HomeMy WebLinkAboutMorris & Rubino 218 Division - Encroachment Agmnt - 5.20.2024 ENCROACHMENT AGREEMENT
Prepared by: John Domoff, 715 Mulberry Street, Waterloo, Iowa 50703 (319)291-4366
THIS ENCROACHMENT AGREEMENT is entered into by and between Noel Morris Jr.
and Marilyn L. Rubino, hereinafter Owners, and the City of Waterloo, Iowa, hereinafter"City"
this9,10 day of ppr,/ , 2-aZ f
WHEREAS, Owners are the owners of real estate commonly known as 218 Division,
Waterloo, Iowa 50701 and legally described as: The Southwest 46 feet 8 inches of Lot 1 in Block
1 of Morning Side Addition, City of Waterloo, Black Hawk County, Iowa, hereinafter"Owners
Property"; and
WHEREAS, Owners are proposing to allow for the placement of a food trailer and ancillary
items, hereafter"Encroachment"that will encroach into City right-of-way; and
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 Division 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. 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 Agreementshall 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 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 Owners, or any successors and assigns, or
against Owners Property.
4. 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.
By: Noel Morris Jr.
Its: Contract Purchaser
(171
By: Marilyn L.Rubino
Its: Owner
City of Waterloo:
r
By: Quentin Hart
Its: Mayor
Attest: 44 / ,,
K-e-1.13+Felch City Clerk
�,t,lley
STATE OF IOWA )
OWNERS) SS.
On this 6 day of 'ka.tao9.4,Noel Morris Jr. before me, the undersigned, a Notary
Public 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.
!St EMILY 3ELIGA
Commission Number 849716
My Commission Expires Notary Publi
/OWa July 27,2026
�'fi-XltS
STATE OF IOWA )
OWNERS) SS.
On thiso mday of Marilyn L. Rubino before me,the undersigned, a Notary
Public in and for the State of-Iewa;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.
., HAILEYGOFF
'4�t Notary ID#134633743 Notary Public
aR>�� My Commission Expires
November 6, 2027
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
sr
This instrument was acknowledged before me on this 71 day of , 2024,by Quentin
Hart and KellrFelchle as Mayor and City Clerk,respectively, of the City of Waterloo.
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0'4* NANCYANNE HIGBY y
°AS. COMMISSION NO.853884 Not Pu c
* * MYCOMMISSIOND:FIRES
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