Resolutions-2017-023

STORM WATER AND DRAINAGE EASEMENT AGREEMENT This Storm Water and Drainage Easement Agreement, made and entered into between CLEAR CREEK AMANA COMMUNITY SCHOOL DISTRICT ("Owner"), which expression shall include its successors in interest and assigns, and the CITY OF TIFFIN, IOWA (hereinafter "Beneficiary") which expression shall include its successors in interest and assigns. IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, the Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such storm water lines, pipes, mains, conduits, apparatus, improvements and facilities ("Facilities") as the City shall from time to time elect for conveying storm water with all necessary appliances and fittings, for the use in connection with said pipelines, together with adequate protection therefor, with the right of ingress and egress thereto, over and across the area designated as "Storm Sewer and Drainage Detention Easement #3 1,932 SF, 0.04 AC" and as "Storm Sewer and Drainage Detention Easement #3A 832 SF, 0.02 AC" (collectively hereinafter "Easement Area") as shown on the Easement Plat attached hereto. [For Legal Description See Easement Plat Attached] The Owner further grants to the Beneficiary the following rights in connection with the Easement: 1. The right of grading said easement areas for the full width thereof, and the right from time to time to trim, cut down and clear away all trees and bushes on said Easement Area which now or hereafter in the opinion of the Beneficiary, may be a hazard or may interfere with the exercise of the Beneficiary's rights hereunder in any manner. 2. The Beneficiary shall promptly backfill any trench made by it, and repair any damage caused by the Beneficiary within the Easement Area. Owner and Beneficiary shall be