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A007 - Easement Agreement between Iowa Irrigation Corp and Margaret Smith
4 IOWA IRRIGATION CORP 623 Race St./Cambridge, IA 50046/(515) 383-4577 EASEMENT AGREEMENT A JICMMC IATV WkM SPPJNKUR WHUEPS, the uYiersignad property a Er azn property at �2&0 �U v WHHEAS, the rnl hrsigraed prcperLy aaraer is desirous of i nsm an umbrground autamtic l.a,,n vaterir g system in st-rh prcperty; a-J, ftwther to install sere beta the property 1 i le cr suJaelks and rcad garbs in the City's right-cf-vay, and WHR; 4S, the hies Nianicipal. CbJe requires the property om-Er to maintain said right-of- vay and the City desires to enables its citizens to perfco n said obligation; IT IS ' HR;EFU E AIMM as folloaz: 1. 'the City of Aires, Iotia, (hereinafter City) does herd grant and the rmdersic-wed pL� azaer does hereby accept an eaanent throw ad3aoart City right-cf-�,ay for the purposes of rstalll'm an undergrcund autaiatic l.aAn%ester spru*l; ng systern to be located bett^um the pavarrnt axJD line and property line and located kmadiately abutting f)a C( the pr e described alp. rare of street(s) 2. Said easarent rights shall be inferior and subardirate to the prior riots of the City of Ayres, Io;Aa, and any ex sting cr future easen nts granted to ary utility fly therein; irrluding the City's and Utilities' riots to rraintain existing facilities located therein and any facilities subeeglitly irst-al l ed. F07bmr, the carer vhc) installs the systen shall thweafter be responsible for all costs associated with the installation, umntenance, Mhficatiaz or mroval of the system. Mle City shall bear ro liability for darage to the syst$n from u as zwr source caused. In the ek�ent the system rya] Unctions and ena7gaacY response is needed, the City rray take all necessary action, Quch thereafter shall be billed the systern amp . 3. Said sprinkler system shall be located at or below ground level and shall be cperated so as to rant awe interference with the public's use of the sidal E ks located herein. 4. 'the urr7ersigned property amen, his heirs and assigns agrees to iradami fy grad hold the City hanlless and to prruicb a legal defers and pay all such related costs as against any and all claims x4nch rray arise against the City cr its erplcWes as a result of said sprinkler system being located on said right-of-,Aay. 5. 'This 03-cmmt nay tie hydrated lay m bml agrearEnt of the parties cr by the Directc r Of Public Wc&z far the City of Ares upon 30 days written notice to the PRraRarrry CWNM ! � • Cby 1992 ALAN B. lCORPORATION " ESSEX IRRIGATION ©WA 623 RACE ST. CAMBRIDGE, IOWA 50046 (515) 383-4577