HomeMy WebLinkAboutRESOLUTION NO. 2023-105RESOLUTION NO. 2023-105
RESOLUTION APPROVING AN EASEMENT FOR SANITARY SEWER
FACILITIES ON PARCEL A& PARCEL B OF PLAT OF SURVEY #487
WHEREAS, Ronald C. Hilton intends to extend Public Sanitazy Sewer Facilities to and tllrough
his properties 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 Sanitaiy Sewer Facilities upoil a portioil
of his property at Parcel A& Parcel B of Plat of Survey #487 in the City of Fairfax, Iowa; and
WHEREAS, Ronald C. Hilton intends to dedicate said Public Sanitary Sewer Facilities to t11e City
of Fairfax for the purpose of repairing, reconstructing, and rnaintaining said sanitary sewer facilities once
said Public Sanitaiy Sewer Facilities have been constructed and accepted by the City of Faii-fax; and
WHEREAS, Ronald C. Hilton intends to establish and dedicate a perinanent Easement for
Sanitary Sewers Facilities to the City of Fairfax for the purpose of repairii�g, reconstructing, and
maintaining said public sanitary sewer facilities on a portion of his property once said Public Sanitary
Sewer Facilities have been constiucted and accepted by the City of Fairfax; and
WHEREAS, Hall and Hall Engineers, Inc. has reviewed the Easeinent Agreement for said sanitary
sewer facilities on a portion of Ronald C. Hilton's property and recommends that the Fairfax City Council
approves this Easeinent Agreement.
NOW, THEREFORE, BE IT RESOLVED, By the City Council of the City of Fairfax, Iowa, that
this sanitary sewer facilities easement agreeinent 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 12`�' day of Septeinber, 2023.
AYES: Nurre, Daly, Pacha, Vollc, and Wainwright
NAYS: None
� �� ��
Jo Am� Beer, Mayor
ATTEST:
� � \ _ -
, �
C nthia Stilnson, City Cler
A
� S �
. � � :.�. ,�, t. � � 4
TF�i� instrurnen� m�de this � elay pf �; 2Q23, by Ror�ald C. Nilton,
owner��) {hereif�after referrec� to as Gra��tor) of the following d scribeci property:
Parcel A and Parcel � of Plat of �urvey # 48i as r�corded in ��c�t� 3�°i6, Page 235 in
th� o�fice o� �h�: L.inn C�u�ty R�corcier.
WHEI��AS, th� owner in fee simpl� of the r��l �arQ�e�ty knnwn �nd described as set out
abc�ve i� the Grant�r, �nd
WNEREA�, s�nit�ary sewer faciliti�s wifl be constructed upon and under � pc�rtion of the
abc�ve r��l prr�perty c�wn��t t.�y fa�e Grar�toE�, ar�rd
WN�(�ERS, the Gr�ntor� l�as agreed to give the City af Fairfax, law�, � perp�tu�l �nci
continual easement for the purpose of repairing, recanstructing, �nd rr��int�ining �aid sanitary s�wer
facilifies upor� � por�tiar� of the real praperty of fhe Grantor, ft�r consideratic�n of $1.p0 �nd other
v�ivable considerations duly paid and acknowledged.
TH�RE�t�RE, for the above consideration the Grantc�r hereby grants unto the City �f F�ir�ax,
Ic�wa, anci its assigns a perpetual at�►d ct�ntinual easement for the purpc�se of repairing,
reconstructir7g, and maintaining said sanitary sev��r facilities upc�n and under the follawing portions of
the c�escribed pro�e��iy;
� :R �1
The Grant�i� agrees ko prc�tect, defien�i, �nd hold the City Qf Fairfax, lowa harmless fr�m �ny
�ncJ ai! d�mage� ttjat mi�ht �rise nr accrue as a result of �ccept�nce and recarding �f this eas�n�ent.
The Grantor fur�her agree� ia erect no buiidings, cabstructions or c�ther imprpvements u�an �r
und�r the property cavered by this ��s�t�nent which would interfere with repairing, reconsiructing,
�nd maintaining said sanitary sewer faci(ities utithout first obtaining permissian frc�m the City of
Fairfax, low�. If the Gr�nt�r erects buildit�gs, ot�structians, or other improvements upon or under ihe
p�-operty covered by this easement, then the Grantor shaU be fulPy res�onsibEe fc�r �II casts
associated v�ith the remov�l, repair and I or ��eplaceme►it af fhe�e builciings, obstructions, or other
improvernents thafi may b� nec�ssary due to the rep�iring, recc�nstruction, �r�d maintenance of said
sanitary sewer facilities.
The Grantor agrees this Agreement shall be binding upon the Property flwner their
successears, �nd assigns and the sale by the Prc�perky Owner nf �II or �ny p�rt of saici property
described �bove shall trarisfer obligations of the Prc�perty C�wner to the successc�r in interest.
.
Y �... -�3 � ! �/ 'f� i � - y��
gy:- . f-��'-='' -;�'�,;,� .-
" � Ronald C. ilton
STAT� C}F IQWA
�CJk�NTY O� L.INN
)
} ss:
)
�� � :�.�.�__ �°,� ��� ��
Date t
Thi� in��run�ent v+r�� �ckr���vl��ge�� �efc�re n�e �n ��� "����%� , 2Q�3, by R�nakc! C.
Hilton.
°,�� �, l�-�(. f'�.-���
N ary ublic - State f Ic�w�
.�.�!�J., � .' �� "`.�` �
�����-�� �
,.�, .,��� �' �
EXHIBIT A
SANITARY SEWER FACILITIES
EASEMENT PLAT
A PART OF PARCELS A 8 B
PLAT OF SURVEY # 487
FAIRFAX, LINN COUNTY, IOWA
PARCEL A
PLAT OF SUR�EY,j/ 487
PART OF LOT 1
✓AMES KURTZS
2N0 ADD/TION
SANITARY SEVv
EASEMENT
OJ 6 ACRES
N 235' 44"W _
38.19' \
FOUND 5/8"0
IRON REBAR �
S75'52'38"W
13.25'
PROPRIETOR
RONALD C. HILTON
LEGEND
PROPERTY LINE
— — — — — ADJOINING �OT UNE
i /1���1 EASEMENT AREA
C 1J
N 70'46' 54"E
17.94'
FOUND 5/8"�
IRON REBAR
W/A�UMINUM CAP
� FOUND 5/8"m IRON REBAR
W/ORANGE CAP N0. 10679
(UNLESS OTHERWISE NOTED)
PARCEL B
PLA i OF SUR IiEY �' 487
��y; �
��O�yO
1�`
5y
N
0 25 50 100
SCA�E IN FEET
LOT 2
KURTZS 1ST ADDITION
/
/
/
/
/
/
/
/
/
�! 5235'44"E
� 37.52'
POINT OF BEGINNING
SE CORNER
PLAT OF SURVEY /j 487
FOUND 5/8"4 IRON
REBAR W/ALUMINUM CAP
�O
JQ'
Jv�
t�O
7
�.�P'� �
`v /
v' /
/
/
/
�---
�
�
I
LEGAL DESCRIPTION
A Sanitary Sewer Easement in that part of Parcels A and B,
Plot of Survey # 487, City of Fairfax, Linn County, lowa
described as follows:
Beginning at the Southeost corner of Plat of Survey � 487;
thence South 50' 30' 14" West 220.09 feet olong the South
line of soid Plot of Survey # 487;
thence South 75' S2' 38" West 13.25 feet along soid South
line to the Southwest corner thereof;
thence North 2' 35' 44" West 38.19 feet along the West line
of said Plat of Survey # 487.;
thence North 70' 46' S4" East 17.94 feet;
thence North 50' 30' 14" East 214.83 feet to o point of
intersection with the East line of said Plat of Survey # 487;
thence South 2' 35' 44" East 37.52 feet alonq said East line
to the point of beginning, containing 0.16 acres.
For the purpose of this description, the East line of Plat of
Survey # 487 is assumed to bear South 2' 35' 44" East.
EXHIBIT A DRAWN: E�S scr,r,00R-eor,�Fnz�
SANITARY SEWER FACILITIES APPROVED: LPB E"�'"EE�u"�&suaver�r,s,�c
1 OF 1 EASEMENT PLAT CEDAR,RAPIDSEI! 52 04 c h n o o r_
SCALE: i°=50'
A PART OF PARCELS A 8 B DATE: 08/71 /2023 �319) 298-8II88 (PHONE) o n i f a z i
PLAT OF SURVEY # 4S7
FAIRFAX, LINN COUNTY� IOWA PROJECT NO.: 23071 � [nr�ineerir.r & Surve��na I