Item Coversheet

Council Communication

Department: Legal
Case/Project No.:
Submitted by: Graham Jura 
Resolution 22-12
ITEM 3.L.
Council Action: 1/10/2022
Description

Resolution of Intent to grant a Perpetual, Non-Exclusive easement for utilities located under and on the north 10 feet of a parcel of land located in the SE ¼ SW ¼ and the SW ¼ SE ¼ of 11-74-44, to Midamerican Energy Company and setting a Public Hearing for January 24, 2022 at 7:00 p.m.

Background/Discussion

On May 24, 2021, the Council approved Resolution 21-158 granting a perpetual, non-exclusive easement for utilities to MidAmerican Energy.  However, it was later discovered that the City was provided the incorrect legal description for the purported easement area. Because the previous resolution authorized an easement over land not owned by the city, the Resolution 21-158 and easement granted therein are void.  This resolution is created to provide the correct legal description and easement language in the attached Exhibit “A.”. 
Recommendation

The City Legal Department recommends approval of this Resolution and the setting of a public hearing.
ATTACHMENTS:
DescriptionTypeUpload Date
Exhibit AOther12/7/2021
Public Hearing NoticeNotice12/7/2021
Resolution 22-12Resolution1/4/2022