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Home My WebLink AboutRESOLUTION NO. 2022-73RESOLUTION NO. 2022-73 RESOLUTION APPROVING A PRIVATE STORM WATER MANAGEMENT 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 storage and processing facility (ReGen site) in the southwest corner of 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, which is immediately adjacent to the Travero Logistics Park Facilities, which is 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 is expanding and sharing the storm water management facilities (wet pond) that are already in place on the Travero Logistics Park Facilities site to address the storm water management requirements for the ReGen site; and WHEREAS, Logistics Park Cedar Rapids, LLC has prepared a private storm water management facilities easement agreement establishing a private storm water management facilities easement over the shared storm water management facilities (wet pond) to maintain the use of these storm water management facilities for both Travero Logistics Park and ReGen; and WHEREAS, Hall and Hall Engineers, Inc. has reviewed said private storm water management facilities 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 private storm water management facilities 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 ATTEST: � � �G��.��-�� nthia Stimson, City Clerk /-� __._, � �� C ✓� �°-.'.�, �- �� (��r� �•�--F--�—�=- Burnell G. Frieden, Mayor ��,�Ff o€� _ "�� . ��, :� .,. � � .t � ,_ . �r. „<,, EASEMENT FOR PRIVATE STORM WATER MANAGEMENT FACILITIES This instrument made this ��h" day of �Tv/I/E , 2022, by Logistics Park Cedar Rapids, LLC, owner(s) (hereinafter referred to as Grantor) of the following described property: THAT PART OF THE SOUTH HALF (S1/2) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION FIFTEEN {15), LYlNG SOUTH OF THE RIGHT-OF-WAY OF 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, private storm water management facilities will be constructed upon and under a portion of the above real property owned by the Grantor, and WHEREAS, the Grantor desires to establish a perpetual and continual easement for private storm water management facilities for the purpose of constructing, reconstructing, and maintaining said private storm water management facilities in the event that the property is ever divided into two or more separate parcels owned severally by different persons or entities. THEREFORE, the Grantor hereby dedicates, creates, establishes and declares a perpetual and continual easement for the purpose of constructing, reconstructing, and maintaining said private storm water management facilities upon and under the following portions of the described property: See Attached Exhibit A The Grantor agrees to place no fill, erect no buildings, obstructions or other improvements upon or unde� the property covered by this Easement which would interfere with constructing, reconstructing, and maintaining said private storm water managerrtent facilities. !f the Grantor fills, erects buildings, obstructions, or other improvements upon or under the property covered by this easement, then the Grantor shall be fully responsible for all costs associated with the removal, repair and / or replacement of these buildings, obstructions, or other improvements that may be necessary due to the construction, reconstruction, and maintenance of said private storm water management facilities. That, the Grantor agrees this Agreement shall be binding upon the Property Owner their successors, and assigns and the sale by the Property Owner of all or any part of said property described above shall transfer obligations of the Property Owner to the successor in interest. Logistics Park Cedar Rapids, LLC BY�, �.�. �It�l _ Dee Brown, Director of Operations � c"�� a�o� Date STATE OF IOWA } ) ss: COUNTY OF LINN } This instrument was acknowiedged before me on � �� , 2022, by Dee Brown, Director of Operations of Logistics Park Cedar Rapids, LLC. � �,�e.�-.-� L,�� Notary Public - �ta�e of iowa MARY ELISE ELLI01'f Notarial 5eal - lawa Commission Number 839246 My Commission Expires May 9, 2025 EXHIBIT A STORM WATER MANAGEMENT FACILITIES Z EASEMENT PLAT A PART OF THE N 1/4 SW 1/4 AND , SECTION 15, TOWN3HIP 82 NORTH, RANCE 8 WEST OF THE 5TH P.M. FAIRFAX, LJNN COUN1'Y, IOWA. o �o0 20o aoo � Nf �\ � Z��..� ii� � � \ z °0 y ao I N �� °j ^� � 3 �— 3 '— cnz�zz zF zF �UI=W y � N � O y Z I I 1 I � I\� ``�� \� A i�� `�� \�� I �� \ \ � SCALE IN FEET NE % SW %s SEC710N 15-82—B WEST L1NE NE 1/4 SW 1/4 3'37°E SECTiON 15-82-5 26.91' SO'13'47"E 754.66' -- ,53' ————— — —————— � 3� i i T j� � o� i� ti� t�� B �° i i i -T�--------- — J� NO'31'13"W 1185.20' i �i i �i STORM WATER� i i �i MANAGEMENT i � i� FACILITIES EASEMENT � i �I 3.84 ACRES i � i i I I I I I � i ji 40' SANITARY i j �i SEWER EASEMENT �lil I \� \ 5 ,� � i �\ �\\�� PN 5 M�NZ � � � �P i �� 5� NE j i �`\ �\\ � ��ME t i I � � `� 2� PR� i � \�� \�� PNCSE �`N� t ! � � EP WEST CpRNER � W SECT. 1$ $2-8 � w � FOUND P�(.�� a W ��Ik �8 a� O� 15.8� S�G� WEST LINE NW 1/4 SW 1/4 SEC110N 15-82-8 POINT OF—� � I � i BEGINNING I � I �I NO'31'13"W i i 140.45' i j i j � i il i i ii 1 j �j � I �I SOUTHWEST CORNER NW 1/4 SW t/4 SECT. 15-82-8 FOUND PK. � I� i i i i i �i � I� i i i i I �\ � \\ � �\ \\ �` �\ M r W 0 N � z \ \1 l l I / I / ._—_______.'-__.r_-er-. : ,_ _____._ ___ _—_. . w� � ___ _ ____ _ ______ __ � �Mv _ _ — — S2"11'31"E 1326.33' = "-- S2'71'31"E 1326.33' � _ — — — — — LEGAL DESCRIPTION � A Storm Water Management Facil(ties thence North 89' 26' 40" East 114.52 feet � Easement in that part of the North Half of along said North line to the Northeast � � the Southwest Quarter, Section 15, comer of the said Northwest Quarter; �\ � � Township 82 North, Range 8 West of the thence South 2' 16' 23° East 431.53 feet 1�� 5th P.M, Fairfax, Linn County, lowa, along the East line of said Northwest ( I I described as foliows: Quarter; Commencing at the Southwest Corner of thence North 87' 43' 37" East 26.91 feet; PROPRIEI'OR the Northwest Quarter of the Southwest thence South 0' 13' 47 East 754.66 feet LOGIS7ICS PARK CEDAR RAPIDS, LLC quarter of said Section 15; to a point on said East line; thence North 89' 26' 02" East 7172.37 feet South 89' 26' 02" West 150.80 feet to the LEGEND along the South line of the said Northwest Point of beginning, containing 3.84 acres PROPERTY LINE Quarter; subject to Covenants, Easements and ----- ADJOINING LOT LINE thence North 0' 31' 13" West 140.45 feet Restrictions of Records. to the point of beginning; For purposes of this description, the South ---------- EASEMENT LINE thence continuin North 0' 31' 13" West 9 line of the Northwest Quarter of the V�1_1�J EASEMENT AREA 1185.20 feet to the North Line of said Southwest Quarter of said Section 15 is Northwest Quarter; assumed to bear North 89' 26' 02" East. EXHIBIT A 1 3TORM WATER MANAQ�AEM' FAC�3 EASEMENT PLAT O F A PAFiI' OF hE N 1/4 SW U4 APD , 8EC710N kS, 1 rowr�rp e2 rio�M Ra�oe s w�r oF nf 57H PJrI. FAI�AX, LNI (�OUNiY, IOWA DRAWN: JDS SCHNOOR-BONIFAZI APPROVED: JDS ENGINEERING & SURVEYING, LC 431 F[FI'H AVENUE SW c h n o o r $CA(.�: 1 "=2Q�' CEDAR RAPIDS, ]A 52404 . DA7E: 6 17 2022 �319) 298-6888 (PHONE) o n i f a z i PROJECT NO.: 20006 s-b-engineering.com i�pg�nLgering 8 5 ry vinn _