HomeMy WebLinkAboutWald, Richard & Marjorie-Encroachment Agreement-08.20.2007 8'ao-v 7 aleque4eld
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ENCROACHMENT AGREEMENT
Prepared by: David Zellhoefer, 715 Mulberry Street, Waterloo, Iowa 80703 (319) 291-4327
THIS ENCROACHMENT AGREEMENT is entered into by and between Richard A. Wald ai
Marjorie T Wald, hereinafter"Wald", and the City of Waterloo, Iowa,hereinafter"City"this.
day of August 2007.
WHEREAS, Wald is the owners of real estate commonly known as 174 W. 13th Street,
Waterloo, Iowa 50702 and legally described as Anthony Bakers Addition Lot 1, Block 61, in the
City of Waterloo, Black Hawk County, Iowa, hereinafter"Wald property"; and
WHEREAS, there is city owned street right-of-way adjacent to the Southeasterly line of Wald
property known as W 13th Street, which is dedicated as a public street, hereinafter"right-of-way";
and
WHEREAS, Wald is requesting to build a building on and over a portion of said right of way, with
the encroachment area more particularly described as: the Northwesterly 1 foot of W 13th Street as
platted lying Southwesterly of the Southeasterly extension of the Northeasterly line of Lot 1 of Block
61 of Anthony Bakers Addition, and lying Northeasterly of the Southeasterly extension of the
Southwesterly line of Lot 1 of Block 61 of Anthony Bakers Addition, City of Waterloo, Black Hawk
County, Iowa.
WHEREAS, the City is willing to allow said building to remain encroaching into said right-of-
way, subject to the following agreement regarding each party's rights.
THEREFORE IT IS HEREBY AGREED by and between the parties as follows:
1. Wald hereby recognizes and reaffirms, said right-of-way.
2. The City grants Wald the right to construct and maintain said building on and over
said right-of-way as described herein, subject to the rights of the City and/or any
agency to which the City has granted a utility franchise to and for access on said
right-of-way, and for any future use as right-of-way by the City of Waterloo or State
of Iowa for road purposes, expressly recognizing and acknowledging that any
damage that occurs to said building will be the sole risk and expense of Wald and all
successors or assigns.
3. The term of this agreement shall be for so long as said encroachment is maintained
by Wald, or any successors or assigns, and said encroachment continues to exist, and
that this agreement shall automatically terminate if said encroachment is removed. It
is understood and agreed that this Agreement is appurtenant to Real Estate. It is
further understood and agreed that this agreement may be terminated by the City of
Waterloo upon 60 days notice and order to remove to Wald, or any successors and
assigns, and that Wald, or any successors and assigns, agree to remove said
encroachment prior to the end of the 60 days notice and termination of this
agreement. If Wald, or any successors and assigns, fail to remove said encroachment
upon termination of this agreement Wald, or any successors and assigns, authorize
the City of Waterloo to remove said encroachment and assess costs for removal to
Wald property.
4. Wald, and all successors and assigns, shall protect, defend, indemnify, and hold
harmless the City and its successors and assigns, and its officers, elected officials, c=
employees, and agents from any claim, damages, liability and expenses (including, Vi
but not limited to, reasonable attorneys fees and costs of litigation) arising out of the
use or maintenance of right-of-way, including any damage to said encroachment.
This covenant shall survive the termination of this Agreement.
5. Wald, and all successors and assigns, ree to provi adequate insurance for the
protection of the City property. Su insurance sha ame the City as an additional
insured.
--=-�
ichard A. ald
l/iy.,:
e,
arjorie T ald
City of Waterloo
By: Timothy ley
Its: Mayor
Attest:
gij
Nancy Ecke ity Clerk
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
On this day of August, 2007, before me, the undersigned, a Notary Public in and for the
State of Iowa,personally appeared Richard A. Wald and Marjorie T Wald 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.
C) ---------
Notary Public GI. `�7
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this gelday of August, 2007, by Timothy J.
Hurley and Nancy Eckert as Mayor and City Clerk, respect' ly of the ity o Waterloo.
Not Public Vitt