HomeMy WebLinkAboutKrickovic, Nikola-Encroachment Agreement-12.08.2008 ENCROACHMENT AGREEMENT
Prepared by: David Zellhoefer, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4327
THIS ENCROACHMENT AGREEMENT is entered into by and between Nik a Krickovic,
hereinafter"Krickovic", and the City of Waterloo, Iowa, hereinafter"City" this day of
Oecerhi-e( 2008.
WHEREAS, Krickovic is the owner of real estate commonly known as 728 Commercial Street,
Waterloo, Iowa 50703 and legally described as: The Southeasterly 51.5 feet of Lot 1, Block 9, of the
Original Plat of Waterloo West, all in the City of Waterloo, Black Hawk County, Iowa, hereinafter
"Krickovic property"; and
WHEREAS, there is City owned right-of-way adjacent to the southwesterly line of Krickovic
property, which is dedicated as public alley, hereinafter"alley"; and
WHEREAS, Krickovic has an existing emergency exit door that, when opened, encroaches into the
alley and is requesting to maintain said encroachment on and over a portion of said alley, with the
encroachment area more particularly described as: The Northeasterly three (3) feet of the Northwesterly
seven(7) feet of the Southeasterly thirty seven(37)feet of the twenty(20) foot wide public alley in
Block 9 of the Original Plat of Waterloo West, City of Waterloo, Black Hawk County, Iowa; and
WHEREAS, the City is willing to allow said door 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. Affirmation. Krickovic hereby recognizes and reaffirms, said alley.
2. Grants. The City grants Krickovic, and all successors or assigns the right to maintain said
encroachment into 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 street, expressly recognizing and acknowledging that any damage that occurs to said
encroachment will be the sole risk and expense of Krickovic 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 encroachment to be temporarily removed for
access to said alley, Krickovic and all successors or assigns shall remove said encroachment 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 encroachment and access any costs for removal
against Krickovic and all successors or assigns, or against Krickovic 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 encroachment.
3. Term of Agreement. The term of this agreement shall be for so long as said encroachment is
maintained by Krickovic, 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 Krickovic, or any successors or assigns, and that Krickovic, 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 Krickovic, or any successors or assigns, fail to remove
said encroachment upon termination of this agreement Kirckovic, and any successors or
assigns, authorize the City of Waterloo to remove said encroachment and assess costs for
removal against Kirckovic and all successors or assigns, or against Kirckovic property.
4. Indemnification. Kirckovic, 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 alley or said
encroachment, including any damage to said encroachment. This covenant shall survive the
termination of this Agreement.
lV( ki 06 9 — f-f/e l c iro(/l C'
Nikola Kirckovic
City of Waterloo
By: Timothy J. y
Its: Mayor
Attest:
Nancy ck ity Clerk
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
On this ,;) day of, ,i2-,v4i4.t c 2008, before me,the undersigned, a Notary Public in and for the
State of Iowa,personally appeared Nikola Kirckovic to me known to be the identical person(s)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.
This instrument was acknowledged before me on this day of_ y&A, 2008, by Timothy
J. Hurley and Nancy Eckert as Mayor and City Clerk, resp 'vel , of the Ci of Wa rloo.
. /01,4,0
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