Resolutions-2004-55

LINN COUNTY RURAL ELECTRIC COOPERATIVE ASSOCIATION UTILITY ELECTRIC EASEMENT The undersigned owner, the City of Tiffin, Iowa, hereafter referred to as Grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby grants unto the Linn County Rural Electric Cooperative Association, an Iowa cooperative association, hereafter referred to as Grantee, a perpetual right-of-way easement for the purposes of constructing, reconstructing, operating, maintaining, upgrading, and removing lines for the transmission and distribution of electric energy and for communication and electrical controls, including the necessary poles, towers, wires, guys, anchors, and other appurtenances, and to permit the attachment thereto of facilities owned by others, together with the right of ingress and egress, under, across, and along the real estate located in Johnson County, Iowa, described as follows: A part of Lot #4 of Bigelow Subdivision and more particularly described as follows: Commencing at the Northeast corner of said Lot #4; thence S01°08'14"E along the East line of said Lot #4 which is also the Westerly right of way line of Highway #380 a distance of 20.25 feet to the point of beginning of this description; thence continuing S01°08'14"E along said East line a distance of 10.12 feet; thence N82°08'46"W a distance of 1075.31 feet; thence S66°03'24"W a distance of 36.58 feet; thence S00°35'40"E a distance of 133.12 feet; thence N89°24'20"E a distance of 5.00 feet; thence S00°35'40"E a distance of 20.00 feet; thence S89°24'20"W a distance of 5.00 feet; thence S00°35'40"E a distance of 447.03 feet to the South line of said Lot #4; thence S86°50'19"W a distance of 15.02 feet; thence N00°35'40"W a distance of 605.23 feet; thence N66°03'24"E a distance of 51.45 feet; thence S82°08'46"E a distance of 1076.58 feet to the point of beginning. The facilities erected hereunder shall remain the property of Grantee. Grantee shall have the right to ingress and egress from the above-described property and make changes and additions in its facilities as it may from time to time deem advisable. Grantee shall have at all times the right to keep the easement clear of all buildings, structures, and other obstructions, and the right to trim, cut down, and remove such trees, brush, saplings, bushes, and undergrowth as may be necessary for the purposes for which this easement is granted. Grantor may use the land within the easement for any purpose not inconsistent with the rights hereby granted, provided such use does not interfere with or endanger Grantee's facilities. Damages caused by Grantee or its agents to the underlying real estate of the Grantor while constructing or maintaining its facilities hereunder shall be remedied by the Grantee.