Fill and Sign the Development Design Procedure and Policy Manual City of Form

1 PROPERTY ADJUSTMENT EASEMENT AND RELEASE (Paving Project) For and in consideration of to be paid after acceptance of this instrument by the City Council/Board of Supervisors by warrant made payable to  , and the further consideration of the legal or equitable interest in the property locally known as , , Iowa, and legally described as: _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________does hereby:1. Sell, grant and convey to __________________, Iowa, hereinafter referred to as the "City"/"County", an easement to allow the City/County, its agents, contractors and employees a right of entry in, upon and onto the above described property for the purpose of backsloping and adjusting, if necessary, the driveway and other improvements located thereon in accordance with the City/County Plans and Specifications, now on file in the City/County Clerk's Office, in connection with the paving of __________________; and2. Release the City/County, its agents, contractors and employees from liability and relinquish any claim for damages to the __________________ ; situated on or immediately adjacent to the property described in Paragraph 1 above, arising out of the construction of the improvement above described or the backsloping or adjustments performed in connection therewith; and3. Release the City/County, its agents, contractors and employees from liability and relinquish any claim from damages to the property first hereinabove described arising out of the construction of the improvement above described or the backsloping or other adjustments performed in connection therewith, except such damages as may be caused by any negligent act or omission of the City/County or any of its agents, contractors or employees during the construction of the improvement above described. The foregoing easement and release shall be null and void and of no effect whatsoever unless duly accepted by resolution of the City Council/Board of Supervisors within 90 days from the date of this instrument and shall be subject to the following terms and conditions to which the City/County, upon acceptance of this instrument by the City Council/Board of Supervisors, shall be deemed to have stipulated and agreed:A. The easement allowing entry in, upon and onto the property described in paragraph 1 above shall be in effect only until completion of construction of the improvement above described and the City's/County's performance of its obligations hereunder, which shall be not later than 2 years from the date of City Council/Board of Supervisors acceptance of this instrument. 2B. The easement above described shall include a perpetual easement for lateral support of the improvement above described, and each of the undersigned stipulates and agrees that he will in no way interfere with the backslope, if any, constructed by the City/County so as to diminish the lateral support of such improvement.C. The City/County will grade the street right-of-way in such manner as to permit the installation of sidewalks at proper grade and will grade the parking area in such a manner as will permit the seeding or sodding of the area with hand tools; and (will grade the slope area so that it can be properly maintained) (will construct an adequate retaining wall).D. The City/County will leave a curb drop to facilitate construction of a driveway approach.E. The City/County will perform all work on the improvement above described and all work required to be performed by the City/County under this instrument in a good andworkmanlike manner. Date at , Iowa, this day of , 20 . "I certify that the signatory parties hereto are all of these persons learned to be the owners of the property concerned by the undersigned during negotiations and that ownership has been verified from the files of the City/County Assessment Clerk." Printed Name SignatureDate Printed Name SignatureDate