HomeMy Public PortalAboutResolutions-2010-30 (3)CITY OF TIFFIN RESOLUTION NO. 2010-30
A RESOLUTION GRANTING ACCESS FROM ROBERTS FERRY RD TO LOT 10 OF
JOHNSTON — POTTERFIELD SUBDIVISION PART TWO, TIFFIN, IOWA
WHEREAS, Lot 10, Johnston-Potterfield Subdivision, Part 2, Tiffin, Iowa requires access to
Roberts Ferry Road ; and
WHEREAS, Johnston and Potterfield, as owners of an adjoining parcel have granted an
easement to Lot 10 for access to Roberts Ferry Road; and
WHEREAS, the City of Tiffin, an Iowa municipality, owns and maintains Roberts Ferry Road,
the only public road available to Lot 10; and
WHEREAS, the originally intended access as shown on the Johnston-Potterfield Development
Agreement with the City describes an access that is no longer feasible for use by Lot 10; and
WHEREAS, Tiffin desires to acknowledge the required access to Lot 10 as created by the
easement from Johnston and Potterfield, and which runs with the land as an access to Roberts Ferry
Road.
NOW, THEREFORE,
1. Tiffin grants the access exclusively for the purpose of an access to Roberts Ferry Road
from Lot 10 and for utilities.
2. Tiffin acknowledges that this is a covenant that runs with the title to the land.
3. The acknowledgement concerns the area of the current driveway access from Roberts
Ferry Road to Lot 10 as of the date of this Resolution.
On the 9th day of June, 2010, at a regular meeting of the Tiffin City Council, Tiffin, Iowa Councilperson
Mike Gericke introduced A RESOLUTION 2010-30 GRANTING ACCESS FROM ROBERTS FERRY
RD TO LOT 10 OF JOHNSTON — POTTERFIELD SUBDIVISION PART TWO, TIFFIN, IOWA and
made a motion for approval. The motion was seconded by Councilperson Travis Weipert.
Ayes: Jim Bartels, Mike Gericke, Travis Weipert.
Nay: None
Absent: Chris Ball, Mark Petersen
WHEREUPON, Mayor Phillips declared that Resolution 2010-30 be adopted and signified his
approval of the same by affixing his signature thereto.
PASSED, AND APPROVED THIS 9T" DAY OF June 2010.
Attest to*
7u�
Ruth Dem h, City Clerk
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LEGAL DESCRIPTION ACQUISITION PL&C
A parcel located in the NW 114, Section 28 T SON., R.7W.,
of the 5th P.M., Tiffin, lona, being a portion of the realty
described In Deed Book 1364, Page 103 and Plat Book 17,
Page 14, Johnson County Recorder's Office, described as
follows:
Beginning at a point N 12'46'W = 261.63 feet from the
conlor of said Soclion 28 as shown in said Plat Book 17,
Page 14; thence N 13'21'W - 373.21 feet along the
cenlerline of Roberts Ferry Road to a point of curvature;
thence N IT2V W - 76.16 Teol to the NW proporty corner;
Ihonce S 87'29' E- 38.15 teetialong the north property
line; thence Southeasterly - 65.87 toot along a 587 loot
radius curve concave easterly with a central angle of
6"25'46' and a chord of S 10°0607" E 65.84 feet; thence
S 13.21' E - 377.50 toot along a line parallel to and 33 test
easterly'ol the west property line: thence S 84.03` W -
33.28 feel along The south property line to the Point of
Beginning. Said Acquisition Parcel contains 0.341 (acres.
hereby certify that during March, 1994, at the direction of
the City of Tiffin, I supervised the preparation of this
Acquisition Plat and that 1 am a duty Registered Land
Surveyor practicing under the Laws of [he State of Iowa
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nt regi Iration renewable December 31, 1994.
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Thomas Anlhony,'RLS #82951 Date
Subscribed and sworn to before me on this 9" day of
Ctrl 1994.
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Book 35. Paan 243. File Nruuher
(5331
Doc ID: 021875080002 Type: GEN
Kind: RESOLUTION
Recorded: 06/30/2010 at 12:40:59 PM
` Fee Amt: $14.00 Paae 1 of 2
Johnson Countv Iowa
Kim Painter Countv Recorder
BK4612PG688-689
Prepared by: Ruth Demuth, City of Tiffin, 201 Main St. PO Box 259, Tiffin, Iowa 52340
Return to: Ruth Demuth, City of Tiffin, 201 Main St., PO Box 259, Tiffin, Iowa 52340
CERTIFICATION OF CITY CLERK
STATE OF IOWA )
COUNTY OF JOHNSON )ss.
I, Ruth Demuth, City Clerk of the City of Tiffin, Iowa, do hereby certify that the
Resolution 2010-30 A Resolution Granting Access From Roberts Ferry Rd to Lot 10 of
Johnston-Potterfield Subdivision 1Part Two, Tiffin, Iowa attached hereto is a true and
correct copy of the Resolution 2010-30 which was passed by the City Council of Tiffin, Iowa,
at a regular meeting held on the 9th day of June, 2010, all as the same appears of record in
my office.
Dated at Tiffin, Iowa, this 9th day of June, 2010.
RU H bEMUTH, City Clerk
City Seale -CORPORATE SEAL
STATE OF IOWA )
COUNTY OF JOHNSON )ss.
On this 2 3 day of June 2010, before me, a Notary Public in and for the State of Iowa,
personally appeared Ruth' Demuth, to me personally known, and who, being by me duly
sworn, did say that she is the City Clerk, of the City of Tiffin, Iowa; and that the instrument
was signed ori behalf of the corporation, by authority of its city council, as contained in the
Resolution 2010-30 adopted by the city council, and that Ruth Demuth acknowledged the
execution of the instrument to be her voluntary act and deed and the voluntary act and deed
fo the corporation, by it voluntarily executed.
CAROLINE KOON ��..-1
Commission Number 730751 Notary Public in and fo the State of Iowa
My Co mission Expires