HomeMy WebLinkAboutDavid and Jamie Leonhart - Encroachment Agreement - 10/24/2005 ENCROACHMENT AGREEMENT
Prepared by: David Zellhoefer, 715 Mulberry Street, Waterloo, Iowa 80703 (319)2914327
THIS EASEMENT AGREEMENT is entered into by and between David Leonhart and Jamie
Leonhart(husband and wife), and the City of Waterloo, Iowa this-�q49'day of October,2005.
WHEREAS,David Leonhart and Jamie Leonhart are the owners of real estate commonly
known as 111 Frederic Avenue, Waterloo, Iowa 50701 and legally described as Lot No. 98 and
Lot No. 99 of Prospect Place, Waterloo, Iowa("Real Estate").
WHEREAS,there is city owned street right-of-way adjacent to the westerly line of Real
Estate known as Frederic Avenue, and there is city owned street right-of-way adjacent to the
southerly line of Real Estate known as Maryland Avenue, which was dedicated as a public street
as part of the Plat of Prospect Place ("right-of-way").
WHEREAS, Mr. and Mrs. Leonhart are requesting to build a fence on and over a portion of said
right of way a minimum of three (3) feet from the edge of the roadway. Attached hereto and made a
part hereof by this reference is a diagram showing the approximate location of the right of way and
fence ("Exhibit A").
WHEREAS,the City is willing to allow said fence to remain across, 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. Mr. and Mrs. Leonhart hereby recognize and reaffirm, said right-of-way.
2. The City grants Mr. and Mrs. Leonhart the right to construct a fence not to exceed
two and a half(2.5) feet above the natural grade 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 fence will be the sole risk and
expense of Mr. and Mrs. Leonhart and all successors or assigns.
3. The term of this agreement shall be for so long as said encroachment is
maintained by Mr. and Mrs. Leonhart, 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. Mr. and Mrs. Leonhart, 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 fence. This covenant shall survive the termination of this Agreement.
5. Mr. and Mrs. Leonhart, 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.
E G& --
David Leonhart
/ I
am e Leonhart
City of Waterloo
L
By: Timot . Hurley
Its. Mayor
Attest:
Nancy'V.ckert, 10merk
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this day of October, 2005, by Mr.
David Leonhart and Mrs. Jamie Leonhart.
Notary Public
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on thisoday of October, 2005, by
Timothy J. Hurley and Nancy Eckert as Mayor and City Clerk, respectively, of th City of
Waterloo.
N ary Public 3Q�