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Home My Public Portal AboutResolutions-2004-554 - CITY OF TIFFIN IOWA RESOLUTION N0.2004-5 A RESOLUTION APPROVING THE ENTERING INTO OF A UTILITY EASEMENT : WITH LINN COUNTY RURAL; ELECTRIC COOPERATIVE ASSOCIATION WHEREAS, Linn County Rural Electric Cooperative Association desires to construct and maintain electrical lines for the transmission and distribution of electric -energy over a certain portion of City owned property that is generally located on the boundary line of Lot 4 Bigelow Subdivision and U.S. Highway Six; r AND WHEREAS,- the City believes it to be idthe best interest of the City to grant an easement for said property to Linn County Rural Electric Cooperative Association; '« AND WHEREAS, -the Parties have reduced to writing, terms of said Utility -Easement, a copy of which is attached hereto and incorporated herein. NOW,I THEREFORE,,BE IT RESOLVED, by the City Council of Tiffin, Iowa, that the Easement attached hereto is approved. The Mayor and City Clerk of Tiffin; Iowa, are hereby authorized and directed to execute said'document. ON THE 8th day of November, 2005, at a regular, meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson '� `S introduced A RESOLUTION APPROVING -THE ENTERING INTO OF, A UTILITY EASEMENT AGREEMENT WITH LINN COUNTY RURAL' ELECTRIC COOPERATIVE ASSOCIATION, and made a , motion for approval. The motion,was seconded by Councilperson T)CAV+e Ayes �f 1�2�ickP �e �s�-{-eirse h Nays: On e Motion carried. WHEREUPON; the Mayor declared that the RESOLUTION APPROVING THE ENTERING INTO OF A UTILITY EASEMENT WITH LINN COUNTY RURAL ELECTRIC COOPERATIVE ASSOCIATION, be adoptedand signified his approval of the same by affixing his, signature thereto. PASSED, by the' Council on the 8th day of December .2004, and approved by the Mayor on the 8th day of December 2004. MAYOR: Tenn R. Potter } A ST: G ' i -- _ Marga B. Reihman;_ j'�� lei_ rk~ i r 9 Page 2 of 2 S:\Clients\Cities\Tiffin\Gas & Electricity Franchise -193\reso apprving utility easmt.aoc Last printed 12/8/2004 12:19 PM t kd I i , 0 f ` � k y 4 - CITY OF TIFFIN IOWA RESOLUTION N0.2004-5 A RESOLUTION APPROVING THE ENTERING INTO OF A UTILITY EASEMENT : WITH LINN COUNTY RURAL; ELECTRIC COOPERATIVE ASSOCIATION WHEREAS, Linn County Rural Electric Cooperative Association desires to construct and maintain electrical lines for the transmission and distribution of electric -energy over a certain portion of City owned property that is generally located on the boundary line of Lot 4 Bigelow Subdivision and U.S. Highway Six; r AND WHEREAS,- the City believes it to be idthe best interest of the City to grant an easement for said property to Linn County Rural Electric Cooperative Association; '« AND WHEREAS, -the Parties have reduced to writing, terms of said Utility -Easement, a copy of which is attached hereto and incorporated herein. NOW,I THEREFORE,,BE IT RESOLVED, by the City Council of Tiffin, Iowa, that the Easement attached hereto is approved. The Mayor and City Clerk of Tiffin; Iowa, are hereby authorized and directed to execute said'document. ON THE 8th day of November, 2005, at a regular, meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson '� `S introduced A RESOLUTION APPROVING -THE ENTERING INTO OF, A UTILITY EASEMENT AGREEMENT WITH LINN COUNTY RURAL' ELECTRIC COOPERATIVE ASSOCIATION, and made a , motion for approval. The motion,was seconded by Councilperson T)CAV+e Ayes �f 1�2�ickP �e �s�-{-eirse h Nays: On e Motion carried. WHEREUPON; the Mayor declared that the RESOLUTION APPROVING THE ENTERING INTO OF A UTILITY EASEMENT WITH LINN COUNTY RURAL ELECTRIC COOPERATIVE ASSOCIATION, be adoptedand signified his approval of the same by affixing his, signature thereto. PASSED, by the' Council on the 8th day of December .2004, and approved by the Mayor on the 8th day of December 2004. MAYOR: Tenn R. Potter } A ST: G ' i -- _ Marga B. Reihman;_ j'�� lei_ rk~ i r 9 Page 2 of 2 S:\Clients\Cities\Tiffin\Gas & Electricity Franchise -193\reso apprving utility easmt.aoc Last printed 12/8/2004 12:19 PM t kd I i , 0 f LINN COUNTY RURAL ELECTRIC COOPERATIVE ASSOCIATION EASEMENT The undersigned owner, the City of Tiffin, Iowa, hereafter referred to as Grantor, for good and valuable, consideration, the receipt of which is hereby acknowledged, hereby grants unto the Linn County Rural Electric Cooperative Association, an Iowa bo - operative association, herdafter referred to as Grantee, ai perpetual right-of-way easement for the purposes of constructing, reconstructing, operating, maintaining, upgrading, and removing lines for the transmission and distribution of electric energy and for communication and electrical controls, including the necessary poles, towers, wires, guys, anchors, and other appurtenances, and to permit the attachment thereto of facilities owned by others; together with the right of ingress and egress, under, across, and along the real estate :Located in Johnson County, Iowa, described as follows: . A part of Lot #4 of Bigelow Subdivision and more particularly described as follows: Co=en6ag at the Northeast corner of said Lot #4; thence S01008'14E along the East line of said Lot #4 which is also th6 WesterV right of way line of Highway #380 a distance of 20.25 feet to the point of beginning of this descriptiQn; thence continuing So 1008114"B along said East line a distance of 10.12 feet; thence N8200846"W a distance of 1075.31 feet; thence S66903'24"W a distance of 36.58 feet; thence S00°35'40 "E a distance of 133.12 feet; thence N89°2412011E a distance of 5,00 feet; thence 800035140"E a distance of 20.00 feet; thence S89°24120"W a dititance of 5.00-Teet; thence S00035140"E a distance of 447.03 feet to the South line of said Lot 44; thence S86050'19"W a distance of 15.02 feet; thence N00035'40"W a distance of 605.23 feet; thence N66103'21'r' a distance of 51..45 feet; thence 'S82°08'46"E a distabee,of 1076.58 feet to the point of beginning. 1'he facilities erected hereunder shall remain the property of Grantee. Grantee shallhave'the -right to ingress and egress from the above-described property and make changes and 'additions in its facilities as it may from time to time deem advisable. Grantee shall have at all times the ,right to keep the easement clear of all buildings, structures, and other obstructions,- and the right to trim, cut down, and remove such trees, brush, saplings, bushes, and uridergrowth as may be necessary for the purposes for which this easement is granted. Grantor may use the land within the easement for,any purpose not inconsistent with the rights -hereby granted, provided such use does not interfere with or endanger Grantee's facilities. 'Damages caused by Grantee or„ its agents to the underlying real estate of the Grantor while constructing or maintaining its facilities hereunder shall be remedied by the Grantee. L ! J� P F. P F � , This easement and the rights reserved therein- shal-1 be binding upon L- the Grantor and Grantee and their respective successors and assigns. i ` , SIGNED AND SEALED this C>'-^ day ofcpv� (pet2- , 2004 P - CITY OF TIFFIN, IOWA r By: Z9 ,. Glenn R. Potter Mayor F Printed name Attest, 4 Mar are Reihman ,City Clerk , fra Printed name a a STATE OF IOWA ); ss. JOHNSON COUNTY/f) b ' r On this 1 day of 2004, before me, the undersigned, a Nota y Pu ''}}n and for th Stat of lQwa, a personally appeared - fy-r►r) FA+) and • X11 � to me personally known, who, being by me duly sworvi, did say that they are the Mayor"and City Clerk, respectively, of, the City of Tiffin, Iowa, 'a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the municipal corporation, and that the instrument was signed andP sealed on, behalf of the municipal" corporation by the authority'of its City Council, as cont wed in Resoluti n No., of the,City Coynci 1 oyr},�,A,}�e � day of 2004; and that /`dTiu and Ln v� acknowledged ,w the execution of the instrument to be their voluntary act'and deed and the voluntary act and deed of the municipal corporation, by it and byithem voluntarily executed., i ,y�t gTE�►EN�' mbefN .T COMM, on on Notary Public State of Iowa ° My tom y Printed name: My commission expires: -2- 5 • CITY OF TIFFIN IOWA RESOLUTION NO.2004- A RESOLUTION APPROVING THE ENTERING INTO OF A UTILITY EASEMENT > WITH LINN COUNTY RURAL ELECTRIC COOPERATIVE ASSOCIATION WHEREAS, Linn County Rural Electric Cooperative Association desires to construct and'maintain electrical lines for the transmission and distribution of electric energy over a certain portion of City owned property that is generally located on the boundary line of Lot 4 Bigelow Subdivision and U.S. Highway Six; AND WHEREAS, the City believes it to be in the best interest of the City to grant an easement for said+property to Linn County Rural Electric Cooperative Association; F AND WHEREAS, the Parties have reduced to writing, terms of said Utility Easement, a copy of which is attached hereto and incorporated herein. `NOW, THEREFORE, BE IT RESOLVED, by the City Council of Tiffin, Iowa; that the Easement attached hereto is approved. The Mayor and City Clerk of Tiffin, Iowa, are hereby authorized and directed to execute said document. ON THE 8th.day of November, 2005, at a regular meeting of the TiffinCity Council, Tiffin, Iowa, Councilperson DI �s introduced A RESOLUTION APPROVING THE ENTERING INTO OF A UTILITY EASEMENT AGREEMENT WITH LINN COUNTY RURAL ELECTRIC COOPERATIVE ASSOCIATION, and made a motion for approval. The motion was seconded by Councilperson _BaV-it 15 Ayes:' yes: �(� lie �i Gk? lie IS�-i-eirSG h Nays: one- fl Motion carried. WHEREUPON, the Mayor declared that the RESOLUTION APPROVING THE ENTERING INTO OF A UTILITY EASEMENT WITH LINN COUNTY RURAL ELECTRIC COOPERATIVE ASSOCIATION, be adopted and signified his approval of the same by 4 affixing his signature thereto. PASSED, by the.Council on the 8th day of December 2004, and approved by the Mayor on the 8th day of December. 2004. MAYOR: Glenn R. Potter EST: Aq/gar t B. Reihrria>n City Clerk '0: Page 2 of 2 S:\Clients\Cities\Tiffin\Gas & Electricity Franchise -193\reso apprving utility easmt.doc Last printed 12/8/2004 12:19 PM kd LINN COUNTY RURAL ELECTffRIC COOPERATIVE ASSOCIATION a%-EeTRfe EASEMENT The undersigned owner, the City of. Tiffin, Iowa, hereafter referred to as Grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby grants unto the Linn County Rural Electric Cooperative Association, an Iowa co- operative association, hereafter referred to as Grantee,, a perpetual right-of-way, easement for the purposes of constructing, .reconstructing, operating, maintaining, upgrading, and removing, lines for the transmission and distribution of electric energy and for communication and electrical controls, including the necessary poles, towers, wires, guys, anchors, and other appurtenances, and to permit the attachment thereto of facilities owned by others, 'together with the right of ingress and egress, under, across`, and along the real estate :Located in Johnson County, Iowa, described as follows:` .A. part of Lot #4 of Bigelow Subdivision and more particularly described as follows: x Co=enciag at the Northeast corner of said Lot #4; thence SO1°08'14"E along the East line of said Lot #4 which is also the Westerly right of way line of Highway #380 a distance of 20.25 feet to the point of beginning of this description; thence continuing SO 1008'14"E along said East line a distance of 10.12 feet; thence N82008'46"W a distance of 1075.31 feet; : r ` thence S66003'24"W a distance of 36.58 feet; thence S00°35'40"E a distance of 133.12 feet; thence N89°24120"E a distance of 5.00 feet; thence 900935140"E a distance of 20.00 feet; thence S89°24'20"W a distance of 5.00• -feet; thence S00035'40"E a distance of 447.03 feet to the South line of said Lot 44; thence $86°50'19"W a distance of 15.02 feet; thence N00035'40"W a distance of 605.23 feet; thence N66003'24"E a distance of 51:45 feet; thence S82°08146"E a distance of 1076.58 feet to the point of beginning. `hne facilities erected hereunder shall remain -the property of Grantee. Grantee shall have, the right to ingress and egress from the above-described property and make changes and additions in its facilities as it may from time to time deem advisable. Grantee shall have; at all times the right to keep"the easement clear of all buildings, structures, and other obstructions, and the right to trim, cut down, and remove such trees, brush, saplings, bushes, and undergrowth as may be necessary for the purposes for which this easement is granted. Grantor may use the land -within the easement for any purpose not inconsistent with the rights hereby granted, provided such use does not interfere with or endanger Grantee's facilities. Damages caused by Grantee or its agents to the underlying real estate of the Grantor while constructing or maintaining its facilities hereunder shall be remedied by the Grantee. 0 0 a sN `\ 0 K f . 3 v 4 This easement and the rights„ reserved therein shall be binding upon the Grantor and Grantee and their respective v successors and assigns. CDP SIGNED -AND SEALED this 011-4 day of 1: Pm be r? , 2004. CITY OF TIFFIN, IOWA - By: x Glenn R. Potter Mayor Printed name Attest:. Mar aret B Reihman ,City'Clerk Printed name STATE OF IOWA ) ) ss. JOHNSON COUNTY ) k. On this day of ,� 1C�C,t, 2004, before me, the undersigned, a NotaY2-rin y Pu}Y6+�r' and for th Stat of Iowa, personally appeared /� and �13 P4)AyAn. to me personally known, who, being.by me duly sworA, did say that they are' the Mayor and City Clerk, respectively, "of the City of Tiffin, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the municipal corporation, and that the instrument was signed and sealed on behalf of the municipal corporation by the authority of its City Council, as contd in Resoluti n No. of the City Co ncil ori ,t}�e �S' " , day of _ 2004; and that ��,�/1 / �7�zr and e n acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the municipal corporation, by it and by them voluntarily executed.} HER S Bb E�r1 t4 e 180581 o �O r Com N °n�_Vlre5 Notary Public, State of Iowa Printed name: My commission expires. Q �f 3 -2-