HomeMy WebLinkAboutBudke Properties, LC-Encroachment Agreement-06.23.2008 Prepared by: David Zellhoefer, 715 Mulberry Street, Waterloo, IA 50703 (319) 291-4327
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT is entered into by and between Budke Nperties
LC, hereinafter"Company", and the City of Waterloo, Iowa, hereinafter"City", this ,P 3 day of
June, 2008.
WHEREAS, Company is the owner of real estate commonly described as 3533 West Airline
Highway, Waterloo, Iowa, and more particularly described as: Unplatted Waterloo East, the East 300
feet of the Northeast '/4 of the Northwest '/4 except highway, and also the West 160 feet of the South
412 feet of the North 512 feet of the Northwest 'A of the Northeast 1/4, and also the West 320 feet of
the South 790 feet of the North 1,302 feet of the Northwest '/4 of the Northeast Quarter, Section 8,
Township 89 North, Range 12 West of the 5th Principal Meridian, all in the City of Waterloo, Black
Hawk County, Iowa, hereinafter"Company Property".
WHEREAS, Company Property is abutted on the north by a portion of vacated West Airline
Highway that was conveyed by the City to the Company with the retention of a utility easement as
shown and described on attached Exhibit"A", hereinafter"easement".
WHEREAS, Company's proposed monument sign and existing flag pole encroach on said
easement as shown and described on attached Exhibit"A".
WHEREAS, Company did not intentionally construct items on said easement and the City is
willing to allow said monument sign and flag pole to encroach into said easement as shown and
described on attached Exhibit "A", subject to the following agreement regarding each parry's rights.
THEREFORE IT IS HEREBY AGREED by and between the parties as follows:
1. Affirmation. Company herby recognizes and reaffirms said easement.
2. Grants. The City grants Company the right to place and maintain said monument sign and
flag pole in said easement 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 easement, expressly recognizing and acknowledging that any damage that
occurs to said monument sign and flag pole 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
easement, 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.
Budke Properties LC
By:
Its:
City of Waterloo, Iowa
Tim Hurley, May r
ATTEST:
Nancy Ec e , City Clerk
STATE OF )
COUNTY OF BLACK HAWK ) ss.
On this day of , 2008, before me, the undersigned, a Notary
Public in and for the State of ,personally appeared as
of Budke Properties LC 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.
Notary Public
STATE OF IOWA )
COUNTY OF BLACK HAWK ) ss.
rd
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This instrument was acknowledged before me on this day of J , 2008, by
Timothy J. Hurley and Nancy Eckert, as Mayor and City Clerk,respectiv of the City of
Waterloo, Iowa.
Notary Public
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EKf1Ii31T "A4 "
Jeffrey P.Helland,1107 Technology Parkway,Cedar Falls,Iowa 50613-6951,(319)-266-0161
te N 1/4 CORNER WEST AIRLINE HIGHWAY THIS PLAT OR SUBDIVISION HAS BEEN REVIEWED BY
SEC.B-T89N-R13W 180°00' (CITY/COUNTY).
FOUND NO.4 REBAR IN P.C.C.PAVEMENT (180°00'
PER 344 MISC.129 P o C SIGNATURE OF(CITY/COUNTY) DATE
(N90°00`00'E 300.002§ ORDINANCE ADMINISTRATOR
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DUE EAST 300.0' liwzromplansf,--;,,,!..:-;;,,....,.::...-...:-:.-. DUE EAST 2663.05' -- A
/ ir
m S 00°04'/a'E 33.0' , (2662.96)0
r _• _ _ _ _ _ _ _ �'\ DUE EAST 160 6' ' (2663.0),(2662.90)
DUE EAST 300.0' ---' (N 88°56'19" 2633.03)p
89°553h. N 00°04'/a'W 67.0'- ..4 - SEE DETAIL"A"(ASSUMED BEARING)
(89 55'37"")§ P.0.8. (310.0')
�� i (N8856'19"E 310.08)p
PARCEL E' S 89°58%i E 310.1'
FOUND NO.4 REBAR 10,765 SQ.FT. •. - - • ��-7
w/YPC#8033 DUE WEST 160.7' ; .L T
(0.2'NORTH&0.6'EAST OF R.O.W.CORNER) i / S 00°10r E 67.0'
FOUND 1"0
HEXAGON IRON PIN
DUE EAST 160.6' ---_ • RONND PINCHED ( NE CORNER
r PIPE--- SEC.8-T89N-R13W
^I I--1.5' 1.3'x12'P.C.C. 8.8' - : �. P.C.C.PAVEMENT FOUND NO.4 REBAR
11
SIGN FOUNDATION ACCESS TO/FROM IN P.C.C.PAVEMENT
(w/2.3 x13'±FOOTING) SUBJECT
PROPERTY&ADJOINER'S PER 344 MISC.129
b o
---I I-•-1.65' MANHOLE COVER w N o
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FLA 58.9' o
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POLE 2 8' o 0 o PLAT OFSURVEY
FEE BK#200617726
N o DATED 8/19/2005
m zo
8.7' WARRANTY DEED
o- FEE BK#2006018040
DUE WEST 160.7' DETAIL"A"(NOT TO SCALE) -.•.',
DATED 12/21/2005
LEGEND NE 1/4 NW 1/4 NW NW 1/4 NE 1/4
(0.0)p PER PLAT OF SURVEY DATED 8/19/2005 IN FEE BK#200617726 i [8913-08 201-001J 18913-08 201-002]
' -EAST LINE OF
(0.0'M PER IDOT CORNER STONE SURVEY BY ROBERT R.BURNS DATED 9/24/1980 \\ WEST 160'NE 1/4
(0.0)§ PER PLAT OF SURVEY DATED 1/12/1995 IN 314 MISC.543
(000) AUDITOR'S PARCEL ID#
(8913-08-126-002] SEC. 8-T89N-R 13W
(300.0) WATERLOO
0.0' WEST LINE OF NE 1/4
aR CS) o
r Ri I SEE ATTACHED EXHIBIT"A"(SHEET 2)FOR DESCRIPTION
3 PARCEL"E" PARCEL LETTER APPROVED BY COUNTY AUDITOR'S OFFICE
N PROPRIETOR: CITY OF WATERLOO a
o a \`�` SURVEY REQUESTED BY: PAT BUDKE
0 0 4C DATE OF SURVEY: 5/22/2008
Z FIELD BK 180 PG 43
1
z NLY R.O.W.LINE
1 ® OF U.S.HIGHWAY#218
LOCATION MAP
FOUND NO.4 REBAR (BEARINGS ARE ASSUMED)
w/YPC#8033 U.S.HIGHWAY#218
THIS SURVEY MEETS/OR EXCEEDS CURRENT"MINIMUM STANDARDS FOR PROPERTY SURVEYS" 0' 50' 100' 200'
HELLAND ENGINEERING&SURVEYING,LTD. • SET NO.4 REBAR X 24"LONG W/ORANGE PLASTIC CAP#16264
1107 Technology Parkway (00')RECORDED AS FILE NAME: 08-193.DWG
Cedar
(3 9)-266-0161 Iowa 50613-6951 SHEET 1 OF 2 OPC PLASTIC CAP(0=ORANGE,R=RED,Y=YELLOW)
3
I hereby certify that this land surveying document was prepared
-�'',1 A ND '"',; and the related survey work was performed byme or under my PLAT OF SURVEY
=c,� s09',, direct personal supervision and that I am a dly licensed Land OF
4. .. : S eyor under the laws of the ate of Iowa. PART OF NW 1/4 NE 1/4
JHELLAY P. <' ��4/ar4
EFFREYD a o SEC.8-T89N-R13W
16264 ; Licenser Nu er16264 WATERLOO,BLACK HAWK COUNTY,IOWA
''•;,, °•••....••-^ MY license renewal date is December 31,2009. FOR
t o W A „- Ali pages or sheets are covered by this seal except: BUDKE PROPERTIES,L.C. 1
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EXHIBIT "A'
THIS PLAT REPRESENTS A SURVEY OF PARCEL "E"
That part of the Northwest Quarter of the Northeast Quarter (NW 1/4 NE 1/4) of Section No. 8, Township No.
89 North, Range No. 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa,
described as follows:
Commencing at the Northwest corner of said Northwest Quarter of the Northeast Quarter, point being
a found 1/2" rebar in P.C.C. pavement;
thence along the West line of said Northwest Quarter of the Northeast Quarter South 00°041/4' East a
distance of 33.0 feet to a set 1/2" rebar with license #16264, being the point of beginning;
thence parallel with the North line of said Northwest Quarter of the Northeast Quarter Due East a
distance of 160.6 feet to the East line of the West 160 feet of said Northwest Quarter of the Northeast Quarter
per Plat of Survey dated 8/19/2005 and recorded in Fee Book #2006 17726 in the Office of the Black Hawk
County Recorder, point being a set 1/2" rebar with license #16264;
thence along said East line South 00°101/2' East a distance of 67.0 feet to the existing Southerly right-
of-way line of West Airline Highway, point being a found 1"o.d. iron pinched pipe;
thence along said existing Southerly right-of-way line Due West a distance of 160.7 feet to the West
line of said Northwest Quarter of the Northeast Quarter, point being a set 1/2" rebar with license #16264;
thence along said West line North 00°041/4'West a distance of 67.0 feet to the point of beginning.
Containing 10,765 sq. ft. including 10,765 sq. ft. of right-of-way.
Subject to easements, restrictions, covenants, ordinances and limited access provisions of record and not of
record.
Note: The North line of said Northwest Quarter of the Northeast Quarter is assumed to bear Due East for this
description.
SHEET 2 OF 2
EXHIBIT "A'
DESCRIPTION OF SIGN AREA
That part of the Northwest Quarter of the Northeast Quarter (NW 1/4 NE 1/4) of Section No. 8, Township No. 89
North, Range No. 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described
as follows:
Commencing at the Northwest corner of said Northwest Quarter of the Northeast Quarter, point being a
found 1/2" rebar in P.C.C. pavement;
thence along the West line of said Northwest Quarter of the Northeast Quarter South 00°041/4' East a
distance of 33.0 feet to a set 1/2" rebar with license #16264;
thence parallel with the North line of said Northwest Quarter of the Northeast Quarter Due East a distance
of 73.75 feet;
thence Due South a distance of 11.5 feet to the being the point of beginning;
thence continuing Due South a distance of 16 feet;
thence Due West a distance of 5 feet;
thence Due North a distance of 16 feet;
thence Due East a distance of 5 feet to the point of beginning.
Containing 80 sq. ft.
Note: The North line of said Northwest Quarter of the Northeast Quarter is assumed to bear Due East for this
description.
DESCRIPTION OF FLAG POLE AREA
That part of the Northwest Quarter of the Northeast Quarter (NW 1/4 NE 1/4) of Section No. 8, Township No. 89
North, Range No. 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described
as follows:
Commencing at the Northwest corner of said Northwest Quarter of the Northeast Quarter, point being a
found 1/2" rebar in P.C.C. pavement;
thence along the West line of said Northwest Quarter of the Northeast Quarter South 00°041/4' East a
distance of 33.0 feet to a set 1/2" rebar with license #16264;
thence parallel with the North line of said Northwest Quarter of the Northeast Quarter Due East a distance
of 76.35 feet;
thence Due South a distance of 38.1 feet to the being the point of beginning;
thence continuing Due South a distance of 12 feet;
thence Due West a distance of 12 feet;
thence Due North a distance of 12 feet;
thence Due East a distance of 12 feet to the point of beginning.
Containing 144 sq. ft.
Note: The North line of said Northwest Quarter of the Northeast Quarter is assumed to bear Due East for this
description.
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