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Home My WebLink AboutVI2, LLC-Encroachment Agreement-05.16.2022 (RECORDED) IIUI I I I II II I I 1 II II I II II Doc ID: 011903500004 Type: GEN Recorded: 02/16/2023 at 09:10:22 AM Fee Amt: $22.00 Page 1 of 4 Black Hawk County Iowa SANDIE L. SMITH RECORDER File2023-00011457 **RECORDERS NOTE: RECORDED AS PRESENTED** ENCROACHMENT 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 hereinafter"VI2", and the City of Waterloo, Iowa,hereinafter"City"this I fin"day of MA. DO . 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 ies LLC By: Its: City of Waterloo: aLWACIAr'144— By: Quentin Hart Its: Mayor Attest:sne ff nn y-Fel le, City Clerk 1Ca11�� STATE OF IOWA ) COUNTY OF BLACK HAWK ) SS. On this � day of I , ,. ore me, the undersigned, a Notary Public in and for the State of Iowa, perso lly appeared ZdiaRS•ePto 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. Notary Public STATE OF IOWA ) (J ()I 4 COUNTY OF BLACK HAWK ) SS. This instrument was acknowledged before me on this 60 day of May, 2022, by Quentin Hart and Kelly Felchle as Mayor and City Clerk, respectively, of the City of Waterloo. LEAN N M EVEN w� � - COMMISSION NO.731693 * * Ml(C,Q�IMI S iTPIRES Not Public rows+ �� 'S -� �j i Es 11\ , Rif w ai En INDEX LEGEND o General Description: Sec.4-T88N-R13W,SE 1/4 Surveyor: Kyle J.Helland Surveying Company) o Return to: Helland Engineering&Surveying,Ltd. c.� 6109 Chancellor Drive Cedar Falls, Iowa 50613-6916 0 319-266-0161 z Survey Requested By: Randy Vandersee Proprietor: City of Waterloo rY >r This Plat or Subdivision has been reviewed by(City/County). SEE SHEET 2 FOR DETAILS OF PARCELS"Q"&"R" Signature of(City/County) Date SEE SHEET 2 FOR DESCRIPTIONS OF PARCELS"Q"&"R" Ordinance Administrator (259.45) (N 89°34'55"E 259.49) N 89°35'E 259.6' \-- FOUND NO.4 REBAR FOUND NO.4 REBAR I ��° w/YPC#7811 w/YPC#8033 1 ;� Lu TRACT"C" 1 "GRANER'S SECOND ADDITION" I 'a N M z ° �� z� ACQUISITION PLAT o„o o j DATED 09/09/2014 1 �' Q FILE2015-00004972 / I J 3 / I Q03 o ADDRESS: / 1/ L 1039 PEOPLES SQUARE / Y WATERLOO,IOWA 50702 LOT2 / 1 � - "KASPEND ADDITION" / 1 PARCEL 'A" WATERLOO / I PLAT OF SURVEY / FEE BK#2006 28544 _ DATED 05/21/2001 25'BLDG.LINE----/ o" (PLATTED) / o LOCATION MAP / H!L TDP RD m \MY10DA y o o " 'ta RD W L"„ 4 ,R ( 2S' MEXDDW al 5 " // ��' PARCEL "R" m In'EAK' p^ MAC AEI. 5T "RUE"" y 8'UTILITY EASEMENT / SEE SHEET 2 RACHAEI sT r AVE (PLATTED) 1. 449c, It ~MEN` EAs ge“"_, - - - - - - -/ - - mm /� ,_MiMAN DR EXCEL OR L EXCELSIOR JV� AIIMAT,A T , . 1 AR o+�"wt oR m' iTOWER PARK OR51r Tow,PARK �k FISHER- DR e� 1 PARCEL "Q" W SAN MARNAN DR. ' KIMBALL AVENUE E WINN 3 SEE SHEET 2 '49 W. SAN MARNAN DRIVE (R.O.W. VARIES) PARCELS "Q"& "R" (BEARINGS ARE ASSUMED) THIS SURVEY MEETS/OR EXCEEDS CURRENT"MINIMUM STANDARDS FOR PROPERTY SURVEYS" 0' 25' 50' 100' HELLAND ENGINEERING &SURVEYING, LTD. • SET NO.4 REBAR X 24"LONG w/ORANGE PLASTIC CAP#23212 I 6109 Chancellor Drive (00)RECORDED AS FILE NAME: 19 114-AQUISITION.DWG Cedar Falls,Iowa 50613 6916 SCALE: 1"=50' PROJECT#19-114 DRAWN BY: JPH (319)-266-0161 SHEET 1 OF 2 OPCPLASTIC CAP(O=ORANGE,R=RED,Y=YELLOW) ,00,T"'"'""',1: I hereby certify that this land surveying document was prepared ,.�P� LA DO"``'<>.. and the related survey work was performed by me or under my PLAT OF SURVEY ,O .......... J, direct personal supervision and that I am a duly licensed OF Professional Land Surveyor under the laws of the State of Iowa. PART OF SE 1/4 W KYLE J. . 73,m`- SEC.4-T88N-R13W u- F. a HELLAND 'a-023212 0 -c KyleJ.Helland o �0 . License Number 23212 WATERLOO, BLACK HAWK COUNTY, IOWA My license renewal date is December 31,2023. FOR IW P All pages or sheets are covered by this seal except: O,,,. CITY OF WATERLOO THIS PLAT REPRESENTS A SURVEY OF PARCEL"Q" / 1 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: if Beginning at the Southeasterly corner of Lot No.2 in"Kaspend Addition"to the City of Waterloo, point being a set'/2"rebar with license#23212; thence South 86°12'/2 West a distance of 17.6 feet to a set'/2' rebar with I % F license#23212; / co thence North 87°211/2'West a distance of 83.65 feet to the Southeast i/ "' ' corner of Parcel "A" per Plat of Survey dated 05/21/2001 recorded in Fee Book I' #2006 28544 in the Office of the Black Hawk County Recorder, point being a set'/2" i co rebar with license#23212; /1 thence along the South line of said Lot No.2 South 88°281/2'East a /I distance of 101.15 feet to the point of beginning. / I Containing 80 sq.ft. / Subject to restrictions, easements,covenants, ordinances, and limited access / I provisions of record and not of record. r' I/ Note: The South line of said Lot No. 2 is assumed to bear South 88°28'/2 East for EXISTING STORM SEWER this description. IN AKE 4 J / , THIS PLAT REPRESENTS A SURVEY OF PARCEL"R" S 00°56'/'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 s 9+ IF Hawk County, Iowa,described as follows: w Beginning at the Southeasterly corner of Lot No.2 in "Kaspend Addition"to ti`�' z �� w the City of Waterloo, point being a set'/2' rebar with license#23212; W °h .cc z 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 �z. , Q o recorded in File 2015-00004972 in the Office of the Black Hawk County Recorder, , c point being a set'/2'rebar with license#23212; / Y thence South 00°56'/4 East a distance of 32.6 feet to a set'/2'rebar with ,'- license#23212; /�; 80 thence South 12°22'/2 West a distance of 57.8 feet to a set'/2'rebar with ,`^ V) license#23212; 'w thence South 22°42'/2 West a distance of 37.0 feet to the point of /tom c" beginning. /'^ N Containing 650 sq.ft. z. co Subject to restrictions, easements, covenants, ordinances,and limited access / _ PARCEL 'R" provisions of record and not of record. 650 SQ.FT. I / , Note: The South line of said Lot No. 2 is assumed to bear South 88°281/2 East for /� this description. Parcel letters approved by County Auditor's Office 1 Date of Survey: 03/25/2022 EASTERLY LINE TRACT"C" I SE 1/4 "GRANGER'S SECOND ADDITION" / SEC. 4-T88N-R13W SOUTH LINE TRACT"C" "GRANGER'S SECOND ADDITION" S 22°42'/2 W 37.0' / S 86°12'/2 W 17.6' (ASSUMED BEARING) / PARCELS"Q"&"R' P.O.B.j �,� • (S88°2833"E 101 .1 y / �� • -�, S 88°28h E 101.1 - a iI --- I �,,'�� '' N87°21%'W 83.65' PARCEL "Q" -- ' 80 SQ.FT. , i %' + W. SAN MARNAN DRIVE �� q SE CORNER LOT 2 EXISTING a KASPEND ADDITION' (R.O.W. VARIES) STORM SEWER INTAKE EXISTING + 60"ARCHED RCP ..i.=.��.�� j MONUMENTS TO BE SET BY 7/31/2022 0' 10' 20' 40' HELLAND ENGINEERING &SURVEYING, LTD. • SET NO.4 REBAR X 24"LONG w/ORANGE PLASTIC CAP#23212 6109 Chancellor Drive (00)RECORDED AS FILE NAME: 19-114-AQUISITION-2.DWG Cedar Falls,Iowa 50613-6916 SCALE: 1"=20' PROJECT#19-114 DRAWN BY: JPH (319)-266-0161 SHEET 2 OF 2 OPCPLASTIC 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 ‘ A CITY OF WATERLOO / I I I III III I IIII 11111111 II Doc ID: 011903490002 Type: GEN Recorded: 02/16/2023 at 09:09:49 AM Fee Amt: $12.00 Page 1 of 2 Black Hawk County Iowa SANDIE L. SMITH RECORDER File2023-00011456 Prepared by LeAnn M. Even Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2022-294 RESOLUTION APPROVING AN ENCROACHMENT AGREEMENT WITH VI2, LLC FOR A PORTION OF KIMBALL AVENUE AND SAN MARNAN DRIVE CITY RIGHT-OF-WAY LOCATED IN THE "C-1, C-Z" CONDITIONAL ZONING DISTRICT EAST OF 1029 PEOPLES SQUARE, 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 VI2, LLC for an Encroachment Agreement, dated May 16, 2022, by and between V-12, LLC and the City of Waterloo, Iowa, for a portion of Kimball Avenue and San Marnan Drive City right-of-way located in the "C-1, C-Z" Conditional Zoning District east of 1029 Peoples Square, and legally described as follows: 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 '/2" REBAR WITH LICENSE #23212; THENCE SOUTH 86°12'/2'WEST A DISTANCE OF 17.6 FEET TO A SET '/2" REBAR WITH LICENSE #23212;THENCE NORTH 87°21'/2' 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 1/4" REBAR WITH LICENSE #23212; THENCE ALONG THE SOUTH LINE OF SAID LOT NO. 2 SOUTH 88°281/4' 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'/2' EAST FOR THIS DESCRIPTION. THIS PLAT REPRESENTS A SURVEY OF PARCEL "R" 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 '/2" REBAR WITH LICENSE #23212; THENCE ALONG THE EASTERLY LINE OF SAID LOT NO. 2 NORTH 11°583/a' 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°561/4 EAST A DISTANCE OF 32.6 FEET TO A SET 1/4" REBAR WITH LICENSE #23212; THENCE SOUTH 12°221/4' WEST A DISTANCE OF 57.8 FEET TO A SET '/2" REBAR WITH LICENSE #23212; THENCE SOUTH 22°421/4' 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 110o Cja) v� Resolution 2022-294 Page 2 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 16th day of May 2022. Otte/tun. J 11 J/NI.ITV SIGNED */ Quentin Hart, Mayor ATTEST: 7(elley F'elchle SIGNED' 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. 2022-294 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 16`h day of May 2022. Witness my hand and seal of office this 16th day of May 2022. Kelley Felchle "" SIGNED Kelley Felchle, City Clerk SEAL * v, fir'•• _ ii 'J, 1�