HomeMy WebLinkAboutRESOLUTION NO. 2023-65RESOLUTION NO. 2023-65
RESOLUTION APPROVING THE SIDEWALK PLAN OF IMPROVEMENTS
ALONG THE EAST SIDE OF LEFEBURE ROAD ADJACENT TO LOGISTICS
PARK CEDAR RAPIDS, LLC & THE EASEMENT FOR PUBLIC SIDEWALK,
ALL LOCATED IN SECTION 15, TOWNSHIP 82 NORTH, RANGE 8 WEST OF
THE FIFTH P.M. IN THE CITY OF FAIRFAX, LINN COUNTY, IOWA
WHEREAS, per the approved Development Agreement (City Resolution No. 2021-15)
Logistics Park Cedar Rapids, LLC is constructing sidewalk in the easterly right-of-way of
Lefebure Road adjacent to their property in Section 15, Township 82 North, Range 8 West of the
Fifth P.M. in the City of Fairfax, Linn County, Iowa, and
WHEREAS, the north end of said sidewalk encroaches into Logistics Park Cedar Rapids,
LLC property to accommodate the Lefebure Road ditch, a storm sewer culvert, and connect to
the existing driveway, which is located just south of the triple reinforced concrete box culvert,
and
WHElZEAS, Jed Schnoor with Schnoor Bonifazi Engineering & Surveying has submitted
plan of improvements for said sidewalk, as well as an Easement for Public Sidewalk for the
portion of this sidewalk that encroaches on to the Logistics Park Cedar Rapids, LLC property,
and
WHEREAS, Hall and Hall Engineers, Inc. has reviewed said sidewalk plan of
improvements as well as the Easement for Public Sidewalk and recommends that the Fairfax
City Council approves the sidewalk plan of improvements as well as the Easement for Public
Sidewalk.
NOW, THEREFORE, BE IT RESOLVED, By the City Council of the City of Fairfax,
Iowa, that the sidewalk plan of improvements and the Easement for Public Sidewalk are approved.
NOW, THEREFORE, BE IT FURTHER RESOLVED, By the City Council of the City
of Fairfax, Iowa, that the Mayor and City Clerk are hereby authorized and directed to execute said
Resolution.
Passed and approved this 13th day of June, 2023.
AYES: Nurre, Daly, Pacha, Volk, and Wainwright
NAYS: None
ATTEST:
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C nthia Stimson, City Clerk/Treasurer
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Jo Ann Beer, Mayor ' �,- ; � �
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EASEMENT FOR PUBlIC SIDEWALK
This instrument made this �v� �' day of , 2023, by Logistics Park
Cedar Rapids, LLC, Owner (hereinafter referred to ' Grantor) of the following described
property:
THAT PART OF THE SOUTH HALF (S1/2) OF THE NORTHWEST QUARTER (NW1/4)
OF SECTION FIFTEEN (15), LYING SOUTH OF THE RIGHT-OF-WAY �F THE C.M.
ST. P. & P. RAILWAY COMPANY, AND THE NORTH HALF (N1/2) OF THE
SOUTHWEST QUARTER (SW1/4) OF SECTION FIFTEEN (15}, ALL IN TOWNSHIP
EIGHT-TWO (82) NORTH, RANGE EIGHT (8) WEST UF THE FIFTH (5) P.M.,
EXCEPTING ALL LEGAL HIGHWAYS.
in the City of Fairfax, Linn County, lowa
WHEREAS, the owner in fee simple of the real property known and described as
set out above is the Grantor, and
WHEREAS, a public sidewalk providing for ingress/egress exists or is proposed for
construction upon and under a portion af the above real property owned by the Grantor,
and
WHEREAS, the Grantor has agreed to give to the City of Fairfax, lowa, a perpetual
and continual easement for public sidewalk and ingress/egress upon a portion of the real
praperty of the Grantor, for consideration af One Dollar and other valuable considerations
duly paid and acknowledged.
THEREFORE, for the above consideration the Grantor hereby grants unto the City
of FairFax, lowa and its assigns a perpetual and cantinual easement for a public sidewalk
for the purpose of ingresslegress upon and under the following portions of the above
described property:
See Attached Exhibit A
FURTHERMORE, the Grantor hereby agrees to the following conditions:
a. The Grantor shall maintain, repair and reconstruct the sidewalk facilities
located within this easement just as the Grantor shall maintain, repair and
reconstruct the remaining sidewalk adjacent to their property, in conformance
with the City's Codes and Ordinances.
b. The Grantor agrees to indemnify and hold harmless the City for damages or
claims for damages that may arise or accrue as a result of the City Council's
approval of this Easement.
c. The Grantor agrees to erect no buildings, obstructions or other improvements
upon or under #he property covered by this Easement which would interFere with
public ingress/egress and the public sidewalk facilities without first obtaining
permission from the City of Fairfax, lowa.
The Easement and rights herein described shall be binding upon the Grantor, its heirs and
assigns.
Lagistics Park Cedar Rapids, LLC
By. �� i��4�v7 ��'�.
Dee Brown, Director of Operations
STATE OF IOWA )
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COUNTY OF LINN )
.M��� S�, ANDREW J CERNIN
��F �missi�on�Nu� ���?4
November 3� 2023
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Date
This instrument was acknowledged befo�e me on "'� � �' , 2023, by
Dee Brown, Director of Operations af Logistics Park Cedar Rapids, LLC.
otary Public - State of owa
EXHIBIT A
PUBLIC SIDEWALK EASEMENT PLAT
A PART OF THE NW 1/4 SW 1/4, SECTION 15,
TOWNSHIP 82 NORTN, RANGE 8 WEST OF THE 5TH P.M.
FAIRFAX, UNN COUNTY, IOWA
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POINT 4f.._ __ -----. �,�.
6EGINNING � '!,'',
�,N2'11'31 "W r�,. ��
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OF
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� SECT. 15-82-5
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i ; " EXISTING WATER ��" \h�
j � MAIN EASEMENT ��0�
j � N89'26'26"E y�
_! ��` 60.02'
SOUTH LINE SW 1/4 NW 1/4
SECTION 15-82-8
'— NORTIi UNE NW 1/4 SW 1 4
N87'48'29"� SECTION 15-82-8
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0 50 100 20D
SCAIE IN FEET
LEGEND
PROPERTY LINE
— — — — — ADJOINING LOT LINE
-- EASEMENT LINE
`f,.-r f'r,/ ,r , EASEMENT AREA
PROPRIETbR
LOGI511CS PARK
CEDAR RAPIDS, lLC
PUBLIC SIDEWALK EASEMENI—�
0.15 ACRES —
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q���
S2'11'31"E `��
130.00' y
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I � S87'48'24"W
j 50.00' �
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� WEST IJNE NW 1/4
� SW i /4 5ECTION
i 15-82-8
- "`'('-�`--""p' LEGAL DESCRIPTION
•ti '; That part of the Northwest Quarter of the
'— r ----- Southwest Quarter in Section 15, Township 82
c^qy' � T North, Range 8 Wast of the 5th P.M, Fairfax,
g�, r`�cr.'"' EXISTING Linn County, lowa, described us follows:
y �t SANITARY
���.� SEWER Commencing ot the West Comer af said
EASEMENT Section 15;
;t thence North 89' 26' 26" East 60.02 feat
�` along the North line of the Northwest Quarter
��,�.--'� � of the Southwest Quarter of said Section 15
to a pofnt on the East right—of—way line of
� J ���'�1�' Lefebure Rood;
thence South 2' 11' 31" East 101.35 along said
�''Y'2, East right—of—way line to the point of
q�, �,�"'d`. beginning;
�' 'v't thence North 87' 48' 29" Eost 50.00 feet;
�'.+p-��' thence South 2' 11' 31" East 130.00 feet;
thence South 87' 48' 29" West 50.00 feet to
the said East right—of—way line of Lefebure
Road;
thence North 2' 11' 31" West 130.00 feet along
said East right—of—way line to the point of
beginning, containing 0.15 acres subject to
Covenants. Easements and Restrictions of
Record.
For purposes oF this description, the East
right—of—wny line of Lefebure Raad is assumed
' ���}2�8 to bear South 2' ii' 31" East.
�' a� o�5y,8
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, SE��
SOUTHYVEST CORNER
NW 1/4 SW 1/4
SECT. 15-82-6
EXHIBIT A
PUBLJC 31DEWALK EA3EI�NT PLAT
A PARf oF 1FE NW U4 8W 1/4, 9EC710N 75,,
TOVVNBFIP 82 NOHfl�. RANC� 8 WESf OF TFE
5fH PM
FAFIFAX, LNN COUNIY, IOWA
DRAWN:
PROJECT NO.:
SCHNOOR-BONIFAZI
EIVGINEERING & SURVEI7NG, LC
431 F7FfH AVENUE SW c h n a o r
CEDAR RAPIDS,IA 52904 .
(319) 29&8888 (VHONE) o n if a z i
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