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Resolution 21-91

The City of Monticello, Iowa

IN THE NAME AND BY THE AUTHORITY OF THE CITY OF MONTICELLO, IOWA

RESOLUTION #2021-91

To approve Public Utility and Storm Water Easement with Orbis Corporation and direct recordation of same

WHEREAS,  The City of Monticello owns the sanitary sewer main that has long existed on the Orbis Corporation Property, and

WHEREAS,  Orbis Corporation has agreed to the terms of the Public Utility and Storm Water Easement for the following purposes:

  1. Water Main: To construct, reconstruct, repair, alter, maintain, and operate, at Grantee’s expense, a Water Main and related infrastructure, together with necessary appurtenances thereto, under and/or through said Easement Area.  This easement being granted in connection with a previously approved Development Agreement between Grantor and Grantee that provided for the installation of a water main in the Easement Area; and
  1. Sanitary Sewer Main: To construct, reconstruct, repair, alter, maintain, and operate, at Grantee’s expense, a Sewer Main and related infrastructure, together with necessary appurtenances thereto, under and/or through said Easement Area.  This easement being granted in connection with a previously approved Development Agreement between Grantor and Grantee.
  1. Storm Water Easement: To permit the flow over and across the Easement Area and Grantor’s adjacent real property (in the manner existing as of the date of this Agreement) of storm water from adjacent real property owned by Grantee, including without limitation the adjacent publicly dedicated streets and rights of way.

WHEREAS,  The City Council approved a Development agreement with Orbis by Resolution #17-35 dated April 3, 2017, which was amended by Resolution #19-27 dated March 4, 2019, and

WHEREAS,   The City Council through the amend developer’s agreement agreed to the following:

That the extension of additional water main, “The Project” was necessary for the Orbis Warehouse project and provides additional significant benefits to the area and the community in general, and the granting of easements to the City to repair, maintain and replace the new main, the previously existing sewer main for which the City may not have had previously established easement rights, and drainage way rights are all beneficial to the community.

WHEREAS,  The Council finds that the Public Utility and Storm Water Easement should be approved, accepted, and recorded.

NOW, THEREFORE, BE IT RESOLVED that the City Council of Monticello, Iowa does hereby approve of the proposed Easement, and directs that they be recorded with the Jones County Recorder.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and caused the Great Seal of the City of Monticello, Iowa to be affixed hereto.  Done this 16th day of August, 2021.

Brian Wolken, Mayor

Attest:

Sally Hinrichsen, City Clerk