HomeMy WebLinkAboutTurner, Cora J. and Ronald E.-Encroachment Agreement-04.07.2008 k� �h-fly, a ��
ENCROACHMENT AGREEMENT
Prepared by: David Zellhoefer, 715 Mulberry Street, Waterloo, Iowa 80703 (319)291-4327
THIS ENCROACHMENT AGREEMENT is entered into by and between Cora J Turrrr and Ronald
E Turner, hereinafter"Turner", and the City of Waterloo, Iowa, hereinafter"City"this 7 day of
fie r ' I 2008.
WHEREAS, Turner is the owner of real estate commonly known as 616 Newell Street, Waterloo,
Iowa 50703 and legally described as: Rose Hill Replat, Lots 1-3, Block 1 and the East 10 feet of that
portion of the 20 foot alley lying North of the South line of Lot 1 Block 1 extended Westerly and South
of the North line of Lot 1 Block 1 extended Westerly, all in the City of Waterloo, Black Hawk County,
Iowa, hereinafter"Turner property"; and
WHEREAS, there is City owned street right-of-way adjacent to the north line of Turner property,
which is dedicated as public Newell Street,hereinafter"street"; and
WHEREAS, Turner has an existing fence that encroaches into the street and is requesting to
maintain said fence on and over a portion of said street, with said fence consisting of two sections of
four foot tall split rail vinyl fence,with the encroachment area more particularly described as: The
Easterly 8 feet of the Westerly 18 feet and the Easterly 2 feet of the following described area: the
Southerly 7 feet of Newell Street lying Westerly of an extension Northerly of the East line of Lot 3,
Block 1, Rose Hill Replat, and lying Easterly of an extension Northerly of the East line of Lot 1, Block
4, Peek's Addition; all in the City of Waterloo, Black Hawk County, Iowa; and
WHEREAS, the City is willing to allow said fence to encroach into said street 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. Turner hereby recognizes and reaffirms, said street.
2. The City grants Turner, and all successors or assigns the right to maintain said fence on and
over said street 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 street,
expressly recognizing and acknowledging that any damage that occurs to said fence will be the
sole risk and expense of Turner 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 fence to be temporarily removed for access to said street, Turner and all
successors or assigns shall remove said fence if present and able, otherwise the City and/or any
agency to which the City has granted a utility franchise shall be authorized to remove said
fence and access any costs for removal against Turner and all successors or assigns, or against
Turner property. The City and/or any agency to which the City has granted a utility franchise
shall not be responsible or liable for damage or replacement of said fence.
3. The term of this agreement shall be for so long as said encroachment is maintained by Turner,
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 Turner, or any
successors or assigns, and that Turner, or any successors or assigns, agree to remove said
encroachment prior to the end of the 60 days notice and termination of this agreement. If
Turner, or any successors or assigns, fail to remove said encroachment upon termination of this
agreement Turner, and any successors or assigns, authorize the City of Waterloo to remove
said encroachment and assess costs for removal against Turner and all successors or assigns,or
against Turner property.
4. Turner, and all successors or assigns, shall protect, defend, indemnify, and hold harmless the
City and its successors or 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 street or said encroachment, including any
damage to said encroachment. This covenant shall survive the termination of this Agreement.
5. Turner, and all successors or assigns, agree to provide adequate insurance for the protection of
the City. Such insurance shall name the City as an additional insured.
1 /2/1-'521--)
ora J Turn
tQC314-04,- (?e-1
Ronald E Turner
City of Waterloo
By Timothy J rley
Its: Mayor
Attest:
}4°-cL-1(4—
Nanc ckert, 'ty Clerk
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
On this i 7 day oft " , 2008, before me, the undersigned, a Notary Public in and for the
State of Iowa,personally a eared Cora J Turner and Ronald E Turner to me known to be the identical
person named herein and who executed the foregoing instrument and acknowledged that they executed
the same as their voluntary act and deed.
otary Public
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this 'M day of rrt, , 2008,by Timothy
J. Hurley and Nancy Eckert as Mayor and City Clerk, respe 've , of theCity o Waterloo.
of ry Public � 4�"
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