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Home My WebLink AboutRESOLUTION NO. 2022-72RESOLUTION NO. 2022-72 RESOLUTION APPROVING AN ACCESS EASEMENT FOR THE REGEN DEVELOPMENT BY LOGISTICS PARK CEDAR RAPIDS, LLC IN THE CITY OF FAIRFAX, LINN COUNTY, IOWA WHEREAS, Logistics Park Cedar Rapids, LLC is developing a storage and processing facility (ReGen site) which does not provide for public right-of-way access from the public street (Lefebure Road) to this property or to the the property located immediately east of this site, which is all located in the Northeast Quarter of the Southwest Quarter of Section 15, Township 82 North, Range West of the Fifth P.M. in the City of Fairfax, Linn County, Iowa; and WHEREAS, Logistics Park Cedar Rapids, LLC has prepared an access easement agreement establishing an access easement along the southerly portion of this property (ReGen site); and WHEREAS, Hall and Hall Engineers, Inc. has reviewed said access easement agreement and recommends that the Fairfax City Council approves this easement agreement. NOW, THEREFORE, BE IT RESOLVED, By the City Council of the City of Fairfax, Iowa, that this access 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 9th day of August, 2022. AYES: Nurre, Daly, Pacha, Volk, and Wainwright NAYS: None � .� �� -� -��`�,' � .�..-.�-.�..�- Burnell G. Frieden, Mayor ATTEST: 1,�, ` �^� Vl."� �z!°�'��,.. Cy thia Stimson, City Clerk . � ';,�� _��;� k .,t, � k � t ACCESS EASEMENT This instrumen# made this �� day of �TvN� , 2022, by Logistics Park Cedar Rapids, LLC, owner{s) (hereinafter referred to as Gran#or) of the following described property: THAT PART OF THE SOUTH HALF (S1/2) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION FIFTEEN (15), LYING SOUTH OF THE RIGHT-OF-WAY �F THE C.M. ST. P. & P. RAILWAY COMPANY, AND THE NORTH HALF (N1/2) OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION FIFTEEN (15), ALL IN TOWNSHIP EIGHT-TWO (82) NORTH, RANGE EIGHT (8) WEST OF THE FIFTH (5) P.M., EXCEPTING ALL LEGAL HIGHWAYS. In the City of Fairfax, Linn County, lowa, and WHEREAS, the owner in fee simple of the real property known and described as set out above is the Grantor, and WHEREAS, Grantor desires to provide far adequate vehicular and pedestrian access upon and across the Property to the buildings focated thereon (whether now or in the future) in the event that the property is ever divided into two or more separete parcels owned severally by different persons or entities. NOW, THEREFORE, Grantor hereby declares the following: 1. Access Easement. Declarant hereby dedicates, creates, establishes and declares a perpetual, non-exclusive right, privilege and easement, in common with ali others having a right to use and enjoy the same, over, across and through the surFace of that portian of Property described and depicted on Exhibit R attached hereto, for the purpose of permitting pedestrian and vehicular ingress and egress to and from the Property, or any portion thereof, and the streets and highways abutting the Property (the "Access Easement"). 2. Dedication and Reservation. The Access Easement is hereby dedicated, created, established and declared for the use and benefit of Grantor, its successors and assigns and their lessees, tenants, licensees and invitees in the full use and enjoymen# of the buildings Iocated upan the Property, forever, without regard to whether the Property shail be divided into two or more parcels and owned by different persons or entities. Grantor hereby expressly reserves and retains for itself and for its successors, assigns, subsequent grantees and owners of the Property, or any part thereof, and their tenants, licensees, lessees, customers and invitees the right and privilege at any and all times to go upon and use the Access Easement without regard to whether the Property is hereafter divided into two or mare tracts owned in severalty by different persons. Further, to effectuate all of the purposes above mentioned, Grantor reserves and retains the right and the power to execute, deliver and record such further instruments and documents as may be necessary to confirm such rights and privileges of use in those for whose benefit such reservations have been made herein. Logistics Park Cedar Rapids, LLC gy: � � � t Dee Brown, Direc#or of Operations � a8 � a.- Date STATE OF IOWA ) ss: COUNTY OF LINN ) This instrument was acknowledged before me on ��n �- Z.Si , 2022, by Dee Brown, Director of �perations of Logistics Park Cedar Rapids, LLC. r�� . -e-� ✓�� Notary Public - State of lowa MARY ELISE ELUOTT Notarial Seal - lowa Gots�missian Number 834246 My Commission Expires Mziy 9, 2025 EXHIBIT A ACCESS EASEMENT PLAT A PART OF THE NE 1/4 3W 1/4, 3ECTION 15, TOWN3HIP 82 NORl'H, RANGE 8 WE3T OF THE 5TH P.M. FAIRFAX, UNN COUMY, IOWA SO'33'58"E_ 60.00' 60' ACCESS EASEMENT � 0.60 ACRES iV m M t�E��1�55,18�/a � 1� SEG�� '� o> � Z EASEMENT WEST LINE NE 1/4 SW 1/4 SEC110N 15-82_S _ — EAST UNE NW 1/4 SW 1/4 SECTiON 15-82-8 N2'i 6'23"W� 60.03' WEST LINE NW 1/4 SW 1/4 SECTION 15-82-8 EXISi1NG i � i i 60' � �� ACCESS� EASEMENT � i � i � I � �� iNG 30' WATER ! i� i- M N EASEMENT "' I I I � �� o � � I� N � � �� ro ! I ;I z 5`�,�82�$ �� o� �5. SE�� F � WEST CORNER SECT. 15-82-8 FOUND PK. _____ � � N� Nai �� r � w� �� z Z zF zF �W �W �N �N � o N z ih ri M � I�I Fr� _ ° �,��, - 0 100 200 400 SCALE IN FEET PROPRIEfOR LOGISTICS PARK CEDAR RAPIDS, LLC LEGEND PROPERTY LINE — — — — — ADJOINING LOT UNE ---------- EASEMENT LINE �1J EASEMENT AREA POINT OF BEGINNING LEGAL DESCRIPTION N2'16'23"W A 60.00 foot wide Access Easement in that 80.54' part of the Northeast Quarter of the ---" Southwest Quarter, Section 15, Township 82 North, Range 8 West of the 5th P.M, Fairfax, Linn Caunty, lowa, described as follows: Commencing at the Southwest Comer of the Northwest Quarter of the Southwest Quarter of said Section 15; thence North 89' 26' 02" East 1327.46 feet along the South line of the said Northwest Quarter of the Southwest Quarter to the East line thereof; thence North 2' 16' 23" West 80.54 feet alang said East line to the point of beginning; thence continuing North 2' 16' 23" West 60.03 feet along said East line; thence North 89' 26' 02" East 438.92 feet; thence South 0' 33' 58" East 60.00 feet; thence South 89' 26' 02" West 437.13 feet to the point of beginning, containing 0.60 acres subject to Covenants, Easements and Restrictions of Records. i� � i� � N � N � 1 I�� I � I r- 'n 3 � �zZ �z iJV �U � y N �� Z I� i i I � S2'11'31"E 1�26.33� -- EXHIBR A 1 ACCE33 EA3EMENT PLAT O F A PART OF TFE PE 1/4 8W 1/4, BECTION 15, 1 �vn�p es �m� Rarc� s wesr oF 7FE STH PM FA1�AX, LNI OWNRY, IOWA For purposes of this description, the South line of the Northwest Quarter of the Southwest Quarter of said Section 15 is assumed to bear North 89' 26' 02" East. SOUTHWEST CORNER �NW 1/4 SW 1/4 SECT. 15-82-8 ____ FOUND PK_,____ _LEFEBURE ROAD_ — — -- — — — — — DRAWN: JDS SCHNOOR-BONIFAZ[ APPROVED: JDS ENGINEERING & SURVEYING, LC 431 FIFfH AVENUE SW c h n o o r SCALE: 7��=YOO� CEDAR RAPIDS, ]A 52404 _ DAiE: 6 17 2022 i319) 298-8888 (PHONE) o n i f a z i PROJECT NO.: 20006 s-b-engineering.com � naineerinq & Survevina - �