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HomeMy WebLinkAboutDanielle White - Encroachment Agreement - 11.4.2024 Prepared by: Lexi Schneider, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT is entered into by and between Matt and Danielle White, hereinafter"Owners", and the City of Waterloo, Iowa,hereinafter"City"this At day of 1k (Gw tj 2024. WHEREAS, Owners are the owners of real estate commonly known as 601 Cedar Bend St, Waterloo, Iowa 50703 and legally described as: A part of Government Lot No. 3, in the Northwest '/4 of Section 15, Township 89 North,Range 13 West of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, lying within the following described boundaries: Beginning at a point on the West line of Cedar Bend Street which point is 75 feet South of the intersection of the North line of Lot"G" in"Cedar Dale", extended Westerly, with the West line of Cedar Bend Street; thence North along the West line of Cedar Bend Street a distance of 135 feet; thence due West a distance of 200 feet; thence South 60 feet to a point which is 200 feet West of the Point of Intersection of said North line of Lot"G", extended Westerly, with the West line of Cedar Bend Street; thence West to the Northeasterly bank of the Cedar River;thence Southeasterly along the the Northeasterly bank of the Cedar River to a point which is due West of the point of beginning thence East to the point of beginning, except that part retained by the City of Waterloo, Iowa, described as follows: A part of the Government Lot No. 3, in the Northwest 'A of Section 15,Township 89 North, Range 13 West of the Fifth Principal Meridian, Black Hawk County, Iowa, lying within the following described boundaries: Beginning at a point on the West line of Cedar Bend Street which point is 75.0 feet South of the intersection of the North line of Lot"G" in"Cedar Dale", extended Westerly with the West line of Cedar Bend Street;thence North along the West line of Cedar Bend Street a distance of 13.63 feet; thence deflecting to the left at an angle of 90 degrees 56'20" a distance of 106.62 feet; thence deflecting to the right at an angle of 90 degrees 01'50" a distance of 121.96 feet to a point which is 108.51 feet due West on a point of the West line of Cedar Bend Street which is 60.0 feet North of the intersection of said North line of Lot"G", extended Westerly, with the West line of Cedar Bend Street; thence due West a distance of 91.49 feet; thence South 60.0 feet to a point which is 200 feet West of the point of intersection of said North line of Lot"G", extended Westerly, with the West line of Cedar Bend Street; thence West to the Northeasterly Bank of the Cedar River to a point which is due West of the point of beginning;thence East to the point of beginning, hereinafter"Owners Property"; and WHEREAS, Owners are proposing to allow for the placement of a fence, swing set, and gazebo, hereinafter"Encroachment"that will encroach into City property; and WHEREAS, for the benefit of Owners Property,the Owners are requesting to allow said Encroachment within a portion of said City property along Cedar Bend Street as shown on the attached Exhibit"A"; and WHEREAS,the City is willing to allow said Encroachment into said City property 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 property, 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 City property, 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 City property, 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 thei • r • d officers as of the date first set forth above. `i r�I' a �. ; 're �t1l Daniel e White, Owner City of Waterloo: By: Quentin Hart Its: Mayor Attest: Ke ey F c le, i Clerk STATE OF IOWA ) OWNERS) SS. This instrument was acknowledged before me on this)3 day of Ce46024, by Matt White and Danielle White as Owners. EMILY SELIGA Q Commission Number 849716 *,�„* My Commission Expires Notary Publ. /OWo July 27,2026 STATE OF IOWA ) COUNTY OF BLACK HAWK ) SS. This instrument was acknowledged before me on this `1' day ofAW4024, by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo. I kP p1AL_ So BRITNI C PERKINS z _ COMMISSION NO.845529 * '' ' * MY COMMISSION EXPIRES IOWA JANUARY 27,2026 O UN. _.21:NF1390 '...1A1,4424kt, Exhibit A 601 Cedar Bend Street Encroachment Area co • * . . 85' t *. ..#.. • '• 4' •+/- 100' . ' ' MUST BE •• • #}•* 4 80' 15' From Toe of Levee • •4'.'. , # < i 4 ♦• • .i 8 i• .•.4 s 4 s #, . • .# 4 e• • • 4 # 9 4 , • • • . . +/-20' Cedar River Toe cf Levee Encr chment Area ® 601 C dar Bend ROW ti of "qTF�47/ South of 6oi Cedar Bend Street "' ' Encroachment Agreement S 0 15 30 60 d0 Feet '"''