HomeMy WebLinkAboutThe Rose of Waterloo, LP - Encroachment Agreement - 9/11/2006 SEND TAX STATEMENT TO:
PREPARED BY: Gregory A.McClenahan,4200 County Rd.42 W.,Savage,MN 55378,Telephone: (952)224-8667
ENCROACHMENT EASEMENT AGREEMENT
This Encroachment Easement Agreement is made this //day of SPP Benie(; 2006,
by and between the City of Waterloo, a municipal corporation under the laws of Iowa
("Grantor").and The Rose of Waterloo, L.P., and Iowa limited partnership ("Grantee")
RECITALS
A. Grantee owns certain real estate located in Waterloo, Black Hawk County, Iowa,
designated as 421 Oak Avenue, and legally described on Attachment A ("Rose
Property") on which Grantee proposes to construct a senior assisted living facility,
consisting of a single three story structure, consisting of 64 apartments.
B. There is a public street right-of-way (Utica Street) adjacent to the westerly boundary of
the Rose Property.
C. Grantee proposes to construct a parking lot on the west side of its facility, consisting of
an ingress driveway and an egress driveway from Utica Street, and containing 10
diagonal parking spaces.
D. Portions of the ingress and egress driveways and the rear portion (the parking space
approach and backout area) of the parking lot fall within the easterly 15 feet of the Utica
Street right-of-way.
E. Grantor is willing to allow the parking lot to be located as proposed, subject to the
following agreement regarding each party's rights.
NOW THEREFORE, IT IS HEREBY AGREED by and between Grantor and Grantee as
follows:
1. Recognition of said Right-of-Way. Grantee hereby recognizes and reaffirms
said Utica Street Right-of-Way.
2. Grant of Easement. Grantor grants Grantee the right to construct the proposed
parking lot, which will encroach upon the easterly 15 feet of the Utica Street Right-of-Way,
while Grantee expressly recognizes and acknowledges that said area of encroachment will
remain street right-of-way.
3. Use. Grantee may use and burden the Utica Street Right-of-Way for purposes
of constructing the proposed parking lot and ingress driveway and egress driveway and
associated curbs and hard surface paving and thereafter use the driveways and ten parking spaces
as proposed
4. Term. The term of this agreement shall be for so long as said encroachment
exists and is maintained and required by Grantee, its successors and assigns, for use in
connection with operation of the senior assisted living facility located on the Rose Property. It is
understood and agreed that this Agreement is appurtenant to and runs with the real estate.
5. Hold Harmless. Grantee, its successors and assigns, shall protect, defend,
indemnify, and hold harmless Grantor 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 parking lot encroachment. This covenant shall survive the termination of this Agreement.
This Agreement is effective the date referenced above.
"GRANTOR"
CITY OF WATERLOO., a
municipal corporation under the laws of Iowa
By:
Its:
By
Its: Ne�ncy erf'. Cray lu�G
By:
Its:
STATE OF IO , COUNTY OFBLACKHAWK, ss;
On - 6f�s_ , 20065 bef re me, the undersigned, a
Notary Public in and for said state, personally appeared ,rvt
and LA— to mepersonally known,
who being by me duly swo did ay that they are ��Q
, and of the City of 'Waterloo, a
municipal corporation under the laws of the tate of Iowa, and that the instrument was signed on
behalf of the City by authority of the City Council and they acknowledged the execution to be
the voluntary act and deed of the City by it and by them voluntarily execu ed.
No Public
01
„GRANTEE„
THE ROSE OF WATERLOO, L.P.,
an Iowa limited partnership
By: EverGreen Real Estate Development Corporation,
General Partner
By:
Gregory A. McClenahan
Its: President
STATE OF MINNESOTA, COUNTY OF SCOTT, ss:
On , 2006, before me, the undersigned, a Notary Public in
and for said state, personally appeared Gregory A. McClenahan to me personally known, who
being by me duly swom, did say that he is President of EverGreen Real Estate Development
Corporation, a Minnesota corporation, which is the general partner of The Rose of Waterloo,
L.P., an Iowa LIMITED PARTNERSHIP, and that the instrument was signed on behalf of the
partnership by authority of the partners and the general partner acknowledged the execution to be
the voluntary act and deed of the partnership by it and by the general partner voluntarily
executed.
Notary Public
Attachment A
Parcel l:
Lots One (1), Two (2), Three (3) and Eight(8) in Uriah DeBois Addition to the City of
Waterloo,East Side of Cedar River, Black Hawk County, State pf Iowa.
Parcel 2:
The Southwesterly Sixty-nine (69)feet in width of Lot No. Forty-nine (49) in Morris
Case Addition to the City of Waterloo, East Side of Cedar River, Black Hawk County,
State of Iowa.
Parcel 3:
The Southeasterly One Hundred Forty-five (145)feet of the Southwesterly Twenty-nine
and one-half(29 '/x) feet of Lot Forty-eight(48); and
The Southeasterly One Hundred Forty-five (145)feet of the Northeasterly Twenty and
one-half(20 ''/z) feet of Lot No. Forty-nine (49) in Morris Case Addition to the City of
Waterloo, East Side of Cedar River, Black Hawk County, State of Iowa.
Parcel 4:
The Southwesterly Twenty-nine and One-half(29 ''/Z)feet of the Northwesterly Sixty-six
(66) feet of Lot No. Forty-eight(48); and
The Northeasterly Twenty and One-half(20 %)feet of the Northwesterly Sixty-six (66)
feet of Lot No. Forty-nine (49), in Morris Case Addition to the City of Waterloo,East
Side of Cedar River, Black Hawk County, State of Iowa.
Parcel 5:
The Northwesterly Forty (40)feet in width of the Northeasterly Sixty(60) feet in width
of Lot No. Forty-eight(48) in Morris Case Addition to the City of Waterloo, East Side of
Cedar River, Black Hawk County, State of Iowa.
Parcel 6:
The Southeasterly Forty (40)feet of the Northwesterly Eighty (80) feet of the
Northeasterly Sixty(60) feet of Lot No. Forty-eight(48), Morris Case Addition to the
City of Waterloo,East Side of Cedar River, Black Hawk County, State of Iowa.
Parcel 7:
The Northwesterly Forty-seven(47)feet of the Southeasterly One Hundred Thirty-one
(13 1)feet of the Northeasterly Sixty(60) feet of Lot No. Forty-eight(48) in Morris Case
Addition to the City of Waterloo, State of Iowa.
Parcel 8:
The Northwesterly Thirty-three (33)feet of the Southeasterly Eighty-four(84) feet of the
Northeasterly Sixty(60) feet of Lot No. Forty-eight(48) in Morris Case Addition to the
City of Waterloo,East Side of Cedar River,Black Hawk County, State of Iowa,except
that part conveyed to the State of Iowa by Warranty Deed recorded in Town Lot Deed
Record 376,page 265 of the records of said County.
Parcel 9:
The Southeasterly Fifty-one (5 1) feet of the Northeasterly Sixty(60)feet of Lot No.
Forty-eight (48) in Morris Case Addition to the City of Waterloo, State of Iowa, except
that part conveyed to State of Iowa filed March 6, 1957 in 369 Town Lot Deed page 87.
Existing Property Limit Franklin Street
Proposed Property Line
Setback Limit
Proposed Sanitary Sewer Easement
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Proposed Property Line Setback Limit
Existing Property Limit
Mulberry Street
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