HomeMy WebLinkAboutHawkeye Community College - Encroachment Agreement - 9/6/2022ENCROACHMENT AGREEMENT
Prepared by: Seth Hyberger, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366
THIS ENCROACHMENT AGREEMENT is entered into by and between Hawkeye
Col unity Co11e e, hereinafter "Hawkeye", and the City of Waterloo, Iowa, hereinafter "City"
this `day of, • 2022.
WHEREAS, Hawkeye is the owner of real estate commonly known as Williston Field,
Waterloo, Iowa and legally described as Lots 1-5 of Williston Fields Addition, City of
Waterloo, Black Hawk County, Iowa, hereinafter "Hawkeye Property"; and
WHEREAS, Hawkeye is proposing to build and maintain a drainage facility on a portion of
City owned right-of-way of Allen Street, hereinafter "Encroachment" that will encroach into
City right-of-way; and
WHEREAS, for the benefit of Hawkeye Property, Hawkeye is requesting to allow said
Encroachment within a portion of said City right -or -way legally described as: The Westerly ten (10)
feet of Tract "A" of Williston Field Addition, City of Waterloo, Iowa.
WHEREAS, the City is willing to allow said Encroachment into said City Right -of -Way as
described above (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. Hawkeye 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 Hawkeye 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 or right-of-way License Agreement 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 Hawkeye 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 or right-of-way License Agreement needs the
Encroachment to be temporarily moved for access to said Encroachment Area,
Hawkeye 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 or right-of-way License
Agreement shall be authorized to move said Encroachment and assess any costs for
moving against Hawkeye or any successors or assigns, or against Hawkeye
Propriety.
3. The term of this agreement shall be for so long as said Encroachment is maintained
by Hawkeye, 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 Hawkeye Property
and runs with the land.
4. Hawkeye, 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 or right-of-way License Agreement 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 forth above.
Hawkeye Community College
By: Dr. Todd Holcomb
Its: President
City of Waterloo
By: Quentin Hart
Its: Mayor
Attest:
elly k'elchle, City Clerk
STATE OF IOWA
COUNTY OF BLACK HAWK ) SS.
On this IS'tday of �� dad- , 2022 before me, the undersigned, a Notary Public in and
for the State of Iowa, personally appeared 1f. Tb41 \--Utc,rno to me known to be the
identical persons named herein and who executed the foregoing jpstrument and acknowledged
that they executed the same as their voluntary act and deed.
ANNETTE STAPLES
COMMISSION NO.820616
MY COIRES
MMISSION
2022
Notary Public
V�
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
olth
This instrument was acknowledged before me on this day of -i-, 2022, by Quentin
Hart and Kelly Felchle as Mayor and City Clerk, respectively, of the City of Waterloo.
'4 .
NANCY HIGBY
COMMISSION NO.788229
o M'
MYOM i9.5g EXr!RES