HomeMy WebLinkAboutBrackin, Myrtle-Encroachment Agreement-11.13.2007 //.i3- u--)
ENCROACHMENT AGREEMENT
Prepared by: David Zellhoefer, 715 Mulberry Street, Waterloo, Iowa 80703 (319) 291-4327
THIS ENCROACHMENT AGREEMENT is entered into by and between Myrtle Brackin,
hereinafter"Brackin", and the City of Waterloo, Iowa, hereinafter"City"this (() day of November
2007.
WHEREAS, Brackin is the owner of real estate commonly known as 340 Lamont Street, Waterloo,
Iowa 50703 and legally described as Cole's Court Lot 8, Block 1, in the City of Waterloo, Black Hawk
County, Iowa, hereinafter`Brackin property"; and
WHEREAS, there is City owned street right-of-way adjacent to the south line of Brackin property,
which is dedicated as a public alley, hereinafter"alley"; and
WHEREAS, Brackin has an existing gravel driveway that encroaches into the alley and is
requesting to pave said driveway on and over a portion of said alley, with the encroachment area more
particularly described as: The North 8 feet of the public alley as platted in Block 1 of Cole's Court lying
Easterly of a Southerly extension of the West line of Lot 8 of said Block 1 of Cole's Court and
Westerly of a Southerly extension of the East line of Lot 8 of said Block 1 of Cole's Court, except the
Easterly 27 feet thereof, all in the City of Waterloo, Black Hawk County, Iowa; and
WHEREAS, the City is willing to allow said driveway to encroach into said alley as described
above, subject to the following agreement regarding each party's rights.
THEREFORE IT IS HEREBY AGREED by and between the parties as follows:
1. Brackin hereby recognizes and reaffirms, said alley.
2. The City grants Brackin the right to place and maintain said driveway on and over said alley
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 over, under and upon said alley, expressly
recognizing and acknowledging that any damage that occurs to said driveway will be the sole
risk and expense of Brackin and all successors or assigns, including repair or removal
expenses. In the event that the City and/or any agency to which the City has granted a utility
franchise needs said driveway to be temporarily removed for access to said alley, Brackin
and all successors or assigns shall remove move said driveway 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 remove said driveway and access any costs for removal against the owner or
property. The City and/or any agency to which the City has granted a utility franchise shall
not be responsible or liable for replacement of said driveway.
3. The term of this agreement shall be for so long as said encroachment is maintained by
Brackin, 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 as noted above). 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 permanently remove to
Brackin, or any successors and assigns, and that Brackin, 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 Brackin, or any successors and assigns, fail to remove said encroachment
upon termination of this agreement Brackin, or any successors and assigns, authorize the City
of Waterloo to remove said encroachment and assess costs for removal to Brackin property.
4. Brackin, 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 attorneys fees and
costs of litigation) arising out of the use or maintenance of said alley, including any damage
to said encroachment. This covenant shall survive the termination of this Agreement.
5. Brackin, and all successors and assigns, agree to provide adequate insurance for the
protection of the City. Such insurance shall name the City as an additional insured.
g/Patr4641.9'
Myrtle rackin
City of Waterloo
By: Timothy J. rley
Its: Mayor _
Attest:
Nancy Ec , City Clerk
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
On this (Q day of November, 2007, before me, the undersigned, a Notary Public in and for the
State of Iowa, personally appeared Myrtle Brackin to me known to be the identical person named herein
and who executed the foregoing instrument and acknowledged that she executed the same as her
voluntary act and deed.
Notary Public
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this day of November, 2007, by Timothy J.
Hurley and Nancy Eckert as Mayor and City Clerk, respectively of the City of aterloo.
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