HomeMy WebLinkAboutBlack Hawk County - Encroachment Agreement - 5/6/2024 ENCROACHMENT AGREEMENT
Prepared by:Seth Hyberger,715 Mulberry Street,Waterloo,Iowa 50703(319)291-4366
THIS ENCROACHMENT AGREEMENT is entered into by and between County,
hereinafter"C{t(o,�ug,ty",and the City of Waterloo,Iowa,hereinafter"City"this 4,rday of
1�L[I
WHEREAS,,,,COUNTY is the owner of real estate commonly known as 1407 Independence
Avenue,Waterloo,Iowa 50703 and legally described as the North 572.0 feet of the south 605.0
feet of the East 757.0 feet of the West 773.5 feel of the Southeast Quarter of Section No,
Nineteen(19),Township No.Eighty-nine(89)North,Range(12)West of the Fifth P.M.in the
City of Waterloo,County,Iowa,hereinafter"County Property";and
WHEREAS,County is proposing to build and maintain a Bus Stop Structure,hereinafter
"Encroachment"that will encroach into City right-of-way;and
WHEREAS,for the benefit of County Property,County is requesting to allow said
Encroachment within a portion of said City right-or-way along Independence Avenue 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 NEARBY AGREED by and between the parties as follows.
1. County 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 County 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 County 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,County 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 shall be authorized to move said Encroachment and assess any costs for
moving against County or any successors or assigns,or against County Property.
3. The term of this agreement shall be for so long as said Encroachment is maintained
by County,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 County Property
and runs with the land. II 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 County,or any successors and assigns,and that County,and
any successors and assigns agree to remove said E.ncroachment(s)prior to the end
remove said Encroachment and assess costs to County,or any successors and
assigns,or against County Property.
d. County,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.
VITNESS 1 I •:REOF,th parties have executed this Encroachment Agreement by
I ei < dy audio . officer as of the date first set forth above.
COUNTY
By:Christopher Schwartz
Its: Chair
Attest:
,/ �--_�\
Grant Vee er,Auditor Cit of Waterloo:
By:Quentin Hart
Its:Mayor
Attest:
—KLrffy'Felchle,Cit Clerk
STATE OF IOWA ) n�`I
COUNTY OF BLACK HAWKdd )SS.
On this day of A pv , )4 before me,the undersigned,a Notary Public in
and for the State of Iowa,personally appeared Cristopher Schwartz and Grant Viceder 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.
WI. SCOT M BROWN
9�
0 I ;•\ * COMMISSION NO.813234
z y��47L2 MY COMMISSION EXPIRES ---- -
*otrrt;own t/) /.h•'L�/ Notary it Ic
STATE OF IOWA
COUNTY OF BLACK HAWK )SS.
This instrument was acknowledged before me on this 5 day of ,2023,by Quentin
Hart and Kelly Felchle as Mayor and City Clerk,respectively,of the City f Waterloo.
ry`."t SF COBRITNIMMIS Si PO C N PERNKINS
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*errinn* MY JANUARYION 2026RES
IOWA
Exhibit A
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1407 Independence Avenue
0
INDEPENDENCE`
INDEPENDENCE AVE INDEPENDENCE AVE INDEPENDENCE AVE
Location of Encroachment
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N
of "'"TFAft � 1407 Independence Avenue
wW E o Encroachment Agreement
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