HomeMy Public PortalAboutResolutions-2010-12 (4)RESOLUTION 2010-12
A RESOLUTION APPROVING AN AGREEMENT FOR A PERMANENT AND TEMPORARY
CONSTRUCTION UTILITY EASEMENT FOR A WATER MAIN TOWARD FUTURE WATER
TOWER IN VILLAGES OF TIFFIN, A SUBDIVIDSION OF TIFFIN, IOWA, JOHNSON COUNTY,
IOWA
WHEREAS, The Villages L.C. of Tiffin, (hereinafter "Villages") including its, successors and
assigns, as owner of the real estate described below, and the City of Tiffin, an Iowa municipal
corporation, (hereinafter "Tiffin""), including its successors and assigns, have an agreement and
entered into between the above mentioned parties,
WHEREAS, the City Council of Tiffin wishes to secure the easement and rights to the real
estate in Villages for the development of a future Water Tower and water mains,
WHEREAS, the Villages grants to Tiffin a permanent water main easement and a temporary
construction easement as described below on the attached easement,
WHEREAS, the City of Tiffin has received a revised legal description and now desires to void
and nullify Resolution 2009-27 approved July 22, 2009 and replace the legal description with the
Permanent Easement Area and Temporary Construction Easement Area legal description
contained on easement signed by Villages on February 24, 2010.
Now, Therefore, Be It Resolved, by the City Council of Tiffin, Iowa that the Mayor and City
Clerk are hereby authorized and directed to execute all legal documents, and supply a copy of
this Resolution 2010-12 to the Office of the Johnson County Recorder for legal recording
requirements.
On the 10th day of March 2010, at a regular City Council meeting of the Tiffin City Council, Tiffin,
Iowa, Council person Mike Gericke introduced RESOLUTION 2010-12 APPROVING AN
AGREEMENT FOR A PERMANENT AND TEMPORARY CONSTRUCTION UTILITY
EASEMENT FOR A WATER MAIN TOWARD FUTURE WATER TOWER IN VILLAGES OF
TIFFIN, A SUBDIVIDSION OF TIFFIN, IOWA, JOHNSON COUNTY, IOWA and made a -motion
for approval of Resolution 2010-12. The motion was seconded by Council person Jim Bartels.
Ayes: Chris Ball, Jim Bartels, Mike Gericke, Mark Petersen, Travis Weipert
Nays: None
Absent:: None
Passed and approved by City Council this 10th day of March 2010.
WHEREUPON Five City Council members voting approval, Mayor Phillips declared Resolution
2010-12, APPROVING AN AGREEMENT FOR A PERMANENT AND TEMPORARY
CONSTRUCTION UTILITY EASEMENT FOR A WATER MAIN TOWARD FUTURE WATER
TOWER IN VILLAGES OF TIFFIN, A SUBDIVIDSION OF TIFFIN, IOWA, JOHNSON COUNTY,
IOWA be adopted and signified his approval of the same by ' g his si re th eto.
r
By.
�'� Ro e P fillips, ayor
Attest If I
Ruth Demuth, City Clerk
EXHIBIT 661"
THE VILLAGES OF TIFFIN, IOWA PERMANENT WATER MAIN
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AREA
LEGAL DESCRIPTION
PERMANENT EASEMENT AREA: FIFTEEN FOOT WIDE UNDERGROUND
EASEMENT
Being a part of the Northeast % of Section 33, Township 80 North Range 7 West
of the Fifth P.M.., City of Tiffin, Johnson County, Iowa. More particularly lying in
the North '/ of the Northeast % of Section33 and is described as commencing,at
the Northeast corner of the Section 33; thence S 01°34'10" E along the East line of
the Northeast % of the Section33, a distance of 1321.77 feet to the location of the
Southeast corner of the North Y2 of the Northeast % of the Section 33; thence S
89°27'37" W along the South line of the North'/ of the Northeast % of the Section
33, a distance of 55.00 feet to the Point of Beginning; thence continuing S
89°27'37" W along the South line,of the North Y2 of the Northeast'/ of said
Section 33, a distance of 55 feet to the Point of Beginning thence continuing S
89'27'37" W along said South line, a distance of 15.00 feet:; thence N 01'34'10" W,
a distance of 351.15 feet; thence N 48'45'37" W, a distance of 348.90 feet; thence
N 01'34'10" W, a distance'of 738.71 feet to a point on the North line of the
Northeast % of said Section 33; thence N 89'33'52" E along said North line, a
distance of 15.00 feet; thence S 01°34'10" E, a distance of 731.86 feet; thence S
48'45'37" E, a distance of 348.90 feet; thence S 01°34'10" E. a distance of 357.97
feet to the Point of Beginning containing 0.50 acres. 32.5 foot temporary
construction easement offset to west of said watermain easement is not a part of
this description.
TEMPORARY CONSTRUCTION EASEMENT AREA:
A 32.5 foot wide temporary construction easement offset to west of said watermain
easement. A temporary, nonexclusive 32.5-foot.wide, underground easement
solely for the construction, operation, and maintenance of water and sanitary
sewer improvements, owned and operated by the City of Tiffin, through, under and
upon the temporary construction easement.