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Home My Public Portal AboutResolutions-2010-12 (3)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, 7 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 same711rl�D g his si t eto: B Royc ayo Attes� _ _ // / -y-. Ruth Demuth, City Clerk EXHIBIT 96 1" 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 '/2 of the Northeast % of Section33 and is described as commencing at the Northeast corner of the Section 33; thence S 01 034'10" E along the East line of the Northeast %.of the Section 33, 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 Y 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 '/2 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 01 034'10" 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.