HomeMy WebLinkAboutWhite, Matt & Danielle, Encroachment Agreement-11.04.2024 a
2024-23457
RECORDED:11/18/2024 08:40:07 AM
RECORDING FEE:$22.00
REVENUE TAX:$
COMBINED FEE:$22.00
SANDIE L.SMITH,RECORDER
BLACK HAWK COUNTY,IOWA
RQ1 #0
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
14,4cyIh6 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 1/4 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 1/4 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 parry'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 au• d officers as of the date first set forth above.
War
We
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 a 3 day of , 2024, by
Matt White and Danielle White as Owners.
EM.ILY SELIGA
sA Commission Number 849716
My Commission Expires Notary Publ
*/OWE July 27,2026
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this ` day ofilW4024, by Quentin
Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo.
,.P .
R'^'s 1 BRITNI C PERKINS
2 _ COMMISSION NO.845529
*„ ;,* MY COMMISSION EXPIRES o ubl'
IOWA JANUARY 27,2026
Exhibit A
,///////7
1
601 Cedar Bend Street
i
I
a
Encroachment Area
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l U
85'
+1- 100' {,
MUST BE ▪ , 80
15' From Toe of Levee WAli ;-
+/-20'
Cedar River
40 Toe cf Levee
Encr chment Area
•
® 601 C dar Bend
ROW
OF WAIF South of 6oi Cedar Bend Street
` Ems.: o Encroachment Agreement
0 15 30 60
7 V
Feet S �7`