HomeMy WebLinkAboutMidtown Development, LLC-Encroachment Agreement-04.23.2007 �oo0 3a�
ENCROACHMENT AGREEMENT
Prepared by: David Zellhoefer, 715 Mulberry Street, Waterloo, Iowa 80703 (319)291-4327
THIS EASEMENT AGREEMENT is entered into by and between Midtown Development
LLC, and the City of Waterloo, Iowa this/(day of Apri( 2007
WHEREAS, Verner D. and Donna L.Nelson are the owners of real estate commonly
known as 501 Sycamore Street, Waterloo, Iowa 50701 and legally described as
ORIGINAL PLAT WATERLOO EAST LOT 7 BLOCK 13 EXCEPT NORTHEASTERLY 5 FEET
SOUTHWEST 38 FEET LOT 8 BLOCK 13 LOT 9 BLOCK 13 LOT 10 BLOCK 13, CITY OF WATERLOO,
BLACK HAWK COUNTY, IOWA.
WHEREAS,there is city owned street right-of-way adjacent to the northwesterly line of Real
Estate known as Park Avenue,which was dedicated as a public street("right-of-way").
WHEREAS, Midtown Development LLC is requesting to place balconies over a 6' 3" portion of
said right of way, more particularly described as above in the City of Waterloo, Black Hawk County,
Iowa.
WHEREAS,the City is willing to allow said balconies in said right-of-way, subject to the
following agreement regarding each party's rights.
THEREFORE IT IS HEREBY AGREED by and between the parties as follows:
1. Midtown Development LLC hereby recognizes and reaffirms, said right-of-way.
2. The City grants Midtown Development LLC the right to construct balconies in a
6' 3" portion along the northwesterly line of their property, described above,
expressly recognizing and acknowledging that said area shall remain as street
right-of-way.
3. The term of this agreement shall be for so long as said encroachment is
maintained by Midtown Development LLC, or their successors or assigns, and
said encroachment continues to exist. It is understood and agreed that this
Agreement is appurtenant to Real Estate.
4. Midtown Development LLC, and their successors and/or assigns, shall protect,
defend, indemnify, and hold harmless the City and its successors and assigns,
and its officers, employees, and agents from any claim, damages, liability and
expenses arising out of the use or maintenance of right-of-way, including any
damage to said balconies. This covenant shall survive the termination of this
Agreement.
,,1 T 1)
Midtown Development LLC
Attest
City of Waterloo
By: Timothy J ley
Its: Mayor
Attest:
C
in_a-j
Nancy Eck City Clerk
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this day of , 2007, by
Josef Vich.
Notary Public
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this 013 y of jtll,
LP'UL. , 2007,
by Timothy J. Hurley and Nancy Eckert as Mayor and City Clerk, spectivel , f the City of
Waterloo.
of Public
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