HomeMy WebLinkAboutReynolds, David C.-Encroachment Agreement-08.18.2008 ai",„„) c, 6 r
ieto -rho d"Fe
- 7�
ENCROACHMENT AGREEMENT
Prepared by: David Zellhoefer, 715 Mulberry Street, Waterloo, Iowa 80703 (319) 291-4327
THIS ENCROACHMENT AGREEMENT is entered into by and between David C. Reynolds,
hereinafter"Reynolds", and the City of Waterloo, Iowa,hereinafter"City" this / day of August
2008.
WHEREAS, Reynolds is the owners of real estate commonly known as 526 Glencoe Avenue,
Waterloo, Iowa 50701 and legally described as South Hills, Second Addition, Lot 6, in the City of
Waterloo, Black Hawk County, Iowa, hereinafter"Reynolds property"; and
WHEREAS, there is an easement over the northerly eight(8) feet of Reynolds property,
hereinafter"easement" granted to the City, as well as those agencies which the City granted
franchises to for the provision of utilities; and
WHEREAS, Reynolds is requesting to place an accessory building consisting of a twenty(20) foot
by twenty(20) foot garage, hereinafter"garage", as well as allowing an existing ten (10) foot by ten
(10) foot shed, hereinafter"shed", on and over a portion of said easement as shown on the attached
Exhibit"A"; and
WHEREAS, the City is willing to allow said garage and shed to encroach into said easement as
shown 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. Reynolds hereby recognizes and reaffirms, said easement.
2. The City grants Reynolds the right to place and maintain said garage and shed on and
over said easement as shown 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 building will be the sole risk and expense of Reynolds and
all successors or assigns, including moving or replacement expenses. In the event that
the City and/or any agency to which the City has granted a utility franchise needs said
garage and shed to be temporarily moved for access to said easement, Reynolds and all
successors or assigns shall move said garage and/or shed 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 move said garage and/or shed and assess any costs for moving
against the owner or property.
3. The term of this agreement shall be for so long as said encroachment is maintained by
Reynolds, 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 permanently remove to Reynolds, or any
successors and assigns, and that Reynolds, and any successors and assigns, agree to
remove said encroachment(s)prior to the end of the 60 days notice and termination of
this agreement. If Reynolds, or any successors and assigns, fail to remove said
encroachment upon termination of this agreement, Reynolds, or any successors and
assigns, authorize the City of Waterloo to remove said encroachment and assess costs
for removal to Reynolds property.
4. Reynolds, 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 easement, including any damage to said encroachment(s). This
covenant shall survive the termination of thi Agreement
David C. ynolds
City of Waterlo
By: Timot J. urley
Its: Mayor
Attest:
Nancy Ecke City Clerk
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
On this(Z,-,.4 day of August, 2008, before me, the undersigned, a Notary Public in and for the
State of Iowa, personally appeared David C. Reynolds 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 volunta act and deed.
TIM AKIRA
2 1 Conxnission NO 738$28
* My Commission Expires
Notary Public
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this Jay of August, 2008, by Timothy J.
Hurley and Nancy Eckert as Mayor and City Clerk, respectively of the Ci y of Waterloo.
of ry Public 31,490