I-2 - Temporary Construction Easement - DERS Investments

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 AUDITOR'S PARCEL 2019017 and a portion of LOT 34, PARK PLACE CITY CENTER - PART TWO, PHASE EIGHT, all in Tiffin, Iowa Grantor(s): DERS Investments, LLC Grantee(s): City of Tiffin TEMPORARY CONSTRUCTION EASEMENT AGREEMENT NORTH PARK ROAD IMPROVEMENTS PROJECT THIS AGREEMENT, made and entered into by and between DERS Investments, LLC, hereinafter "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 and Exhibit B 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. 2. OWNERS do hereby grant and convey to CITY a temporary construction easement in, over and across that portion of OWNERS’ property depicted and described on Exhibit A and Exhibit B attached hereto (hereafter "Temporary Easement Area") for the purpose of facilitating CITY's construction of the North Park Road Improvements Project (public improvement"), which grant to CITY shall include necessary grading, excavation, piling of dirt, regrading, restoration, storage of materials and equipment, and ingress and egress of persons and equipment to the Temporary Easement Area, as needed to complete said public improvement. 3. The term of this Temporary Construction Easement will be for the period of time required by CITY to complete the construction of the public improvement. 4. With respect to the Temporary Construction Easement, OWNERS grant the following rights: