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Home My Public Portal AboutResolutions-2010-12 (2)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 Recorded copies mailed to the following on March 19, 2010: Attorney Steve Greenleaf Engineer Mike Hart Daryl High, Owner Villages LC. Villages file Copy. 11111111 111111 III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII 767390008 T Doc ID: 021 pe: GEN Y Kind: EASEMENT Reco $44 03/16/2010 0 Paae I ofis24:46 PM Johnson Countv Iowa Kim Painter Countv Recorder BK4565 PG991-998 Prepared by: Ruth Demuth, City of Tiffin, P.O. Box 259, Tiffin, Iowa 52340 Return to: Ruth Demuth, City of Tiffin, P.O. 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 Resolutions 2010-12 AN AGREEMENT FOR A PERMANENT AND TEMPORARY CONSTRUCTION UTILITY EASEMENT attached hereto are true and correct copies of the Resolutions 2010-12, which were passed by the City Council of Tiffin, Iowa, at a Regular City Council_meeiing held on the 10th day of March, 2010, all as the same appears of record in my office. Attached is Easement Agreement made between the City of Tiffin, Iowa, an Iowa municipality and The Villages, L.C. on February 24th day of February 2010. Dated at Tiffin, Iowa, this_th day arch, 20 CORPORATESEAL RUTDEMU TH, City Clerk ✓ STATE'OF IOWA ) COUNTY OF JOHNSON )ss. ' On this day of March 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 on behalf of the corporation, by authority of its city council, as contained in the Resolutions 2010-12 adopted by the city council, and said easement made between the city of Tiffin and The Villages, L.C. 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. V CAROLINE KOON � $ S CoM Welon Number 730751 /✓ ow YZ o Rotary Public in and for the State of Iowa AN AGREEMENT FOR A PERMANENT AND TEMPORARY CONSTRUCTION UTILITY EASEMENT This Agreement is made this 2411 day -February 2010,,by and between The Villages, L.C., hereinafter "Grantor", and the City of Tiffin, Iowa, an Iowa municipality, hereinafter "City". This Agreement for a Permanent Utility Easement and a Temporary Construction Easement for a water main. IN CONSIDERATION OF THE SUM OF ONE DOLLAR AND OTHER VALUABLE AND, GOOD CONSIDERATION PAID TO GRANTOR, THE RECEIPT OF., WHICH IS HEREBY ACKNOWLEDGED, THE GRANTOR DOES HEREBY GRANT AND CONVEY TO THE GRANTEE, ITS SUCCESSORS AND ASSIGNS: I. A permanent, perpetual, nonexclusive, 15 -foot wide, underground easement, solely for the construction, operation, and maintenance of a water main, owned and operated by City, through, under, and upon the following described property, known as the PERMANENT EASEMENT AREA: Being a part of the Northeast 1/4 of Section 33, Township 80 North, Range 7 West of the 5th P.M., City of Tiffin, Johnson County, Iowa. More particularly lying in the North 1/2 of said Northeast 1/4 of Section 33 and is described as commencing at the Northeast corner- of said Section 33; thence S 01'34'10" E along the East line of the Northeast 1/4 of said Section 33, a distance of 1321.77 feet to the location of the Southeast corner of the North 1/2 of the Northeast 1/4 of said Section 33; thence S 89'27'37" W along the South line of the North 1/2 of the Northeast 1/4 of said Section 33, a distance of 55.00 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 1/4 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. Page 1 of 4 S:\Clients\Cities\Tiffin\EASEMENTS ALL 2010 FORWARD\WAT MAIN to Water Tower 08.04.09\AGRMT RECREATED 02.19.10.doc Last printed 311!2010 9:15:00 AM 1 .. I1. 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 City, through, under and upon the following described property known'as the: , 41 TEMPORARY CONSTRUCTION EASEMENT AREA: A 32.5 foot wide temporary construction easement offset to west of said watermain easement, as described above. Y The use of the Temporary Construction Easement Area is solely for 'the right and privilege of the City to carry on construction activities, within the area as' related to the installation, and'construction of public improvements. `- City must have all construction associated within the Temporary Construction Easement Area completed within 120 day from the date work commences 'and at which time the easement will expire'. 4 The Grantor hereby grants to'City the full, right to: , 1. Trim, cut, or" remove trees, bushes, undergrowth,'.and other obstructions reasonably interfering with the location, construction, operation, and maintenance of the Permanent Easement Area and the Temporary Easement Area: j- - 2. Grade the full width of both easement areas, extending the cuts and fills for grading into and onto the lands. along and ,outside the easement areas to such extent as Grantee may find reasonably necessary to install the public improvements. 3. The reasonable right to enter'Upon the adjoining lands of the Grantor for the purposes of reasonable access ,to the Permanent Easement Area and the Temporary Easement Area but for no other purpose. Grantee, in partial consideration for the easements, is responsible for, and must immediately repair any damage caused to the adjoining lands and to the Permanent Easement,Area and the Temporary Easement Area caused by: 1) Grantee; 2) Grantee's contractors; 3) Grantee's successors, or assigns; or F t' 4) the construction or operation of the water and sanitary sewer public improvemerits. 4. Grantee upon the installation of the public improvements, or any repairs or maintenance to the same, from time to time, must reasonably restore the Permanent Easement Area and all adjoining lands, to its previously existing ` condition, including compaction and replacement of any, pavement, landscaping, irrigation system or improvements or signage. To the extent S:\Clients\Cities\Tiffin\EASEMENTS ALL 2010 FORWARD\WAT MAIN to Water Tower 08.04.09\AGRMT RECREATED 01.27.10.doc i U permitted' by-law, =without waiving sovereign immunity or the limits of liability' referenced thereunder, City will indemnify' and hold harmless the Grantor, its successors'arid assigns in title from any injury, death,, loss, damage, claim, or suit caused by or arising out of the actions of, City , or `its contractors or employees or City's use of the Permanent Easement Area or the Temporary Easement Area. Nothing shall inure to the benefit of a third party to allow a .x claim otherwise barred by sovereign immunity or other operation of law. 5. City is solely responsible= for the construction, operation, and maintenance of the public irnprovements"by, City or it's contractors, assigns and successors, for the operation or use or maintenance of the Permanent and Temporary Easement .Areas. Grantor retains and reserves to itself the right to utilize the Permanent Easement Area and Temporary Construction Easement Area, in any' manner that does not unreasonably interfere with the exercise of City's rights " hereunder, including'but`not limited to, the installation of pavements, curbs, parking, driveways or access lanes, landscaping, sprinkler and irrigation systems, signs; utility lines, and similar uses. However, no building may be constructed on or over the Permanent Easement Area, or on or . over the Temporary Easement Area prior to its ,expiration. k 6. The Grantor hereby covenants with the "Grantee and warrants that it is lawfully seized of said land in fee simple; that it has good, right,. and lawful y£ authority to grant and convey the said Permanent Easement Area and the Temporary Construction Easement' and a that the real property described above is free. of all liens, mortgages, and' encumbrances of every kind, including leasehold interest, exception those encumbrances to: IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the `day•and year first written*above. z , rf r T e illages C. CITY OF TIFFI� ' By - ------ By: ---------- - D IGH RO I P - w By: -------- ---------------- R- U EMUTH 3 5 S:\Clients\Cities\Tiffin\EASEMENTS ALL 2010 FORWARD\WAT MAIN to Water Tower 08.04.09\AGRMT RECREATED 01.27.10.doc , , r F r F 9 V r STATE OF IOWA) COUNTY OF _ L-Ini_b4__ �) SS. On this " day of _= ��- ____ 2010, before'me, a notary public in and for said state, personally appeared Darryl T. High, to me personally known, who being by `me duly sworn'did say that, that person is a member of said limited ` liability company andel that (the seal affixed to said instrument is the seal of _said) (no- seal has been procured by, the said) limited liability company and that said instrument wds signed (and sealed) on ,behalf of the said'limited liability' company by authority of its managers and the said Daryl T. High, member; acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company b it o 'untaril eXe uta " NOTAR PUBL IN AN FOR IOWA KERRY PEYTON STATE OF IOWA) A t commission Number 742701 COUNTY OF JOHNSON )ss. My commission Expires 10%11• September 8, 2012 On this q&day of 1331(A 2010, before me, •a Notary Public, in and for the State of Iowa,' personally appeared-Royce Phillips and Ruth Demuth ,to me personally known, and, who being f by me duly sworn, did say that they are the Mayor and City Clerk respectively of-the City-of Tiffin, Iowd; and that the instrument was signed on behalf of the corporation, by authority of-,its ` City. °Council and that Royce Phillips and Ruth Demuth acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. �s CAROUNEKOON y+� Commission Number 730751 My m(�n"rasion Expires NOTARY PUBLIC IN AND FOR STATE OF IOWA F , u � 7 rY S:\Clients\Cities\Tiffin\EASEMENTS ALL 2010 FORWARD\WAT Mi A' IN to Water Tower 08.04.09\AGRMT RECREATED 01.27.10.doc e r ^ ' = ° ^ � . ~ m .^ ` . . . , - , ^� - ^ * , , ^ x , . . . . � � ' = ° ^ � . ~ m .^ ` . . . , HART -FREDERICK CONSULTANTS P.C. -7215 neat . P.O.B� 560 TIFFIN, IOWA 52340-0560 Phone: (319) 545 NORTH LINE -NORTHEAST 1/4 N 89 33'52" E 2653.03' NORTHEAST CORNER - SECTION 33-80-7 NORTH 1/4 CORNER SECTION 33-80-7 FOUND 1/2' IRON PIN �IN ASPHALT TIES BK, 45, PG. 120 W F E LEGEND GOVERNMENTCORNER SET 51' IRON ROD FOUND IRON ROD (AS NOTED) CUT 'X' IN CONCRETE 1 0' SET PIK NAIL Z. 0 rest 20D (R) RECORDED DIMENSIONS (H), MEASURED DIMENSIONS RIGHT-OF-WAY LINES q SECTION LINES E_ LOT LINES PLATTED OR BY DEED PROPOSED 15'WATERMAlhk EASEMENT P POSED 32.6' TEMPORARY C ..Q CONSTRUCTION EASE�ENT 1.09 ACRES V. On '6 C\2 15' WATERMAIN EASEMENT 04 --I Being a part of the Northeast 1/4 of Section 33, Township 80 North 'L Range 7 West of the X�X 5th P.M., City of Tiffin, Johnson County, Iowa. More particularly Lying In the North 1/2 of said iN Uj Northeast 1/4 of Section 33 and Is described Ix as commencing at the Northeast corner of said Uj 0 Section 331 thence S 01*34'10' E along the East, time of the Northeast 1/4 of sQlcl Section 33, a distance of 1321,77 Pee to the Lo ation of the z South:ast corner of the NotAth /C2 of the North ast 1/4 of said Section 331 thence V) North 112 of the.Northeast 1/4 of said in Section 33 a distance of 55�00 feet to the Point ofB�glnnlngj thence continuing to, distance of 738,71 feet to Q point on the In North line of the Northeast 1/4 of said I North line, a distance of 15.00 feetj thence ' . z 1 S 01*34'10' E, a distance of 731.66 feet) thence thence S 01*34'10' E, a distance of 357.97 feet to the Point of Beginning containing 0.50 acrE1, -J 32.5 foot temporary construction easement A offestptotwesttof salcill.watermain easement Is 89*27'37' IN 26 SOUTH LINE -NORTH 1/2 -NORTHEAST 1/4 SOUTHEAST CORNER- I NORTHEAST 1/4 r'j !16 SECTION 33 -PO -7 EAST 1/4 CORNER SECTION 33-80-7 SOUTHWEST CORNER-NORTHEA�T 1/4 FOUND SCM -80-7 FLUSH W/GROUND �;LL;IILJN 33 FOUND PK NAIL TIES BK..53, PG. IN ASPHALT 10 I hereby cortily, that this land suneoying document was prepared and the, EASEMENT PLAT related �ay work was performed by me or under my dl,Kt per nai L.A.ND supervision and that I am a duly licensed Professional Land Su PROPRIETOR� IT-WATERMAIN EASEMENT undo, the laws of the State of lows. 'eynx THE VILLAGES LC LOCATED IN THE NORTH 1/4 J SC OF. THE NORTHEAST 1/4 OF J, Scott Rill L.L.S. Date SECTION 33, T -80-N, R -7-W Iowa License Number: 15546 My license normal date is December 31, 2010. .... ....... 1)ATE,e/26/o9jDRN, JSIR JAPP� * ^ .^ ` . . . , - ° ^� � ' ~ * , ~ ^ ° .~ ^ . - . ' 9 . , HART -FREDERICK CONSULTANTS P.C. -7215 neat . P.O.B� 560 TIFFIN, IOWA 52340-0560 Phone: (319) 545 NORTH LINE -NORTHEAST 1/4 N 89 33'52" E 2653.03' NORTHEAST CORNER - SECTION 33-80-7 NORTH 1/4 CORNER SECTION 33-80-7 FOUND 1/2' IRON PIN �IN ASPHALT TIES BK, 45, PG. 120 W F E LEGEND GOVERNMENTCORNER SET 51' IRON ROD FOUND IRON ROD (AS NOTED) CUT 'X' IN CONCRETE 1 0' SET PIK NAIL Z. 0 rest 20D (R) RECORDED DIMENSIONS (H), MEASURED DIMENSIONS RIGHT-OF-WAY LINES q SECTION LINES E_ LOT LINES PLATTED OR BY DEED PROPOSED 15'WATERMAlhk EASEMENT P POSED 32.6' TEMPORARY C ..Q CONSTRUCTION EASE�ENT 1.09 ACRES V. On '6 C\2 15' WATERMAIN EASEMENT 04 --I Being a part of the Northeast 1/4 of Section 33, Township 80 North 'L Range 7 West of the X�X 5th P.M., City of Tiffin, Johnson County, Iowa. More particularly Lying In the North 1/2 of said iN Uj Northeast 1/4 of Section 33 and Is described Ix as commencing at the Northeast corner of said Uj 0 Section 331 thence S 01*34'10' E along the East, time of the Northeast 1/4 of sQlcl Section 33, a distance of 1321,77 Pee to the Lo ation of the z South:ast corner of the NotAth /C2 of the North ast 1/4 of said Section 331 thence V) North 112 of the.Northeast 1/4 of said in Section 33 a distance of 55�00 feet to the Point ofB�glnnlngj thence continuing to, distance of 738,71 feet to Q point on the In North line of the Northeast 1/4 of said I North line, a distance of 15.00 feetj thence ' . z 1 S 01*34'10' E, a distance of 731.66 feet) thence thence S 01*34'10' E, a distance of 357.97 feet to the Point of Beginning containing 0.50 acrE1, -J 32.5 foot temporary construction easement A offestptotwesttof salcill.watermain easement Is 89*27'37' IN 26 SOUTH LINE -NORTH 1/2 -NORTHEAST 1/4 SOUTHEAST CORNER- I NORTHEAST 1/4 r'j !16 SECTION 33 -PO -7 EAST 1/4 CORNER SECTION 33-80-7 SOUTHWEST CORNER-NORTHEA�T 1/4 FOUND SCM -80-7 FLUSH W/GROUND �;LL;IILJN 33 FOUND PK NAIL TIES BK..53, PG. IN ASPHALT 10 I hereby cortily, that this land suneoying document was prepared and the, EASEMENT PLAT related �ay work was performed by me or under my dl,Kt per nai L.A.ND supervision and that I am a duly licensed Professional Land Su PROPRIETOR� IT-WATERMAIN EASEMENT undo, the laws of the State of lows. 'eynx THE VILLAGES LC LOCATED IN THE NORTH 1/4 J SC OF. THE NORTHEAST 1/4 OF J, Scott Rill L.L.S. Date SECTION 33, T -80-N, R -7-W Iowa License Number: 15546 My license normal date is December 31, 2010. .... ....... 1)ATE,e/26/o9jDRN, JSIR JAPP� * ^ ` . . ` ^ ' ° ^� � ' ~ * ` ' ~ ^ ` ' l ~ � ` . . ` ° ^� � ' ` �