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HomeMy Public PortalAboutResolutions-2010-12ik ---• Ig EXHIBIT 66 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'/4 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 Y2 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 Section 33, a distance of 1321.77 feet to the location of the Southeast corner of the North '/2 of the Northeast'/4 of the Section 33; thence S 89°27'37" W along the South line of the North Y2 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'/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. 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. RESOLUTION 2010-11 A RESOLUTION APPROVING AN AGREEMENT FOR AN EASEMENT EXPANSION FOR THE PLACEMENT OF PUBLIC IMPROVEMENTS FOR WATER AND SANITARY SEWER UTILITIES RUNNING ALONG A PORTION OF IRELAND AVENUE, INCLUDING A TEMPORARY CONSTRUCTION EASEMENT 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 a permanent, perpetual, non-exclusive, 25 -foot wide, underground easement, solely for the construction, operation, and maintenance, of water and sanitary sewer improvements, owned and operated by CITY; through, under, said described real estate known as the Permanent Easement Area. WHEREAS, the City wishes to secure a temporary, non-exclusive 20 -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 said described real estate known as the Temporary Construction Easement Area. WHEREAS, the Villages grants to Tiffin a Permanent Easement Area and a Temporary Construction Easement Area on real estate as described legal description on the attached exhibit A and easement, made on February 24, 2010 by and between Villages and City. 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- 11 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 Mark Petersen introduced RESOLUTION 2010-11 APPROVING AN AGREEMENT FOR AN EASEMENT EXPANSION FOR THE PLACEMENT OF PUBLIC IMPROVEMENTS FOR WATER AND SANITARY SEWER UTILITIESRUNNINGALONG A PORTION OF IRELAND AVENUE, INCLUDING A TEMPORARY CONSTRUCTION EASEMENT and made'a motion for approval of Resolution 2010-11. The motion was seconded by Council person Travis Weipert. 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 2010-11, APPROVING AN AGREEMENT FOR AN EASEMENT EXPANSION FOR THE PLACEMENT OF PUBLIC IMPROVEMENTS FOR WATER AND SANITARY SEWER UTILITIES RUNNING ALONG A PORTION OF IRELAND AVENUE, INCLUDING A TEMPORARY CONSTRUCTION EASEMENT be adopted and signified his approval of the same by affixing his signature thereto. By: 0,0 11, .. ('� Q, L–, — o ce ill s, Mayor Attes� ..,, I / 1 --�. Ruth DerKuth, City Clerk EXHIBIT 99 1" EASEMENT EXPANSION FOR THE PLACEMENT OF PUBLIC IMPROVEMENTS FOR WATER AND SANITARY SEWER UTILITIES RUNNING ALONG A PORTION OF IRELAND AVENUE PERMANENT EASEMENT AREA A permanent, perpetual, nonexclusive, 25 -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: A part of the Northeast'/4 of Section 33, Township 80 North, Range 7 West of the 5th P.M., City of Tiffin, Johnson County, Iowa and more particularly described as follows: Commencing at the North'/4 corner of said Section 33; thence N89033'52'E along the North line of said Northeast'/4 a distance of 70.01 feet to a point on the existing right of way as shown on the plat of Wombachers Subdivision as recorded in Book 17, Page 69 in the Office of the Johnson County Recorder; thence S 01034'36" E along said right of way line a distance of 496.20 feet to the point of beginning of this description; thence S 88°25'24" W along said existing right of way a distance of 20.00 feet; thence S 01034'36" E a distance of 828.37' along the existing right of way line; thence S 010 03' 14" E a distance of 414.18 feet along the existing right of way; thence N 88027'04" E a distance of 25.02 feet; thence N 04003'14" W a distance of 415.28 feet; thence N 01°34'36" W a distance of 827.83 feet; thence S 88025'24" W a distance of 5.00 feet to the point of beginning containing 0.71 acres more or less. TEMPORARY CONSTRUCTION EASEMENT AREA A temporary, nonexclusive 20 -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: A part of the Northeast'/4 of Section 33, Township 80 North, Range 7 West of the 5th P.M., City of7iffin, Johnson County, Iowa and more particularly described as follows: Commencing at the North'/4 corner of said Section 33; thence N 89033'52" E along the North line of said Northeast'/4 a distance of 70.01 feet to a point on the existing right of way as shown on the plat of Wombachers Subdivision as recorded in Book 17, Page 69 in the Office of the Johnson County Recorder; thence S 01034'36" E along said right of way line a distance of 496.20 feet; thence N 88025'24"E a distance of 5.00 feet to the point of beginning of this description; thence continuing N 88025'24" E a distance of 20.00 feet; thence S 01034'36".E a distance of 827.39'; thence S04003'14:E a distance of 416.15 feet; thence S88027'04:W a distance of 20.02 feet; thence N04003'14"W a distance of 415.28 feet; thence N 01034'36" W a distance of 827.83 feet to the point of beginning containing 0.57 acres more or less.