HomeMy Public PortalAboutResolutions_23-34_8/14/2023 RESOLUTION NO. 23-34
Resolution approving Trail Easement Agreements —Phase I
WHEREAS,this Resolution concerns the public acquisition of private real estate for
construction and maintenance of a permanent trail easement and a temporary construction
easement from real estate within the city limits of the City of Marcus, Iowa;
WHEREAS,various parcels of real estate have been identified as a priority for public use
as a permanent public trail which are owned by Roger A. Dentlinger and Susan M.
Dentlinger,husband and wife,West Iowa Telephone Company,Marcus and Amherst
Cemetery Association Incorporated,Most Holy Name of Mary Parish, f.k.a. Holy Name
Roman Catholic Church, Grace Methodist Church,The Royal Apartments, LLC, and the
Marcus Community Fair, Marcus,Iowa;
WHEREAS,these owners have negotiated Trail Easement Agreements with the City of
Marcus, Iowa which are now presented for approval by the City Council by the Marcus
Trails Committee each for the fair market value of$1.00 together with the consideration
provided in the promises provided therein by the City of Marcus, Iowa;
WHEREAS,the easement further obligates the City of Marcus, Iowa to maintain the
easement area, display signage, and restore disturbed real estate according to the
provisions therein;
BE IT FURTHER RESOLVED,the City Council of the City of Marcus, Iowa, does
hereby approve the Trail Easement Agreements with Roger A. Dentlinger and Susan M.
Dentlinger,husband and wife,West Iowa Telephone Company,Marcus and Amherst
Cemetery Association Incorporated,Most Holy Name of Mary Parish, f.k.a. Holy Name
Roman Catholic Church, Grace Methodist Church,The Royal Apartments, LLC, and the
Marcus Community Fair, Marcus, Iowa as described in the attached agreements.
BE IT FURTHER RESOLVED, that this Resolution and Easement Agreement are to be
filed with the Recorder for Cherokee County, Iowa upon execution.
PASSED AND APPROVED this da-i-h y of Gl.AAAusf ,2023.
5e,yz.4"vclf__
Patrick J. Bunt 1VIa6r
ATTEST:
uetiain
City Clerk-Treasurer
2
Attachment: Marcus and Amherst Cemetery Association Trail Easement Agreement
Roger A. Dentlinger and Susan M. Dentlinger Trail Easement Agreement
West Iowa Telephone Company Trail Easement Agreement
Marcus and Amherst Cemetery Association Incorporated Trail Easement
Agreement
Most Holy Name of Mary Parish, fk.a.Holy Name Roman Catholic
Church Trail Easement Agreement
Grace Methodist Church Trail Easement Agreement
The Royal Apartments, LLC Trail Easement Agreement
EASEMENT AGREEMENT
Recorder's Cover Sheet
Preparer Information: Alyssa A.Herbold,427 W Main St,PO Box 100,Cherokee,IA 51012,
Phone: (712)225-3143
Taxpayer Information: Roger A. &Susan M.Dentlinger
Return Address: Alyssa A. Herbold,427 W Main St.,P4 Box 100,Cherokee,IA 51012
Grantors:Roger A. & Susan M.Dentlinger
Grantees: City of Marcus .
Legal Description:
- i
- ._,.-.
STAl'h OF IOWA )
: ss. TRAIL EASEMENT AGREEMENT
CHEROKEE COUNTY )
THIS TRAIL EASEMENT AGREEMENT is made and entered into by and between Roger
A.Dentlinger and Susan M. Dentlinger,husband and wife,"Grantor(s),"and the City of Marcus,
Iowa,"Grantees."
WHEREAS, Grantor is the owner of certain real properties located in Cherokee County,
Iowa,as described below.
WHEREAS,Grantee has requested a permanent easement to construct,use,maintain,and
repair a public trail over said real properties.
WHEREAS,Grantor is willing to grant such easement.
NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of
which are acknowledged hereby,the parties hereby agree as follows:
a. Grantor hereby grants, bargains, sells, transfers, and conveys unto Grantees, their
successors,heirs,and assigns,a perpetual easement to establish,construct,maintain,repair,
and make available for public use a trail approximately fourteen(14)feet in width, lying
on the following described real premises:
The South 14 feet of the East 39 feet of Lot Four(4)Block Three(3)Leavitt's
Third Addition to Marcus,Cherokee County,Iowa.
b. This Easement is subservient to any and all prior Easements of Record.
•
c. This Easement includes the right to install signage in connection with public use of the trail and
the right to mow,cut vegetation or otherwise establish the trail by covering the surface with
stone,wood or other materials.
d. The Grantees may remove the fence during initial construction of the trail. However,the
fence shall be rebuilt by the Grantee at the Grantee's expense. Grantees shall have no
ongoing duty to maintain or repair the fence after it is rebuilt.
e. Public Enters at Own Risk:Persons using the trail do so at their own risk and without any
charge for access. Neither Grantors nor Grantee assume any duty to inspect or maintain
the trail or warn of any defects or dangerous conditions.
f. Recorded Document: This Trail Easement is to be recorded against the Property so as to
be perpetually binding upon the undersigned Grantors and their successors and assigns as
Grantors of the Property.
g. Entire Agreement:This Trail Easement,.together with terms applicable to the trail
included in any conservation easement pertaining to the Property recorded on or about
the date of this Trail Easement,is the entire agreement of Grantors and Grantee
pertaining to the trail and supersedes any other agreements or understandings whether or
not in writing.
h. Defense of Claims: If a trail user asserts a claim for bodily injury or property damage
caused by an unsafe condition on the trail,and the unsafe condition was not the fault of
Grantors or anyone on the Property at the invitation of Grantors,then Grantee agrees to
defend such claim on behalf of both Grantors and Grantee and,if such defense is not
successful,to hold Grantors harmless from any judgment entered against Grantors on
account of such claim. To qualify for the protection offered by Grantee under this
_..__.
i
.
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paragraph,Grantors must abide by the requirements for immunity developed under,or
with respect to,the Iowa Recreational Use Statute. .
IN WITNESS WHEREOF,the parties have executed this Easement Agreement on this
f
/ day of J i/L //-( (,, ,2023.
i
CITY OF MARCUS,IOWA
a q.- A 6fry,1-6- -- ,,,, --_--„: Id Ic-&,9:7Ail--
Roger A.Dentlinger,Owner By:Patrick J. • :•t,Mayor
ht.d.et,ii__ 1/17,, 1.9.1.re-,....z..4_, LP- 8t,-1/1(1 a_ +.1---dAvecj-
Susan M.Dentlinger,Owner , Attest:Robin Harvey,City Clerk
STATE OF IOWA )
ss.
COUNTY OF CHEROKEE )
l r
This instrument was acknowledged before me on this 11 day of J r LQ , 2023, by
J
Roger A.Dentlinger and Susan M.Dentlinger,husband and wife.
kt5 L ROBIN HARVEY L- Ab4 e 1 a' '
= w r Commission Number 817636 Notary Public in and for the State of Iowa. u
'Mlle• �L My Commission expires, June 25,2025
IOWA ,
STATE OF IOWA )
ss.
COUNTY OF CHEROKEE )
This instrument was acknowledged before me on this )5 day of guq(.4 s I .2023.
by Patrick J.Bunt,Mayor,and Robin Harvey,Clerk,of the City of Marcus,Iowa.
4,0tua s.�� JUDY K MEANS aU-e16/ /
..* Commission Number 757309
'owe 1My Comm.Exp.March y Nota{y Public in and for the State of Iowa.
__ ,
i• .G 3
STATE OF IOWA )
: ss. TRAIL EASEMENT AGREEMENT
CHEROKEE COUNTY )
THIS TRAIL EASEMENT AGREEMENT is made and entered into by and between West
Iowa Telephone Company"Grantor(s)," and the City of Marcus, Iowa, "Grantees."
WHEREAS, Grantor is the owner of certain real properties located in Cherokee County,
Iowa, as described below.
WHEREAS, Grantee has requested a permanent easement to construct,use,maintain, and
repair a public trail over said real properties.
WHEREAS, Grantor is willing to grant such easement. •
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are acknowledged hereby, the parties hereby agree as follows:
•a. Permanent Easement: Grantor hereby grants,bargains, sells,transfers, and conveys unto
Grantees, their successors, heirs, and assigns, a perpetual easement to establish, construct,
maintain,repair, and make available for public use a trail approximately fourteen(14)feet
in width, lying on the following described real premises:
East 14 feet of the West 19 feet of a tract of land located in the Northeast Quarter
(NE1/4) of the Southeast Quarter (SE 1/) of Section 4, Township 92 North, Range 42
West, Cherokee County, Iowa, more completely described as follows: Commencing
at the Southeast(SE) Corner of Northeast Quarter (NE 1 ) of the Southeast Quarter
(SE 1 ) of said Section 4,thence N 00°00'00"W 882.52 feet along the East Line of the
SE lh of said Section 4 to the SE Corner of a tract of land as recorded in Land Deed
Book No. 61, Page No. 915 at the Cherokee County Recorder's Office, Cherokee,
Iowa; thence S 89°20'00" W 296.20 feet along the South Line of said recorded tract
to the SW Corner of said recorded tract and to a point on the South Line of a tract of
A
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land recorded in Land Deed Book No. 59,'Page No. 915 to the Point of Beginning.
Note: The East Line of the SE 1/4 is assumed to bear due North and South.
b. Temporary Construction Access Easement. Further, Grantor grants to Grantee a
Temporary Construction Access Easement providing the City the right of access to the
above-described real estate and have all rights of ingress and egress reasonably necessary
for the use and enjoyment of the easement area,which is legally described:
Over the West 21 feet of a tract of land located in the Northeast Quarter (NE1/4) of
the Southeast Quarter (SE Y4) of Section 4, Township 92 North, Range 42 West,
Cherokee County,Iowa, more completely described as follows: Commencing at the
Southeast(SE) Corner of Northeast Quarter(NE 1/),of the Southeast Quarter(SE'/4)
of said Section 4,thence N 00°00'00"W 882.52 feet along the East Line of the SE 1 of
said Section 4 to the SE Corner of a tract of land as recorded in Land Deed Book No.
61,Page No. 915 at the Cherokee County Recorder's Office, Cherokee,Iowa; thence
S 89°20'00" W 296.20 feet along the South Line:of said recorded tract to the SW
Corner of said recorded tract and to a point on the South Line of a tract of land
recorded in Land Deed Book No. 59, Page,No. 915 to the Point of Beginning. Note:
The East Line of the SE Y4 is assumed to bear due North and South.
After construction or future maintenance,the_City, its successors and assigns,
agrees.to restore the described..land to substantially the'.same condition as prior to
entry,which shall include the restoration of lawns by sodding or seeding;
replacement or repair of the damaged:portion of concrete or asphalt driveways
removed for grading or,access purposes;replacement of fences or other structures
removed or damaged by the City, its successors.and assigns, during the course of
construction,with exception of the following:. NONE.
ii. TERM: The Temporary Construction Access Easement shall be terminated
without further requirement of filing on December.31, 2024..
c. This Easement is subservient to any and all prior Easements of Record.
d. This Easement includes the right to install signage in connection with public use of the trail and
the right to mow,cut vegetation or otherwise establish the trail by covering the surface with
stone,wood or other materials.
a.
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3
e. Public Enters at Own Risk: Persons using the trail do so at their own risk and without any
charge for access. Neither Grantors nor Grantee assume any duty to inspect or maintain
the trail or warn of any defects or dangerous conditions.
f. Recorded Document: This Trail Easement is to be recorded against the Property so as to
be perpetually binding upon the undersigned Grantors and their successors and assigns as
Grantors of the Property.
g. Entire Agreement: This Trail Easement,together with terms applicable to the trail
included in any conservation easement pertaining to the Property recorded on or about
the date of this Trail Easement,is the entire agreement of Grantors and Grantee
pertaining to the trail and supersedes any other agreements or understandings whether or
not in writing.
h. Defense of Claims: If a trail user asserts a claim for bodily injury or property damage
caused by an unsafe condition on the trail,and the unsafe condition was not the fault of
Grantors or anyone on the Property at the invitation.of Grantors,then Grantee agrees to
defend such claim on behalf of both Grantors and Grantee and, if such defense is not
successful,to indemnify and hold Grantors harmless from.any judgment entered against
Grantors on account of such claim. To qualify for the protection offered by Grantee
under this paragraph, Grantors must abide by the requirements for immunity developed
under, or with respect to,the Iowa Recreational Use Statute.
4
IN WITNESS WHEREOF,the parties have executed this Easement Agreement on this
215�l day of 0--a /kV , 2023.
a
A
WE WA�TELEH0NE COMPANY CITY OF MARCUS, IOWA
/ ud�/(/(K/ I- _ /��%/� 7J7./'i' A. Z-0—&_, -
!//i
=%y: Robert Gann By: Patrick J. Buis, Mayor
L-R-0-64-Ana:Ttraveid.
Attest: Robin Harvey, City Clerk
STATE OF IOWA )
ss.
COUNTY OF CHEROKEE ) •_
This instrument was acknowledged before me on this a0 day of J , 2023, by
u
Robert Gannon, CEO.
�. t :s, MI, KLSON
4444 OVWSI ' 4flik A . 4,,e,,,
��.�,,��r,�-:. `: ��5 I d.2`b�. Notary Public in and for the State of Iowa.
STATE OF IOWA )
ss.
COUNTY OF CHEROKEE )
This instrument was acknowledged before me on this 1 S day of 4/44'US f ,2023.
by Patrick J. Bunt,Mayor,and Robin Harvey, Clerk, of the City of Marcus, Iowa.
A! l/���i� \ .1 l ,
_�� sF� JUDY K MEANS
x� Commission Number 757309 Notary Public in and for the State of Iowa.
,opa My Comm.Exp.Marche A.'U/
,
•
-- ,
•
STATE OF IOWA )
: ss. TRAIL EASEMENT AGREEMENT
CHEROKEE COUNTY )
THIS TRAIL EASEMENT AGREEMENT is made and entered into by and between
Marcus and Amherst Cemetery Association Incorporated, "Grantor," and the City of
Marcus,Iowa,"Grantees."
WHEREAS, Grantor is the owner of certain real properties located in Cherokee County,
Iowa, as described below.
WHEREAS, Grantee has requested a permanent easement to construct,use,maintain,and
repair a public trail over said real properties.
WHEREAS, Grantor is willing to grant such easement.
NOW, THEREFORE,for good and valuable consideration, the receipt and sufficiency of
•
which are acknowledged hereby,the parties hereby agree as follows:
a. Permanent Easement:Grantor hereby grants,bargains,sells,transfers, and conveys unto
Grantees,their successors,heirs,and assigns,a perpetual easement to establish,construct,
maintain,repair, and make available for public use a trail approximately fourteen(14)feet
in width,lying on the following described real premises:
A parcel of land described as being a part of the Northeast Quarter of the Southeast •
Quarter of Section 4,Township 92 North,Range 42 West of the 5th P.M.,City of
Marcus,Cherokee County,Iowa,further described as follows:
Commencing at the Northwest Corner of the NE1/4 of the SE1/4 of said Section 4;
thence S 88°53'23" E on the North line of the NE1/4 of the SE1/4 of said Section 4, a
distance of 438.21; thence S 01°50'06" W,a distance of 282.77 feet to the POINT OF
2
BEGINNING;thence continuing S 01°50'06"W a distance of 14.00 feet to a point
on the Northerly line of Country View Subdivision,First Addition,thence S
88°52'54" E on said Northerly line and the Easterly extension thereof, a distance of
477.63 feet; thence N 01°51'20" E,a distance of 14.00;thence N 88°52'54",a
distance of 477.63 feet to the POINT OF BEGINNING; contains 6,690 Square Feet
and is subservient to any and all prior Easements.
For this Survey,the North line of the NE1/4 of the 8E1/4 of said Section 4 is
assumed to bear S 88°53'23" E.
b. An Acquisition Plat of Permanent Trail Easement is attached hereto and incorporated by
this reference as Exhibit 1.
c. Temporary Construction Easement. Further,Grantor grants to Grantee a Temporary Construction
Easement providing the City the right of access to the above-described real estate and have all
rights of ingress and egress reasonably necessary for the use and enjoyment of the easement area,
which is described in the Acquisition Plat of Temporary Construction Easement attached hereto
and incorporated by this reference as Exhibit 2:
i. After construction or future maintenance,the City,its successors and assigns,agrees to
restore the described land to substantially the same condition as prior to entry,which
shall include the restoration of lawns by sodding or seeding;replacement or repair of the
damaged portion of concrete or asphalt driveways removed for grading or access
•
purposes;replacement of fences or other structures removed or damaged by the City,its
successors and assigns,during the course of construction,with exception of the
following: NONE.
ii. TERM:The Temporary Construction Easement shall be terminated without further
requirement of filing on December 31,2024.
d. This Easement is subservient to any and all prior Easements of Record.
e. This Easement includes the right to install signage in connection with public use of the trail and
•
the right to mow,cut vegetation or otherwise establish the trail by covering the surface with
stone,wood or other materials.
3
f. Public Enters at Own Risk: Persons using the trail do so at their own risk and without any
charge for access. Neither Grantors nor Grantee assume any duty to inspect or maintain
the frail or warn of any defects or dangerous conditions.
g. Recorded Document: This Trail Easement is to be recorded against the Property so as to
be perpetually binding upon the undersigned Grantors and their successors and assigns as
Grantors of the Property.
h. Entire Agreement:This Trail Easement,together with terms applicable to the trail
included in any conservation easement pertaining to the Property recorded on or about
the date of this Trail Easement,is the entire agreement of Grantors and Grantee
pertaining to the trail and supersedes any other agreements or understandings whether or
not in writing.
i. Defense of Claims: If a trail user asserts a claim for bodily injury or property damage •
caused by an unsafe condition on the trail,and the unsafe condition was not the fault of
Grantors or anyone on the Property at the invitation of Grantors,then Grantee agrees to
defend such claim on behalf of both Grantors and Grantee and,if such defense is not
successful,to hold Grantors harmless from any judgment entered against Grantors on
account of such claim. To qualify for the protection offered by Grantee under this •
paragraph,Grantors must abide by the requirements for immunity developed under,or
with respect to,the Iowa Recreational Use Statute.
*blank intentionally*
4
IN WITNESS WHEREOF,the parties have executed this Easement Agreement on this
2/ Si-day of JuhU , 2023.
J
MARCUS AND AMHERST CEMETERY CITY OF MARCUS,IOWA
ASSOCIATION,INCORPORATED �j-- d
2/n>cifilkef2A.411'L
9e-K,/,,,,7-----
By:David Pearson,President By:-Patrick J.BuneMayor
, y/otaid , si
uPD-ti4r, a scP6,0e,t6t-
By:Thomas Leavitt, Secretary Attest:Robin Harvey, City Clerk
• STATE OF IOWA )
ss.
COUNTY OF CHEROKEE ) 11
This instrument was acknowledged before me on this 2( day of ,/ ,2023,by
David Pearson,President of Marcus and Amherst Cemetery Association,Incorporated.
cir. GRANT THOMAS LEAVITT
I; ;,4*j IA
S Commission Number 807998
r; MYCO MISSION
'If �,F�XPIRES No 'ry Public in and for the State of Iowa.
STATE OF IOWA )
ss.
COUNTY OF CHEROKEE )
,�j
This instrument was acknowledged before me on this ' day of v 1.0 ,2023,by
Thomas Leavitt, Secretary of Marcus and Amherst Cemetery Association,Incorporated.
' ;(1-. .--Off--- .
Notary Public in and for the State of Iowa.
LI... GRANTTHOMAS. --• -:..:
Commission Number8�'°err?
807 .,
p. MI N EXPI;,1r:
�_._.
5
STATE OF IOWA )
ss.
COUNTY OF CHEROKEE )
This instrument was acknowledged before me on this ;5 fa'day of q u s f ,2023.
by Patrick J.Bunt,Mayor,and Robin Harvey, Clerk,of the City of Marcus,Iowa.
•
=�41Af j:e JUDY K MEANS I�
y . Commission Number 757309 Ndta Public in and for the State of Iowa.
iurr� . My Comm.Exp.March$ ,2o2? �'
C
Index Legend
Location: Section 4,Township 92N,Range 42W,NE1I4 5E1I4
Requester:City of Marcus
Proprietor.Marcus&Amherst Cemetery Assoc.Inc,
Surveyor. David L.Wilberdtng
Surveyor
Company: PSS Inc,
Return To:David L Wllberding,#8 Brady Drive,Cherokee,IA 51012
pss@surveylawa.com I(712)548.6325
MARCUS, IOWA
ACQUISITION PLAT
'COUNTY CHEROKEE ROAD NO. N/A
PROTECT NO. NIA PARCEL NO. 1
SECTION 4 TOWNSHIP 92 NORTH RANGE 42 WEST
ROW -FEE Sq.Ft. PERMANENT EASEMENT 6.690 Sq.Ft.
ACQUIRED FROM: Marcus&Amherst Cemetery Msoc.Inc.-200 Crestview Drive-Box 131-Marcus,IA 51035
_ =Permanent Trail Easement Area EXHIBIT
X.
a
NWOor.
NE114SE1(4 '
See 4a2-02 92-4
Fd.1,ImnPin Seo.4-
NECor.SEM
Fd.r 3.10'Nos h of W\
Fd.4-Nab
11
888'5323'E 43821'—a S88°53'23'E Northlne--0" v
NE1k18E114 8&1.88' ,
SEC4.9242 h
THE PERMANENT TRAIL EASEMENT GRANTED IS TO LAND DESCRIBED AS FOLLOWS:
A parcel of land described anteing a part of the Northeast Quarter of the Southeast Quarter of Section 4,Township 92
North,Range 42 West of the 5th P11,City of Marcus,Cherokee County,lava,further described as folbws: •
o I` Commendng at the Northwest Comer of the NEW of the SEI/4 of said Section 4;thence S 85'5323'E on the North
8 fineof the NE114of the SE1(4atsald Section 4,a distance of43121;thence S01'50'06'W,adrstanceof282.77feet
N to the POINT OF BEGINNING;thencecontnuingS01°50'06°Wa distance of14.00 feet toapofnton the Northerly the
of CourtylliewSubcfwision,First Arlifition,thence S 813°527:4°E en said Northerly gee and the Easterly extension
thereof,a distance of 477.62 feet thence N 01°5120°E,adsiarweof 14.00;thence N 88'5254',a distance n{on752 •feet to the POINT OF BEGINNING;contains 6,690 Square Feet and Is subservient to any and a8 prior Easements.
F rfdsSurvey,theNodhtnsoftheNE114oftheSE1f4ofsaidSecdan4lsassumedtobears88°532FE.
P.O.B. i
S 01°60'O6'w N 88'02S4'W 477.62' N 01'5120°E
14AP - S 88°59'54'F. .. • ;477.6P 14,00'
263 150,06 Lot-4150.07 "� 155,95`
Lin 1--Lot
}ems
j j Line
Lot 3 Wi Lot 4 r.sP b6 Lot 5
�, 1a h
I I
S ° 150.05'i 5:0:°OWYE 149.98' }588 40'02'E
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N I hereby certify that this land surveying ; 1,� I L B,��,�
/ document was prepared and the related
...�,&IV .�,d
my direct personal supervision and that I : ti S#• .•'•
am a duly Licensed Land Surveyor under - . 9 cy; t
E the laws of the State of Iowa. -`� 10315 '
...... a4laurs: .h��r.� J ?fir-a..-A -rrs• •PL9
David L. Wilberding License Not 10315 Data �`
r My License renewal date is December 31, 2023 ��' °•;r0 w A.°' ��
/ Pages or sheets covered by this seal: i ,9A,, ••.., • �-y
S d
'I1 t t S'UI •
R�1,
I
O=Fd.1t2'Behar wlBbe Cap&10:415 S S
-Fd5f8°RebarWA'cIbvCapt16413 n n
0 50 '°° �` PSS Inc, `.O=Fd.518°ReherWlYeibrrCap 714052 `c � 'Q�
•=Computed Point-Nothing Set
SCALE 1"=100' Date Drawn Jutr 17111,2023 501 West Elan Cherokee,Iowa 51012
Revised Phone 712.548.6325—Email dave@surveyiowa.com
C. a
Index Legend
Locales: Section 4,Township 92N,Range 42W,NE114 SE114
Requester.City of Marcus
Proprietor.Marcus&Amherst Cemetery Assoc.Inc.
Surveyor. David L.Wltberding
Surveyor
Company: P5S Inc.
Return To:David L.Wllberding,#8 Brady Drive,Cherokee,IA 51012
pss@surveylowa.com I(712)548.8325
MARCUS, IOWA
ACQUISITION PLAT
• NTY CHEROKEE ROAD NO. NIA
PROJECT NO. NIA PARCEL NO. 1
•N 4 • TOWNSHIP 92 NORTH RANGE 42 WEST
TEMPORARY CONSTRUCTION EASEMENT 3,870 Sq.Ft. PERMANENT EASEMENT So.Ft.
ACQUIRED FROM: Marcus&Amherst Cemetery Assoc.Inc,-200 Crestview Drive-Box 131-Marcus,IA51035
a Temporary Construction Easement Area EXHIBIT
.4
a
NW Car.
NE114 SE1f4
See.4-92-42 Fd,1°Iran PinNECor,SE114
FdU
3,10 No Sec,Sec,4N-02
Fd PKNat
53'23`E 438.21'—>'c.-- S arms'E Nalh Una---0"
NE114 SEI14 M4'
SEC 4.92-42
TEMPORARY CONSTRUCTION EASEMENT
A parcel of land desarbed as being a pad of the Northeast Quarter of the Southeast Quarter of Sullen 4,Township 92
Nodh,Range 42 West's(the 591 P.M,Ctyof Marcus,Cherokee County,Iowa.
Contains 6,690 Square Feet and Is subservient to any and all prior Easements.
For this Survey,the Nod Eno of the NE1/4 of ihaSE114 of saki SecBon 41s assumed to bear S 8813'23°E.
P
F
s
so
2N5de-Abuts
.r—N88°5254'W g da•Abu� P Sanest Easement
s orscan y •• —PermaneN Fa scan,:.'... 47Z82—�
14AUL
N01°5120'E
f5Q07 4771i2 15E98 I—Lot 19•. Li2 L t 4 Lot 5 I s88° E 149.98' ill S8840u2'E 16249'
o• I hereby certify that this land surveying ;'y. w I B41'+, i
document was prepared and the related •.• •••.411
survey work was performed by me or under ♦.'S• ,• C E Nyy •Q
my direct personal supervision and that I e 'S. '44• e.
t_r,;), am a duly Licensed Land Surveyor under —Rf • °-1 O; 7` .
■i �` the laws of the State of Iowa,fE 'Q 10315
.�•� David L. Wi1berding License42o. 10315 Date °
My License renewal date is December 31, 2023 e. °. d'O ''•.
Pages or sheets covered by this seal: 1 te-'9� , pl•..
O
Q=Fd.1r2'Reber Mitre Cap#10315 S S
0 50 100 =Fd,61B'RebarWtyelbw Cap if16413 Gf—VP� PSS Ines
0=Fd5f8°RebarWITe�w 414052 Grr
I =Computed Point-Nothing Set
SCALE 1"=100' Date Drawn July 17th,2023 501 West Elm—Cherokee,Iowa 51012
Revised Phone 712.548.6325^'Email dave@surveyiowa.com
_—
s�y
STATE OF IOWA )
: ss. TRAIL EASEMENT AGREEMENT
CHEROKEE COUNTY )
THIS TRAIL EASEMENT AGREEMENT is made and entered into by and between Most
— -- - Holy Name-of Mary Parish,-f k-a: Holy Name Roman Catholic Church, "Grantor-,"and-the-Gity of --s- --_-
Marcus, Iowa, "Grantees."
WHEREAS, Grantor is the owner of certain real properties located in Cherokee County,
Iowa, as described below.
WHEREAS, Grantee has requested a permanent easement to construct, use,maintain, and
repair a public trail over said real properties.
WHEREAS, Grantor is willing to grant such easement.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are acknowledged hereby,the parties hereby agree as follows:
a. Permanent Easement: Grantor hereby grants, bargains, sells, transfers, and conveys unto
--Grantees,their successors,-heirs,-and-assigns,, perpetual easement to-establish,-construct,_
maintain,repair, and make available for public use a trail approximately fourteen(14)feet
in width, lying on the following described real premises:
The West 15 feet and the South 14 feet of the West 438.17 feet(measured at a right
angle) of a Parcel of Land (described in Land Deed Book 59,Page 225,in the
Cherokee County Recorder's office) in the Northeast Quarter of the Southeast
Quarter of Section 4, Township 92 North,Range 42 West of the 5th P.M., City of
Marcus, Cherokee County,Iowa
AND
3=�
2
The West Fifteen(15) feet of West Five (5) acres of the South Fifteen (15) acres of
the Southeast quarter(SE '/) of the Northeast quarter(NE 1/4) of Section Number
Four(4). Township Number Ninety-two (92) North of Range Number Forty-two
(42)West of the Fifth Principal Meridian.
b. Temporary Construction Access Easement. Further, Grantor grants to Grantee a Temporary
Construction Access Easement providing the City the right of access to the above-described real
estate and have all rights of ingress and egress reasonably necessary for the use and enjoyment of
the easement area,which is legally described:
The East 4 feet of the West 19 feet and the North 8 feet of the South 22 feet of the
West 438.17 feet(measured at a right angle) of a Parcel of Land (described in Land
Deed Book 59,Page 225, in the Cherokee County Recorder's office) in the Northeast
Quarter of the Southeast Quarter of Section 4, Township 92 North,Range 42 West
of the 5th P.M., City of Marcus, Cherokee County,Iowa
AND
The East Four(4) feet of the West Nineteen (19)feet of the West Five (5) acres of the
South Fifteen (15) acres of the Southeast quarter(SE Y4) of the Northeast quarter
(NE '/) of Section Number Four(4). Township Number Ninety-two (92)North of
Range Number Forty-two (42)West of the Fifth Principal Meridian.
i. After construction or future maintenance,the City,its successors and assigns, agrees to
restore the described land to substantially the same condition as prior to entry,which
shall include the restoration of lawns by sodding or seeding;replacement or repair of the
damaged portion of concrete or asphalt driveways removed for grading or access
purposes;replacement of fences or other structures removed or damaged by the City, its
successors and assigns,during the course of construction,with exception of the
following: NONE.
ii. 11RM: The Temporary Construction Access Easement shall be terminated without
further requirement of filing on December 31,2024.
c. This Easement is subservient to any and all prior Easements of Record.
3
d. This Easement includes the right to install signage in connection with public use of the trail and
the right to mow, cut vegetation or otherwise establish the trail by covering the surface with
stone,wood or other materials.
e. The Grantees may remove the fence during initial construction of the trail. However,the
fence shall be rebuilt by the Grantee at the Grantee's expense. Grantees shall have no
ongoing duty to maintain or repair the fence after it is rebuilt.
f. Grantees shall be responsible for tree removal during initial construction of the trail, and
shall hold the Grantor harmless for any damages incurred outside the Easement area for
which said removal is the proximate cause of such damages.
g. Public Enters at Own Risk: Persons using the trail do so at their own risk and without any
charge for access. Neither Grantors nor Grantee assume any duty to inspect or maintain
the trail or warn of any defects or dangerous conditions.
h. Recorded Document: This Trail Easement is to be recorded against the Property so as to
be perpetually binding upon the undersigned Grantors and their successors and assigns as
Grantors of the Property.
i. Entire Agreement: This Trail Easement,together with terms applicable to the trail
included in any conservation easement pertaining to the Property recorded on or about
the date of this Trail Easement, is the entire agreement of Grantors and Grantee
pertaining to the trail and supersedes any other agreements or understandings whether or
not in writing.
j. Defense of Claims: If a trail user asserts a claim for bodily injury or property damage
caused by an unsafe condition on the trail, and the unsafe condition was not the fault of
Grantors or anyone on the Property at the invitation of Grantors,then Grantee agrees to
defend such claim on behalf of both Grantors and Grantee and, if such defense is not
4
successful,to hold Grantors harmless from any judgment entered against Grantors on
account of such claim. To qualify for the protection offered by Grantee under this
paragraph, Grantors must abide by the requirements for immunity developed under, or
with respect to,the Iowa Recreational Use Statute.
IN WITNESS WHEREOF,the parties have executed this Easement Agreement on this
.30 day of Q t tee , 2023.
--
MOST HOLY NAME OF MARY, f.k.a. CITY OF MARCUS, IOWA
HOLY NAME ROMAN CATHOLIC CHURCH
a.
By: Bishop R. Walker Nickless, President By: Patrick J. BA Mayor
/9486.1.47.\.
a.
Avt.itmiur
By: Father Timothy A' Pick, Secretary Attest: Robin Harvey, City Clerk
STATE OF IOWA )
ss.
COUNTY OF CHEROKEE )
This instrument was acknowledged before me on this 3o day of , 2023, by
Bishop R. Walker Nickless, President of Most Holy Name of Mary, f.k.a. Holy Name Roman
Catholic Church.
41Naltkk
" OEi�RI►aCONLEY Notary Public in and for the State Iowa.6
4 Coniniitsiae Numb.,744339
• • I�Ay C, h expires.
IOWA Deoemb/r 11,2024
Chi.
y k .
5
STATE OF IOWA )
ss.
COUNTY OF CHEROKEE )
This instrument was acknowledged before me on this :50 day of , 2023, by
Father Timothy A.Pick,Secretary of Most Holy Name of Mary,fk.a.Holy Name Roman Catholic
Church. � ✓
PC S
o DEBRA S CONLEY
Z ^.T . Commission Number 744339
My Commission expires
IOWA t - December 11,2024LAW‘e.-- -
. Qt-Kb-SLUt
Notary Public in and for the State of Iowa.
STATE OF IOWA )
ss.
COUNTY OF CHEROKEE )
This instrument was acknowledged before me on this /5.44`day of auc,ccs #' .2023.
by Patrick J. Bunt,Mayor, and Robin Harvey, Clerk, of the City of Marcus, Iowa.
0
VI ses JUDY K MEANS
* * Commission Number 757309 /� Lrlie- 6
,�WP My Comm.Exp.Marci�,3o'� Not/fry Publidin and for the State of Iowa.
STATE OF IOWA )
: ss. TRAIL EASEMENT AGREEMENT
CHEROKEE COUNTY )
THIS TRAIL EASEMENT AGREEMENT is made and entered into by and between The
Royal Apartments, "Grantor(s),"and the City of Marcus, Iowa, "Grantees."
WHEREAS, Grantor is the owner of certain real properties located in Cherokee County,
Iowa, as described below.
WHEREAS, Grantee has requested a permanent easement to construct,use,maintain, and
repair a public trail over said real properties.
WHEREAS, Grantor is willing to grant such easement.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are acknowledged hereby,the parties hereby agree as follows:
a. Permanent Easement: Grantor hereby grants,bargains, sells,transfers, and conveys unto
Grantees,their successors, heirs, and assigns, a perpetual easement to establish, construct,
maintain,repair, and make available for public use a trail approximately fourteen(14)feet
in width, lying on the following described real premises:
The North 14 feet of the South 29 feet of Lots One (1) and Two (2) of Ebert Addition
to Marcus, City of Marcus, Cherokee County, Iowa
2
b. Temporary Construction Access Easement. Further, Grantor grants to Grantee a Temporary
Construction Access Easement providing the City the right of access to the above-described real
estate and have all rights of ingress and egress reasonably necessary for the use and enjoyment of
the easement area,which is legally described:
The North 24 feet of the South 37 feet of Lots One(1) and Two (2) of Ebert Addition
to Marcus, City of Marcus, Cherokee County,Iowa.
i. After construction or future maintenance,the City, its successors and assigns,agrees to
restore the described land to substantially the same condition as prior to entry,which
shall include the restoration of lawns by sodding or seeding;replacement or repair of the
damaged portion of concrete or asphalt driveways removed for grading or access
purposes;replacement of fences or other structures removed or damaged by the City, its
successors and assigns,during the course of construction,with exception of the
following: NONE.
ii. TERM: The Temporary Construction Access Easement shall be terminated without
further requirement of filing on December 31,2024.
c. This Easement is subservient to any and all prior Easements of Record.
d. This Easement includes the right to install signage in connection with public use of the trail and
the right to mow, cut vegetation or otherwise establish the trail by covering the surface with
stone,wood or other materials. Said signage shall not be located greater than 10 feet off the
public right-of-way abutting the premises described herein.
e. The Grantees may remove the fence during initial construction of the trail. However,the
fence shall be rebuilt by the Grantee at the Grantee's expense. Grantees shall have no
ongoing duty to maintain or repair the fence after it is rebuilt.
3
f. Public Enters at Own Risk: Persons using the trail do so at their own risk and without any
charge for access. Neither Grantors nor Grantee assume any duty to inspect or maintain
the trail or warn of any defects or dangerous conditions.
g. Recorded Document: This Trail Easement is to be recorded against the Property so as to
be perpetually binding upon the undersigned Grantors and their successors and assigns as
Grantors of the Property.
h. Entire Agreement: This Trail Easement,together with terms applicable to the trail
included in any conservation easement pertaining to the Property recorded on or about
the date of this Trail Easement, is the entire agreement of Grantors and Grantee
pertaining to the trail and supersedes any other agreements or understandings whether or
not in writing.
i. Defense of Claims: If a trail user asserts a claim for bodily injury or property damage
caused by an unsafe condition on the trail, and the unsafe condition was not the fault of
Grantors or anyone on the Property at the invitation of Grantors,then Grantee agrees to
defend such claim on behalf of both Grantors and Grantee and,if such defense is not
successful,to hold Grantors harmless from any judgment entered against Grantors on
account of such claim. To qualify for the protection offered by Grantee under this
paragraph, Grantors must abide by the requirements for immunity developed under, or
with respect to,the Iowa Recreational Use Statute.
IN WITNESS WHEREOF,the parties have executed this Easement Agreement on this
day of NA qv C;-C , 2023.
THE ROYAL APARTMENTS, L.L.C. . CITY OF MARCUS, IOWA
4
l -k;,_k,c1\• s%. '' ')/ C.L'e ? a' eitg---- -
By:An:thp Don, Owner By: Patrick J. Bunt(Mayor
4-b-biin 4. 14-giweq--
,
Attest: Robin Harvey, City Clerk
STATE OF IOWA )
: ss.
COUNTY OF CHEROKEE )
This instrument was acknowledged before me on this q day of alkQtA,S+ , 2023,by
V
Phillip Don, Owner of the Royal Apartments,L.L.C.
upgi. a. hibute,i,
O�pR�C s ROBIN HARVEY Notary Public in and for the State of Iowa
z i. Commission Number 817636
=-•�� My Commission expires
...." •
IOWA June 25,2025
�
STATE OF IOWA )
ss.
COUNTY OF CHEROKEE )
This instrument was acknowledged before me on this I s+h day of A q U 5 71' ,2023.
J
by Patrick J. Bunt, Mayor, and Robin Harvey, Clerk, of the City of Marcus, Iowa.
9
=ataAt re` JUDY K MEANS /i"C
Commission Number _ ..
* * My Comm.Exp.Marci,'�a
'�wA Notary ublic iriand for the State of Iowa.
I
,
EASEMENT AGREEMENT
Recorder's Cover Sheet
Preparer Information: Alyssa A.Herbold,427 W Main St,PO Box 100,Cherokee,IA 51012,
Phone: (712)225-3143
Taxpayer Information: Marcus Community Fair
Return Address: Alyssa A.Herbold,427 W Main St.,PO Box 100,Cherokee,IA 51012
Grantors: Marcus Community Fair,an Iowa Non-Profit Corporation
Grantees: City of Marcus
Legal Description:
STATE OF IOWA )
: ss. TRAIL EASEMENT AGREEMENT
CHEROICEE COUNTY )
THIS TRAIL EASEMENT AGREEMENT is made and entered into by and between
Marcus Community Fair, an Iowa Non-Profit Corporation "Grantor," and the City of Marcus,
Iowa, an Iowa Municipal Corporation"Grantees."
WHEREAS,Grantor is the owner of certain real properties in the City of Marcus,Cherokee
County,Iowa which are suitable for public use as a public trail.
WHEREAS,Grantee has requested a permanent easement to construct,use,maintain,and
repair a public trail over said real properties.
WHEREAS, Grantor is willing to grant such easement.
NOW,THEREFORE, for good and valuable consideration,the receipt and sufficiency of
which are acknowledged hereby,the parties hereby agree as follows:
a. Permanent Easement: Grantor hereby grants,bargains,sells,transfers, and conveys unto
Grantees,their successors,heirs,and assigns,a perpetual easement to establish, construct,
maintain,repair,and make available for public use a trail approximately eighteen(18)feet
in width, lying as identified and described as the "Permanent Easement" in the Survey of
Permanent Easement attached hereto and incorporated by this reference as Exhibit 1.
b. Temporary Construction Access Easement. Further, Grantor grants to Grantee a Temporary
Construction Access Easement providing the City the right of access to the above-described real
estate and have all rights of ingress and egress reasonably necessary for the use and enjoyment of
2
the easement area, lying as identified and described as the "Temporary Easement #1" and
"Temporary Easement #2" in the Survey of Permanent Easement attached hereto and
incorporated by this reference as Exhibit 1.
i. After construction or future maintenance,the City,its successors and assigns,agrees to
restore the described land to substantially the same condition as prior to entry,which
shall include the restoration of lawns by sodding or seeding;replacement or repair of the
damaged portion of concrete or asphalt driveways removed for grading or access
purposes;replacement of fences or other structures removed or damaged by the City,its
successors and assigns,during the course of construction,with exception of the
following: NONE.
ii. TERM:The Temporary Construction Access Easement shall be terminated without
further requirement of filing on December 31,2024.
c. This Easement is subservient to any and all prior Easements of Record.
d. This Easement includes the right to install signage in connection with public use of the trail and
the right to mow,cut vegetation or otherwise establish the trail by covering the surface with
stone,wood or other materials.
e. Public Enters at Own Risk: Persons using the trail do so at their own risk and without any
charge for access. Neither Grantors nor Grantee assume any duty to inspect or maintain •
the trail or warn of any defects or dangerous conditions.
f. Recorded Document: This Trail Easement is to be recorded against the Property so as to
•
be perpetually binding upon the undersigned Grantors and their successors and assigns as
Grantors of the Property.
g. Entire Agreement:This Trail Easement,together with terms applicable to the trail
included in any conservation easement pertaining to the Property recorded on or about
the date of this Trail Easement,is the entire agreement of Grantors and Grantee
F.- _ ___ _
3
pertaining to the trail and supersedes any other agreements or understandings whether or
not in writing.
h. Defense of Claims: If a trail user asserts a claim for bodily injury or property damage
caused by an unsafe condition on the trail,and the unsafe condition was not the fault of
Grantors or anyone on the Property at the invitation of Grantors,then Grantee agrees to
defend such claim on behalf of both Grantors and Grantee and,if such defense is not
successful,to hold Grantors harmless from any judgment entered against Grantors on
account of such claim. To qualify for the protection offered by Grantee under this
paragraph,Grantors must abide by the requirements for immunity developed under,or
with respect to,the Iowa Recreational Use Statute.
IN WITNESS WHEREOF,the parties have executed this Easement Agreement on this
day of Vl l / ,2023.
MARCUS COMMUNITY FAIR CITY OF MARCUS,IOWA
/2Z-i
By:Kirk Letsche,President By:Patrick J.Bun Mayor
(73_
111 ')1 0/(T41 at)t,i/r) 1:64,(Mq.-
y: ill Ales a,Secrerary Attest:Robin Harvey, City Clerk
k 'G 4
STATE OF IOWA )
ss.
COUNTY OF CHEROKEE )
This instrument was acknowledged before me on this yr day of dattA , 2023, by
J
Kirk Letsche,President,of Marcus Community Fair.
I $ KA(TEfSCH
s.t, FI CommissioUN n NumberANNL 805631E
• fi
.. • • My Co m mission "
August 1,20 GUU�i o Public in and for the State of Iowa.
_ w
STATE OF IOWA )
ss.
COUNTY OF CHEROKEE )
This instrument was acknowledged before me on this I C lday of c)tAltit , 2023, by
J
Jill Alesch,Secretary, of Marcus Community Fair.
4, W o edo-a n
KARLINANN LETSCHE
_~•r805631
Fq telly c�ammIss oner t"1-3i Public in and for the State of Iowa.
• oink` August 1,20
STATE OF IOWA ) •
ss.
COUNTY OF CHEROKEE )
This instrument was acknowledged before me on this / day of 4 kq /4 s 1" ,2023.
by Patrick J.Bunt,Mayor, and Robin Harvey,Clerk,of the City of Marcus,Iowa.
\01A1*. JUDY K MEANS �,,%t��� /�
* Commission Number 757309 Noifary PublicLn and for the State of Iowa.
40 My Comm.Exp.MarchA3 02421
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j
EASEMENT AGREEMENT
Recorder's Cover Sheet
Preparer Information: Alyssa A.Herbold,427 W Main St,PO Box 100,Cherokee,IA 51012,
Phone: (712)225-3143
Taxpayer Information: Grace Methodist Church
Return Address: Alyssa A.Herbold,427 W Main St.,PO Box 100,Cherokee, IA 51012
Grantors: Grace Methodist Church
Grantees: City of Marcus
Legal Description:
STATE OF IOWA )
: ss. TRAIL EASEMENT AGREEMENT
CHEROKEE COUNTY )
THIS TRAIL EASEMENT AGREEMENT is made and entered into by and between
Grace Methodist Church,"Grantor(s),"and the City of Marcus,Iowa, "Grantees."
WHEREAS, Grantor is the owner of certain real properties located in Cherokee County,
Iowa, as described below.
WHEREAS, Grantee has requested a permanent easement to construct,use,maintain,and
repair a public trail over said real properties.
WHEREAS, Grantor is willing to grant such easement.
NOW, THEREFORE, for good and valuable consideration,the receipt and sufficiency of
which are acknowledged hereby,the parties hereby agree as follows:
a. Permanent Easement: Grantor hereby grants,bargains,sells,transfers,and conveys unto
Grantees, their successors,heirs,and assigns,a perpetual easement to establish, construct,
maintain,repair,and make available for public use a trail approximately fourteen(14)feet
in width,lying on the following described real premises:
The North 14 feet of a parcel of land in Lot 14 of an Irregular Survey of the W1/2 of
the NEU4 of Section 4 in Township 92 North,of Range 42 West of the Fifth P.M.,as •
shown by the Plat recorded in the office of the County Recorder of Cherokee
County,Iowa in Plat Book 2 at Page 19 of the records of said county office having
meandering description as follows: Commencing at the Northeast corner of said Lot
14,thence Westerly on the North line of said Lot 14 300 feet,thence Southerly on a
line parallel with the West line of EIm Street 275 feet,thence Easterly on a line
parallel with the North line of said Lot 14 300 feet,thence Northerly on the West
line of said Elm Street 275 feet to place of beginning.
•
2
AND
The North 14 feet of a parcel of land in Lot 14 of an irregular survey of the W12 of
the NEV4 of Section 4 in Township 92 North of Range 42 West of the 5th P.M.as
shown by the Plat recorded in the office of the County Recorder of Cherokee
County,Iowa in Plat book 2 at page 19 of the records of said County office,having
meandering description as follows: Commencing at the northeast corner of said Lot
14,thence Southerly parallel with the West line of Elm Street of Marcus,Iowa,275
feet to the point of beginning of this meandering description,thence Westerly
parallel with the North line of said Lot 14,300 feet,thence Southerly on a line
parallel with the West line of Elm Street,25 feet,thence Easterly on a line parallel
with the North line of said Lot 14,300 feet,thence Northerly on a line parallel with
the West line of Elm Street,25 feet to the place of beginning.
b. Temporary Construction Access Easement. Further,Grantor grants to Grantee a
Temporary Construction Access Easement providing the City the right of access to the
above-described real estate and have all rights of ingress and egress reasonably necessary
for the use and enjoyment of the easement area,which is legally described:
The South 6 feet of the North 20 feet of a parcel of land in Lot 14 of an Irregular
Survey of the W1/2 of the NEI/4 of Section 4 in Township 92 North,of Range 42
West of the Fifth P.M., as shown by the Plat recorded in the office of the County
Recorder of Cherokee County,Iowa in Nat Book 2 at Page 19 of the records of said
county office having meandering description as follows: Commencing at the
Northeast corner of said Lot 14,thence Westerly on the North line of said Lot 14
300 feet,thence Southerly on a line parallel with the West line of Elm Street 275
feet,thence Easterly on a line parallel with the North line of said Lot 14 300 feet,
thence Northerly on the West line of said Elm Street 275 feet to place of beginning. •
AND
The South 6 feet of the North 20 feet of a parcel of land in Lot 14 of an irregular
survey of the W72 of the NEl/4 of Section 4 in Township 92 North of Range 42 West
of the 5th P.M. as shown by the Nat recorded in the office of the County Recorder
of Cherokee County,Iowa in Plat book 2 at page 19 of the records of said County
office, having meandering description as follows: Commencing at the northeast
corner of said Lot 14,thence Southerly parallel with the West line of Elm Street of
Marcus,Iowa,275 feet to the point of beginning of this meandering description,
thence Westerly parallel with the North line of said Lot 14,300 feet,thence
Southerly on a line parallel with the West line of Elm Street,25 feet,thence Easterly
•
•
3
on a line parallel with the North line of said Lot 14,300 feet,thence Northerly on a
line parallel with the West line of Elm Street,25 feet to the place of beginning.
i. After construction or future maintenance,the City,its successors and assigns,
agrees to restore the described land to substantially the same condition as prior to
entry,which shall include the restoration of lawns by sodding or seeding;
replacement or repair of the damaged portion of concrete or asphalt driveways
removed for grading or access purposes;replacement of fences or other structures
removed or damaged bythe City,its successors and assigns, during the course of
construction,with exception of the following: NONE.
ii. TERM:The Temporary Construction Access Easement shall be terminated
without further requirement of filing on December 31,2024.
c. This Easement is subservient to any and all prior Easements of Record. •
d. This Easement includes the right to install signage in connection with public use of the
trail and the right to mow,cut vegetation or otherwise establish the trail by covering the
surface with stone,wood or other materials.
e. Public Enters at Own Risk: Persons using the trail do so at their own risk and without any
charge for access. Neither Grantors nor Grantee assume any duty to inspect or maintain
the trail or warn of any defects or dangerous conditions.
f. Recorded Document: This Trail Easement is to be recorded against the Property so as to
be perpetually binding upon the undersigned Grantors and their successors and assigns as
Grantors of the Property.
g. Entire Agreement:This Trail Easement,together with terms applicable to the trail
included in any conservation easement pertaining to the Property recorded on or about
4
the date of this Trail Easement, is the entire agreement of Grantors and Grantee
pertaining to the trail and supersedes any other agreements or understandings whether or
not in writing.
h. Defense of Claims: If a trail user asserts a claim for bodily injury or property damage
caused by an unsafe condition on the trail,and the unsafe condition was not the fault of
Grantors or anyone on the Property at the invitation of Grantors,then Grantee agrees to
defend such claim on behalf of both Grantors and Grantee and,if such defense is not
successful,to hold Grantors harmless from any judgment entered against Grantors on
account of such claim. To qualify for the protection offered by Grantee under this
paragraph,Grantors must abide by the requirements for immunity developed under, or
with respect to,the Iowa Recreational Use Statute.
IN WITNESS WHEREOF,the parties have executed this Easement Agreement on this
b
day of y ,2023.
GRACE METHODIST CHURCH CITY OF MARCUS,IOWA
By Travis Stevick,Pastor By: Patrick J.Bunt,laayor
Q 1 , OC:14-140L6?--
By:Ronald Rice, Chairperson Attest: Robin Harvey, City Clerk
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STATE OF IOWA )
ss.
COUNTY OF CHEROKEE )
This instrument was acknowledged before me on this 'day of -� 4/ ,2023,by •
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Travis Stevick,as Pastor,and Ronald Rice,as Chairperson,of Grace Methodist Church.
rpNAt. . JUDY K MEANS
* * Commission Number 757309 �<
/oyii. My Comm.Exp.Marc) ,3___ Mary PublZ in and for the State of Iowa.
STATE OF IOWA )
ss.
COUNTY OF CHEROKEE )
This instrument was acknowledged before me on this /S day of jQ ctq u s f ,2023.
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by Patrick J.Bunt,Mayor, and Robin Harvey, Clerk,of the City of Marcus,Iowa.
vui e JUDY K MEANS 01. /K1 /<
ap
Commission Number 757309 )'/e,4 ,_.4_
Noty Public inland for the State of Iowa.
/awA My Comm.Exp.Marche ��
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MAMMY EASEMENT
6 feet temporary easement
beyond the 14 feet permanent
easement for simplicity
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