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HomeMy WebLinkAboutASA Properties, LLC-8/17/2015Prepared by: Aric Schroeder, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT is entered into by and between ASA Properties LLC (hereinafter "ASA"), and the City of Waterloo, Iowa (hereinafter "City") this I'I 'day of PrU JUSA- 2015. WHEREAS, ASA is the owner of real estate commonly known as 621-623 Ansborough Avenue, Waterloo, Iowa 50701 and legally described as Lots 18, 19, 20, 21, 22 and 23 of First Addition to Galloway, City of Waterloo, Black Hawk County, Iowa, except the West 35 feet thereof (hereinafter "ASA Property"); and WHEREAS, ASA is proposing to build and maintain a sign (hereinafter the "Encroachment") that will encroach into a public utility easement (hereinafter "Easement"), said sign being a maximum of 6 feet in height and 54 inches in width with two wooden posts extending not more than 42 inches into the ground with no cement footing around the posts; and WHEREAS, for the benefit of the ASA Property and its owner(s), ASA is requesting to allow the Encroachment within a portion of said Easement legally described as: The South 10 feet of the North 20' of the East 10' of the West 45' of Lot 19 of First Addition to Galloway, City of Waterloo, Black Hawk County, Iowa (hereinafter the "Encroachment Area"); and WHEREAS, the City is willing to allow the Encroachment to encroach into said Easement 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. ASA hereby recognizes and reaffirms the existence of the Easement. 2. The City grants ASA the right to place and maintain the Encroachment in and upon the Encroachment Area of said Easement, 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 Easement, expressly recognizing and acknowledging that any damage that occurs to the Encroachment will be the sole risk and expense of ASA, including removing 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 removed for access to said Easement, ASA shall remove the Encroachment 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 remove the Encroachment and assess any costs for removing same against ASA or against ASA Property. The term of this agreement shall be for so long as said encroachment is maintained by ASA 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 ASA Property and runs with the land. This agreement may be terminated by the City of Waterloo upon 60 days advance written notice and order to permanently remove to ASA, or any transferees, successors and assigns. If responsible parties fail to remove said encroachment upon termination of this agreement, the City of Waterloo is hereby authorized to remove said Encroachment and assess costs to ASA or against ASA Property. 4. ASA 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 attorneys 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 maybe 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. IN WITNESS WHEREOF, the parties have executed this Encroachment Agreement by their duly authorized officers as of the date first set forth above. ASA Properties LLC c1 By: /— /'�/ Anthony Huff, Preside CITY OF WATERLOO, IOWA By: d 1�4 Ernest G. Clark, Mayor Attest: Suzy S ares, City Clerk STATE OF IOWA ) COUNTY OF BLACK HAWK ) SS. This instrument was acknowledged before me on this 59gday of June, 201 by Aq ony Huff, as President of ASA Properties LLC. // •,• ` . ANID lcomnm MISSION N0.7, a Notary ` MY COMMISSION 0WHI S '^•` APRIL 11, 2018 STATE OF IOWA COUNTY OF BLACK HAWK ) SS. This instrument was acknowledged before me on this11I day of#k3%t2015, by Ernest G. Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City of Waterloo. Notary Public "• "'"` •; NANCY HIGBY COMMISSION NO.788229 Ip.•♦ MY COMMISSION flQ�IHES 7i� 1:0: 2 IIIII II II IIfl IIII IlIIIIII1IHII Y Doc ID: 007030210002 Type GEN Recorded: 05/18/2016 at 03:40:47 PM Fee Amt: $12.00 Page 1 of 2 Black Hawk County Iowa SANDIE L. SMITH RECORDER Fi1e2016-00019531 4Prepared by: Aric Schroeder, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT is entered into by and between ASA Properties LLC (hereinafter "ASA"), and the City of Waterloo, Iowa (hereinafter "City") this ' 1411 day ofAvtg st- 2015. WHEREAS, ASA is the owner of real estate commonly known as 621-623 Ansborough Avenue, Waterloo, Iowa 50701 and legally described as Lots 18, 19, 20, 21, 22 and 23 of First Addition to Galloway, City of Waterloo, Black Hawk County, Iowa, except the West 35 feet thereof (hereinafter "ASA Property"); and WHEREAS, ASA is proposing to build and maintain a sign (hereinafter the "Encroachment") that will encroach into a public utility easement (hereinafter "Easement"), said sign being a maximum of 6 feet in height and 54 inches in width with two wooden posts extending not more than 42 inches into the ground with no cement footing around the posts; and WHEREAS, for the benefit of the ASA Property and its owner(s), ASA is requesting to allow the Encroachment within a portion of said Easement legally described as: The South 10 feet of the North 20' of the East 10' of the West 45' of Lot 19 of First Addition to Galloway, City of Waterloo, Black Hawk County, Iowa (hereinafter the "Encroachment Area"); and WHEREAS, the City is willing to allow the Encroachment to encroach into said Easement 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. ASA hereby recognizes and reaffirms the existence of the Easement. 2. The City grants ASA the right to place and maintain the Encroachment in and upon the Encroachment Area of said Easement, 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 Easement, expressly recognizing and acknowledging that any damage that occurs to the Encroachment will be the sole risk and expense of ASA, including removing 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 removed for access to said Easement, ASA shall remove the Encroachment 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 remove the Encroachment and assess any costs for removing same against ASA or against ASA Property. 3. The term of this agreement shall be for so long as said encroachment is maintained by ASA 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 ASA Property and runs with the land. This agreement may be terminated by the City of Waterloo upon 60 days advance written notice and order to permanently remove to ASA, or any transferees, successors and assigns. If responsible parties fail to remove said encroachment upon termination of this agreement, the City of Waterloo is hereby authorized to remove said Encroachment and assess costs to ASA or against ASA Property. 4. ASA 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 attorneys 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. IN WITNESS WHEREOF, the parties have executed this Encroachment Agreement by their duly authorized officers as of the date first set forth above. ASA Properties LLC CITE' OF WATERLOO, IOWA By: Anthony Huff, reside BY 7/4 a/1 Ernest G. Clark, Mayor Attest: Suzy Sc . es, City Clerk STATE OF IOWA ) COUNTY OF BLACK HAWK ) SS. This instrument was acknowledged before me on this 30inday of June by thony Huff, as President of ASA Properties LLC. TIM ANDERA COMMISSION NO.772518 MY COMMISSION UMPIRES APRIL 11, 2018 STATE OF IOWA ) COUNTY OF BLACK HAWK ) SS. Notary Public th This instrument was acknowledged before me on this 1' day of g 332015, by Ernest G. Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City of Waterloo. L Notary Public"v /6 2 NANCY N%GBY COMMISSION NO.7�8 RES9 MY CpMMISSK3Z'