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1After recording return to: , City of
, Iowa , County .
EASEMENT FOR PUBLIC ACCESS AND TRAIL KNOW ALL MEN BY THESE PRESENTS:That , (herein called “Grantor”), of the County
of _________________, State of Iowa, in consideration of the sum of $ , to be
paid by the CITY OF , IOWA (herein called “City”), and
other good and valuable consideration, the receipt of which is hereby acknowledged by the
Grantor, does hereby sell, grant and convey unto the City of
,, Iowa, a municipal corporation, perpetual Easements for public access and trail right-of-
way under, over, through, and across the following described real estate:
______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________(legal description)(hereinafter called “Easement Areas”) for access and trail purposes on the surface of saidEasement Areas designated above as “Easement for Public Access and trail” in a mannerthat will permit its free and unobstructed use by pedestrians and non-motorized vehiclesfor the purpose of obtaining access from one property to another and allow the City theright of access, from time to time, determined by the City.This Easement shall be subject to the following terms and conditions:1. ERECTION OF STRUCTURES PROHIBITED: Grantor and its successors and
assigns shall not erect any building, structure or fence over or within the EasementArea without obtaining prior written consent of the City.2. OBSTRUCTIONS PROHIBITED: Grantor and its successors and assigns shall noterect or cause to be placed on the Easement Areas any structure, material, device, thing or
matter, or plant or permit to grow any hedge or other vegetative growth which could
obstruct, impede, or otherwise interfere with the use of the Easement Area as a trail.3. CHANGE OF GRADE PROHIBITED: Grantor and its successors and assigns shall
not change the grade, elevation, or contour of any part of the Easement Area without
obtaining prior written consent of the City. 4. RIGHT OF USE AND ACCESS : The public shall have the privilege of use of the trail,
subject to the __________________Ordinances of _______ applicable to the use of public
walkways and public streets. The City shall have the right of access from any point on the
Easement Area for the purpose of maintenance, repair, replacement, or reconstruction, as
determined by the City, to include removal of any obstructions or structures placed or
erected in the easement area.5. MAINTENANCE AND REPAIR: The maintenance of the trail and the EasementArea is the sole responsibility of the Grantor, and its successors and assigns
26. GROUNDWATER HAZARDS STATEMENT: Grantor represents and warrants that
there are no known wells, solid waste disposal sites, hazardous wastes, underground
storage tanks, or any other similar hazardous conditions adversely affecting the
environment as required by Section 558.69 of the Code of Iowa.Grantor does HEREBY COVENANT with the City that Grantor holds said real estate
described in this Easement by title in fee simple; that Grantor has good and lawful
authority to convey the same; and said Grantor covenants to WARRANT ANDDEFEND the said premises against the lawful claims of all persons whomsoever.Each of the undersigned hereby relinquishes all rights of dower, homestead and
distributive shares, if any, in and to the interests conveyed by this Easement.Words and phrases herein, including acknowledgment hereof, shall be construed as in thesingular or plural number, and as masculine or feminine gender, according to context.Signed this day of , 20 ._____________________________________(Company or individuals’ names)By: _____________________________________ (Signature of Grantor) By: _____________________________________ (Second Grantor’s Signature, if appropriate).___________________________ ___________________________(Name Typed) (Name Typed)(A Notary Public witnesses the signatures and dates, signs, and stamps this document)
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