I-1 - Underground Utility Easement Agreement - CCA

Prepared by & Return to: Crystal Raiber, 321 E. Market St. PO Box 2150; Iowa City, IA 52244; 319-354-1104 Legal Description: Portions of Lot 1 and Lot 2, Bigelow Subdivision Grantor(s): Clear Creek Amana Community School District Grantee(s): City of Tiffin UTILITY EASEMENT NORTH PARK ROAD IMPROVEMENTS PROJECT Owner states and covenant that subject to Iowa Code §§ 297.22 and 297.25 they have good and lawful right to convey this easement described on Exhibit A (the “Easement Area”). In consideration of the promises made herein, the undersigned Owner 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 Area. Owner, its successors in interest and assigns, reserves the right to use said Easement Area in any manner that is not inconsistent with the rights granted herein, and Owner shall retain the right to maintain the Easement Area in its sole discretion; provided that Owner 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 Area. No permanent dwellings or trees shall be placed on the areas so designated for utility easement but, with advance written authorization from the Grantee's representatives, the same may be used for gardens, shrubs, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. Grantees' rights, however, include the right to remove and/or clear away any such gardens, shrubs, minor landscaping, bushes and plantings within the Easement Area that interferes with the Grantee’s rights granted herein without compensation to Owner or its successors in interest.