I-5 - Permanent Trail and Underpass 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 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 PERMANENT TRAIL AND UNDERPASS EASEMENT NORTH PARK ROAD IMPROVEMENTS PROJECT THIS AGREEMENT, made and entered into by and between Patrick L. Hammes, a single person, Kaiser Holdings, LLC, and Margaret Ann Rogers, as Trustee of the Margaret Ann Rogers Revocable Trust dated August 24, 2018, hereinafter collectively "OWNERS", and the City of Tiffin, Iowa, a municipal corporation, hereinafter "CITY." In consideration of their mutual promises herein, OWNERS and CITY agree as follows: 1. 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 said ownership is not subject to any third-party possessory or proprietary interests (i.e. tenant, easement- holder, contract-purchaser, etc.) and they are lawfully seized and possessed of said real estate, and that they have good and lawful right to convey this easement. 2. That the OWNERS hereby grant and convey to the CITY an exclusive permanent trail and underpass easement for the purposes of constructing, operating, maintaining, repairing, using and reconstructing public street right-of-way, said street right-of-way to include paving, curb & gutter, stormwater main, water main, sewer main, sidewalk, trail, underpass, conduits, overhead street lighting, landscaping and streetscape materials and plantings in the easement area described and shown on Exhibit A attached hereto in connection with that certain improvement project heretofore referred to as the "North Park Road Improvements Project” hereinafter referred to as the "Project." 3. That the OWNERS consents to any change of grade of the right-of-way and accepts payment under this contract for any and all damages arising therefrom.