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HomeMy WebLinkAboutJSA Development -(RECORDED) Encroachment Agreement - 9/5/2023 III II IIILk II lI Doc ID: 012008160003 Type: GEN Recorded: 09/14/2023 at 03:22:11 PM Fee Amt: $17.00 Page 1 of 3 Black Hawk County Iowa SANDIE L. SMITH RECORDER File2024-00003789 ENCROACHMENT AGREEMENT oC ri op Prepared by: Seth Hyberger, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 THIS ENCROACHMENT AGREEMENT is entered into by and between JSA Development, hereinafter"JSA", and the City of Waterloo, Iowa, hereinafter"City"this S'day of See-. , 2oZ3. WHEREAS, JSA is the owner of real estate commonly known as 716 Commercial Street, Waterloo, Iowa 50702 and legally described as the Northwest 2/3 of Lot 2, Block 9 of the Original Plat of Waterloo West, in the City of Waterloo, Black Hawk County, Iowa, hereinafter "JSA Property"; and WHEREAS, JSA is proposing to build and maintain a 3' 6"out by 10' wide handicap ramp with railing, hereinafter"Encroachment"that will encroach into City right-of-way; and WHEREAS, for the benefit of JSA Property, JSA is requesting to allow said Encroachment within a portion of said City right-or-way along Commercial Street 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. JSA 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.JSA 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 JSA 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, JSA 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 JSA or any successors or assigns, or against JSA Property. 3. The term of this agreement shall be for so long as said Encroachment is maintained by JSA, 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 JSA 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 JSA, or any successors and assigns, and that JSA, 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 JSA, or any successors and assigns fail to remove ri) said Encroachment upon termination of this agreement, JSA, or any successors and assigns authorize the City of Waterloo to remove said Encroachment and assess costs to JSA, or any successors and assigns, or against JSA Property. 4. JSA, 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. 3-sit 0„4,,,,,,,,, A,,, JSA �eperties LC P- By: 1 vd(a r1/Y4,f Its: akitti aQ..e4j hrest a€-d- City of Waterloo: 6?&77 By: Quentin Hart Its: Mayor Attest: [it,t../— �,,,` lchle ity Clerk STATE OF IOWA ) F1t\-,\ COUNTY OF BLACK HAWK ) SS. On this /4 day of i4u4u5j- , apa3 before me, the undersigned, a Notary Public in and for the State of Iowa, pe sonally appeared David Deeds to me known to be the identical persons named herein and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. ,�l�� CommissioEMILYnNumb SELI GA I z er 649716 1 ., }deZe.,"„ 10WA My Commission Expires July 27,2026 Notary Publi STATE OF IOWA ) COUNTY OF BLACK HAWK ) SS. This instrument was acknowledged before me on this 5" day ofl, 2023,by Quentin Hart and Kelly Felchle as Mayor and City Clerk, respectively, of the City of Waterloo. .t51(s BRITNI C PERKINS _��` Z COMMISSION NO.845529 � Pub'. * ' * MY COMMISSION EXPIRES IOWA JANUARY 27,2026 111110 e)( v -k\- _ .,14_ (-I) fe) )). (\ ii - m WD co IE > (0^0 o " 7. CD CD/� Cr) 0zm D ZLD 0 cn�r 1, co; 0W -"T ofo 71 Om cob Xom m7 xz nc to mac oG7 mz O x T cn 0 f cn u? D—! 3 � -E .. CO • z m r SLOPE m t O .11------1\ ,,, ,, HO- O CD Fi \ i ,..\k) 2 2 (111 1ZO a o �m co�70 oD O(D 0z1- O a UP 00 Q 4D v Lit UP 1. o7 JSA - 716 Commercial - El Mecca 23,�"`a,�5.,�` ��., Isnr� 0 0_ Vlatw�a. 2,107o3 MI c' 716 Commercial Street Pig 31,231{1fi3 U U wZ ..,rtry-oc.cm, P Waterloo, Iowa 50703 ©coPineat2o23 architecture&planning ENCROACHMENT AGREEMENT Prepared by: Seth Hyberger, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 THIS ENCROACHMENT AGREEMENT is entered into by and between JSA Development, hereinafter"JSA", and the City of Waterloo, Iowa, hereinafter"City"this S day of Seri-. , 2o23. WHEREAS, JSA is the owner of real estate commonly known as 716 Commercial Street, Waterloo, Iowa 50702 and legally described as the Northwest 2/3 of Lot 2, Block 9 of the Original Plat of Waterloo West, in the City of Waterloo, Black Hawk County, Iowa, hereinafter "JSA Property"; and WHEREAS, JSA is proposing to build and maintain a 3' 6"out by 10' wide handicap ramp with railing,hereinafter"Encroachment"that will encroach into City right-of-way; and WHEREAS, for the benefit of JSA Property, JSA is requesting to allow said Encroachment within a portion of said City right-or-way along Commercial Street 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. JSA 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 JSA 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 JSA 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, JSA 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 JSA or any successors or assigns, or against JSA Property. 3. The term of this agreement shall be for so long as said Encroachment is maintained by JSA, 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 JSA 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 JSA, or any successors and assigns, and that JSA, 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 JSA, or any successors and assigns fail to remove said Encroachment upon termination of this agreement, JSA, or any successors and assigns authorize the City of Waterloo to remove said Encroachment and assess costs to JSA, or any successors and assigns, or against JSA Property. 4. JSA, 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. JSA P-epert es—LC By: 12✓4 rhetif Its: DiivI ate4.s FreS, JJ f City of Waterloo: By: Quentin Hart Its: Mayor Attest: j&v--- -lly Felchle City Clerk t� STATE OF IOWA ) ekl COUNTY OF BLACK HAWK ) SS. On this /L{ day of Al u54- , aoa3 before me, the undersigned, a Notary Public in and for the State of Iowa, pe sonally appeared Dame! Deeds to me known to be the identical persons named herein and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. tiT EMILY SELIGA c Commission Number 849716 z /OWA My Commission Expires July 27,2026 Notary Publi STATE OF IOWA ) COUNTY OF BLACK HAWK ) SS.This instrument was acknowledged before me on this 5 day of; rly , 2023, by Quentin Hart and Kelly Felchle as Mayor and City Clerk, respectively, of the City of Waterloo. .,PR.,AL BRITNI C PERKINS 2 Asik r COMMISSION NO.845529 , „„—„,.* MY COMMISSION EXPIRES Pub c IOWA JANUARY 27,2026 v 10 --i -n 0 xi 73"f� 3,-U, n D Ar a 0 r m wD 11 m -I o 2� ,a"//11/2" X� 071 7p zm 71 0 , LU E b v-+ m< D0 -h mm rK O -Di-I 02z '-S 5 m o o 3 z Cr 71p Dm m0 0 m X iii(n D-• r"n i (gyp Z zmb 0p mo 1m 0) 0 r- m n r N r M (f0m X rmm1 Z(N *n-i DXZ N 1 m 4 D JSA - 716 Commercial - El Mecca "'� ` i n ., .�,�, 0 8° 716 Commercial Street Pk3,923yp03 • ■ via ■ • z _ _ A p Waterloo, Iowa 50703 ©cPry^wi 2az3 architecture&planning :>. (\ c) ,, e), k \, K \;4_ 0 DD 'IE D n O / a CD �Cr) N) \' n� OZm ?++, D en N -pvc 00 RI:Li c 0C7F r Alom c° fO m>O� b -om m D� rF _ Z Dn mz E Ci)u ri) mm '� 0^5 4, (ço• Ill 1- ern oD rT� Q • z;° w SLOPE v O w —1z Fil t o Z ;p w 3 • 4a n m o mC o- O m N,0 UP D,-t m o oZ N 6 y DJ n UP P. JSA - 716 Commercial - El Mecca °n Past `senaWO) n r� vr'.em.we'w+oe fe S Z 716 Commercial Street VIU319431110 - - a 2 0 Waterloo, Iowa 50703 ©CW04'12023 architecture&planning