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HomeMy WebLinkAboutBohlen - Encroachment Agreement - 9.15.2025 ENCROACHMENT AGREEMENT Prepared by: Adarsh Tummala, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 THIS ENCROACHMENT AGREEMENT is entered into by and between Brent A. Bohlen (hereinafter"Owner") and the City of Waterloo, Iowa, (hereinafter"City") this 3rd day of September, 2025. WHEREAS, Owner is the owner of real estate commonly known as 130 Columbia Circle, Waterloo, Iowa 50701 and legally described as: Lots Nos. One-Hundred Twenty-four (124) and One Hundred Twenty-five (125) in Kingbard Hill (hereinafter"Owner's Property"), in the City of Waterloo, Black Hawk County, Iowa; and WHEREAS, Owner is requesting to allow a patio, pergola, and fence (hereinafter the "Encroachment") on a portion of alley City owned right-of-way (hereinafter"Right-of-Way"); and WHEREAS, for the benefit of Owner's Property, Owner is requesting to allow said Encroachment within a portion of said Right-of-Way described as: That part of the 15 foot alley as patted in Kingbard Hill adjoining Lots 124 and 125 that lies Westerly of a line drawn between the Northerly most corner of said Lot 124 and the Easterly most corner of said Lot 125; and WHEREAS, the City is willing to allow said Encroachment into said Right-of-Way as above described (hereinafter the "Encroachment Area"), subject to the following agreement regarding each party's rights. THEREFOR IT IS HEARBY AGREED by and between the parties as follows. 1. Owner hereby recognizes and reaffirms, said Right-of-Way, and claims no rights or privileges therein except to the limited extent provided for in this agreement. 2. The City grants Owner the right to place and maintain said Encroachment in said Encroachment Area, 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 Encroachment Area, expressly recognizing and acknowledging that any damage that occurs to said Encroachment will be the sole risk and expense of Owner and all successors or assigns, 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 Encroachment Area, Owner and all successors or assign shall move said improvements in the Encroachment Area if present and able, otherwise the City of Waterloo 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 Owner or any successors or assigns, or against Owner's Property. 3. The term of this agreement shall be for so long as said Encroachment is maintained by Owner, 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 during replacement or repair). It is understood and agreed that this Agreement is appurtenant to the Owner's 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 Owner, or any successors and assigns, and that Owner, and any successors and assigns agree to remove said Encroachment(s) prior to the end of the 60 days notice and termination of this agreement. If Owner, or any successors and assigns fail to remove said Encroachment upon termination of this agreement, Owner, or any successors and assigns authorize the City of Waterloo to remove said Encroachment and assess costs to Owner, or any successors and assigns, or against Owner's Property. 4. Owner, and all successors and assigns 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 and against 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 t4 ,m gf y authorized ficers as of the date first set above. /1.aa, W69641------v/l 7 l Brent A. Bohlen, Owner City of Waterloo a-a-o-A- --\74"-te)--- By: Quentin Hart Its: Mayor Atte_ : /itlf- - [tis_.. i4./ i. •elc 19 ity Clerk STATE OF IOWA ) 41(4. COUNTY OF BLACK HAWK ) SS. On this 3 day of ,jam„A , 2 before me,the undersigned, a Notary Public in and for the State of Iowa, sersonally appeared Brent A. Bohlen to me known to be the identical persons named herein and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. ,,PP�A�sF TRACIA S ROSS ���I � � -2 _ _ r_ COMMISSION NO.811963 0"y/ * ;tnfltt* MY C. MI SI N EXPIRES iowN cTz-7 otary Public /24 STATE OF IOWA ) COUNTY OF BLACK HAWK ) SS. This instrument was acknowledged before me on this (q day of q , v , by Quentin Hart and Kelly Felchle as Mayor and City Clerk, respectively, of the City of Waterloo. e'l.r_ `,, BRITNI C PERKINS Public z r COMMISSION NO. 845529 *mrt�* MY COMMISSION EXPIRES IOWA JANUARY 27,2026 • • • I OAPT N1w2tMMOu1 art-'X.i l4OleeiMMOu5M * dap 1t 1n ,4t ''t'. am1PTt'it}