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Home My WebLink AboutRESOLUTION NO. 2022-57RESOLUTION NO. 2022-57 RESOLUTION APPROVING A BOX CULVERT, STREAM CHANNEL, & STORM SEWER EASEMENT ON PROPERTY OWNED BY LOGISTICS PARK CEDAR RAPIDS LLC, LOCATED IN THE S.W.'/4 OF THE N.W.'/4 AND THE N.W. '/4 OF THE S.W. '/4, OF SECTION 15, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH P.M. IN THE CITY OF FAIRFAX, LINN COUNTY, IOWA WHEREAS, the City of Fairfax is replacing a box culvert in the public ri�ht-of-way adjacent to the west property line of the Logistics Park Cedar Rapids LLC property; and constructing a portion of storm sewer and reconstructing a portion of streain channel located on the Logistics Park Cedar Rapids LLC property; and WHEREAS, The City of Fairfax intends to access, construct, reconstruct, inaintain, and repair said box culvert, stream channel including the streanl chamiel einbankments and stone revetinent, and storm sewer upon a portion of said Logistics Park Cedar Rapids LLC pi-operty within the easement area, and WHEREAS, Logistics Park Cedar Rapids LLC has executed the Box Culvert, Streain Channel, and Stonn Sewer easement agreement, and WHEREAS, Hall and Hall Engineers, Inc. recommends that the Fairfax City Council approve this Box Culvert, Streain Channel, and Storm Sewer easement agreeinent. NOW, THEREFORE, BE IT RESOLVED, By the City Council of the City of Fairfax, Iowa, that this Box Culvert, Stream Channel, and Storm Sewer easement 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 14ti' day of June, 2022. AYES: Nurre, Daly, Pacha, Volk, and Wainwright NAYS: None � .� / ,�-�-� '=�f.�- urnell G. Frieden, Mayor ATTEST: �' lc i � I,'��"G Cynt `� a Stimson, City Clerk/Treasurer 4yt.a?4k ��. _ _„�t� �` �� a +' �, " y fi. . t � � ,� a�a� a . . _ ..i&'�� BOX CULVERT, STREAM CHAIVIVEL, AND STORM SEWER EASEMENT AGREEMENT This Box Culvert, Stream Channel, and Storm Sewer Easement Agreement (this "Agreement") is entered into this �day of �UJ1/E , 2022 by and between Logistics Park Cedar Rapids, LlC (hereinafter referred to as the "GRANTOR") and the City of Fairfax, Linn County, lowa (hereinafter referred to as the "CITY"). RECITALS The GRANTOR is owner of the following described property: THAT PART OF THE SOUTH HALF (S1/2) OF THE NORi'HWEST QUARTER (NW1/4) OF SECTION FIFTEEN (15), LYING SOUTH OF THE RIGHT-OF-WAY OF THE C.M. ST. P. & P. F2AILWAY COMPANY, AND THE NORTH HALF (N1l2) OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION (15), ALL IN TOWNSHIP EIGHTY-TWO (82) NORTH, RANGE EIGHT (8) WEST OF THE FIFTH (5) P.M., EXCEPTING ALL LEGAL HIGHVVAYS (the "Grantor Property"). 2, The CITY is removing the existing duat Reinforced Concrete Box (RCB) culvert the "Existing RCB Culvert") located under Lefebure Road just south of East Southview Road, and replacing it with a triple Reinforced Concrete Box (RCB) culvert {the "Replacement RCB Culvert"). This work will be completed as part of the Fairfax Road and Lefebure Road PCC Overlay Project (the "Project"), which is a joint project between the City of Fairfax, lowa and Linn County, lowa and is described in more detail herein. As part of the Project, the stream channel located immediately upstream as well as immediately downstream of the Replacement RCB Culvert shall be widened, and the stream channel's embankments shalf be graded back to accommodate the stream flows entering and exiting the Replacement RCB Culvert, as well as to allow for more manageable embankment slopes. Revetment stone shall be installed immediately downstream of the Replacement RCB Culvert to provide erosion protection at the outlet of the Replacement RCB Culvert. Located on the Grantor Property there are two private field drives that are owned and maintained by the GRANTOR. One of these private field drives ("NORTH FIELD DRIVE") is located '+mmediately north of this stream channel on the downstream (east} side of the Existing RCB Culvert. The other private field drive ("SOUTH FIELD DRIVE"} is located immediately south of this stream channel on the downstream (east) side of the Existing RCB Culvert. As part of the Project, the westerly portion of the NORTH FIELD DRIVE shall be reconstructed, and the existing Corrugated Metal Pipe (CMP) culvert located under the NORTH FlELD DRIVE will be replaced with a Reinforced Concrete Pipe (RCPj storm sewer. Also, as part of the Project, the SOUTH FIELD DRIVE shall be relocated slightly to the south, and the existing Corrugated Metal Pipe (CMP) culvert located under the SOUTH FIELD DR1VE will be replaced with a Reinforced Concrete Pipe (RCP) culvert. 3. In order to permit and allow the CITY, and others working on its behalf, to enter at any time upon the Easement Area {defined herein), and to use as much of the surface and subsurface thereto as needed, the GRANTOR desires to grant and convey to the CITY a perpetual and continual easement for the purpose of accessing, constructing, maintaining, repairing, and reconstructing said reinforced box culvert, stream channel (including the stream channel embankments and stone revetment), and RCP storm sewer located under the NORTH FIELD DRIVE, all located on the Grantor Property within the Easement Area. 4886-0429-3407\ 1 NOW THEREFORE, the GRANTOR and the CITY hereby agree as fol(ows: The GRANTOR hereby grants unto the CITY and its assigns a perpetual and continual easement for the purpose of accessing, constructing, maintaining, repairing, and reconstructing said reinforced box culvert, stream channel {including the stream channel embankments and stone revetment), and RCP storm sewer located under the NORTH FIELD DRIVE, all located on the Grantor Property within the following described easement area (the "Easement Area"): See Attached Exhibit "A" 2. The CITY owns the portion of the Replacement RCB Culvert located within the adjacent Lefebure Road right-of-way, and the CITY shall construct, maintain, repair and reconstruct said Replacement RCB Culvert. The GRANTOR owns the stream channel located on the GRANTOR's property downstream of the Replacement RCB Culvert, and the GRANTOR shall provide routine maintenance and repairs to the stream channef and its embankments within this portion of the Easement Area, such as maintaining and mowing vegetative cover on the stream channel embankments and minor erosion along the stream channel and its embankments. 4. The GRANTOR shall be responsible for all maintenance and repairs to this stream channel and its embankments located on the GRANTOR's property downstream (east) of this Easement Area. 5. Within the Easement Area, the CITY shall construct the stream channel and the embankment slopes located downstream of the Replacement RCB Culvert, including the revetment stone to be located immediately downstream (east) of the Replacement RCB Culvert. The CITY shall be responsible for al! of the maintenance, repairs and reconstruction of the revetment stone located within this Easement Area, as well as the maintenance, repairs and reconstruction to the portion of the stream channel and its embankments located within the Easement Area that are necessary due to significant erosion along this portion of the stream channel and its embankments, as well as the build-up of sedimentation along this portion of the stream channel which is located within the Easement Area. As part of the Project, the ClTY shall reconstruct the westerly portions of the NORTH FIELD DRIVE and tf�e SOUTH FIELD DRIVE, as welf as replace the existing CMP culvert under the NORTH FIELD DRIVE with an RCP storm sewer, and replace the existing CMP culvert under the SOUTH FIELD DRIVE with an RCP culvert. Per the Site Plan Development Agreement for the Travero Logistics Site, signed by Logistics Park Cedar Rapids, LLC on February 5, 2021 and approved by the Fairfax City Council with Resolution No. 2021-15, the GRANTOR shal) reimburse the CITY for the cost of the PCC apron for both the NORTH FIELD DRiVE and the SOUTH FIELD DR►VE. 7. The GRANTOR owns and shall maintain, repair and reconstruct the NORTH FIELD DRIVE and the SOUTH FIELD DRIVE. 4886-0429-3407\ 1 8. The GRANTOR owns and shall maintain, repair and reconstruct the Replacement RCP culvert located under the SOUTH FIELD DRIVE. 9. The CITY shall own, maintain, repair and reconstruct the RCP storm sewer located under the NORTH FIELD DRIVE. 10. The GRANTOR shall allow the CITY and/or their representatives to utilize the NORTH FIELD DRIVE and the SOUTH FIELD DRIVE to access the Easement Area for the purposes (as applicable) of constructing, maintaining, repairing and reconstructing the Rep{acement RCB Culvert, the stream channel and its embankments, and/or the RCP storm sewer located under the NORTH FIELD DRIVE, and GRANTOR shall not restrict the CITY'S use of the Easement Area for such purposes. 11. The CITY shall be responsible for repairs to the NORTH FIELD DRIVE and/or to the SOUTH FIELD DRIVE if the CITY and/or their representatives cause damage to either of these drives while utilizing them for the purposes described in Section 10. 12. This Agreement shall run with the land and be binding upon the parties hereto and their heirs, successors, and assigns of the GRANTOR and shall be permanent unto the CITY. 13. This Agreement shall not and cannot be modified or amended except by a writing signed by both the GRANTOR and the CITY. 14. All communications related to this Agreement must be to the persons listed below or to such other persons that the parties may specify in writing: GRANTOR: BillOberfoell General Manager, LPCR 2020 Lefebure Road Fairfax, IA 52228 Billoberfoell@travero.com For legal notices, with a copy to: Alliant Energy Corporate Services, Inc. Attn: Legal Department 4902 N. Biltmore Lane Madison, WI 53718 CITY: Burnell G. Frieden Mayor City Hall 300 80th St. Court Fairfax, lowa 52228 [email address] With a copy to: John Danos 4886-0429-3407\1 Dorsey & Whitney LLP 801 Grand Avenue Des Moines, iowa 50309-2790 danos.john@ciorsey.com Any notices provided in relation to this Agreement or required by law must be in writing and will be delivered to the other party at the address listed above or sent by electronic means. Notice sent electronic means will be deemed received by the close of the business day on which it is transmitted or such earlier time as is confirmed by the receiving party. Notice delivered by courier will be deemed to have been received on the business day after it is sent or such earlier time as is confirmed by the receiving party. Notice delivered by mail is deemed delivered on the date the notice is deposited with the United States Postal Service, postage prepaid, and properly addressed to the receiving party at the address listed by the receiving party in this paragraph. Proof of such date (although not required) may be proved by United States Postal Service postmark. Should either party elect to send a notice by multiple means, each such notice will operate independently as a properly served notice. Either party may change its address for the purpose of this section by giving written notice of such change ta the other party. N�tices sent other than in accordance with this section will be ineffective. 15. Upon discovering any breach of this Agreement by party and the other party's failure to cure such breach within five (5) days of receipt of written notification of the same, the non-breaching party may pursue any and all remedies available under law or equity, including but not limited to, prior to commencement of construction of the Project, terminating this Agreement. 16. The parties hereto shall comply with all applicable laws and policies, including environmental laws. 17. No failure or delay: (ij in exercising any right or remedy, or (ii) in requiring the satisfaction of any condition, under this Agreement, and no act, omission or course of dealing or course of performance between the parties, operates as a waiver or estoppel of any right, remedy or condition. A waiver made in writing on one occasion is effective only in that instance and only for the purpose stated. 18. Any provision specifically des+gnated in this Agreement to survive the termination or expiration of this Agreement and any other provision which, by its nature, may become performable by a party after termination of this Agreement will survive termination or expiration of this Agreement. 19. This Agreement may be executed in counterparts, each of which when executed by the parties will be deemed to be a complete original Agreement. An electronic (PDF) or facsimile copy of the executed Agreement or counterpart will have the same legal force and effect as an original document. 4886-0429-3407\1 Dated: "TV�� `� , 2022 GRANTOR: LOGISTICS PARK CEDAR RAPIDS, LLC Bill Oberfoell — General �M° ar�ager �f STATE OF IOWA, COUNTY OF LINN} MARY E�ISE ELLIOTT Notarial Seal - lowa Commissian Number 839246 My Commission Expires May 9, 2025 This instrument was acknowledged before me on this �_ day of ��..�--�- , 2022 by Bill Oberfoell, Generai Manager for Logistics Park Cedar Rapids, LLC. Dated: � �- / � , z022 CITY: CITY OF FAIRFAX, IOWA �� '✓ �-�-- urnell G. Frieden, Mayor STATE OF IOWA, COUNTY OF LlNN) r Notary Public and for the State of lowa This instrument was acknowledged before me on this �_ day of ,� ,<�2 , 2022 b Burnell G. Frieden, Mayor of the City of Fairfax, lowa. �� Y ti�O'�� SF, CYNTHIA K. STI(►ASt� , a� :° � Commission Number 128033 My Commission Expires �w� April 13, 2025 , � �� ,� ��L Notary P blic in and forthe State of lowa 4886-0429-3407U EXHIBIT "A" 4836-0429-3d0711 � loa a� Ie� ST �k N S'2\ N 0 ORNEWAY �N CULVERT & STORM WEST 1/4 �m SEWER SECTION 15 I T82N, R8W FD. P-K NAIL E. SC ROAD N 89'26�26" E �60.02� POINT OF BEGINNING �,l � � C � 1 � 0 I e N �o Im -i —'3_'f_j _ STREAM GHANNf (TOE OF BANK) - 12'x6'TRIPLE- BOX CUWERT 0�0 SCALE: 1"=40' SURVEY LEGEND >I sao FaiRFax eo. EXHIBIT A a BOX CULVERT, STREAM CHANNEL, 3 BOX CULVERT, STREAM CHANNEL, �I & STORM SEWER EASEMENT � 30,573 SQ. FT. (0.70 ACRE) & STORM SEWER EASEMENT i � x�' _ _ _ '�'� � N 87'58�39" E _ _ � � � � Z � � j70.00' ' \ � �N NORTH FIELD DRIVE � o ��i � N REVETMENTSTONE _ ��TOP OF � NK /I � . . a�'� ,_ , . . -�`�e�r '� 9 26�— _ � . i3: _ _ i� lo 1i 11�� / `Cj/��i �JV� ��,,1 ��, ri SOUTH LINE SW 1/4 NW 1/4 SECTION 15-82-8 NORTH LINE NW t/4 SW 1/4 SECTION 75-82-8 � ....._ �. ._... ..--.._... EXISTING STREAM CHANNEL I 8 TOP OF BANK _ ...____...�....�...�..._"_3.. N �'N_ . . . _._ . . . — . . _ —. . . . - � o +4'.r�„�' O � r� � � � ol� � �a �� ,�y. �� `', 1 � � . � ��,y��: 4 � � ` m -P ��: �� - TOP OF BANK I 2p2p ygFEBURE RD. � — �til�e � �� g� _ i ��G��O� 15 SOUTH FIELD DRIVE _ / ' � Sv _/ 1 J- _ �69.6a� _ _ _ .L -� - S 87'58 39" W LEGAL OESCRIPTION - BOX CULVERT, STREAM CHANNEL, & STORM SEWER EASEMENT: DRIVEWAY� I I CULVERT �� " }I 3 I � ol � � �I - - - - - - EASEMENT LWE i � _ _ /�EASEMENT AREA 1J — — — EXISTING LOT LINE — - - - — 1 /4 SECTION LINE — - - — SECTION �INE PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, AND PART OF THE NORTHWEST OUARTER OF THE SOUTHWEST OUARTER, ALLIN SECTION 15, TOWNSHIP 82 NORTH, RANGE 8 N/EST OF THE 5TH PRINCIPAL MERIDAN, LINN COUNTY, IOWA DESCRIBED AS FOLLOWS: SURVEY PREPARED FOR: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 15; THENCE CITY OF FAiRFAx, IOWA N89`26'26"E ALONG THE SOUTH LWE OF THE SOUTHWEST QUARTER OF THE NORTHWEST OUARTER OF SAID SECTION 15, 60.02 FEET TO THE EAST PREPARED BY: RIGHT-OF-WAY UNE OF FAIRFAX ROAD AND THE POINT OF BEGINNWG, THENCE HnL� & Hn�� ENGINEERS, iNC. NO2°01'21"W AIONG SAID EAST RIGHT-OF-WAY IINE OF FAIRFAX ROAD, 47.19 FEET 7860 BOYSON ROAO TO A POINT ALONG SAID EAST RIGHT-OF-WAY LINE; THENCE N87°58'39"E, 170.00 HIAWATHA, IOWA 52233 FEET; THENCE S02'01'21"E, 180.00 FEET; THENCE S87°58'39"W, 169.60 fEET TO THE 379-362-9548 EAST RIGHT-OF-WAY LWE Of LEFEBURE ROAD; THENCE NO2"11'40"W ALONG SAID EAST RIGHT-OF-WAY LINE OF LEfEBURE ROAD, 132.81 FEET TO THE POINT OF BEGINNING. SAIO EASEMENT CONTAINS 30,573 SQ. FT., 0.70 ACRE. 0 4 .. �� v � � � .. i � m "� � w ,i w wz u U z z ua � � � �w W _ 3� w°� Z � _ o m o cQi` 3 � F �n o a W � �LL �Q o J �. '� t� • Q � o� �� 025 _ °�' �> o _ m z�J : w J � (j 2 , .-� u5 w 0 J � W x Q Q ¢ W LLa' O U w LL � � a � ¢ a z �. ¢ w m � 07 � w °�3 � _�� z W � ln W J � W � m ¢ J O LL � U tn J Q o � x � O o m DATE: 04-21-2022 SCALE: 1" = ao' SHEET: � PRO)ECT NUMBER: 6950-21-02