The URL can be used to link to this page

Home My WebLink AboutV-12, LLC - (RECORDED) Corrected Encroachment Agreement 09.26.2023 IIII III III IIIII IIIII IIIII II II IIIII IIl l IIIII IIIII III 11111111 Doc ID: 012024940005 Type: GEN Recorded: 10/23/2023 at 01:48:18 PM Fee Amt: $27.00 Page 1 of 5 Black Hawk County Iowa SANDIE L. SMITH RECORDER File2 02 4-00005 4 3 9 of CORRECTED ENCROACHMENT AGREEMENT 3c 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 February16, 2023 as Encroachment Agreement Recorded u ersedes the corrects andg and p 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. sZic _,,q44/14 I2 P pern By: aar�l/3ee., Its: 040 e f City of Waterloo: r1J-1247 -11CLF By: Quentin Hart Its: Mayor Attest: Felchle, y Clerk STATE OF IOWA ) {e t y COUNTY OF BLACK HAWK ) SS. On this day of SOO*/ , A023 before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared t p jo l t TQ yr-se(,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 V,4 Ai Commission Number 849716 My Commission Expires /i /OWN July 27,2026 Notary Public j STATE OF IOWA ) COUNTY OF BLACK HAWK ) SS. This instrument was acknowledged before me on this Cr) day of el , by Quentin Hart and Kelly Felchle as Mayor and City Clerk, respectively, of the City of aterloo. o�Paincs� BRITNI C PERKINS : COMMISSION NO.845529 ,' * * MY COMMISSION EXPIRES pu 1c ►owA JANUAFIY 27,2028 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 . ai 0 i5 -a 0 U a) i T C 0 O U 0 a) a) a) m cC EXHIBIT "B" SEE SHEET 2 FOR DETAILS OF TRACTS"A"&"B" L )1 SEE SHEET 2 FOR DESCRIPTIONS OF TRACTS"A" &"B" (259.45') (N 89p34'S5'E 259.49) ___-- N 89°35'E 259.6' FOUND N0.4 REBAR FOUND NO.4 REBAR I • `"C CO M (49 w/YPC#7811 w/YPC#8033 I ti w � TRACT"C" [ON� I oNM W "GRANER'S SECOND ADDITION" l o n g w W ADcr ATED 09/09/014 CUISITION PLAT ��' Q Q FILE 2015-00004972 / I -4 / / Qo ADDRESS: / I C 1039 PEOPLES SQUARE / I/ c Y WATERLOO,IOWA 50702/ N) LOT 2 / 1 �� "KASPEND ADDITION" I PARCEL"A" WATERLOO / 1 PLAT OF SURVEY co FEE BK#2006 28544 / DATED 05/21/2001 25'BLDG.LINE- — o (PLATTED) // o LOCATION MAP / d HILT TOP RDJ \'WOOD A7E a Al w p� 2J, S-, - ~ 1'� HILLTOP RD ��LN� � �� w ,T " W R�' P 9q / co''' 7 M _ ' / �`� TRACT "B" EaDDw LN I HAINE`AVEz3 '"I s g 8'UTILITY EASEMENT / SEE SHEET 2 ARRYINC w = RAM AEL ST DR p` (PLATTED) RACHAEL a ST AVE / QP' / ME Q`? Q "= EFOOACG a= • • • -• EXCELSIOR Cif EXCELSIOR LN w —hRNAN DR ,LORNATHA T C I D,AER PqP(eR 4Y I Sp 0.�AR _'T - PARK C ` ° TONER PARK DR FISHER DR 2 L., TRACT "A" W.SAN MARNAN DR. &-WNN KIMBALL AVENUE SEE SHEET 2 I 43-0 W. SAN MARNAN DRIVE (P.O.W. VARIES) TRACTS "A"& "B" (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 wIORANGE PLASTIC CAP#23212 _iiirgs_r.._ 6109 Chancellor DriveCeda (OO)RECORDED AS,FILE NAME: 19-114 AQUISITION-10 19 23.DWG (319)r266-0161 Iowa 50613-6916 X„SHEET 1 OF 2 OPC PLASTIC SCALE: ICAP(0=ORANGE,RC RED,Y1YELLOW)4 RAWN BY: JPH PLAT OF ENCROACHMENT AGREEMENT OF PART OF SE 1/4 SEC.4-T88N-R13W WATERLOO, BLACK HAWK COUNTY, IOWA FOR CITY OF WATERLOO J i I 1 DESCRIPTION OF TRACT"A" 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 Hawk County, Iowa, described as follows: I Beginning at the Southeasterly corner of Lot No.2 in"Kaspend Addition" to the City of Waterloo; thence South 86°12'/2 West a distance of 17.6 feet; thence North 87°21'/2 West a distance of 83.65 feet to the Southeast / o t )x 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; I/ `gym thence along the South line of said Lot No.2 South 88°28'/z East a 1 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 ' I / Note: The South line of said Lot No. 2 is assumed to bear South 88°28'/2 East for ; I�/ this description. /EXISTING ,' DESCRIPTION OF TRACT"B STORM SEWER 7AKE That part of the Southeast Quarter(SE 1/4) in Section No.4,Township No.88 il North, Range No. 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described as follows: S 00°561/4' E 32.6' Beginning at the Southeasterly corner of Lot No.2 in "Kaspend Addition"to $9,+ F-- the City of Waterloo; , w Lu thence along the Easterly line of said Lot No.2 North 11°583/4 East a Z w distance of 125.9 feet to the Southerly corner of Acquisition Plat dated 09/09/2014 "'ct recorded in File 2015-00004972 in the Office of the Black Hawk County Recorder; J thence South 00°561/4' East a distance of 32.6 feet; =Z ; Q o thence South 12°22'/2 West a distance of 57.8 feet; i • thence South 22°42'/z West a distance of 37.0 feet to the point of I Y beginning. /_ Containing 650 sq.ft. 0 63 Subject to restrictions, easements, covenants, ordinances, and limited access to 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 N this description. ,Z TRACT 'B" I 650 SQ.FT. i i / / I i EASTERLY LINE TRACT"C" / SE 1/4 "GRANGER'S SECOND ADDITION" / SEC. 4-T88N-R13W SOUTH LINE TRACT"C" "GRANGER'S SECOND ADDITION" ZW370 ' S 86°12'/z W 17.6' PARCELS"Q"&"R" (ASSUMED BEARING) i � (S88°28'33"E 101.16) iy P.O.B. /�� \ S 88°28'/z E 101.15' / ./' � ', N 87°21%'W 83.65' ___ �,%/ �/�� TRACT "A" 80 SQ. FT. o� j / SE CORNER LOT 2 W. SAN MARNAN DRIVE ' "KASPEND ADDITION" (R.O.W. VARIES) EXISTING STORM SEWER INTAKE EXISTING o 60"ARCHED RCP 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 _ifi.ap,...._ 6109 Chancellor DriveJC (00)RECORDED AS,FILE NAME: 19-114-AQUISITION 2-10-19-23.DW 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 ENCROACHMENT AGREEMENT OF PART OF SE 1/4 SEC.4-T88N-R13W WATERLOO, BLACK HAWK COUNTY, IOWA FOR A CITY OF WATERLOO