HomeMy WebLinkAboutPatterson, Lucas - Encroachment Agmnt - 5/6/2024 ENCROACHMENT AGREEMENT
Prepared by: John Dornoff, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366
THIS ENCROACHMENT AGREEMENT is entered into by and between Lucus A Patterson
and Katie A Patter on, hereinafter"Owners", and the City of Waterloo, Iowa, hereinafter"City"
this IS day of A-P , 20ai .
WHEREAS, Owners are the owners of real estate commonly known as 510 W 5th Street,
Waterloo, Iowa 50701 and legally described as: The Southwest 48 feet of Lot 1 and the
Southwest 48 feet of Lot 2, in Block 31 of the Original Plat of Waterloo West, City of
Waterloo, Black Hawk County, Iowa,hereinafter Owners Property; and
WHEREAS, Owners are proposing to allow for the placement of a step and landing,
hereafter "Encroachment" in the City-owned right-of-way in West 5111 Street.
WHEREAS, for the benefit of Owners Property,the owners are requesting to allow said
Encroachment within a portion of said City right-or-way along W 5th 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 parry's rights.
THEREFOR IT IS HEARBY AGREED by and between the parties as follows:
1. Owners 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 Owners the right to place and maintain said Encroachment in said
right-of-way, 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 the Owners 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, Owners and all successors or
assign shall move said improvements in the Encroachment Area if present and able,
otherwise the City and/or any agency to which the City has granted a utility
franchise or right-of-way License Agreement shall be authorized to move said
Encroachment and assess any costs for moving against Owners or any successors or
assigns, or against Owners Property.
3. The term of this agreement shall be for so long as said Encroachment is maintained
by Owners, 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 Owners 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 Owners, or any successors and assigns, and that Owners,
and any successors and assigns agree to remove said Encroachment prior to the end
of the 60 days notice and termination of this agreement. If Owners, or any
successors and assigns fail to remove said Encroachment upon termination of this
agreement, Owners or any successors and assigns authorize the City of Waterloo to
remove said Encroachment and assess costs to the Owners, or any successors and
assigns, or against the Owners Property.
4. The Owners, 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 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 forth above.
,.,.._ ___I 4)---)
By: Lucas A P erson
It : OE
y Katie A Patterson
Its: Owner
City of Waterloo:
By: Quentin Hart
Its: Mayor
Attest:
a " 41U4
113r..Felchle, City Clerk
STATE OF IOWA ) kGile,
COUNTY OF BLACK HAWK ) SS.
On this I S day of 1, a4214, Lucas A. Patterson and Katie A. Patterson before me, the
undersigned, a Notary Pub is in and for the State of Iowa, personally appeared 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
g�`" Commission Number 849716 •
*�* My Commission Expires
IOWO July 27,2026
Notary Pub c
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this '7 day of i/, 2024, by Quentin
Hart and I£e,1 Felchle as Mayor and City Clerk, respectively, of the City/of Waterloo.
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