I-5 - Underground Utility Easement - Hammes, Kaiser, Rogers

Prepared by & Return to: Crystal Raiber, 321 E. Market St. PO Box 2150; Iowa City, IA 52244; 319-354-1104 Legal Description: A portion of OUTLOT B AND OUTLOT C OF PRAIRIE VILLAGE- PART TWO, Tiffin Grantor(s): Patrick L. Hammes, Kaiser Holdings, LLC, and Margaret Ann Rogers, as Trustee of the Margaret Ann Rogers Revocable Trust dated August 24, 2018 Grantee(s): City of Tiffin UTILITY EASEMENT NORTH PARK ROAD IMPROVEMENTS PROJECT Owners state and covenant that they are the owner of certain real estate described on Exhibit A attached hereto, by virtue of legal and/or equitable title, that they are lawfully seized and possessed of said real estate, and that they have good and lawful right to convey this easement. In consideration of the promises made herein, the undersigned Owners hereby grants to City of Tiffin, Iowa, MidAmerican Energy Co., Windstream, Alliant Energy, South Slope Co-Op telephone, and Mediacom, and their successors, and any other parties City may license (collectively, “Grantees”) a permanent utility easement upon, over, under, along and across that portion of Owner’s property depicted and described on Exhibit A attached hereto. The Grantees of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purpose of serving property and other areas with electricity, gas, and communication service; the right to trim, cut down and remove such trees, brush, saplings and bushes as may interfere with the proper construction, maintenance, operation or removal of said facilities, equipment and appurtenances; and the right of ingress and egress for all of the purposes aforesaid. Grantees shall promptly backfill any trench made by them, and repair any damages caused by them within the easement areas. Owners, its successors in interest and assigns, reserves the right to use said easement areas for purposes which will not interfere with the Grantee’s full enjoyment of rights hereby granted; provided that Owners shall not erect or construct any reservoir, retaining wall or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas.