HomeMy WebLinkAboutRESOLUTION NO. 2023-103RESOLUTION NO. 2023-103
RESOLUTION APPROVING A TEMPORARY CONSTRUCTION EASEMENT
FOR CONSTRUCTING SANITARY SEWER FACILITIES ON A PORTION OF
PARCEL A, PLAT OF SURVEY NO. 2079
WHEREAS, Ronald C. Hilton intends to extei�d Public Sanitary Sewer Facilities to and through
his pro�erties located at Parcel A& Parcel B of Plat of Survey #487 in the City of Fairfax, Iowa; and
WHEREAS, Ronald C. Hilton intends to construct Public Sai�italy Sewer Facilities upon a portion
of the City of Fairfax's property at Parcel A, Plat of Survey No. 2079; and
WHEREAS, Ronald C. Hilton intends use a portion of the property at Parcel A, Plat of Survey No.
2079 to connect to the City's existing sanitary sewer facilities and ro stage construction inaterials and
equipment as necessary to coinplete the sanitary sewer project, and shall return the property to its existing
condition prior to construction; and
WHEREAS, Said ternporaiy construction easeinent shall ter7niliate upon the City's acceptance of
the public sanitary sewer iinprovesnents; and
WHEREAS, Hall and Hall Engineers, Ine. has reviewed the Ten�porary Construction Easement
Agreeinent for constructing said sanitary sewer facilities on a portion of the City's pi•operty and
recoininends that the Fairfax City Council approves this Easement Agreeinent.
NOW, THEREFORE, BE IT RESOLVED, By the City Council of the City of Fairfax, Iowa, that
this sanitary sewer facilities easeznent agreement is 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 12t�' day of September, 2023.
AYES: Nurre, Daly, Pacha, Volk, and Wainwright
NAYS: None
(�� �i yr�� �iv�
Jo Ann Beer, Mayor
ATTEST:
�' 9 � � � ,
nthia Stiinson, City Clerk �
TEMPORARY CONSTRUCTION EASEMENT FOR STAGING AND GRADING
This instrument is made this � day of ,� �s f, 2023, by the City of
Fairfax, owner(s), (hereinafter referred to as GRANTOR) of the following described
property:
Parcel A, Plat of Survey No. 2079
WHEREAS, the OWNER in fee simple of the real property known and described
as set out above is the GRANTOR, and
WHEREAS, Ronald C. Hilton, (hereinafter referred to as GRANTEE) proposes a
temporary staging area and to grade, shape and seed improvements upon a portion of
the above real property owned by the GRANTOR, and
WHEREAS, the GRANTOR has agreed to give the GRANTEE, a Temporary
Construction Easement for Staging and Grading for the purpose of staging, grading,
shaping and seeding, if applicable, upon the entire real property of the GRANTOR, for
consideration of $1.00 and other valuable consideration duly paid and acknowledged.
THEREFORE, for the above consideration the GRANTOR hereby grants unto
the GRANTEE the Easement and rights herein described, which Easement and rights
shall be binding upon the GRANTOR.
GRANTEE agrees to restore the easement area in a timely manner including, but
not limited to, the restoration of lawns by seeding, complete restoration of any
driveways, fences or other structures modified as a requirement of the construction,
upon completion of the construction or repairs.
It is further agreed this agreement shall terminate and shall be considered null
and void at the time that the City of Fairfax accepts the public improvements.
Words and phrases herein shall be construed as in the singular or plural number,
and as masculine, feminine or neuter gender, according to the context.
City of Fairfax
By: �v C2��--•�`'��,•�--�
Jo Ann Beer, Mayor
STATE OF ��>�,t?�
COUNTY OF Lr� �
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Date
This instrument was acknowledged before me on �/� %.� , 2023, by
Jo Ann Beer, Mayor of the City of Fairfax.
,�pa'� �:�, CYNTHIA K. &TIMSON
;�� Commission Numb�r 12�033
My Commissio� Expir�s
� ow April 13, 2025
Ronald C. Hilton
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N ary Public
By: � � ����
Ronald C. Hilton
STATE OF �a w �..
COUNTY OF L; �r.
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Date
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This instrument was acknowledged before me on �� s�-- �_, 2023,
Ronald C. Hilton.
�..� (�s _ �.a��
q ak,� Ethan Small Notary Public
_� Commission Number:�38492
iowp My Commission Expires
Ma�rch 31, 2025