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HomeMy WebLinkAboutClubhouse Iowa, LLC-Encroachment Agreement-12.17.2007 C92pAr-ci 1;-/2-1)7 c)0b7- /0(17 Prepared by: David Zellhoefer, 715 Mulberry Street, Waterloo, IA 50703 (319) 291-4327 ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT is entered into by and between Clubhouse Iowa IC, hereinafter "Company", and the City of Waterloo, Iowa, hereinafter "City", this /7 day of December, 2007. WHEREAS, Company is the owner of real estate commonly described as 2010 Sears Street, Waterloo, Iowa, and more particularly described as: A parcel of land located in the East 1/2 of Section 2-88-13, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the intersection of the Southeasterly right-of-way line of E San Marnan Drive and the Southwesterly right-of-way line of Sears Street; thence South 41 °24' East along the Southwesterly right-of-way line of Sears Street a distance of 194.51 feet; thence Southerly along a curve concave Westerly having a radius of 20.00 feet a distance of 31.42 feet to the Northwesterly right-of-way line of Crossroads Boulevard; thence South 48°36' West along the Northwesterly right-of-way line of Crossroads Boulevard a distance of 220.00 feet; thence North 41 °24 West a distance of 250.00 feet; thence North 48'36' East a distance of 240.00 feet; thence South 41 °24' East a distance of 35.49 feet to the point of beginning, hereinafter "Company Property". WHEREAS, Company Property is abutted on the south by Crossroads Boulevard, hereinafter "City owned street right-of-way". WHEREAS, Company's newly constructed light poles were constructed and currently encroach on City owned street right-of-way as shown and described on attached Exhibit "A". WHEREAS, Company did not intentionally construct items on said right-of-way but have few other options for placement due to extensive utilities in this area and the City is willing to allow said light poles to encroach into said City owned street right-of-way as shown and described on attached Exhibit "A", subject to the following agreement regarding each party's rights. THEREFORE IT IS HEREBY AGREED by and between the parties as follows: 1. Affirmation. Company herby recognizes and reaffirms said City owned street right-of-way. 2. Grants. The City grants Company the right to place and maintain said light poles over said City owned street right-of-way as shown and described on attached Exhibit "A", 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 City owned street right-of- way, expressly recognizing and acknowledging that any damage that occurs to said light poles will be the sole risk and expense of Company and all successors or assigns, including repair or removal expenses. 3. Indemnification. Company, 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 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 City owned street right-of-way, including any damage to said encroachments. This covenant shall survive the termination of this Agreement. 4. Term of Agreement. The term of this Agreement shall be for so long as said encroachments are maintained by Company, or any successors or assigns, and said encroachments continues to exist, and that this agreement shall automatically terminate if said encroachments are removed. It is understood and agreed that this agreement may be terminated by the City of Waterloo upon 60 days notice and order to remove to Company, or any successors and assigns, and that Company, or any successors and assigns, agree to remove said encroachments prior to the end of the 60 days notice and termination of this agreement. If Company, or any successors and assigns, fail to remove said encroachments upon termination of this agreement Company, or any successors and assigns, authorize the City of Waterloo to remove said encroachments and assess costs for removal to Company property. 5. Insurance. Company, and all successors and assigns, agree to provide adequate insurance for the protection of the City owned street right-of-way. Such insurance shall name the City as an additional insured. Clubhouse Iowa L C BY: 161rr - ec Its: be,-- City of f Waterloo, low Tim Hurley, Mayor ATTEST: ( Cd,2-, -- Nan . Ecke City Clerk STATE OF :)6( rici (i COUNTY OF i; arjaliPU vg yv K ) ss. 64,11(,)0 This instrument was acknowledged before me on this ia ri day of 2007, b '1.4 as qe-y7rey-tOrK of Clubhouse Iowa LLC ' kFQ Notary Public STATE OF IOWA ) COUNTY OF BLACK HAWK ) ss. This instrument was acknowledged before me on this irltay of 2007, by Timothy J. Hurley and Nancy Eckert, as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notfy Public Vi4t Ekmtbi`+ 'A' mpg SCHENK ENGINEERING COMPANY, 216 BROOKERIDGE DR., WATERLOO, IA 50702 319-232-7480 23 ENCROACHMENT PLAT PART OF E 1 /2, SEC. 2-88--13 WATERLOO, BLACK HAWK COUNTY, IOWA NOV. , 2007 .3,O ENLARGED SIGN BASE ENCROACHMENT O C,b, 20 P.O.B./ ,r vr. r's�v_ 0 F v, 00 00 4- /1" 4 SIGN BASE ENCROACHMENT vj. ,DO P.O.B. �poo A�32oo ,\ 39 V ,O S0/,\,`'4. vj.5 - f)• SQ 0 0.� 4\.L/p0,,x4 19 c'77 kl 1 F S O'SSS/‘ \P<c Ysl oo>ccp< /' 50/4"10 Ay,.c�'- /`�pQ LIGHT BASE #1 \ LIGHT BASE #2 J' LIGHT BASE # vf Aso O moo. O �O� a2,,ZO' KC 0 50 100 \-4 �0 I 1 inch = 100 ft. ADVANCE AUTO ASBUILT 11-15-07 FOR LEGAL DESCRIPTIONS ENLARGED LIGHT BASE ENCROACHMENT J' ,Oc vj, P0 �`' �.2b d FOR ADVANCE AUTO co co o v °o. oo P,C,$. Ng) �5 ,� SCHENK 0c. , c., _ �� .3b, ENGINEERING a �h2��, ' 1 / 5 �02. COMPANY 20, , WATERLOO, I❑WA Ix\ ti. 319-232-7480 .X h • if A ‘‘ role- 24 Sheet 2 of 3 Encroachment Description — Sign A parcel of land located in the E 1/2 of Section 2-88-13, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the intersection of the Southeasterly R-O-W line of E. San Marnan Drive and the Southwesterly R-O-W line of Sears Street; thence N 41°24'00" W along the Southwesterly R-O-W line of Sears Street a distance of 35.49 feet to the point of beginning; thence N 48°36'00" E a distance of 2.00 feet; thence S 41°24'00" E a distance of 25.00 feet; thence S 48°36'00" W a distance of 2.00 feet to said Southwesterly R-O-W line; thence N 41°24'00" W along said Southwesterly R-O-W line a distance of 25.00 feet to the point of beginning. The Southwesterly R-O-W line of Sears Street is assumed to bear N 41°24'00" W. Encroachment Description — Light Base 1 A parcel of land located in the E 1/2 of Section 2-88-13, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the intersection of the Southeasterly R-O-W line of E. San Marnan Drive and the Southwesterly R-O-W line of Sears Street; thence N 41°24'00" E along the Southwesterly R-O-W line of Sears Street a distance of 35.49 feet; thence S 48°36'00" W a distance of 240.00 feet; thence S 41°24'00" E a distance of 250.00 feet to the Northwesterly R-O-W line of Crossroads Boulevard; thence N 48°36'00" E along said Northwesterly R-O-W line a distance of 16.31 feet to the point of beginning; thence N 48°36'00" E along said Northwesterly R-O-W line a distance of 2.40 feet; thence S 41°24'00" E a distance of 1.50 feet; thence S 48°36'00" W a distance of 2.40 feet; thence N 41°24'00" W a distance of 1.50 feet to the point of beginning. The Southwesterly R-O-W line of Sears Street is assumed to bear N 41'24'00" W. t - K � � 'IA" Pc5 25 Sheet 3 of 3 Encroachment Description — Light Base 2 A parcel of land located in the E 1/2 of Section 2-88-13, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the intersection of the Southeasterly R-O-W line of E. San Marnan Drive and the Southwesterly R-O-W line of Sears Street; thence N 41°24'00" E along the Southwesterly E:-O-W line of Sears Street a distance of 35.49 feet; thence S 48°36'00" W a distance of 240.00 feet; thence S 41°24'00" E a distance of 250.00 feet to the Northwesterly R-O-W line of Crossroads Boulevard; thence N 48°36'00" E along said Northwesterly R-O-W line a distance of 76.28 feet to the point of beginning; thence N 48°36'00" E along said Northwesterly R-O-W line a distance of 2.40 feet; thence S 41°24'00" E a distance of 1.50 feet; thence S 48°36'00" W a distance of 2.40 feet; thence N 41°24'00" W a distance of 1.50 feet to the point of beginning. The Southwesterly R-O-W line of Sears Street is assumed to bear N 41°24'00" W. Encroachment Description — Light Base 3 A parcel of land located in the E 1/2 of Section 2-88-13. Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the intersection of the Southeasterly R-O-W line of E. San Marnan Drive and the Southwesterly R-O-W line of Sears Street; thence N 41°24'00" E along the Southwesterly R-O-W line of Sears Street a distance of 35.49 feet; thence S 48°36'00" W a distance of 240.00 feet; thence S 41°24'00" E a distance of 250.00 feet to the Northwesterly R-O-W line of Crossroads Boulevard; thence N 48°36'00" E along said Northwesterly R-O-W line a distance of 152.79 feet to the point of beginning; thence N 48°36'00" E along said Northwesterly R-O-W line a distance of 2.40 feet; thence S 41°24'00" E a distance of 1.50 feet; thence S 48°36'00" W a distance of 2.40 feet; thence N 41°24'00" W a distance of 1.50 feet to the point of beginning. The Southwesterly R-O-W line of Sears Street is assumed to bear N 41°24'00" W. 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'se S �.r € F•S"Fg. 7 ,3a§$ $F ` , $_ A" F bY 9 F3 F ; , b1 7 ,, ` 'i•@1 , F°1R 11a:P1 k i gt re, 6 5 1 till egg .g 2 Bh ^ rib t' ; eR C ° 8°4 A o Y C G^ 3 €'3 x�� 'E:b IP A ° _ y 1 I";sew i8 I; i qi cpa LtL 1�y5 R@ i A4o N111;$°n 0 iliii$m d gilt$ i�{D ". J. wA y a-a �1rr :a3t� �' 2 'p 4`^* 't= �`` it- s i I, 1 CQ , _' 4I` _l .i , i 'gi o1 -9� C ffl 4a t Fp!7 bzR;=� SSCS c j, p �'' 91 Hi p i, IIr--X i N 11 I I a... ,� '_ : b rn II 11 I IX. 1ce. I 1 I i 13 t ! i r R ; ;.., „,, — I Q I g R 1►e s =- fKlia`-«n,• H "„IAA't ...) ,y� - 4—=b SEARS STREET r sa.sau..,/ma:cm w,-iuw ama. inN1. 4\ f. s o e PROPOSED NEW BUILDING FOR: ^g 0 s I COMMERCIAL COMMERCIAL HORIZONS ,�z s .s D HORIZONS_� €f . ® � nromce i croup Inc. ADVANCE AUTO - OPEN RETAIL lifit `" _ i �.W '..,..J WATERLOO, IOWA fir. — u 27 2010 Sears Street — Encroachment Agreement i / ,F , sz<,Q'S'S t 4, „ V :NIX ,, `' )ITION ;; oo I a. �a1 .. ; oQ0 \y°j !)J GQ`G 'h S ,4" v, °s' yw/ .a @°/, • J' bt. CC ! \tt ' 66 t r } / I ,....Ctr 38 28 2010 Sears Street — Clubhouse Iowa LLC Encroachment Agreement uAsa P �- Ri Ii' _ a Looking at the recently constructed Standing at the intersection of San Marnan building at 2010 Sears Street, including an Drive and Sears Street looking south at the Advanced Auto Parts and Sprint store. pole sign encroaching 2' into Sears Street. •i x "' 11491. tHGFi_ Looking at the sign encroaching 2' into Standing at the intersection of Sears Sears Street. Street and Crossroads Boulevard looking at the three light poles encroaching 1.5 feet into Crossroads Boulevard. 29 2010 Sears Street — Clubhouse Iowa LLC Encroachment Agreement Looking south across Crossroads Looking east across Sears Street at Boulevard at Crossroads Community IHOP. Mall. Looking west at Pizza Hut. Looking north across San Marnan Drive at Super Target and other commercial development.