HomeMy WebLinkAboutFDP WTC, LLC - Encroachment Agreement-10/17/2016Prepared by: Aric Schroeder, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT is entered into by and between FDP WTC, LLC
(hereinafter "Owner"), and the City of Waterloo, Iowa (hereinafter "City") this 11 r day of
October, 2016.
WHEREAS, Owner is the owner of real estate commonly known as 250 Westfield Avenue,
Waterloo, Iowa 50701 and legally described in Attached Exhibit "A", City of Waterloo, Black
Hawk County, Iowa, (hereinafter "Owner Property"); and
WHEREAS, Owner is proposing to build and maintain two canopies that overhang (hereinafter
the "Encroachment") that will encroach into a 66 feet public storm sewer and water utility easement
(hereinafter "Easement"), said Encroachment being a maximum of 16.36 to 17.42 feet north/south
by 75 feet east/west for the first canopy and 10.83 feet to 11.18 feet north/south by 25 feet east/west
for the second canopy;
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 as shown in Attached Exhibit "B" (hereinafter the
"Encroachment Area"); and
WHEREAS, the City is willing to allow the Encroachment to encroach into said Easement as
shown in Exhibit "B," 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.
1N WITNESS WHEREOF, the parties have executed this Encroachment Agreement by their
duly authorized officers as of the date first set forth above.
FDP WTC, LLC CITY OF WATERLOO, IOWA
By:
Rodney Blackwell, Managing Member
FDP WTC, LLC
By:
Quentin Hart, Mayor
Attest:
Kelley Felchle,
ty Clerk
STATE OF IOWA )
COUNTY OF- -AK ) SS.
eA
This instrument was acknowledged before me on this JC day of October, 2016, by
Rodney Blackwell, as Managing Member of FDP WTC, LLC.
JENNIFER KAKERT
Commission Number 788332
My Commission Expires
February 9, 2018
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
tart' Pu is
This instrument was acknowledged before me on this Cl day of October, 2016, by
Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo.
NANCY HIGBY
COMMISSION NO.788229
MY CONMESSION PIRES
2
Notary Pubhc
Pagel oft
•
Exhibit "A"
That portion of Lot One (1) of Techworks Addition, Waterloo, Iowa, Black Hawk County, lows, described
as follows:
Commencing at the Southeast corner of said Lot 1; thence South 8295'57" West on the South line of
said Lot 1, a distance of 215.87 feet to the point of beginning; (the following four courses are on said
South line); thence continuing South 82°15'57" West 152.87 feet; thence South 87°29'55" Nest, 78.84
feet; thence South 63°34'08" West, 20.45 feet to the beginning o1 an 833.33 foot radius curve concave
Northerly and having a long chord of 149.99 feet bearing South 88°43'54" West; thence Westerly on the
arc of said curve, 150.20 feet; thence North 15°15'33" West, 185.58 feet; thence North 20.2828" West,
29.17 feet thence South 68°55'29" West, 44.61 feet; thence North 20°17'51" West, 309.37 feet; thence
North 89.00'00" East, 588.00 feet; thence South 21°00'00" East, 85.70 feet to the beginning of a 142.82
foot radius chord concave Southerly and having a tong chord of 91.58 feet bearing South 87°35'27"
East thence Easterly on the arc of said curve 93.23 feet to an East line of said Lot 1 and the beginning
of a 281.84 foot radius curve concave Easterly and having a long chord of 131.55 feet bearing South
4.27'38" West; thence Southerly on the arc of said curve and on an East line of saki Lot 1, a distance of
132.98 feet; thence South 59.48'31" West on an East line of said Lot 1, a distance of 20.27 feet thence
South 30°11129' East on an East line of said Lot 1, a distance of 85.85 feet; thence South 59'3318"
West, 75.11 feet; thence South 49'46'02" West, 108.25 feet; thence South 1894'11"East, 143.74 feet
to the point of beginning,
Also described as Auditor's Parcel "F" according to Plat of Survey filed March 15, 20] 3 as Doc.
No. 2013-19092 and amended lune 25, 20] 5 as Doc No. 2015-21270,
File Number: 2016-00012508 Seri; 2
Exhibit "B"
0
Ament
DESIGN
Amenl Design
62532nd Avenue SW
Cedar Rapids. IA 52404
ph.319.378.1491
fox 319.378.1975
Prefect Courtyard by Marriott at Teehworks
flue Exhibit - Building Overhang and Westfield Easement
heat 1 o1 1 Calculated lav: MLCMMGD pais: 8112/2016