HomeMy WebLinkAboutMossy Rock, LLC (Gary Wiggins) - Encroachment Agmnt - 9.3.2024 Prepared by: Lexi Schneider, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT is entered into by and between Mossy Rock LLC,
hereinafter Owners, and the City of Waterloo, Iowa,hereinafter"City"this lb day of Au9n4-,
2024.
WHEREAS, Owners are the owners of real estate commonly known as 1002 Mobile Street,
Waterloo, Iowa 50703 and legally described as: The South 50 feet of Lots 8 and 9 in Block 3 in
"Lusch Addition to the City of Waterloo, Iowa; and the South 50 feet of Lot 12, in Block 13, in
"Rose Hill First Addition"to the City of Waterloo, Black Hawk County, Iowa, hereinafter
"Owners Property"; and
WHEREAS, Owners are proposing to allow for the placement of a retaining wall, hereafter
"Encroachment"that will encroach into City right-of-way; and
WHEREAS, for the benefit of Owners Property,the Owners are requesting to allow said
Encroachment within a portion of said City right-of-way along Mobile Street as shown on the
attached Exhibit"A"; and
WHEREAS,the City is willing to allow said Encroachment into said City right-of-way as
shown on attached Exhibit"A" (hereinafter the "Encroachment Area"), subject to the following
agreement regarding each party's rights.
THEREFORE IT IS HEARBY AGREED by and between the parties as follows:
1. Owners hereby recognizes and reaffirms, said City right-of-way, and claim no rights
or privileges therein except to the limited extent provided for in this agreement.
2. The City grants Owners the right to place and maintain said Encroachment in said
right-of-way, subject to the rights of the City and/or any agency to which the City
has granted a utility franchise or right-of-way License Agreement to and for access
over, under and upon said right-of-way, expressly recognizing and acknowledging
that any damage that occurs to said Encroachment will be the sole risk and expense
of the Owners including moving or replacement expenses. In the event that the City
and/or any agency to which the City has granted a utility franchise or right-of-way
License Agreement needs the Encroachment to be temporarily moved for access to
said right-of-way, Owners shall move said improvements in the Encroachment Area
if present and able, otherwise the City and/or any agency to which the City has
granted a utility franchise or right-of-way License Agreement shall be authorized to
move said Encroachment and assess any costs for moving against Owners or against
Owners Property.
3. The term of this agreement shall be for so long as said Encroachment is maintained
by Owners, and said Encroachment continues to exist, and that this agreement shall
automatically terminate if said Encroachment is removed (other than for temporary
removal during replacement or repair). It is understood and agreed that this
Agreement is appurtenant to the Owners Property and runs with the land. 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 Owners, and that
Owners agree to remove said Encroachment prior to the end of the 60 days notice
and termination of this agreement. If Owners fail to remove said Encroachment
upon termination of this agreement, Owners authorize the City of Waterloo to
remove said Encroachment and assess costs to Owners, or against Owners Property.
4. Owners 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 or right-of-way
License Agreement from any claim, damages, liability and expenses(including, but
not limited to, reasonable attorney's fees and costs of litigation) arising out of the
use,maintenance, or removal of said Encroachment. This covenant shall survive the
termination of this Agreement.
5. This is the entire agreement between the parties with respect to the subject matter
hereof It may be amended only in a written instrument signed by the parties. This
agreement is binding upon parties and their respective transferees, successors, heirs,
and assigns. Time is of the essence in observing the terms of this agreement.
IN WITNESS WHEREOF, the parties have executed this Encroachment Agreement by
their duly authorized officers as of the date first set forth above.
611-4
Mossy ock LLC
By: Gat-' 1Akj `nslts: ti )A -2r
City of Waterloo:
OA s rlckX®
By: Quentin Hart
Its: Mayor
Attest:
-Kelly Felchl City Clerk
ke ue�
STATE OF IOWA )
OWNERS) SS.
This instrument was acknowledged before me on this Uo day ofAu5t 2024,by
GWj to lamas OuJ� , respectively, of Mossy Roc LC.
EMILY SELIGA
i Commission Number 849716 Notary Publi
* My Commission Expires
rOMM July 27,2026
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this 1 day ofik2024, by Quentin
Hart and Kelly Felchle as Mayor and City Clerk, respectively, of the City of Waterloo.
ublic
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BRITNI C PERKINS =,
z CMY COMMISSIONI EXP R�
IOWA JANUARY 27,2026