I-1 - Permanent ROW and Trail and Underground 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 PERMANENT RIGHT OF WAY EASEMENT AND PERMANENT TRAIL AND UNDERPASS EASEMENT NORTH PARK ROAD IMPROVEMENTS PROJECT THIS AGREEMENT, made and entered into by and between Clear Creek Amana Community School District, 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 covenant that subject to Iowa Code §§ 297.22 and 297.25, Owner has good and lawful authority to convey the easement described herein. 2. That the OWNERS hereby grant and convey to the CITY an exclusive permanent right of way easement and 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 and Exhibit B 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 therefrom. 4. That the CITY shall have the right to make excavations and to grade as it may find reasonably necessary for the construction, operation, repair, maintenance and