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PERMANENT WATER MAIN EASEMENT <br /> KNOW ALL PERSONS BY THESE PRESENTS that W. G. JAQUES and <br /> GERALDINE E. JAQUES, husband and wife, of 12300 Hickman Road, <br /> Clive, Iowa 50265 (hereinafter called "Grantor for good and <br /> valuable consideration, the receipt and sufficiency of which is <br /> hereby acknowledged, does hereby convey unto the City of Clive, <br /> Iowa, a municipal corporation, (hereinafter called "City a <br /> perpetual easement and right -of -way under, over, on, through, <br /> across and within the following described real estate: <br /> A twenty (20) foot wide tract of land located within <br /> the North Forty (40) feet of Lot 14 in WESTHOPE, an Of- <br /> ficial Plat, now included in and forming a part of the <br /> City of Clive, Polk County, Iowa, and more specifically <br /> shown and described in Attachment "A" attached hereto <br /> and by this reference incorporated herein. <br /> (hereinafter called "Easement Area <br /> for the purpose of the City constructing, reconstructing, re- <br /> pairing, replacing, enlarging, inspecting and maintaining a water <br /> main together with all necessary underground appurtenances <br /> thereto. <br /> This Easement shall be subject to the following terms and <br /> conditions: <br /> 1. HOOKUP CHARGEa. The City will permit the Grantor to <br /> hook onto the water main located within the Easement <br /> Area without charge for Grantor's existing home located <br /> on Lot 14 in Westhope, an Official Plat, now included <br /> in and forming a part of The City of Clive, Polk <br /> County, Iowa; and in addition thereto will permit the <br /> Grantor to hook onto the said water main without charge <br /> for Grantor's real estate described in Attachment "B" <br /> attached hereto and by this reference incorporated <br /> herein for the purpose of providing water service to a <br /> home, provided said real estate is at the time of said <br /> connection legally zoned to allow residential uses. <br /> Said hookup charges referred to in this paragraph have <br /> been prepaid to the City. <br /> 2. ASSESSMENTS. The City will not by way of special <br /> assessment or otherwise, assess Grantor, Lot 14 in <br /> WESTHOPE, an Official Plat, now included in and forming <br /> a part of The City of Clive, Polk County, Iowa, or that <br /> real estate described in Attachment "B" hereto, for any <br /> costs in connection with the initial construction of <br /> the water main placed within the Easement Area; said <br /> water main construction project being commonly referred <br /> to as The 1988 Hickman Road Water Main Extension and <br /> located within the City of Clive, Iowa. <br /> 3. DEPTH OF WATER MAIN. The water main placed within the <br /> Easement Area shall be located at a minimum depth of <br /> five (5) feet below the surface of the ground. <br /> 4. RESERVATION. Notwithstanding anything contained herein <br /> to the contrary, the Grantor reserves the right unto <br /> themselves to grant other public utilities to enter the <br /> Easement Area, subject however to first obtaining the <br /> prior written consent of the City. <br /> 5. LIABILITY. The Grantor herein shall not be responsible <br /> to the City for any claims, demands or causes of <br /> action, of whatsoever nature, arising out of the City's <br /> use and occupancy of the above described easement. <br /> 6. INDEMNITY AND HOLD HARMLESS. The City herein agrees to <br /> indemnify and hold the Grantor herein harmless from any <br /> and all claims, demands and causes of action, of <br />