I-4 - Resolution 2022-070 - A Resolution to Authorize the Mayor and City Clerk to Sign the Real Estate

The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Owner reserves the right to use the Easement Area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted, provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said Easement Area. Any such improvement installed within the easement area, with or without City approval, may be removed by the City without compensation or replacement. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any thereof. Nothing in this Agreement shall be construed to impose a requirement on the Owner to install the original public improvement at issue herein. Nor shall City be deemed acting as the Owner’s agent during the original construction and installation of said improvement. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated as of this __ day of ____________, 2022. CITY OF TIFFIN, IOWA By: ________________________________ Steven Berner, Mayor By: ________________________________ Abigail Hora, City Clerk OWNER William J. Rogers OWNER’s ACKNOWLEDGEMENT STATE OF IOWA ) JOHNSON COUNTY ) ss: This instrument was acknowledged before me on ________________, 2022, by William J. Rogers, unmarried. ____________________________________ Notary Public in and for the State of Iowa CITY’S ACKNOWLEDGMENT