HomeMy WebLinkAboutJessica Wiebbecke-7/27/2015Prepared by: Aric Schroeder, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT is entered into by and between Jessica Wiebbecke
(hereinafter "Applicant"), and the City of Waterloo, Iowa (hereinafter "City") this a) day of July,
2015.
WHEREAS, Applicant is the owner of real estate commonly known as 1625 Wakonda Drive,
Waterloo, Iowa 50703 and legally described as Lot 14 of Greenbrier Second Addition, in the City of
Waterloo, Black Hawk County, Iowa (hereinafter "Applicant Property"); and
WHEREAS, Applicant is proposing to build and maintain a shed and fence (hereinafter the
"Encroachment") that will encroach into the public right-of-way of West Donald Street (hereinafter
"Street"); and
WHEREAS, for the benefit of the Applicant Property and its owner(s), Applicant is requesting to
allow the Encroachment within a portion of said Street legally described as: The Northerly 15 feet of
the Public Right of Way of West Donald Street, said Line of Public Right of Way is Coincident with
the Southerly Line of Lot 14 of Greenbrier Second Addition, in the City of Waterloo, Black Hawk
County, Iowa, lying adjacent to said Lot 14 and Easterly of the Westerly Line of said Lot 14 extended,
and Westerly of the Easterly Line of said Lot 14 extended (hereinafter the "Encroachment Area"); and
WHEREAS, the City is willing to allow the Encroachment to encroach into said Street 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. Applicant hereby recognizes and reaffirms the existence and public ownership of the
Street and claims no rights or privileges therein except to the limited extent provided for
in this agreement.
2. The City grants Applicant the right to place and maintain the Encroachment in and
upon the Encroachment Area of said Street, 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 Street, expressly recognizing
and acknowledging that any damage that occurs to the Encroachment will be the sole
risk and expense of Applicant, 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 Licensa Agreement needs the Encroachment to be temporarily removed
for access to said Street, Applicant 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 Applicant or against Applicant Property.
3. The term of this agreement shall be for so long as said encroachment is maintained by
Applicant 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
Applicant 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 Applicant, 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
Applicant or against Applicant Property.
4. Applicant 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.
OWNER APPLICANT PROPERTY
By: rl 1CU JJ b
Je 4 ica Wiebbecke
CITY OF WATERLOO, IOWA
By: ���,=7► / ��L-�r/
Ernest G. Clark, Mayor
Attest:
Suzy Sch. es, City Clerk
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this o7l day of July, 2015, by Jessica
Wiebbecke, as Owner of Applicant Property.
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me
Clark and Suzy Schares as Mayor and City Clerk,
PIAL
pow*
NANCY HIGBY
COMMISSION NO.788229
MY COMM sS►ON�DPIRE
Notary Public
CHRISTOPHER W. 4Yc; ? FRN
COMMISSION NO. 772326
kiv COMMISSION EXPIy4ES
on this 2 � day of July, 2015, by Ernest G.
respectively, of the City of Waterloo.
2
Notary Publics