HomeMy WebLinkAbout3 Stooges-5/15/2023 ENCROACHMENT AGREEMENT
Prepared by: Seth Hyberger, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366
THIS ENCROACHMENT AGREEMENT is entered into by and between 3 Stooges LLC,
hereinafter"3 Stooges", and the City of Waterloo, Iowa, hereinafter"City"this 15 day of
M , 2oZ
WHEREAS, 3 Stooges is the owner of real estate commonly known as 1330 -1370 Martin
Road, Waterloo, Iowa 50704 and described as Lot 2 of Brock Third Addition except the North
150 feet thereof, in the City of Waterloo, Black Hawk County, Iowa, hereinafter"3 Stooges
Property"; and
WHEREAS, 3 Stooges is proposing to construct and maintain a private sanitary sewer line
on a portion of Martin Road, City owned Right-of-Way, hereinafter"Encroachment"that will
encroach into City right-of-way; and
WHEREAS, for the benefit of"3 Stooges Property, 3 Stooges is requesting to allow said
Encroachment within a portion of said City Right-or-Way along Martin Road as shown on the
attached Exhibit"A"; and
WHEREAS, the City is willing to allow said Encroachment into said 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. 3 Stooges hereby recognizes and reaffirms, said Right-of-Way, and claims no rights
or privileges therein except to the limited extent provided for in this agreement.
2. The City grants 3 Stooges 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 Right-of-Way, expressly recognizing and
acknowledging that any damage that occurs to said Encroachment will be the sole
risk and expense of 3 Stooges 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 Right-of-Way, 3 Stooges
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 or right-of-way License Agreement be
authorized to move said Encroachment and assess any costs for moving against 3
Stooges or any successors or assigns, or against 3 Stooges Property.
3. The term of this agreement shall be for so long as said Encroachment is maintained
by 3 Stooges Property, 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 3
Stooges 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 3 Stooges, or any successors and assigns, and that 3
Stooges, 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 3
Stooges, or any successors and assigns fail to remove said Encroachment upon
termination of this agreement, 3 Stooges, or any successors and assigns authorize
the City of Waterloo to remove said Encroachment and assess costs to 3 Stooges, or
any successors and assigns, or against 3 Stooges Property.
4. 3 Stooges, 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 and against 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, including but not limited to any damage to 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.
z.,-----7
3 Stooges LLC
By:
Its:
City of Waterloo:
By: Quentin Hart
Its: Mayor
Attest:tt
teitkjelhiAlL
11'y Felc&, City Clerk
STATE OF IOWA ) W l
COUNTY OF BLACK HAWK ) SS.
On this-?"/day of 4,e/% , Zo .3 be'°re me,the undersigned, a Notary Public in
and for the State of Iowa,personally appeared a,,,� ,_fC L$to me known to be the
identical persons named herein and who execute the forgoing instrument and owledged
that they executed the same as their voluntary act and deed.
of TIM ANDERA
1 COMMISSION I8I
,l
* * MY COMMISSION EXPIRES
kw,
APRIL tt,2024 Notary Public
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this day of May, 2023, by Quentin
Hart and Kelly Felchle as Mayor and City Clerk, respectively, of the City of Waterloo.
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