HomeMy WebLinkAboutCommunity National Bank - Encroachment Agreement - 1/23/2006 . � -�-3 -v� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIilllllllllllllllllllilil111111
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Black Hawk County Iowa
JUDITH A MCCARTHY RECORDER
Book 1080 Page 388 - 389
File2009_00011331
ENCROACHMENT AGREEMENT
Prepared by: David Zellhoefer, 715 Mulberry Street, Waterloo, Iowa.90703 (319) 291-4327
THIS EASEMENT AGREEMENT is entered into by and between Community National
Bank, and the City of Waterloo, Iowa thisa3' day of 0ccnuary 2006
WHEREAS, Community National Bank are the owners of real estate commonly known as
422 Commercial Street, Waterloo, Iowa 50701 and legally described as
ORIGINAL PLAT WATERLOO WEST PART OF LOT NOS 1 AND 2 AND A 10 FT STRIP ADJ SAME
ON SE IN BLK 6 DESC AS FOL: COM AT PT ON SWLY LINE COMMERCIAL ST 10 FT SELY FROM
ELY COR SAID LOT 1 TH NWLY ALONG SWLY LINE COMMERCIAL ST 76.67 FT TH SWLY ALONG
LINE PAR WITH SELY LINE SAID LOT 1 101.1 FT TH NWLY ON LINE PAR WITH NELY LINE ALLEY
IN SAID BLK 43.33 FT TH SWLY ON LINE PAR TO SELY LINE SAID LOT 140 FT TO NELY LINE OF
ALLEY THROUGH SAID BLK TH SELY ALONG NELY LINE SAID ALLEY 120 FT TH NELY ON A LINE
PAR WITH SELY LINE SAID LOT 1 141.8 FT TO PLACE OF BEG AND THE SELY 3 FT OF LOT 3 AND
THAT PART OF LOT 2 BLK 6 DESC AS FOL: BEG AT PT ON NELY LINE SAID LOT 2 THAT IS 66.67
FT NWLY FROM THE MOST ELY COR LOT 1 IN SAID BLK 6 TH SWLY ALONG A LINE PAR WITH
SELY LINE SAID LOT 1 101.1 FT TO PT THAT IS 40 FT NELY FROM SWLY LINE SAID LOT 2 TH
NWLY ALONG A LINE PAR WITH NELY LINE OF ALLEY IN SAID BLK 6 43.33 FT TH SWLY PAR WITH
SELY LINE SAID LOT 1 40 FT TO NELY LINE OF ALLEY IN SAID BLK 6 TH NWLY ALONG NELY LINE
SAID ALLEY TO MOST WLY COR SAID LOT 2 TH NELY ALONG NWLY LINE SAID LOT 2 TO MOST
NLY COR SAID LOT 2 TH SELY ALONG NELY LINE SAID LOT 2 TO PLACE OF BEG EXC ANY
LEGAL HWYS, in the City of Waterloo, Black Hawk County, Iowa.
WHEREAS, there is city owned street right-of-way adjacent to the Southeasterly line of Real
Estate known as Park Avenue, which was dedicated as a public street ("right-of-way").
WHEREAS, Community national Bank is requesting to place building footings over a 2' portion
of said 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 footings 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:
I. Community national Bank hereby recognizes and reaffirms, said right-of-way.
2. The City grants Community National Bank the right to construct building footings
in a 2' portion along the southeasterly line of their property, described above,
expressly recognizing and acknowledging that said area shall remain as street
right-of-way.
3. The term of this agreement shall be for so long as said encroachment is
D(S maintained by Community National Bank, or their successors or assigns, and said
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encroachment continues to exist. It is understood and agreed that this Agreement
is appurtenant to Real Estate.
4. Community National Bank, 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 building or footings. This covenant shall survive the termination
of this Agreement.
Corimunity National Bank
Josef Vich
ttest
City of Waterloo
By: Timothy 9drley
Its: Mayor
Attest:
on
Nancy Eckert, 'ty Clerk
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this Wday of 2006,by
Josef Vich.
MARCIA C. 0DRWIGCOMMISSION N0MY COMMISSION roa
WN.ta&,Pullic
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on thisZday of , 2006,
by Timothy J. Hurley and Nancy Eckert as Mayor and City Clerk, respectivel , of City of
Waterloo.
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No ary Public
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