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Home My WebLink AboutHawkeye Community College - Encroachment Agreement - 9/6/2022 (RECORDED) IIIIIl III IIIII IIIII IIII IIIII IIIII11111IIIII IIIII IIIII IIIII11111IIII IIII Doc ID: 011830620002 Type: GEN Recorded: 09/13/2022 at 11:55:42 AM Fee Amt: $12.00 Page 1 of 2 Black Hawk County Iowa SANDIE L. SMITH RECORDER Fi1e2023-00004368 /� f ENCROACHMENT AGREEMENT et6A pt (..,3c .eri0e Prepared by: Seth Hyberger, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 THIS ENCROACHMENT AGREEMENT is entered into by and between Hawkeye Com unity Colle e, hereinafter"Hawkeye", and the City of Waterloo, Iowa, hereinafter"City" this; VI_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. (id 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 ommunity College By: Dr. Todd Holcomb Its: President City of Waterloo By: Quentin Hart Its: Mayor Attest: elly e chle, City Clerk STATE OF IOWA ) COUNTY OF BLACK HAWK ) SS. On this 1SY-hday of � j�s�- , 2022 before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared 1Jr.Tb4l \-Ut #o to me known to be the identical persons named herein and who executed the foregoing ' strument and acknowledged that they executed the same as their voluntary act and deed. 8'pA%AL ANNETTE STAPLES 71) *4„T ttt+,ft CMYACOIMMISSSION EXPIRES 6 row, OCTOBER 11,2022 Notary Public STATE OF IOWA ) COUNTY OF BLACK HAWK ) SS. til This instrument was acknowledged before me on this 1 day of Cp,L. 2022, by Quentin Hart and Kelly Felchle as Mayor and City Clerk, respectively, of the City of Waterloo. NANCY HICBY No ry P is `'`^ COMMISSION NO.788229 * "`" * MY OM�JIIIS 10 EX'3IRES IlI III IIII lII I110111 I II III IIIII IIIO IIII II II Doc ID: 011830610001 Type: GEN Recorded: 09/13/2022 at 11:55:30 AM Fee Amt: $7.00 Page 1 of 1 Black Hawk County Iowa SANDIE L. SMITH RECORDER File2023-00004367 Prepared by LeAnn M. Even Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319)291-4323. RESOLUTION NO. 2022-573 RESOLUTION APPROVING AN ENCROACHMENT AGREEMENT WITH HAWKEYE COMMUNITY COLLEGE TO ALLOW FOR A PORTION OF A DETENTION FACILITY TO EXTEND TEN (10) FEET INTO THE CITY-OWNED RIGHT-OF-WAY OF ALLEN STREET, IN THE "R-1, R-P" PLANNED RESIDENCE DISTRICT LOCATED EAST OF 1202 WEST 7TH STREET, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID DOCUMENT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of Hawkeye Community College for an Encroachment Agreement, dated September 6, 2022, by and between Hawkeye Community College and the City of Waterloo, Iowa, for a portion of a detention facility to extend ten (10) feet into the city-owned right-of-way of Allen Street, in the "R-1, R-P" Planned Residence District located east of 1202 West 7th Street, and legally described as follows: THE WESTERLY TEN(10) FEET OF TRACT "A" OF WILLISTON FIELD ADDITION, CITY OF WATERLOO, IOWA. is hereby approved and the Mayor and City Clerk are authorized and directed to execute said document on behalf of the City of Waterloo. PASSED AND ADOPTED this 6th day of September 2022. .OIGITAItY tih art sin ATTEST: Quentin Hart, Mayor Kelley L etchre DSIGNED IGITALLY Kelley Felchle, City Clerk CERTIFICATE I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 2022-573 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 6th day of September 2022. Witness my hand and seal of office this 6th day of September 2022. Kelley Felchle °101TA"Y SIGNED Kelley Felchle, City Clerk SEAL A ��i .*( fR .\ �r 'Q vg 1?::`i huh ' I �