HomeMy WebLinkAboutVI2, LLC-Encroachment Agreement-05.16.2022ENCROACHMENT AGREEMENT
Prepared by: Seth Hyberger, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366
THIS ENCROACHMENT AGREEMENT is entered into by and between VI2, LLC�n
hereinafter "VI2", and the City of Waterloo, Iowa, hereinafter "City" this I VI" day of _ ► ( n
ao2 .
WHEREAS, VI2 is the owner of real estate commonly known as 1029 People's Square,
Waterloo, Iowa 50702 and legally described in attached Exhibit "A", in the City of Waterloo,
Black Hawk County, Iowa, hereinafter "VI2 Property"; and
WHEREAS, VI2 is proposing to build and maintain a parking lot on a portion of W San
Marnan Drive and Kimball Avenue City owned right-of-way, hereinafter "Encroachment" that
will encroach into City right-of-way; and
WHEREAS, for the benefit of VI2 Property, VI2 is requesting to allow said Encroachment
within a portion of said City right -or -way along Kimball and W San Marnan Drive as shown on the
attached Exhibit "A"; and
WHEREAS, the City is willing to allow said Encroachment into said City Right -of -Way as
shown on attached Exhibit "A" (hereinafter the "Encroachment Area"), subject to the following
agreement regarding each party's rights.
THEREFOR IT IS HEARBY AGREED by and between the parties as follows.
1. VI2 hereby recognizes and reaffirms, said city right-of-way, and claims no rights or
privileges therein except to the limited extent provided for in this agreement.
2. The City grants VI2 the right to place and maintain said Encroachment in said
Encroachment Area, subject to the rights of the City and/or any agency to which the
City has granted a utility franchise to and for access over, under and upon said
Encroachment Area, expressly recognizing and acknowledging that any damage that
occurs to said Encroachment will be the sole risk and expense of VI2 and all
successors or assigns, including moving or replacement expenses. In the event that
the City and/or any agency to which the City has granted a utility franchise needs the
Encroachment to be temporarily moved for access to said Encroachment Area, VI2
and all successors or assign shall move said improvements in the Encroachment
Area if present and able, otherwise the City of Waterloo and/or any agency to which
the City has granted a utility franchise shall be authorized to move said
Encroachment and assess any costs for moving against VI2 or any successors or
assigns, or against VI2 Propriety.
3. The term of this agreement shall be for so long as said Encroachment is maintained
by VI2, or any successors or assigns, and said Encroachment continues to exist, and
that this agreement shall automatically terminate if said Encroachment is removed
(other than for temporary removal during replacement or repair). It is understood
and agreed that this Agreement is appurtenant to the VI2 Property and runs with the
land. It is further understood and agreed that this agreement may be terminated by
the City of Waterloo upon 60 days notice and order to permanently remove to VI2,
or any successors and assigns, and that VI2, and any successors and assigns agree to
remove said Encroachment(s) prior to the end of the 60 days notice and termination
of this agreement. If VI2, or any successors and assigns fail to remove said
Encroachment upon termination of this agreement, VI2, or any successors and
assigns authorize the City of Waterloo to remove said Encroachment and assess
costs to VI2, or any successors and assigns, or against VI2 Property.
4. VI2, 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, and any agency to which the City has granted a utility
franchise from any claim, damages, liability and expenses (including, but not
limited to, reasonable attorney's fees and costs of litigation) arising out of the use,
maintenance, or removal of said Encroachment. This covenant shall survive the
termination of this Agreement.
5. This is the entire agreement between the parties with respect to the subject matter
hereof. It may be amended only in a written instrument signed by the parties. This
agreement is binding upon parties and their respective transferees, successors, heirs,
and assigns. Time is of the essence in observing the terms of this agreement.
IN WITNESS WHEREOF, the parties have executed this Encroachment Agreement by
their duly authorized officers as of the date first set above.
VI2 Prop
By:
Its:
(//:%;10SACee
ies LLC
City of Waterloo:
By: Quentin Hart
Its: Mayor
Attest:
k,
y.Fe1.' le, City Clerk
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
On this 3 day of ,(401, ore me, the undersigned, a Notary Public in
and for the State of Iowa, perso lly appeared Lteideis.e00 me known to be the
identical persons named herein and who executed the f• egoing instrument and -acknowledged
that they executed the same as their voluntary act and deed.
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this 6s4S day of May, 2022, by Quentin
Hart and Kelly Felchle as Mayor and City Clerk, respectively, of the City of Waterloo.
LEANN M EVEN
COMMISSION NO. 731693
MYCOMMISSION EXPIRES
Notary Public
E
Rif
INDEX LEGEND
General Description:
Surveyor:
Surveying Company/
Return to:
Survey Requested By:
Proprietor:
Sec. 4-T88N-R13W, SE 1/4
Kyle J. Helland
Helland Engineering & Surveying, Ltd.
6109 Chancellor Drive
Cedar Falls, Iowa 50613-6916
319-266-0161
Randy Vandersee
City of Waterloo
1
SEE SHEET 2 FOR DETAILS OF PARCELS "Q" & "R"
SEE SHEET 2 FOR DESCRIPTIONS OF PARCELS "Q" & "R"
(259.45')
(N 89°34'55" E 259.49)
N 89°35' E 259.6'
FOUND NO. 4 REBAR
w/YPC #7811
TRACT "C"
"GRANER'S SECOND ADDITION"
LOT 2
"KASPEND ADDITION"
PARCEL "A" WATERLOO
PLAT OF SURVEY
FEE BK #2006 28544
DATED 05/21/2001
LOCATION MAP
HIL TOP
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RAC
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This Plat or Subdivision has been reviewed by (City/County).
Signature of (City/County)
Ordinance Administrator
r
FOUND NO. 4 REBAR
w/YPC #8033
ACQUISITION PLAT
DATED 09/09/2014
FILE 2015-00004972 1
/
ADDRESS:
1039 PEOPLES SQUARE /
WATERLOO, IOWA 50702
25' BLDG. LINE -/
(PLATTED)
/
HAINESVEZ
ARRYINCT rc
RAC AEL ST
EXCELSIOR Lft EXCEL 0 LN
♦
AT A
pwER PARK DR
FISHER D
W. SAN MARNAN DR.
0.
gi
AVE
ERDO DC
TOWS PARK L
8' UTILITY EASEMENT
(PLATTED)
KIMBALL AVENUE
W. SAN MARNAN DRIVE
(R.O.W. VARIES)
PARCELS "Q" & "R"
THIS SURVEY MEETS/OR EXCEEDS CURRENT "MINIMUM STANDARDS FOR PROPERTY SURVEYS"
1/
/
/ 2C,
PARCEL "Q" I
SEE SHEET 2
HELLAND ENGINEERING & SURVEYING, LTD
6109 Chancellor Drive
Cedar Falls, Iowa 50613-6916
(319)-266-0161
LSHEET1OF2
LA4,0
„`/ �oKYLE Jo�
HELLAND o m
° 0 23212ce- .,
I hereby certify that this land surveying document was prepared
and the related survey work was performed by me or under my
direct personal supervision and that I am a duly licensed
Professional Land Surveyor under the laws of the State of Iowa.
Kyle J. Helland
License Number 23212
My license renewal date is December 31, 2023.
All pages or sheets are covered by this seal except:
i
Date
Mcn. E co
•
CoNM
EOM
000
PARCEL "R" I
SEE SHEET 2
(BEARINGS ARE ASSUMED)
• SET NO. 4 REBAR X 24" LONG w/ORANGE PLASTIC CAP #2
(00)RECORDED AS FILE NAME: 19-114-AQUISITION.DW
SCALE: 1" = 50' PROJECT #19-114 DRAWN BY:
OPCPLASTIC CAP (O=ORANGE, R=RED, Y=YELLOW)
0' 25' 50' 100'
3212
G
JPH
PLAT OF SURVEY
OF
PART OF SE 1/4
SEC. 4-T88N-R13W
WATERLOO, BLACK HAWK COUNTY, IOWA
FOR
CITY OF WATERLOO
e
THIS PLAT REPRESENTS A SURVEY OF PARCEL "Q"
That part of the Southeast Quarter (SE 1/4) in Section No. 4, Township No. 88
North, Range No. 13 West of the Fifth Principal Meridian, City of Waterloo, Black
Hawk County, Iowa, described as follows:
Beginning at the Southeasterly corner of Lot No. 2 in "Kaspend Addition" to
the City of Waterloo, point being a set 'A" rebar with license #23212;
thence South 86°12'/2 West a distance of 17.6 feet to a set IA" rebar with
license #23212;
thence North 87°21'W West a distance of 83.65 feet to the Southeast
corner of Parcel "A" per Plat of Survey dated 05/21/2001 recorded in Fee Book
#2006 28544 in the Office of the Black Hawk County Recorder, point being a set 'A"
rebar with license #23212;
thence along the South line of said Lot No. 2 South 88°28'/2 East a
distance of 101.15 feet to the point of beginning.
Containing 80 sq. ft.
Subject to restrictions, easements, covenants, ordinances, and limited access
provisions of record and not of record.
Note: The South line of said Lot No. 2 is assumed to bear South 88°28'A' East for EXISTING
SEWER
this description. STORM INTAKE
THIS PLAT REPRESENTS A SURVEY OF PARCEL "R" S 00°56'/4 E 32.6'
That part of the Southeast Quarter (SE 1/4) in Section No. 4, Township No. 88
North, Range No. 13 West of the Fifth Principal Meridian, City of Waterloo, Black
Hawk County, Iowa, described as follows:
Beginning at the Southeasterly corner of Lot No. 2 in "Kaspend Addition" to
the City of Waterloo, point being a set IA" rebar with license #23212;
thence along the Easterly line of said Lot No. 2 North 11 °583/4 East a
distance of 125.9 feet to the Southerly corner of Acquisition Plat dated 09/09/2014
recorded in File 2015-00004972 in the Office of the Black Hawk County Recorder,
point being a set'/2' rebar with license #23212;
thence South 00°56'%' East a distance of 32.6 feet to a set IA" rebar with
license #23212;
thence South 12°22'/2 West a distance of 57.8 feet to a set' A" rebar with
license #23212;
thence South 22°42'/2 West a distance of 37.0 feet to the point of
beginning.
Containing 650 sq. ft.
Subject to restrictions, easements, covenants, ordinances, and limited access
provisions of record and not of record. /
Note: The South line of said Lot No. 2 is assumed to bear South 88°28'/2 East for
this description.
Parcel letters approved by County Auditor's Office
Date of Survey: 03/25/2022 EASTERLY LINE TRACT "C"
"GRANGER'S SECOND ADDITION"
SOUTH LINE TRACT "C"
"GRANGER'S SECOND ADDITION"
(ASSUMED BEARING)
S 22°421/4W 37.0'
S 86°12% W 17.6'
S 88°28'33"E 101.16)
88°281/4' E 101.15'
N 87°21 2' W 83.65'
W. SAN MARNAN DRIVE
(R.O.W. VARIES)
L MONUMENTS TO BE SET BY 7/31/2022
PARCEL "Q"
80 SQ. FT.
EXISTING
STORM SEWER INTAKE
EXISTING i+
60" ARCHED RCP
cb
8.9'± I—
w
Q�
J �
Qd
Ca ce
PARCEL "R"
650 SQ. FT.
SE 1/4
SEC. 4-T88N-R 13W
PARCELS "Q"&"
//r
SE CORNER LOT 2
"KASPEND ADDITION"
0' 10' 20' 40' 4
P.O.B.
HELLAND ENGINEERING & SURVEYING. LTD.
6109 Chancellor Drive
Cedar Falls, Iowa 50613-6916
(319)-266-0161
[SHEET 2 OF 2
1
1
r(002RECORDED
• SET NO.4 REBAR X 24" LONG w/ORANGE PLASTIC CAP #2321AS FILE NAME: 19-114-AQUISITION-2.DWG
SCALE: 1" = 20' PROJECT #19-114 DRAWN BY: JPH
L PC PLASTIC CAP (O=ORANGE, R=RED, Y=YELLOW)
PLAT OF SURVEY
OF
PART OF SE 1/4
SEC. 4-T88N-R13W
WATERLOO, BLACK HAWK COUNTY, IOWA
FOR
CITY OF WATERLOO
1