT THE NORTHEAST 60 FEET THEREOF BLOCK 16
& THAT PART VACATED BLUFF STREET ROW BEING 25 FEET IN EVEN WIDTH LYING
SOUTHWESTERLY OF AND ADJACENT TO LOT 10 BLOCK 16 AND ALSO SAID 25 FOOT STRIP
LYING SOUTHWESTERLY OF AND ADJACENT TO SOUTHEASTERLY 20 FEET LOT 9 BLOCK 16,
WATERLOO, BLACK HAWK COUNTY, IOWA.
Said building is generally described as 322-324 West 4th Street, Waterloo, Iowa.
WHEREAS, there is public alley right-of-way adjacent to the northwesterly property
line of 322-324 West 4th Street, and
WHEREAS, Carlos Gomez and Laura Reuter are requesting to construct a fence and
post bracing to screen restaurant ventilation equipment and air-conditioning/heating
equipment within the southeasterly 5' of the alley right-of-way, and
WHEREAS, a portion of the fencing will encroach into the alley area to provide for
sufficient screening as required by city codes, as well as manufacturers' specifications, and
WHEREAS, the City is willing to allow said fencing and bracing in 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. Carlos Gomez and Laura Reuter hereby recognizes and reaffirms, said
right-of-way.
2. The City grants Carlos Gomez and Laura Reuter the right to construct the
fencing and bracing as approved by the Main Street Design Review Board
in a 5' alley portion along the southeasterly 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 Carlos Gomez and Laura Reuter, 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. Carlos Gomez and Laura Reuter, 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 right-of-way, including any damage to said handicapped
ramp. This covenant shall survive the termina ' n of this Agreement.
All
Cr s A. Gomez
u a E. Reute
Attest
City of Waterloo
y: Timoth Hurley
Attest: Its: Mayor
Nancy ckert 'ty Clerk
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this Z Z 'day of
2006, by Carlos Gomez and Laura Reuter.
STATE OF IOWA Notary P lic
COUNTY OF BLACK HAWK )
This instrument was acknowledged before me on this day of
2006, by Timothy J. Hurley and Nancy Eckert as Mayor and City Clerk,
resp6ttively, of the City of Waterloo.
3/aald�
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Printable Map Output
Page 1 of 1
Black Hawk County Parcel Ma
Parcel I D: 8913-26-232-023
Deed Holder: POLAR BEAR INVESTMENTS L C
Contract Bu ers: GOMEZ,CARLOS A & REUTER,LAURA E
Parcel Address: 322-324 W 4TH ST, WATERLOO, IA 50701
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Black Hawk County,Iowa ��
316 East 5th Street Map Disclaimer:This map does not represent a survey.No liability is assumed for the
aterloo, Iowa 50703-4774 accuracy of the data delineated herein,either expressed or implied by Black Hawk County,
Phone:(319) a 50703- he Black Hawk County Assessor or their employees.This map is compiled from official
Fax:(319) 9)833-3002
3 -3 records,including plats,surveys,recorded deeds,and contracts,and only contains
information required for local government purposes. See the recorded documents for more
E-mail:auditor co.blackL-hawkia_us_or
etailed le al information.
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