HomeMy WebLinkAboutDavid Knipp Encroachment Agreement - 8.17.2026 ENCROACHMENT AGREEMENT
Prepared by: John Dornoff, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366
THIS ENCROACHMENT AGREEMENT is entered into by and between David N Knipp
(hereinafter"Owner") and the City of Waterloo, Iowa(hereinafter"City")this 17th day of
August, 2026.
WHEREAS, Owner is the owner of real estate commonly known as 902 Bertch Avenue,
Waterloo, Iowa 50701 and legally described as: GREENFIELD ADDITION W 36 2/3 FT LOT 6
BLK 5, City of Waterloo, Iowa(hereinafter"Owner's Property); and
WHEREAS, Owner is requesting to allow for 12 decorative rocks in the city-owned right-of-
way of West 7th Street and Bertch Avenue and 59 rocks in the alley right-of-way to the south of
the property; and
WHEREAS, for the benefit of Owner's Property, Owner is requesting to allow said
Encroachment within a portion of said City right-of-way of West 7th Street, Bertch Avenue, and the
alley to the south of the property as shown in the attached Exhibit"A"; and
WHEREAS,the City is willing to allow said Encroachment into said City Right-of-Way as
shown on the attached Exhibit"A" (hereinafter the"Encroachment Area"), subject to the
following agreement regarding each parry's rights.
THEREFOR IT IS HEARBY AGREED by and between the parties as follows.
1. Owner hereby recognizes and reaffirms, said City 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 the 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 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
their duly authorized officers as of the date first set above.
/-
9?J/lf/774
e
David N Knipp, Owne
City of Waterloo
d,./. ‘,..,,,,________
By: David oesen
Its: Mayor
Attest:
4(/
Kelley F hle, City Clerk
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
On this day of , UY `C before me,the undersigned, a Notary Public in
and for the State of Iowa, p Y appeared eared and
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. /�
µI6LYISSA KRISTEN LITTLE A..i`�{-�-� n
COMMISSION NO.866416 V VL
1r MY COMMISSION EXPIRES NotaryPubOpi c
Oat* JULY 29.202 8
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this '70 day of• , 7--6 , by David
Boesen and Kelley Felchle as Mayor and City Clerk, respectively, of the ity of Waterloo.
Notary Pu i
0.0' . NANCY ANNE HIGBY
° COMMISSION NO.853884
* * MY COMMISSION EXPIRES
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