HomeMy WebLinkAboutVI2, LLC-Encroachment Agreement-05.16.2022 (CORRECTED) CORRECTED 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 16th day of May, 2022
and corrects and supersedes the Encroachment Agreement Recorded February 16, 2023 as
Document No. 2023-0001157.
WHEREAS, VI2 is the owner of real estate commonly known as 1039 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 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 W San Marnan Drive as shown on the attached
Exhibit`B"; and
WHEREAS,the City is willing to allow said Encroachment into said City Right-of-Way as
shown on attached Exhibit"B" (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 Property.
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.
I2 P;perties LIf
'144/114 .--------\---
By: `/i`�/c�'�' .5�„
Its: a,., ' ,1kr
City of Waterloo:
By: Quentin Hart
Its: Mayor
Attest:
Felchle, y Clerk
STATE OF IOWA ) Uzi
COUNTY OF BLACK HAWK ) SS.
On this 1.o day of SP-pb°nhr , 6O2.3 before me,the undersigned, a Notary Public in
and for the State of Iowa, personally appeared ganjait \JandeA-5ee,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.
EMILY SELIGA
p�^ Commission Number 849716 /
*J * My Commission Expires /JO
/OWN July 27,2026
Notary Public
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS. n
This instrument was acknowledged before me on this c / day of q , ,,,i,, by Quentin
Hart and Kelly Felchle as Mayor and City Clerk, respectively, of the City of I aterloo.
IàI
C* MY COMMISSION EXPIRES
IOWA JANUAFIY 27,2026 Pu iC
•
-
st,4%,,itt t. , icit 1 •" 4
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Exhibit "A"
Lot 2, "Kaspend Addition, a Replat of tract C, Granger' s Second
Addition, City of Waterloo, Black Hawk County, Iowa, and a Part
of vacated West San Marnan Drive and vacated Kimball Avenue in
the City of Waterloo, Black Hawk County, Iowa, except Parcel A
of Plat of Survey Doc. #2006-28544 and futher except that part
conveyed to the City of Waterloo in Doc. #2015-06430 .
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INDEX LEGEND o
General Description: Sec.4-T88N-R13W,SE 1/4 if
Surveyor: Kyle J.Helland ,.
Surveying Company/ 0
Return to: Helland Engineering&Surveying,Ltd. 0
6109 Chancellor Drive o
Cedar Falls, Iowa 50613-6916 a
319-266-0161 z
Survey Requested By: Randy Vandersee N
Proprietor: City of Waterloo ceu
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
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(259.45')
(N 89°34'S5'E 259.49)
N 89°35'E 259.6' I- -_
FOUND NO.4 REBAR
w/YPC#7811 FOUND NO,4 REBAR I M co
w/YPC#8033
ti
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TRACT"C" I �N
"GRANER'S SECOND ADDITION" 1 0 0
1 8D o if-1-1)
ago
ACQUISITION PLAT ,..e4
DATED 09/09/2014 I Q
FILE 2015-00004972 / I
/ 1 and
ADDRESS: / /
1039 PEOPLES SQUARE If/ m
WATERLOO,IOWA 50702 ' ` '
LOT2
NSA
"KASPEND ADDITION" / I cory
PARCEL'A" WATERLOO / I A
PLAT OF SURVEY / cq
FEE BK#2006 28544
DATED 05/21/2001 25'BLDG.LINE-7/ o.---
(PLATTED) / '�
„.,
.1„ ,. LOCATION MAP / ;k*
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1
/ PARCEL "R"
!1I!Ii1ft1
UTILITYEASEMENT /LATTED Mil II IIMMI
_Igqi am* :,I_ _ _ _ _ I- 7i _ ,
1 �'crA
W.SANMARNANDR. r 7' NI• ■ KIMBALL AVENUE PARCEL "Q"
SEE SHEET 2 I
'®_- 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
A 6109 Chancellor Drive (DO)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 OPC PLASTIC CAP(O=ORANGE,R=RED,Y=YELLOW)
,"" °ii; I hereby certify that this land surveying document was prepared
- p.1- L ANQ"-a,;, and the related survey work was performed by me or under my PLAT OF SURVEY
;-.o o >•= m direct personal supervision and that I am a duly licensed OF
a , Professional Land Surveyor under the laws of the State of Iowa. PART OF SE 1/4
LL., KYLE J. 2.
o •H 23212 D e r` Kyle J.Helland SEC.4-T88N R13W
�o License Number23212 WATERLOO, BLACK HAWK COUNTY, IOWA
My license renewal date is December 31,2023.
•- • • All pages or sheets are covered by this seal except: FOR
/OWN CITY OF WATERLOO
/THIS PLAT REPRESENTS A SURVEY OF PARCEL"Q" I i 1
That part of the Southeast Quarter(SE 1/4) in Section No.4,Township No.88 I /
North, Range No. 13 West of the Fifth Principal Meridian,City of Waterloo, Black I
Hawk County, Iowa,described as follows: I
Beginning at the Southeasterly corner of Lot No.2 in "Kaspend Addition"to I '
the City of Waterloo, point being a set''/"rebar with license#23212; I
' ) /
thence South 86°12'/2 West a distance of 17.6 feet to a set%"rebar with I ,
license#23212;
thence North 87°21'/i West a distance of 83.65 feet to the Southeast I' N.
corner of Parcel "A"per Plat of Survey dated 05/21/2001 recorded in Fee Book b' el
#2006 28544 in the Office of the Black Hawk County Recorder, point being a set'/2' 1
rebar with license#23212; II
thence along the South line of said Lot No.2 South 88°28%' East a /I
distance of 101.15 feet to the point of beginning. /I
Containing 80 sq.ft. / I
Subject to restrictions, easements, covenants, ordinances, and limited access , I /
provisions of record and not of record. / I/
Note: The South line of said Lot No. 2 is assumed to bear South 88°281/2 /
East for EXISTING I ,
this description. STORM SEWER
INTAKE I
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 69t I--
Hawk County, Iowa, described as follows:
Beginning at the Southeasterly corner of Lot No.2 in "Kaspend Addition"to (4.11..u
rthe City of Waterloo, point being a set'V2'rebar with license#23212; a W wthence along the Easterly line of said Lot No.2 North 11°58% East a Qdistance 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, / gpoint being a set'/2'rebar with license#23212; /thence South 00°56'/'East a distance of 32.6 feet to a set'/z'rebar with /-
license#23212; /cz
ethence South 12°22'/z West a distance of 57.8 feet to a set'/2'rebar with /license#23212; Iwthence South 22°42'/2 West a distance of 37.0 feet to the point of /I/
gipbeginning.Containing 650 sq.ft.Subject to restrictions,easements, covenants, ordinances, and limited access ARCEL "R"Iprovisions of record and not of record. / 65D S(1.FT. INote: The South line of said Lot No. 2 is assumed to bear South 88°28'% East for this description.Parcel letters approved by County Auditor's Office Date of Survey: 03/25/2022 EASTERLY LINE TRACT"C" SE 1/4
"GRANGER'S SECOND ADDITION" SEC. 4-T88N-R13W
SOUTH LINE TRACT"C"
"GRANGER'S SECOND ADDITION" S 22°42Yz'W 37.0' iS 86°12Yz W17.6''(ASSUMED BEARING) , S"Q"&"R"
(SB6°26'33"E 101.16') jj / // •
S 88°28'/'E 101.15' I �/
N 87°21Y2 W 83.65'
PARCEL "Q" --
W.SAN MARNAN DRIVE 80 SQ.FT. I SE CORNER LOT 2
EXISTING o "KASPEND ADDITION"
(R.O.W.VARIES) STORM SEWER INTAKE EXISTING o
60"ARCHED RCP
jjjENTSTOBE SET BY 7/31/2022 0' 1 D' 20' 40'
HELLAND ENGINEERING &SURVEYING, LTD. • SET No.4 REBAR X 24"LONG w/ORANGE PLASTIC CAP#23212
6109 Chancellor Drive (00)RECORDEDAS FILE NAME: 19-114-AQUISITION-2.DWG
Cedar Falls,Iowa 50613-6916 SCALE: 1"=20' PROJECT#19-114 DRAWN BY: JPH
(319)-266-0161 �S H E ET 2 0 F 2 OPC PLASTIC 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
CITY OF WATERLOO