HomeMy WebLinkAboutHuff, Christolpher P. and Kimberly S.-Encroachment Agreement-9/3/2019 Prepared by and Return To: Tim Andera, 715 Mulberry Street,Waterloo, Iowa 50703 (319) 291-4366
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT is entered into by and between Christopher P. Huff
and Kimberly S. Huff(hereinafter"Owners"), and the City of Waterloo, Iowa(hereinafter"City")
this 2,1A _day of - I. , 2019.
WHEREAS, Owners are the owner of real estate commonly known as 429 Farrington Road,
Waterloo, Iowa 50701 and legally described as Westbourne Terrace Fourth Addition, Lot 31, and
Parcel "I" according to Plat of Survey filed November 28, 2018 as Doc. No. 2019-8343, City of
Waterloo, Black Hawk County, Iowa, (hereinafter"Owner's Property"); and
WHEREAS, Owners is proposing to construct a 28'x 28' (784 SF) attached garage addition to
their existing attached garage (hereinafter the "Encroachment") that will encroach into a platted 12'
drainage and utility easement, platted 8' utility easement and platted 65' drainage easement
(hereinafter"Easements"); and
WHEREAS, for the benefit of the Owner's Property and its owner(s), Owners are requesting to
allow the Encroachment within a portion of said Easements as shown in attached Exhibit "A"
(hereinafter the "Encroachment Area"); and
WHEREAS, there is an existing CenturyLink communications line (hereinafter the "Utilities")
within Easements area and proposed garage addition will extend over said Utilities; and
WHEREAS, the City is willing to allow the Encroachment to encroach into said Easements as
described above, subject to the terms and conditions set forth herein.
THEREFORE IT IS HEREBY AGREED by and between the parties as follows:
1. Owners hereby recognize and reaffirm the existence of the Easements.
2. The City grants Owners the right to place and maintain the Encroachment in and upon
the Encroachment Area of said Easements, 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 Easements, expressly
recognizing and acknowledging that any damage that occurs to the Encroachment will
be the sole risk and expense of Owners, including repair, removal or replacement
expenses.
3. The term of this agreement shall be for so long as said encroachment is maintained by
Owners and continues to exist, and that this agreement shall automatically terminate if
said Encroachment is removed (other than for temporary removal during replacement
or repair). The parties agree that this agreement is appurtenant to the Owner's
Property and runs with the land.
4. Owners shall protect, defend, indemnify, and hold harmless the City and its successors
and assigns, and their 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) of any type or
nature whatsoever arising out of the use, maintenance or removal of said
Encroachment, including but not limited to any damage to 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 the parties and their respective transferees, successors, heirs
and assigns. Time is of the essence in observing the terms of this agreement.
6. That Owners install and run existing Utilities within a properly sized conduit or split-
duct conduit satisfactory to the owner(s) of the Utilities, and two more conduits are
installed under the Encroachment for allowance of the extension of any other utilities
in the future.
IN WITNESS WHEREOF, the parties have executed this Encroachment Agreement by their
duly authorized officers as of the date first set forth above.
OWNER(S) CITY OF WATERLOO, IOWA
By: PC4-74By: CI) t_A_PAIL-77C3)Christopher . Huff Quentin Hart, Mayor
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6-By; Attest:
Kimberly S. elley Fel e, City Clerk
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this ,A9ay of a..S4 2019, by
Christopher P. Huff and Kimberly S. Huff, as Owners.
.0 is KIMBERLY A LANE / /
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STATE OF IOWA ) SePICTIL-tr
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This instrument was acknowledged
by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respe tively, . ' th - ity of Waterloo.
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