K-3 - Recorded Subdivider Docs

Public Access and Fire Apparatus Easement Agreement Johnston-Potterfield Subdivision – Part 2 A Planned Area Development on a Portion of Lot 6 of the Johnston – Potterfield Subdivision Part 2 This Agreement, made and entered into by and between RA Holdings, LLC (Subdivider), Joseph Johnston and Amanda Potterfield, husband and wife (Owners), which expressions shall include its and their successors in interest and assigns, and the City of Tiffin, Iowa (the City), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: 1. In exchange for valuable consideration, the receipt of which is hereby acknowledged, Subdivider and Owners hereby grant and convey to the City an easement for the purpose of access over and across the area designated as “Access Easement”, as shown on the Final Plat of R and A Condominiums Addition, a Resubdivision of Lot 6 of Johnston-Potterfield Subdivision, Part 2, Tiffin, Johnson County, Iowa hereafter described as “easement area”. 2. The Subdivider and Owners agree that its/their successors and assigns, as part of this agreement and as a covenant running with the land, shall at its expense keep the easement area open to allow the free flow of vehicular traffic over the easement area without obstruction, and keep the easement area in good condition and shall repair and maintain the same as may be appropriate for the purposes for which these easements have been granted. The responsibility for maintenance will include, but is not limited to, keeping the easement area as free as possible of snow, ice, dirt and debris. The City has the right to do any repairs or maintenance not done by Subdivider or Owners, and assess the fees for such repairs and maintenance to Subdivider and Owners and its successors and assigns. 4. Owners do hereby covenant with the City that they are lawfully seized and possessed of the real estate above described, and Owners have a good and lawful right to convey it, or any part thereof.