Resolutions-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 g his si t eto: Attes _ _ // / - y-. same711rl B Royc D ayo Ruth Demuth, City Clerk