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Home My WebLink AboutRESOLUTION NO. 2022-28Fairfax/419915-34/Set Hrg UR Au�end (adds) RESOLUTION NO. 2022-28 RESOLUTION SETTING DATE FOR PUBLIC HEARING ON DESIGNATION OF THE EXPANDED FAIRFAX URSAN RENEWAL AREA AND ON URBAN RENEWAL PLAN AMENDMENT WHEREAS, this City Council of the City of Fairfax, Iowa (the "City") by resolution previously established the Fairfax Urban Renewal Area (the "Urban Renewal Area") and adopted an urban renewal plan (the "Plan") for the governance of projects and initiatives therein; and WHEREAS, a proposal has been made which shows the desirability of expanding the Urban Renewal Area to add and include all the property (the "Property") lying within the legal description set out in Exhibit A; and WHEREAS, this City Council is desirous of obtaining as inuch information as possible froin the residents of the City before making this decision; and WHEREAS, an amendment (the "Amendment") to the Plan has been prepared which (1) covers the addition of the Property to the Urban Renewal Area; and (2) authorizes the undertaking of new urban renewal projects in the Urban Renewal Area consisting of (a) using tax increment financing to pay the costs of planning, designing and constructing street, sanitary sewer system and storin water drainage system iinprovements; (b) using tax increment financing to the pay the costs of planning, designing and constructing municipal waterworks system improvements; and (c) using tax increinent financing to pay the costs of planning, designing and constructing recreational trail improvements, and WHEREAS, a portion of the Property meets the definition of "agricultural land" under Section 403.17 of the Code of Iowa and pursuant to said law, certain consent agreements (the "Ag Land Consents") have been prepared for execution by certain owners (the "Ag Land Owners") of the Property; and WHEREAS, a portion of the Property is located outside but within two miles of the incorporated limits of the City, and a resolution (the "County Consent Resolution") has been prepared for adoption by the Board of Supervisors of Linn County, Iowa in satisfaction of the consent requireinents of Section 403.17.4 of the Code of Iowa; and WHEREAS, it is now necessary that a date be set for a public hearing on the designation of the expansion of the Urban Renewal Area and on the Amendment; NOW, THEREFORE, Be It Resolved by the City Council of the City of Fairfax, Iowa, as follows: Section 1. This City Council will meet at the Fairfax City Hall, 300 80r�' St. Ct., Fairfax, Iowa, on April 12, 2022, at 6:00 o'clock p.ln., at which tiine and place it will hold a public hearing on the designation of the expanded Urban Renewal Area described in the preamble hereof and on the Ainendment. -2- DORSEY & WHITNEY I,LP, ATTORNEYS, LINN, IOWA Fairfax/419915-34/Set Hrg UR Amend (adds) Section 2. The City Clerk shall publish notice of said hearing, the saine being in the fonn attached hereto, which publication shall be inade in a legal newspaper of general circulation in Fairfax, which publication shall be not less than four (4) and not tnore than twenty (20) days before the date set for hearing. Section 3. Pursuant to Section 403.5 of the Code of Iowa, the City Clerk is hereby designated as the City's representative in connection with the consultation process which is required under that section of the urban renewal law. It is hereby directed that representatives of Linn County and the College Coinmunity School District be invited to participate in the consultation. Section 4. The proposed Ainendment is hereby subinitted to the City's Planning and Zoning Commission for review and recoinmendations, as required by Section 403.5, Code of Iowa. Section 5. In satisfaction of the consent requireinents set forth in Section 403.17(10) of the Code of Iowa with respect to the inclusion of "agricultural land" in an urban renewal area, the City hereby consents to the inclusion of the portion of the Property owned by the City in the Urban Renewal Area. Further, the City Clerk is hereby directed to present the Ag Land Consents for execution to the other Ag Land Owners of the Property. Section 6. The County Consent Resolution is hereby approved for presentation to Linn County, Iowa for execution and delivery to the City prior to the public hearing on April 12, 2022. Passed and approved March 8, 2022. ,-7< ��.�.�-��t' �.� JY--.-.U� Burnell G. Frieden, Mayor Attest: � , , �C �� i � 7�l ��Cc;� -��`d'�'t''�.. Cy thia K. Stimson, City Clerk/Treasurer , ,�t �� 4f G�y9 i°�P��X ta. µyb, ; ; ,; � �F ,;. ', , � � � .:tt;'. -3- DORSEY & WHITNEY LLP, ATTORNEYS, LINN, IOWA Pairfax/419915-34/Set Hrg UR Amend (adds) NOTICE OF PUBLIC HEARING ON DESIGNATION OF EXPANDED FAIRFAX URBAN RENEWAL AREA AND ON PROPOSED URBAN RENEWAL PLAN AMENDMENT Notice Is Hereby Given: That at 6:00 o'clock p.in., at the Fairfax City Hall, 300 80t�' St. Ct., Fairfax, Iowa, on April 12, 2022, the City Council of the City of Fairfax, Iowa will hold a public hearing on the question of ametlding the urban renewal plan (the "Plan") for the Fairfax Urban Renewal Area and designating an expanded Fairfax Urban Renewal Area (the "Urban Renewal Area"), pursuant to Chapter 403, Code of Iowa, by adding and including certain real property situated in the City of Fairfax, Linn County, State of Iowa, more particularly described as follows: PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 16, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE STH PRINCIPAL MERIDIAN, LINN COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 16; THENCE S2°11'40"E ALONG THE EAST LINE OF SAID SECTION 16, A DISTANCE OF 200.00 FEET; THENCE S87°48'20"W, 60.00 FEET TO THE WEST RIGHT OF WAY OF LEFEBURE ROAD; THENCE N45°27'43"W ALONG SAID WEST RIGHT OF WAY, 205.16 FEET; THENCE N1°30'39"W ALONG SAID WEST RIGHT OF WAY AND A NORTHERLY EXTENSION THEREOF, 53.00 FEET TO THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE N88°29'21 "E ALONG SAID NORTH LINE, 200.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.69 ACRE; I:�U�7 PART OF THE NORTHEAST QUARTER, SECTION 10, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE STH PRINCIPAL MERIDIAN, LINN COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE N00°03'08'B ALONG THE WEST LINE OF SAID NORTHEAST QUARTER OF SAID SECTION 10, A DISTANCE OF 40.02 FEET TO THE NORTH RIGHT-OF- WAY LINE OF E. CEMETERY ROAD; THENCE S88°04'S7"E ALONG SAID NORTH RIGHT- OF-WAY LINE OF E. CEMETERY ROAD, A DISTANCE OF 350.00 FEET TO THE EAST PROPERTY LINE OF AUDITOR'S PLAT #1269; THENCE S00°03'08"W ALONG SAID EAST PROPERTY LINE OF AUDITOR'S PLAT #1269, A DISTANCE OF 40.02 FEET TO THE CENTERLINE OF E. CEMETERY ROAD AND THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE N88°04'S7"W ALONG SAID CENTERLINE OF E. CEMETERY ROAD AND SAID SOUTH LINE, A DISTANCE OF 350.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.32 ACRE; AND -4- DORSEY & WHITNEY LLP, ATTORNEYS, LINN, IOWA Faii'fax/419915-34/Set }Irg UR Auieud (adds) PART OF LOT 2, IRREGULAR SURVEY OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE STH PRINCIPAL MERIDIAN, LINN COUNTY, IOWA (AS RECORDED ON PAGE 17 OF IRREGULAR SURVEY PLAT BOOK 4 ON FILE IN THE RECORDERS OFFICE, LINN COUNTY, IOWA) AND INCLUDING LOT 4 IRREGULAR SURVEY IN SAID LOT 2 ABOVE-DESCRIBED (AS RECORDED ON PAGE 38 OF IRREGULAR SURVEY PLAT BOOK 4 ON FILE IN THE RECORDERS OFFICE, LINN COLTNTY, IOWA), DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 16; THENCE SOUTH ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 16 APPROXIMATELY 39.35 FEET TO A POINT ON SAID EAST LINE; THENCE WEST APPROXIMATELY 142.63 FEET TO A POINT AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY L1NE OF THE UNION PACIFIC RAILROAD AND THE PREVIOUSLY ESTABLISHED WEST RIGHT-OF-WAY LINE OF US HIGHWAY 151, WHICH IS ALSO THE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG SAID PREVIOUSLY ESTABLISHED WEST RIGHT-OF-WAY LINE OF US HIGHWAY 151 (AS SHOWN ON THE IOWA DEPARTMENT OF TRANSPORTATION ACQUISITION PLAT — EXHIBIT "A" AS RECORDED IN BOOK 10114 AND PAGE 436 IN THE RECORDERS OFFICE, LINN COUNTY, IOWA), APPROXIMATELY 658.51 FEET TO THE NORTH RIGHT OF WAY LINE OF CHURCH STREET; THENCE CONTINUING SOUTHEASTERLY ALONG THE WEST RIGHT-OF-WAY LINE OF US HIGHWAY 151 TO A POINT ON SAID WEST RIGHT-OF-WAY LINE WHICH INTERSECTS WITH THE EXTENSION OF A LINE THAT IS LOCATED 35.00 FEET SOUTH OF AND PARALLEL TO THE SOUTH RIGHT-OF-WAY LINE OF CHURCH STREET; THENCE CONTINUING WEST ALONG SAID LINE THAT IS LOCATED 35.00' SOUTH OF AND PARALLEL TO THE SOUTH RIGHT-OF-WAY LINE OF CHURCH STREET, APPROXIMATELY 1,140 FEET TO A POINT ON A LINE THAT IS LOCATED 175 FEET EAST OF AND PARALLEL TO THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 16; THENCE SOUTH ALONG SAID LINE THAT IS LOCATED 175 FEET EAST OF AND PARALLEL TO THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 16, APPROXIMATELY 670 FEET TO THE EXTENSION OF A LINE THAT IS LOCATED 130.00 FEET SOUTH OF AND PARALLEL TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 16; THENCE CONTINUING WEST ALONG SAID L1NE THAT IS LOCATED 130.00 FEET SOUTH OF AND PARALLEL TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 16, APPROXIMATELY 1,510 FEET TO THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 16; THENCE NORTH ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 16 TO THE SOUTH RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD; THENCE CONTINUING EASTERLY ALONG THE SOUTH RIGHT-OF- WAY LINE OF THE UNION PACIFIC RAILROAD TO THE PREVIOUSLY ESTABLISHED WEST RIGHT-OF-WAY LINE OF US HIGHWAY 151, AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS APPROXIMATELY 61 ACRES. The proposed ainendinent to the Plan brings the property described above under the Plan and inakes it subject to the provisions of the Plan. The proposed ainendinent also authorizes the undertaking of new urban renewal projects in the Urban Renewal Area consisting of (a) using tax increinent financing to pay the costs of planning, designing and constructing street, sanitary sewer -5- llORSEY & WHITNEY LLP, AT'TORNEYS, LINN, IOWA Fairfax/41 99 1 5-34/Set Hrg UR Amend (adds) systein and stonn water drainage systein improvements; (b) using tax increment financing to the pay the costs of planning, designing and constructing municipal waterworks system i�nprovements; and (c) using tax increment financing to pay the costs of planning, designing and constructing recreational trail improvements. At said hearing any interested person inay file written objections or comments and may be heard orally with respect to the subject inatters of the hearing. Cynthia Stimson City Clerk/Treasurer -6- DORSEY & WHITNEY LLP, ATTORNEYS, LINN, IOWA ('airfax/4 1 99 1 5-34/Set Hrg UR Amend (adds) .... On motion and vote the meeting adjourned. r i �� urnell G. Frieden, Mayor Attest: �� , `. �� ;�' /'..� ' ' � � 't.!��_, C nthia K. Stiinson, City Clerk/Treasurer -7- DORSEY & WHITNEY LLP, ATTORN�YS, LINN, IOWA Fairfax/419915-34/Set Hrg UR Amend (adds) EXHIBIT A Legal Description Expanded Fairfax Urban Renewal Area LEGAL DESCRIPTION - 2022 URBAN RENEWAL BOUNDARIES: (PARCEL l: RIGHT-OF-WAY AT THE SOUTHWEST CORNER OF E. SOUTHVIEW ROAD AND LEFEBURE ROAD) PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 16, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE STH PRINCIPAL MERIDIAN, LINN COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 16; THENCE S2°11'40'B ALONG THE EAST LINE OF SAID SECTION 16, A DISTANCE OF 200.00 FEET; THENCE S87°48'20"W, 60.00 FEET TO THE WEST RIGHT OF WAY OF LEFEBURE ROAD; THENCE N45°27'43"W ALONG SAID WEST RIGHT OF WAY, 205.16 FEET; THENCE N1°30'39"W ALONG SAID WEST RIGHT OF WAY AND A NORTHERLY EXTENSION THEREOF, 53.00 FEET TO THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE N88°29'21 "E ALONG SAID NORTH LINE, 200.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.69 ACRE. (PARCEL 2: NORTH RIGHT-OF-WAY OF E. CEMETERY ROAD ADJACENT TO AUDITOR'S PLAT #1269) PART OF THE NORTHEAST QUARTER, SECTION 10, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE STH PRINCIPAL MERIDIAN, LINN COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE N00°03'08"E ALONG THE WEST LINE OF SAID NORTHEAST QUARTER OF SAID SECTION 10, A DISTANCE OF 40.02 FEET TO THE NORTH RIGHT-OF- WAY LINE OF E. CEMETERY ROAD; THENCE S88°04'S7'B ALONG SAID NORTH RIGHT- OF-WAY LINE OF E. CEMETERY ROAD, A DISTANCE OF 350.00 FEET TO THE EAST PROPERTY LINE OF AUDITOR'S PLAT #1269; THENCE S00°03'08"W ALONG SAID EAST PROPERTY LINE OF AUDITOR'S PLAT #1269, A DISTANCE OF 40.02 FEET TO THE CENTERLINE OF E. CEMETERY ROAD AND THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE N88°04'S7"W ALONG SAID CENTERLINE OF E. CEMETERY ROAD AND SAID SOUTH LINE, A DISTANCE OF 350.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.32 ACRE. -8- DORSEY & WHITNEY LLP, ATTORNEYS, LINN, IOWA Fairfax/4 1 99 1 5-34/Set Hrg UR Amend (adds) (PARCEL 3: PROPERTY LOCATED WEST OF US HIGHWAY 151 AND SOUTH OF THE UNION PACIFIC RAILROAD TRACKS) PART OF LOT 2, IRREGULAR SURVEY OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE STH PRINCIPAL MERIDIAN, LINN COUNTY, IOWA (AS RECORDED ON PAGE 17 OF IRREGULAR SURVEY PLAT BOOK 4 ON FILE IN THE RECORDERS OFFICE, LINN COUNTY, IOWA) AND INCLUDING LOT 4 IRREGULAR SURVEY IN SAID LOT 2 ABOVE-DESCRIBED (AS RECORDED ON PAGE 38 OF IRREGULAR SURVEY PLAT BOOK 4 ON FILE IN THE RECORDERS OFFICE, LINN COUNTY, IOWA), DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 16; THENCE SOUTH ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 16 APPROXIMATELY 39.35 FEET TO A POINT ON SAID EAST LINE; THENCE WEST APPROXIMATELY 142.63 FEET TO A POINT AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD AND THE PREVIOUSLY ESTABLISHED WEST RIGHT-OF-WAY LINE OF US HIGHWAY 151, WHICH IS ALSO THE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG SAID PREVIOUSLY ESTABLISHED WEST RIGHT-OF-WAY LINE OF US HIGHWAY 151 (AS SHOWN ON THE IOWA DEPARTMENT OF TRANSPORTATION ACQUISITION PLAT - EXHIBIT "A" AS RECORDED IN BOOK 10114 AND PAGE 436 IN THE RECORDERS OFFICE, LINN COUNTY, IOWA), APPROXIMATELY 658.51 FEET TO THE NORTH RIGHT OF WAY LINE OF CHURCH STREET; THENCE CONTINUING SOUTHEASTERLY ALONG THE WEST RIGHT-OF-WAY L1NE OF US HIGHWAY 151 TO A POINT ON SAID WEST RIGHT-OF-WAY LINE WHICH INTERSECTS WITH THE EXTENSION OF A LINE THAT IS LOCATED 35.00 FEET SOUTH OF AND PARALLEL TO THE SOUTH RIGHT-OF-WAY LINE OF CHURCH STREET; THENCE CONTINUING WEST ALONG SAID LINE THAT IS LOCATED 35.00' SOUTH OF AND PARALLEL TO THE SOUTH RIGHT-0E-WAY LINE OF CHURCH STREET, APPROXIMATELY 1,140 FEET TO A POINT ON A LINE THAT IS LOCATED 175 FEET EAST OF AND PARALLEL TO THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 16; THENCE SOUTH ALONG SAID LINE THAT IS LOCATED 175 FEET EAST OF AND PARALLEL TO THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 16, APPROXIMATELY 670 FEET TO THE EXTENSION OF A LINE THAT IS LOCATED 130.00 FEET SOUTH OF AND PARALLEL TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 16; THENCE CONTINUING WEST ALONG SAID LINE THAT IS LOCATED 130.00 FEET SOUTH OF AND PARALLEL TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 16, APPROXIMATELY 1,510 FEET TO THE WEST LINE OF THE NORTHWEST QUARTER OF SA1D SECTION 16; THENCE NORTH ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 16 TO THE SOUTH RIGHT-0E-WAY LINE OF THE UNION PACIFIC RAILROAD; THENCE CONTINUING EASTERLY ALONG THE SOUTH RIGHT-OF- WAY LINE OF THE UNION PACIFIC RAILROAD TO THE PREVIOUSLY ESTABLISHED WEST RIGHT-OF-WAY LINE OF US HIGHWAY 151, AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS APPROXIMATELY 61 ACRES. -9- DORSEY & WHITNEY LLP, AT'TORNEYS, LINN, IOWA Fai'-fax/4 1 99 1 5-34<Sel }E'°g UR A:ncnd (Adds} STATE OF IOWA LINN COUNTY SS: CITY OF FAIRFAX I, the undersigned, City Clerk of the City of Fairfax, Iowa do hereby certify that pursuant to the resolution of its City Council fixing a date of public hearing on the question of designating the expanded Fairfax Urban Renewal Area for the City and on a proposed urban renewal plan amendinent, the notice, of which the printed slip attached to the publisher's affidavit hereto attached is a true and coinplete copy, was published on the date and in the newspaper specified in such affidavit, which newspaper has a general circulation in the City, and copies were sent to the county ��c� s��acas�� district. ,� � .��e C ��T'N;�� my hand this � day o� l"��=s�* 2022. � �& � o�� , � ° ��t ��F �, � � r o w,�� '.�..,�... `� - �..�� ,�.�"�� "yi��.�� K. Stiinson, City Clerk/Treasurer (Attacli here publisher's af�davit of publication of notice.) (PLEASE NOTE: This certificate must not be dated until the publication has been made and you have reviewed it to be sure that the notice was published on the date indicated in the attached affidavit.) -10- DORSEY & WHTTNEY LLP, ATTORN�YS, LINN, IOWA e a3e e ��r��:��. ��,�, INVOICE DATE ACCOUNT # ACCOUNT NAME LINES TIMES 3/30/22 2698 CITY OF FAIRFAX 1.00 x 222 Li 1 DESCRIPTION Legals- NPH- April 12- Urban Renewal Amendment PROOF OF PUBLICATION I, Zack Kucharski, do state that I am the publisher of THE GAZETTE, a daily newspaper of general circulation in Linn and Johnson, in lowa. A digital copy is provided for the notice that was published in THE GAZETTE in the issue(s) of 3/30/2022 The reasonable fee for publishing said notice is $121.28 By � �� STATE OF IOWA, 1 Counties of Linn and Johnson f SS: This instrument was acknowledged by Zack Kucharski before me this 30th day of March, 2022 � � �'�� 1 �� ,� � ,�� If'�� a�,��1��; ��"M ��1a� �� :f��^ ��$� ��,.,Ia�"�w��i �� rv� �q�� u:��l� �� ry � � �" �.��c�-ui��u��,.�u�uu� �duJ,�n��l��' � "�l��C�� @�� Vll�u�'�"��"�'r��C.tl�'P ��u��, �� r��y��2'�i'�� u�'��'�CV �'w;� TM1e CuIZETTE Classifietls, It Works for Vou! 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WITNESS my hand this 9t1i day of March 2022. � � / /�` ��/,�)] �.f �� C't:.(Gt/i�'=-��'J l b'�.,; .G�� C nthia K. Stimson, City Clerk/Treasurer -11- DORSEY & WHITN�Y LLP, ATTORNEYS, LINN, IOWA Pairfax/ 41 991 5-34 /UR Plan Amend CITY OF FAIRFAX, IOWA URBAN RENEWAL PLAN AMENDMENT FAIRFAX URBAN RENEWAL AREA April, 2022 The Urban Renewal Plan (the "Plan") for the Fairfax Urban Renewal Area (the "Urban Renewal Area") of the City of Fairfax, Iowa (the "City") is being amended for the purposes of adding property to the Urban Renewal Area and identifying new urban renewal projects to be undertaken in the Urban Renewal Area. 1) Addition of Property. The real property (the "Property") legally described on Exhibit A hereto is, by virtue of this Amendment, being added as the April, 2022 Addition to the Urban Renewal Area. With the adoption of this Amendment, the City will designate the Property as an economic development area. The Property will become subject to the provisions of the Plan for the Urban Renewal Area. 2) Identi�cation of Projects. By virtue of this amendment, the list of authorized urban renewal projects in the Plan is hereby amended to include the following project description: A. Name of Project: Lefebure Road/Fairfax Road Overlay Project (the "Overlay P�•oject") Name of Urban Renewal Area: Fairfax Urban Renewal Area Date of Council Approval of Project: April 12, 2022 Description of Project and Project Site: The Overlay Project will consist of concrete overlay im�rovements; the replacement of a box culvei�t; and the incidental utility, landscaping, site clearance and cleanup work related thereto on and along the public right- of-way of Lefebure Road/Fairfax Road, commencing at its intersection with Linn Street on the north and continuing south to its intersection the corporate City limits. It is expected that the completed Overlay Project will cause increased and impt�oved ability of the City to provide adequate transportation infrastructure for the growth and retention of commercial and industrial enterprises in the City. Description of Properties to be Acquired in Connection with Project: The City will acquire easement ten�itory and rights-of-way as are necessary to successfully undertake the Overlay Project. Description of Use of TIF for the Project: It is anticipated that the City will pay for the Overlay Project with either bon�owed funds and/or the proceeds of an internal advance of City funds on-hand. In any case, the City's obligation will be repaid with incremental -1- Fairfax/ 43S77S-100 NR Plan Amend property tax revenues derived from the Urban Renewal Area. It is anticipated that the City's use of incremental property tax revenues for the Overlay Project will not exceed $1,225,000, plus any interest expense incun-ed by the City on any borrowing undertaken for the funding of the Overlay Project. B. Name of Project: Church Street Improvement Project-Planning and Design Phase (the "Church Street Project") Name of Urban Renewal Area: Fairfax Urban Renewal nrea Date of Council Approval of Project: April 12, 2022 Description of Project and Project Site: The Church Street Project will consist of the planning and designing of certain public infrastructure improvements including street reconstruction; the construction of sanitary sewer system improvements; the construction of storm water drainage system improvements; and the incidental utility, landscaping, site clearance and cleanup worlc related thereto on and along the public right-of-way of Church Street, commencing at its intersection with U.S. Highway 151 on the west and continuing east to and including its intersection with Vanderbilt Street. It is ex�ected that the completed Church Street Project will cause increased and improved ability of the City to provide adequate transportation infrastructure for the growth and retention of commercial and industrial enterprises in the City. Description of Use of TIF for the Project: It is anticipated that the City will pay for the Church Street Project with either borrowed funds and/or the proceeds of an internal advance of City funds on-hand. in any case, the City's obligation will be repaid with incremental property tax revenues derived from the Urban Renewal Area. It is anticipated tl�at the City's use of incremental p�-opet-ry tax revenues for the Church Street Project will not exceed $124,000, plus any interest expense incurred by the City on any borrowing undertaken for the funding of the Church Street Project. C. Name of Project: MPO Recreational Trail Project (the "MPO Trail Project") Name of Urban Renewal Area: Fairfax Urban Renewal Area Date of Council Approval of Project: April 12, 2022 Description of Project and Project Site: The MPO Trail Project will consist of the planning, designing ai7d constructing certain recreational trail improvements on and along the public right-of-way of Cemeteiy Road at its intersection with Driftwood Lane on the west and continuing east to the corporate City limits. -2- Pairfax/ 438775-] 00 /UR Plan Amend It is anticipated that the completed MPO Trail Project will have a positive impact on cominerce and economic development in the Urban Renewal Area through the provision of enhanced recreational amenities. Description of Use of TIF for the Project: It is anticipated that the City will pay for the MPO Trail Project with either borrowed funds and/or the proceeds of an internal advance of City funds on-hand. In any case, the City's obligation will be repaid with incremental property tax revenues derived fi-om the Urban Renewal Area. It is anticipated that the City's use of incremental property tax �-evenues for the MPO Trail Project will not exceed $1,100,000, plus any interest expense incurred by the City on any borrowing undertalcen for the funding of the MPO Trail Project. D. Name of Project: Water Main Connection Project (the "Water Main Connection Project") Name of Urban Renewal Area: Fairfax Urban Renewal Area Date of Council Approval of Project: April 12, 2022 Description of Project and Project Site: The Water Main Connection Project wi11 consist of planning and designing the Water Main Connection Project; the installation of water mains; and the incidental utility, landscaping, site clearance and cleanup worlc related thereto adjacent to U.S. Highway 151 and the water main crossing of the Union Pacific railroad tracics and Prairie Creek. It is expected that the completed Water Main Connection Project will cause inereased and improved ability of the City to provide adequate water systein infrastructure for the growth and retention of coinmercial and industrial enterprises in the City. Description of Properties to be Acquired in Connection with Project: The City will acquire easement teYritoiy and rights-of-way as are necessaYy to successfully undertake the Water Main Connection Project. Description of Use of TIF for the Project: It is anticipated that the City will pay for the Water Main Connection Project with either borrowed funds and/or the proceeds of an internal advance of City funds on-hand. In any case, the City's obligation will be repaid with incremental property tax revenues derived from the Urban Renewal Area. It is anticipated that the City's use of inere�nental property taY revenues for the Water Main Connection Project will not exceed $810,000, plus any interest expense incurred by the City on any borrowing undertal<en for the funding of the Water Main Connection Project. -3- Fairiax/ 433773-] 00 /UR Plan Amend E. Name of Project: Municipal Waterworl<s System Improvements-Well Installation Project (the "Well P►•oject") Name of Urban Renewal Area: Fairfax Urban Renewal Area Date of Council Approval of the Project: April 12, 2022 Description of the Water Project: The City will undertake the planning, designing and construction of new wells on a portion of the Property (as defined in Section 1 of this Amendment) located west of the U.S. Highway 151 and south of the Union Pacific railroad tracl<s. The Well Project is necessary to maintain a sufficient water supply for businesses and industries situated in the Urban Renewal Area and to promote commercial and industrial growth within the Urban Renewal Area. Description of Properties to be Acquired in Connectiou with the Project: The City will acquire such easement tetritory and right-of-way as are necessary to successfully undertake the Well Project. Description of Use of TIF: It is anticipated that the City will pay for the Well Project with either borrowed fimds and/or the proceeds of an internal advance of City funds on- hand. In any case, the City's obligation will be j•epaid with incremental pr•operty tax revenues derived from the Urban Renewal Area. It is anticipated that the City's use of incremental property tax revenues for the Well Project will not exceed $500,000, plus any interest expense incurred by the City on any bon-owing undertaken for the funding of the Well Project. 3) Required Financial L�formation. The following information is provided in accordance with the requirements of Section 403.17 of the Code of Iowa: Constitutional debt limit of the City: Outstanding general obligation debt of the City Proposed debt to be incurred under the April 12, 2022 Amendment": $14,398,343 $ $ 3,759,000 *It is anticipated that some or all of the debt incurred hereunder will be subject to annual appropriation by the City Council. �! Fairfaz/ 43�775-100 /UR Plan Amcnd EXHIBIT A Legal Description Expanded Fairfax Urban Renewal Area (April, 2022 Addition) LEGAL DESCRIPTION - 2022 URBAN RENEWAL BOUNDARIES: (PARCEL 1: RIGHT-OF-WAY AT THE SOUTHWEST CORNER OP E. SOUTHVIEW ROAD AND LEFEBURE ROAD) PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 16, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE STH PRINCIPAL MERIDIAN, LINN COUNTY, IOWA DESCRIB�D AS FOLLOWS: BEGINNING AT THE EAST QUART�R CORNER OF SAID SECTION 16; THENCE S2°11'40"E ALONG THE EAST LINE OF SAID SECTION 16, A DISTANCE OF 200.00 FEET; THENCE S87°48'20"W, 60.00 FEET TO THE WEST RIGHT OF WAY OF LEFEBURE ROAD; THENCE N45°27'43"W ALONG SAID WEST RIGHT OF WAY, 205.16 FEET; THENCE Nl°30'39"W ALONG SAID WEST RIGHT OF WAY AND A NORTHERLY EXTENSION THEREOF, 53.00 FEET TO THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE N88°29'21"E ALONG SAID NORTH LINE, 200.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.69 ACRE. (PARCEL 2: NORTH RIGHT-0E-WAY OF E. CEMETERY ROAD ADJACENT TO AUDITOR'S PLAT # 1269) PART OF THE NORTHEAST QUARTER, SECTION 10, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE STH PRINCIPAL MERIDIAN, LINN COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE N00°03'08"E ALONG T�IE WEST LINE OF SAID NORTHEAST QUARTER OF SAID SECTION 10, A DISTANCE OF 40.02 FEET TO TIIE NORTH RIGHT-OF- WAY LINE Or E. CEMETERY ROAD; THENCE S88°04'S7"E ALONG SAID NORTH RIGHT- OF-WAY LINE OF E. CEMETERY ROAD, A DISTANCE OF 350.00 FEET TO TH� EAST PROPERTY LINE OF AUDITOR'S PLAT #1269; THENCE S00°03'08"W ALONG SAID EAST PROPERTY LINE OF AUDITOR'S PLAT #1269, A DISTANCE OF 40.02 FEET TO THE CENTERLINE OF E. CEMETERY ROAD AND THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE N88°04'S7"W ALONG SAID CENTERLINE OF E. CEMETERY ROAD AND SAID SOUTII LINE, A DISTANC� OF 350.00 FEET TO THE POINT OF BEGINNiNG. SAID PARCEL CONTAINS 0.32 ACRE. -5- Pairfax/ 438778-] 00 /UR Plan Amend (PARCEL 3: PROPERTY LOCATED WEST OF US HIGHWAY 151 AND SOUTH OF THE LJNION PACIFIC RAILROAD TRACKS) PART OF LOT 2, IRREGULAR SURVEY OF TH� NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE STH PRINCIPAL MERIDIAN, LINN COUNTY, IOWA (AS RECORDED ON PAGE 17 OP IRREGULAR SURVEY PLAT BOOK 4 ON FILE IN THE RECORDERS OFFICE, LINN COUNTY, IOWA) AND INCLUDING LOT 4 IRREGULAR SURVEY IN SAID LOT 2 ABOVE-DESCRIBED (AS RECORDED ON PAGE 38 OF IRREGULAR SURVEY PLAT BOOK 4 ON FILE IN THE RECORDERS OFFICE, LINN COUNTY, IOWA), DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 16; THENCE SOUTH ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 16 APPROXIMATELY 3935 FEET TO A POINT ON SAID EAST LINE; THENCE WEST APPROXIMATELY 142.63 FEET TO A POINT AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD AND THE PREVIOUSLY ESTABLISHED WEST RIGHT-OP-WAY LINE OF US HIGHWAY 151, WHICH IS ALSO THE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG SAID PREVIOUSLY ESTABLISHED WEST RIGHT-OF-WAY LINE OF US HIGHWAY 151 (AS SHOWN ON THE IOWA DEPARTMENT OF TRANSPORTATION ACQUISITION PLAT - EXHIBIT "A" AS RECORDED IN BOOK 10114 AND PAGE 436 IN TI-IE RECORDERS OFFICE, LINN COUNTY, IOWA), APPROXIMATELY 658.51 FEET TO THE NORTH RIGHT OF WAY LINE OF CHURCH STREET; THENCE CONTINUING SOUT�-IEASTERLY ALONG THE WEST RIGHT-OF-WAY LINE OF US HIGHWAY 151 TO A PO1NT ON SAID WEST RIGHT-OF-WAY LINE WHICH INTERSECTS WITH THE EXTENSION OF A LINE THAT IS LOCATED 35.00 FEET SOUTH OF AND PARALLEL TO THE SOUTH RIGHT-OF-WAY LINE OF CHURCH STREET; THENCE CONTINUING WEST ALONG SAID LINE THAT IS LOCATED 35.00' SOUTH OF AND PARALLEL TO TH� SOUTH RIGHT-OF-WAY LINE OF CIILIRCH STREET, APPROXIMATELY 1,140 FE�T TO A POINT ON A LINE THAT IS LOCATED 175 FEET EAST OF AND PARALLEL TO THE WF,ST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 16; THENCE SOUTH ALONG SAID LINE THAT IS LOCATED 175 FEET EAST OF AND PARALLEL'I'O THE WEST LINE OF TIIE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OI; SAID SECTION 16, APPROXIMATELY 670 FEET TO THE EXTENSION OF A LINE THAT IS LOCATED 130.00 FEET SOUTH OF AND PARALL�L TO TIIE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 16; THENCE CONTINUING WEST ALONG SAID LINE THAT IS LOCATED 130.00 FEET SOUTH OF AND PARALLEL TO THE SOUTH L1NE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 16, APPROXIMATELY 1,510 FEET TO THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 16; THENCE NORTH ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 16 TO THE SOUTH RIGHT-OF-WAY LINE OF THE iJNION PACIFIC RAILROAD; THENCE CONTINUING EASTERLY ALONG THE SOUTH RIGHT-OF- WAY LINE OF THE UNION PACIFIC RAILROAD TO THE PREVIOUSLY ESTABLISHED WEST RIGHT-OF-WAY LINE OF US HIGHWAY 151, AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS APPROXIMATELY 61 ACRES. -6- Fai�i��x / 419915-34 / RKR ADOPT FEDERAL REIMBURSEMENT RESOLUTION 419915-34 Fairfax, Iowa March 8, 2022 The City Council of the City of Fairfax, Iowa, met on March 8, 2022, at 6:00 0' clock p.m., at the Fairfax City Hall, 300 80t�' St. Ct., Fairfax, Iowa. The meeting was called to order by the Mayor, and the roll was called showing the following Council Meinbers present and absent: Present: Tom Nurre Katherine Pacha Nicholas Volk, and Mariamle Wainwright Absent: Michael Daly. The City Clerk reported that, in order to preserve the City's eligibility to issue tax exelnpt bonds for the street, water utility system, sanitaiy sewer utility systern, storm water drainage and recreation trail improvement projects, it would be necessary for the City Council to adopt a resolution declaring the Council's intent to expend current cash on-hand and to later reiinburse those expenses froin the proceeds of a bond issue. Council Member Wainwright introduced the resolution next hereinafter set out, related to financing the project, and moved its adoption, seconded by Council Member Pacha. After due consideration and discussion, the Mayor put the question upon the adoption of said resolution, and the roll being called, the following Council Members voted: Ayes: Nurre Pacha, Volk, and Wainwright Nays: None. Whereupon, the Mayor declared the resolution duly adopted as hereinafter set out. -1- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA Fairfax / 419915-34 / KRR .•• At the conclusion of the ineeting, and upon inotion and vote, the City Council ad�ouriled. � "`<� C.�� . YBurnell G. Frieden, Mayor Attest: � , , 1�� . ; �� `�G�.� . _E .'� �� - ��,. . C� thia K. Stimson, City Clerk/Treasurer -2- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA