HomeMy WebLinkAboutNguyen & Le, LLC-6/22/2015Prepared by: Aric Schroeder, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT is entered into by and between Nguyen & Le, LLC
(hereinafter "Owner"), and the City of Waterloo, Iowa (hereinafter "City") this 221.4)day of June,
2015.
WHEREAS, Owner is the owner of real estate commonly known as 1931 Sears Street,
Waterloo, Iowa 50701 and legally described as Lot A of Crossroads Retail Center Addition, City of
Waterloo, Black Hawk County, Iowa, (hereinafter "Owner Property"); and
WHEREAS, Owner is proposing to build and maintain a patio roof overhang (hereinafter the
"Encroachment") that will encroach into a public storm sewer easement (hereinafter "Easement"),
said Encroachment being a maximum of 4.47 feet north/south by 11.96 feet east/west; and
WHEREAS, for the benefit of the Owner Property and its owner(s), Owner is requesting to allow
the Encroachment within a portion of said Easement legally described as: See attached Exhibit "Al"
(hereinafter the "Encroachment Area"); and as shown as in the attached Exhibit "A2"; 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. Owner hereby recognizes and reaffirms the existence of the Easement.
2. The City grants Owner 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 Owner, including repair, removal or replacement
expenses.
3. The term of this agreement shall be for so long as said encroachment is maintained by
Owner 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 Property
and runs with the land.
4. Owner 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.
Nguyen & Le, LLC CITY OF WATERLOO, IOWA
By:1 By:
Anna g yen, Owner Ernest G. Clark, Mayor
Attest:
Suzy Sch. res, City Clerk
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this i 5 day of June, 2015, by Anna Nguyen,
as Owner of Nguyen & Le, LLC.
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
%Of
r.A
This instrument was acknowledged before me on this V- day of June, 2015, by Ernest G.
Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City of Waterloo.
NANCY H1GBY
COMMISSION NO.788229
MY COMMISSION"1_
2
Notary Publi