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Home My WebLink About3 stooges - Encroachment Agreement - 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 I day of µ , 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. 3 Stooges LLC By: Its: City of Waterloo: By: Quentin Hart Its: Mayor Attest: ktdett 4dekt- 4£e1ty Felchl , City Clerk STATE OF IOWA COUNTY OF BLACK HAWK ) SS. On this27''4day of` ,e,/, , 2oZ3 be= re me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared 774D rc ,FL,to me known to be the identical persons named herein and who execute the foregoing instrument and owledged that they executed the same as their voluntary act and deed. 401"+ TIM ANDERA COMMISSION NO.772518 * MY COMMISSION EXPIRES Imo APRIL 11,2024 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. se, BRITNI C PERKINS '1� Z 7 COMMN 845529 / * �c MY JOANUARY ISSIOION NO.2026RES Iowa otar p�i�,7 5xk ' b ' -I- ,r,4n z O 6 0 v 0 20' 40' U m Q m Q N O o CC J W Z Z I— J /�-�LL I— V) QC W C -J W r PROPOSED 0 .I_PROPOS D STORM SEWER NLET BLDG 3 FFE=862.5 I) BFE=860.6 36't i PROPOSED 6" DIA STORM SEWER II '6. 3t II � I :\1\PROPOSEi STORM SEWER NLET I I PRCIDOSED 6" I4I4 STORM SEWS/ 704 I III I I I I z SOUTH LINE, LOT 2, BROCK 3rd ADDITION ' O ct W 1 4 3 to H 3 Stooges,LLC DATE rm �.� C Wayne ClaassaW and Storm Sewer Encroachment Into Martin Rd R/W Plan w latrasumilkeNaml Feng,Inc > 2 Lot�Z Brock Third Addition,Except the North 150' �,=°-»: n n m R a M Y 2M wlwL�r AvenueW lvion. "n so]at Waterloo, a M-M-2 coca M 3 n[w MA.. ("r PSene.'(310 2]5-fi194