HomeMy WebLinkAboutRESOLUTION NO. 2022-32Fairfax / 419915-34 / UR Hrg Add to Area
2022 ADDITION TO THE FAIRFAX
URBAN RENEWAL AREA DESIGNATION
AND PLAN HEARING
419915-34
FairfaX, Iowa
April 12, 2022
The City Council of the City of Fairfax, Iowa, met on April 12, 2022, at 6:00 o'clock, p.m.,
at the Fairfax City Hall, 300 80t�' St. Ct., in the City for the purpose of conducting a public hearing
on the designation of an expanded urban renewal area and on a proposed urban renewal plan
amendment. The Mayor presided and the roll being called the following members of the Council
were present and absent:
Present: Tom Nui�re Mike Da1y Kate Pacha Nick Volk and Marianne Wainwri�ht
Absent: None.
The City Council investigated and found that notice of the intention of the Council to
conduct a public hearing on the designation of the expanded Fairfax Urban Renewal Area and on
an urbai� renewal plan amendment had been published according to law and as directed by the
Council and that this is the tiine and place at which the Council shall receive oral or written
objections fi•om any resident or property owner of the City. All written objections, statements, and
evidence heretofore filed werc reported to the Council, and all oral objections, stateinents, and all
other exhibits presented were considered.
The following namcd persons presented oral objections, stateinents, or evidence as
suinmarized below; filed written objections or statements, copies of which are attacl�ed hereto; or
presented other exhibits, copies of which are attached hereto:
Harold McCormick sent and email about concerns for drainage, driveway
access, and a construction easement.
There being no further objections, cominents, or evidence offered, the Mayor announced
the hearing closed.
-1-
DORSEY & WHITNEY LLP, ATTORNEYS, D�S MOINES, IOWA
�airfax / 419915-34 / UR Hrg Add to Area
Council Member Pacha inoved the adoption of a resolution entitled "Resolution to Declare
Necessity and Establish au Urban Renewal Area, Pursuant to Section 403.4 of the Code of Iowa
and Approve Urban Renewal Plan Alnet7dinent for the Fairfax Urban Renewal Area," seconded
by Council Member Wainwright. After due consideration, the Mayor put the question on the
motion and the roll being called, the following named Council Members voted:
Ayes: Nurre Daly Pacha, Volk, and Wainwrigl7t
Nays: None.
Whereupon, the Mayor declared the resolution duly adopted and signed approval thereto.
-2-
llOKSEY & WHITNEY LLP, ATTORN�YS, D�S MOINES, IOWA
Fairfax / 419915-34 / UR Hrg Add to Area
RESOLUTION NO. 2022-32
RESOLUTION TO DECLARE NECESSITY AND ESTABLISH AN
URBAN RENEWAL AREA, PURSUANT TO SECTION 403.4 OF THE
CODE OF IOWA AND APPROVE URBAN RENEWAL PLAN
AMENDMENT FOR THE FAIRFAX URBAN RENEWAL AREA
WHEREAS, as a preliminary step to exercisiilg the authority conferred upoiz Iowa cities
by Chapter 403 of the Code of Iowa (the "Urban Renewal Law"), a lnunicipality inust adopt a
resolution finding that one or inore slums, blighted or econoinic develo�ment areas exist in the
inunicipality and that the developinent of such area or areas is necessary in the interest of the public
health, safety or welfare of the residents of the municipality; and
WHEREAS, this City Council of the City of Fairfax, Iowa (the "City") by resolution
previously established the Fairfax Ui-ban 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 expandiilg the
Urban Renewal Area to add and include all the property (t11e "Property") lying within the
description set out in Exhibit A hereto; and
WHEREAS, the proposal deinonstrates that sufficient need eXists to wai�ant finding the
Property to be an econoinic development ai•ea; and
WHEREAS, an amendment (the "Amendinent") 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 Reilewal Area consisting of (a) using tax increinent
financing to pay the costs of planning, designing and constructing street, sanitary sewer systein
and stonn water drainage systein improvements; (b) using tax increinent financing to the pay the
costs of planning, designing and constructing municipal waterworks system iinprovements; and
(c) using tax increment financing to pay the costs of planning, designing and constructing
recreational trail improvements; and
WHEREAS, notice of a public hearing by the City Couneil of the City on the question of
amending the plan for the Urban Renewal Area and designating an expanded Urban Renewal Area,
pursuant to Chapter 403, Code of Iowa, ai7d the Council has conducted said hearing on April 12,
2022; and
WHEREAS, copies of the Ainendment, notice of public hearing and notice of a
consultation ineeting with respect to the Ainendment were snailed to Linn County and the College
Coinmunity School District; the consultation ineeting was held on the 22"`� day of March, 2022;
and responses to any coiml�ents or recommendations received following the consultation meeting
wcre made as required by law; and
WHEREAS, the Planning and Zoning Coillmission of the City has considered and
cominented on the proposed Ainendinent; and
-3-
DORSEY & WHITNTY LLP, ATTORNEYS, D�S MOINES, IOWA
Fairfax / 4 199 1 5-34 / UR Hrg Add to Area
WHEREAS, a portion of the Property ineets the definition of "agricultui•a1 land" under
Section 403.17 of the Code of Iowa and, pursuant to said law, consent agreements have been
executed by the owners of such Property; and
WHEREAS, in satisfaction of the consezit requireinents of Section 403.17.4 of the Code of
Iowa, the Board of Supervisors of Linn County has consented to the inclusion of the portion of the
Property located outside but within two miles of the incorporated limits of the City in the Urban
Renewal Area;
NOW, THEREFORE, It Is Resolved by the City Council of the City of Faii•fax, Iowa, as
follows:
Section 1. An econolnic developinent area as defined in Chapter 403 of the Code of
Iowa is found to exist in the City on the Property.
Section 2. The Property is hereby declared to be an urban rellewal area, in
confonnance with the requil-ements of Chapter 403 of the Code of Iowa, and is hereby designated
as the 2022 Addition to the Fairfax Urban Renewal Area.
Section 3. The development of the Property is tiecessary in the interest of the public
health, safety or welfai-e of the resiclents of the City.
Section 4. It is hereby determined by this City Council as follows:
A. The Amendinent and the projects and initiatives described therein conforin
to the general plan of the inunicipality as a whole;
B. The proposed econoinic development projects described in the Asnendment
are necessary and appropriate to facilitate the proper growth and development of the City
in accordance with sound planning standards and local community objectives.
C. It is not intended that families will be displaced as a result of the City's
undertakings under the Ainendment. Should such issues arise, then the City will ensure
that a feasible method exists to carry out any relocatioils without undue hardship to the
displaced and into safe, decent, affordable and sanitary housing.
Section 5. The Ainendment, attached hereto and made a part hereof, is hereby in all
respects approved.
-4-
DORSEY & WHITN�Y LLP, ATTORNEYS, DES MOINES, IOWA
Fairfax / 419915-34 / UK Hig Add to Are�
Section 6. All resolutions or parts thereof in conflict he1-ewith are hereby repealed, to
the extent of such conflict.
Passed and approved April 12, 2022.
�
s
Burnell G. Frieden, Mayor
Attest: g����e� �������
� #.i� �I9'a �
p�Q �w
k� � 1 � �
� � �� ' �
Cy �thia K. Stimson, City Clerk/Treasurer ��:.� � ��� `
� ��.a
(Attach copy of the urban renewal plan amendment to this resolution ) '° '"�' �,���; ,�� "��
� a�.�.�,� . .,pC€�.:1
—S—
llORSEY & WHITN�Y LLP, ATTORN�YS, DES MOINES, IOWA
FairJax/ 419915-34 /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 Urbail Renewal Area (the "Urban
Renewal Area") of the City of Fairfax, Iowa (the "City") is being alnended 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 Ai-ea. With the adoption of this Amendment, the City will designate the Property
as an economic development area. The Property will becoine subject to the pi•ovisions of the Plan
for the Urban Renewal Area.
2) IdentiGcation 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
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 Overlay Project will consist of concrete
overlay improvements; the replacelnent of a box culvert; and the incidental utility,
landscaping, site clearance and cleanup work related thereto oi1 and aloilg the public right-
of-way of Lefebure Road/Fairfax Road, commencing at its intel-section with Linn Street on
the north and coi�tinuing south to its intersection the coiporate City lilnits.
It is expected that the completed Overlay Project wi11 cause inct-eased and iinproved ability
of the City to provide adequate transportation iilfi-astructLire 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 wi11
acquire easeinent territoiy and rights-of-way as are necessaly 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 boi-�-owed funds and/or tlle pi-oceeds of an iiitel•nal advance of
City funds on-hand. In any case, the City's obligatio�i will be repaid with incremental
-1-
Fairfax/ a38778-100 /UR Plan Amend
property tax revenues derived fi�oin 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 bon-owing undertaken
for the funding of the Overlay Project.
:,
Name of Project: Church Street Iinproveinent Project-Planning and Design Phase
(the "Church Street 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 Church Street Project will consist of the
planning and designing of certain public infrasti-ucture i�nprovements including street
reconstruction; the construction of sanitary sewer system improvements; the construction
of stoi7n water drainage systein improveinents; and the incidental utility, landscaping, site
clearance and cleanup work 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 iticluding its intersection with Vanderbilt Street.
It is expected that the coinpleted Church Street Project will cause increased and ilnproved
ability of the City to provide adequate transportation infi-astructui•e 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 flle proceeds of an internal
advance of City funds on-hand. In any case, thc 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 incremental property tax revenues for the Church Street Project will
not exceed $124,000, plus any interest expense incurred by the City on any bon•owing
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 and constructing cei�taill recreational tr-ail improvements on and along
the public right-of-way of Cemetery Road at its intersection with Driftwood Lane on the
west and continuing east to the corporate City lilnits.
-2-
Fairfax/ 438773-100 /UR Plan Amend
It is anticipated that the completed MPO Trail Project will have a positive iinpact on
commerce and economic development in the Urban Renewal Area through the provision
of ei�}lanced 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 bon-owed funds ai7d/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 incremental property tax revenues for the MPO Trail Project will not exceed
$1,100,000, plus any interest expense incui-�-ed by the City on any bor-�-owing undertaken
for the fundiizg of the MPO Trail Project.
�
Name of Project: Water Main Connection Project (thc "Water Main Connection
Project")
Nanie of Urban Renewal Area: Fairfax Urban Renewal Area
Date of Council Approval of Project: April l2, 2022
Description of Project and Project Site: The Water Main Comlection Project will consist
of planning and designing the Water Main Connection Project; the installation of water
mains; and the incidental utility, landscaping, site clearance and cleanup work related
thereto adjacent to U.S. Highway 151 and the water main cr-ossing of the Union Pacific
raih-oad tracks and Prairie Creek.
It is expected that the colnpleted Water Main Comiection Project will cause increased and
improved ability of the City to �rovide adequate water system infi-astructure for the growth
and retention of coimnercial and industrial enteiprises in the City.
Description of Pi•operties to be Acquired in Connection with Project: The City will
acquire easeinent ten•itory and rights-of-way as are necessary to successfully undertake the
Watel• Main Connection Project.
Description of Use of TIF for the Project: It is a�lticipated that the City will pay for the
Water Main Connection Project with either borrowed fimds and/or the proceeds of an
i�7ternal advance of City funds on-hand. In any case, the City's obligation will be repaid
with increinental property tax revenues derived from the Urban Renewal Area. It is
anticipated that the City's use of increinental property tax revenues for the Water Main
Connection Project will not exceed $810,000, plus any interest expeilse incurred by the
City oi7 any borrowing undertaken for the funding of the Water Main Connection Pi-oject.
-3-
Faiii<1x/ 438778-100 NR Plau Amend
E.
Name of Project: Municipal Waterworks System Improvements-Well Installation
Project (the "Well Project")
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 wi11 undertake the planning, designing and
construction of new wells on a portion of the Property (as defined in Section 1 of this
Amendinent) located west of the U.S. Highway 151 and south of the Union Pacific railroad
tracks.
The Well Project is necessary to maintain a sufficient water supply for businesses and
industries situated in the Urban Renewal Area and to promote cominercial and industrial
growth within the Urban Renewal Area.
Description of Properties to be Acquired in Connection with the Project: The City
will acquire such easement territory and right-of-way as at-e necessaiy 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 boi-rowed funds and/or the �roceeds of an internal advance of City funds on-
hand. In any case, the City's obligation wi11 be repaid with incremental property tax
reveilues derived from the Urban Renewal Area. It is anticipated that the City's use of
increlnental property tax revenues for the Well Project will not exceed $500,000, plus any
interest expense incurred by the City on any borrowing Luldertaken for the funding of the
Well Project.
3) Required Financial Information. The following information is provided in
accordance with the requireinents of Sectioi7 403.17 of the Code of Iowa:
Constitutional debt liinit of the City: $14,398,343
Outstanding general obligation debt of tl�e City: $
Proposed debt to be incun-ed under the
April 12, 2022 Amendment*: $ 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.
-4-
Fairtax/ 438778-100 /UR Plan Amend
EXHIBIT A
Legal Description
Expanded Fairfax Urban Renewal Area
(April, 2022 Addition)
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 1 C,
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 L1NE 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 NORTI-� LINE, 200.00 FEET TO THE POINT
OF BEGI�NNING.
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"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.
-5-
Fairlax/ 438778-100 /UR Plan Amcnd
(PARCEL 3: PROPERTY LOCATED WEST OF L1S HIGHWAY 151 AND SOUTH OF THE
LTNION 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 R�CORDERS 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 W�ST 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-0E-WAY LINE OF CHURCH STREET,
AI'PROXIMATELY 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.
-6-
F'airFax / 419915-34 / UR Hrg Add to Area
EXHIBIT A
Legal Description
Expanded Fairfax Urban Renewal Area
(2022 Addition)
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"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.
(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"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.
(PARCEL 3: PROPERTY LOCATED WEST OF US HIGHWAY 151 AND SOUTH OF THE
tJNION PACIFIC RAILROAD TRACKS)
-6-
DORSEY & WHITNEY LLP, ATTORNEYS, llES MOINES, IOWA
Fairfax / 419915-34 / UR Hrg Add to Area
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-0E-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 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
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.
-7-
DORSEY & WHITNI±,Y LLP, ATTORNEYS, llI;S MOINES, IOWA
FairY��x / 419915-34 / UR l Irg Add to Area
Upon motion and vote, the lneeting adjoui7led.
,� �
urnell G. Frieden, Mayor
Attest:
� ,
r �i',,, (�i'A , (� .- \, `�' ���^ '` ,�
1�- G�.
Cyn � ia K. Stimson, City Clerk/Treasurer
-8-
DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
Fairfax / 419915-34 / UR Hrg Add to Area
STATE OF IOWA
LINN COUNTY SS:
CITY OF FAIRFAX
I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City
Clerk of the City of Fairfax, Iowa and that as such I have in iny possession or have access to the
coinplete corporate records of the City and of its officers; and that I have carefully colnpared the
h-anscript hereto attached with the aforesaid records atld that the attached is a true, con�ect and
coinplete copy of the corporate records relating to the action taken by the City Council preliininary
to and in connection with designating the expanded Fairfax Urban Renewal Area for the City and
on an urban renewal plan amendment.
WITNESS MY HAND this 13t�' day of April, 2022.
.�{, .,.�� �.�
Cy�' thia K. Stimson, City C1erk/Ti-easurer
-9-
DORSEY & WHITN�Y LLP, ATTORNEYS, DES MOINES, IOWA
RESOLUTION N0. 2022 — 4 — ���
A RESOLUTION TO APPROVE THE ADDITION OF LiNN GOUNTY PROPERTY
TO THE FAIRFAX URBAN RENEWAL AREA
WHEREAS, the City of Fairfax, lowa (the "City") has begun the process of adding territory
to its Fairfax Urban Renewal Area (the "Urban Renewal Area") pursuant to lowa Code Chapter 403;
ar�d,
WHEREAS, a portion of the property that the City proposes to add to the Urban Renewal
Area is located outside the city limits, such property being described on Exhibit A hereto (the
"Property"); and
WHEREAS, in accordance lowa Code Section 403.17(4), a city may exercise urban renewal
powers with respect to property that is located outside a city's boundary but within two miles of
the city's boundary, but only if the city obtains the consent of the county within which such
property is located; and,
WHERE4S, the City Council of the City of Fairfax has requested that the Linn County Board
of Supervisors adopt a resolution giving its consent that the City may exercise urban renewal
powers with respect to the portions of the Property lying within two miles of the incorporated city
limits.
BE ITTHEREFORE RESOLVED by the Linn County Board of Supervisors as follows:
1. The Linn County Board of Supervisors hereby gives its consent that the City of Fairfax
may exercise urban renewal powers pursuant to lowa Code Chapter 403 with respect
to the Property situated in Linn County and outside the incorp�rated boundaries of the
C ity.
2. This Resolution shall be deemed to meet the statutory requirements of lowa Code
Section 403.17(4) and shall be effective immediatety upor� its approval and execution:
PASSED AND APPROVED this 11 th day of April, 2022.
LINN �0�1 BOARD OF SUPERVISORS
r
C� n R air
�� � �����
Louis J_ Zumbach, Vice Chair
ATTEST
�_ �m . ,�„
J�I Miller, Li in Coui�t 1� itoi�',
��� �
� ���� ' �'
r�,�;, u,,.�� �
�tacey UV�ker, Supervisor
Aye: �� N�y; ......� �abstain' �
-1-
EXHiBIT A
PROPERTY DESCRIPTION
LEGAL DESCRIPTION - 2022 URBAN RENEWAL BOUNDARIES:
(PARCEL 1: 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"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 NORTHFRLY 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 5TH 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 NORTHFAST QUARTER OF SAID SECTION
10, A DISTANCE OF 40.02 FEET TO THE NORTH RIGHT-OF-WAY �INE OF E. CEMETERY ROAD;
TI-iENCE S88°04'57"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 #1?_69, 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°04'57"W ALONG SAID CENTERLINE
OF E. CEMETERY ROAD AND SAID SOUTH LINE, A DISTANCE OF 350.00 FEET TO THE POINT OF
BEGINNING.
SAlD PARCEL CONTAINS 0.32 ACRE.
(PARCE� 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 S WEST OF THE 5TH 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-
-2-
DESCRIBED (AS RECORDED ON PAGE 38 OF IRf�EGU�AR SURVEY PLAT f300K 4 ON FILE IN THE
RECORDERS OFFICE, LINN COUNTY, IOWA), DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTIQN 16; THENCE SOUTH ALONG
THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 16 APPROXIMATELY 39.35
FEET TO � POINT ON SAID EAST LINE; THENCE WEST APPROXIMATELY 142.63 FEET TO A POINT
AT THE WTERSECTION OF THE SOUTH RIGHT-0E-WAY LINE OF TFiE 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 HIGNWAY 151 (A5 SHOWN ON THE IOWA
DEPARTMENT OF TRANSPORTATION ACQUISITION PLAT — EXHIBIT "A" AS RECORDED IN f300K
10114 AND PAGE 436 IN THE RECORDERS OFFlCE, LINN COUNTY, IOWA), APPROXIMATELY
658.51 FEET TO THE NORTH RIGHT OF WAY LINE OF CI-1URCH STREET; THENCE CONTINUING
SOUTHEASTERLY ALONG THE WEST RIGHT-OF-WAY LINE OF US HIGHWAY 151 TO A POINT ON
SAID WEST RIGNT-OF-WAY LINE WHICH INTERSECTS WITH THE EXTENSION OF A LINE THAT IS
LOCATED 35.00 FEET SOUTH OF AND PARALLEL TO THE SOUTH RlGHT-0E-WAY LINE OF
CHURCH STREET; THENCE CONTINUING WEST ALONG SAID LWE THAT IS LOCATED 35.00'
SOUTH OF AND PARALLEL TO THE SOUTH RIGHT-OF-WAY LWF OF CHURCH STREET,
APPROXIMATELY 1,140 FEET TO A POINT ON A LINF 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
A�ONG SAID l_INE 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; TNENCE 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 EASTFRLY ALONG THE SOUTH RIGHT-OF-WAY LINE OF THE UNION PACIFIC
RAILROAD TO THE PREVIOUSLY ESTABLISHED WEST RIGHT-OF-WAY LINE OF US HI�HWAY 151,
AND THE POINT OF BEGINNING.
SAID PARCEL CONTAINS APPROXIMATELY bl ACRES.
-3-
Foirfaxih 19915-34iLR Ag Land Aemt
AGREFMENT TO INCLUDE AGRICULTURAL LANll
IN THE FA�RIFAX URBAN RENEWAI, AREA
WHEREAS, the City Council of the City of Fairfax, Iowa (the "City") has proposed to
adopt an ainendment to the Urban Renewal Plan for the Fairfax Urban Renewal Area (the
"Urban Renewal Area"), pursuant to Chapter 403 of the Code of Iowa in order to undertake
activities authorized by that Chapter, inclucling but not limited to the use of tax increi��ent
financing as provided in Section 403.19 of the Code of Iowa; and
WHEREAS, it has been proposed that the Urban Renewal Area include certain real
praperty which is descl�ibed on Exhibit A(the "Property") to the Urban Renewal Area; and
WHEREAS, a portion of the Property is owned by Nancy Africa (the "Undersigned");
and
WHEREAS, Section 403.17 of tl�e Code of Iowa provides that no property may be
included in an urban renewal area which meets the de�nition an that Section of "agricultural
land," t�nless the owners of such property agree to include such property in such urban renewal
area; and
VJHEREAS, it has been determined that the Property nleets the definition of "agricultural
]azld" in Sectioz1403.17(3) of the Code of Iowa;
NOW, THEREFORE, it is hereby cei�tified and agreed by the Undersigned as follows:
1. On behalf of the Undersigned, I do hereby certify that the Undersigned is the
owner of a portion of the Property descz7bed on Exhibit A hereto.
�' 2. On behalf of t11e Undersigned, I do llereby agree that the City may include all of
the Property owned by the Undersigned in the Urban Renewal Area.
DATED this ��day of ���� �`� �` � , 2022.
NANCY AFRICA
,
.� �,.--,
,
_�. ,
P i � •
By. �` � ���i"�-�: � �.�s�` �'2- � � E ` _..._
�'`' / ,
=,,f
Fai�fax/41991 �-34IUR Ag Land Agmt
AGR�EMENT TO INCLUDE AGRICULTUIZAL LAND
IN THE I'AIRFAX URBAN RENEWAL AREA
WHEREAS, the City Council of the City of Fairfax, Io�va (the "City"} has proposed to
adopt an amendment to the Urban Renewal Plan for the Fairfaa Urbazl Renewal Ar-ea (the
"Urban Renewal Area"), pursuant to Chapter 403 of the Code of Iowa in order to undertake
activities authorized by that Chapter, including but not Jimited to the use of tax increment
financing as provided in Section 403.19 of the Code of Io�va; and
WHEREAS, it has been proposed that the Urban Renewal Area include certain real
property which is described on Exhibit A(the "Property") to the Urban Renewal Area; and
WHEREAS, a portion of the Property is owned l�y Frank Bellon (the "Undersigned");
and
WHEREAS, Seetion 403.17 of the Code of Iowa provides tlaat no property may be
included in an urbaYi renewal area which meets the definitioil in tliat Section of "agricultur-al
land," unless the owners of such property agree to include such property in such urban renewal
area; and
WHEREAS, it has been determined that the Property meets the definition of "agricultural
land" in Section 403.17(3) of the Code of Iowa;
NOW, THEREFOR�, it is hereby certified and agreed by the Undersigned as follows:
1. On behalf of the Undersigned, I do hereby certify that the Undersigned is the
owner of a portion of the Property described on Exhibit A hereto.
2. On behalf of the Undersigned, I do hereby agree that the City may include alI o�'
the Pz-operty owned by the Undersigned in the Urban Renewal Area.
DATED this �day of .�JJ�1L- , 2022,
�/ FRANK BELLON��}�. �
�y �9 ,� ���-' .�`'�',�,-� F'/'7
,�� - .��
�--- � ,,
�``