HomeMy WebLinkAboutSchreiber, Gregory Encroachment Agreement (RECORDED)10.17.2022 III IIIII IIIII IIIi 1011011II I III II II 111111
Doc ID: 011856540002 Type: GEN
Recorded: 10/28/2022 at 11:41:32 AM
Fee Amt: $12.00 Page 1 of 2
Black Hawk County Iowa
SANDIE L. SMITH RECORDER
File2023-00006901
caw vJa.LQx oO
Prepared by: Seth Hyberger, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT is entered into by and between Gregory A
Schreiber,hereinafter"Schreiber", and the City of Waterloo, Iowa, hereinafter"City"this (1
day of deal-1 , 2022.
WHEREAS, Schreiber is the owner of real estate commonly known as 928 Loretta Avenue,
Waterloo, Iowa 50703 and legally described as Lincoln Heights First Addition Lot 13, Waterloo,
Iowa, hereinafter"Schreiber Property"; and
WHEREAS, Schreiber is proposing to construct and maintain a 18' X 24' garage,
hereinafter"Garage"that encroaches approximately 4 feet into easement, hereinafter
"Easement"; and
WHEREAS, Schreiber is requesting to allow said Garage within a portion of said Easement as
described below"Encroachment Area"; and
WHEREAS, the City is willing to allow said Garage to encroach into said Encroachment Area as
legally described as, The West four(4) feet of North twenty-four(24) feet of the South forty-one
(41) feet of the eight (8) foot easement as platted along the East line of Lot 13 of Lincoln Heights
First Addition, Waterloo, Iowa, subject to the following agreement regarding each party's rights.
1. Schreiber hereby recognizes and reaffirms, said Easement.
2. The City grants Schreiber the right to place and maintain said Garage 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 Easement, expressly recognizing and
acknowledging that any damage that occurs to said Garage will be the sole risk and
expense of Schreiber including repair, removal, 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 said Garage to be temporarily
removed for access to said Easement, Schreiber shall remove said Garage 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 remove said Garage and assess any costs for removal against Schreiber, or
Schreiber Property.
3. The term of this agreement shall be for so long as said Garage is maintained by
Schreiber, and said Garage continues to exist, and that this agreement shall
automatically terminate if said Garage is removed (other than for temporary
removal during replacement or repair). It is understood and agreed that this
Agreement is appurtenant to the real estate 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 Schreiber, or any
transferees, successors and assigns. If responsible parties fail to remove said
Garage upon termination of this agreement,the City of Waterloo is herby
authorized to remove said Garage and assess costs to Schreiber, or against Schreiber
Property.
g_efoX Y
4. Schreiber shall protect, defend, indemnify, and hold harmless the City and its
successors and assigns and their 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) of any type or
nature whatsoever arising out of the use, maintenance, or removal of said Garage,
including, but not limited to any damage to said Easement or said Garage. This
covenant shall survive the termination of this Agreement.
5. This is the entire agreement between the parties with respect to subject matter
hereof. It may be amended only in a written instrument signed by the parties. This
agreement is binding upon the 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 offices as of the date first set forth above.
City of Waterloo
Gr r Schreiber By: Quentin Hart
Its: Mayor
Attest:
,vu
Kelley F chle, City Clerk
STATE OF 1,V W ar )
COUNTY OF leek, ) SS.
On this 6 day of 61 Cio tley, , 2022 before me, the undersigned, a Notary Public in and
for the State of jWC , Gregory A Schreiber, personally appeared to me known to be the
identical person named herein and who executed the foregoing instrument and acknowledged
that they executed the same as their voluntary act and deed.
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Notary Public ,T ;r ��' a 3 4:
STATE OF IOWA ) = .•1
COUNTY OF BLACK HAWK ) SS. .;'sy•
, ?
This instrument was acknowledged before me on this t ct dayof , 2022
g ��v�r'
Quentin Hart and Kelley Felchle as Mayor and City Clerk,respectively, of the City of Waterloo.
- NANCY HIGBY thtZS'
- Arai COMMISSiON NO 9
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