Approval of Drainage Easement Agreement — E.5

Agenda Item: E-5 Prepared by: Peter J. Gardner, 222 South Linn Street, Iowa City, IA 52240, (319) 338-7551 Return to: Peter J. Gardner, 222 South Linn Street, Iowa City, IA 52240 DRAINAGE EASEMENT AGREEMENT THIS AGREEMENT made and entered into by and between Firing Pin Tiffin RE, LLC, hereinafter referred to as Owner, and the City of Tiffin, Iowa, hereinafter referred to as City. IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, the Owner hereby grants and conveys to the City, an easement for the purposes of surface storm water drainage as well as excavating for and the installation, replacement, maintenance and use of such drainage way lines as the City shall from time to time elect for conveying storm water and all necessary appliances and fittings for use in connection with said lines, together with adequate protection thereof and also a right-of-way with right of ingress and egress thereto, over and across the areas designated as "Drainage Easement" (hereinafter "easement area") as shown on the Easement Exhibit attached hereto. The Owner further grants to the City the following rights in connection with the above: 1. The right of grading said easement area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said easement areas, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away all trees and brush on said easement areas, and on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said areas or may interfere with the exercise of the City's rights hereunder in any manner.