Fill and Sign the Iowa Easement 497305134 Form

After 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 said Easement Areas designated above as “Easement for Public Access and trail” in a manner that will permit its free and unobstructed use by pedestrians and non-motorized vehicles for the purpose of obtaining access from one property to another and allow the City the right 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 Easement Area without obtaining prior written consent of the City. 2. OBSTRUCTIONS PROHIBITED : Grantor and its successors and assigns shall not erect 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 Easement 1 Area is the sole responsibility of the Grantor, and its successors and assigns 6. GROUNDWATER HAZARDS STATEMEN T: 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 AND DEFEND 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 the singular 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) 2