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Home My WebLink AboutRESOLUTION NO. 2022-74RESOLUTION NO. 2022-74 RESOLUTION APPROVING A PUBLIC UTILITY AND PRIVATE SANITARY SEWER FACILITIES 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) 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 Ciry of Fairfax, Linn County, Iowa; and WHEREAS, Logistics Park Cedar Rapids, LLC is installing a temporary private sanitary sewer service for the ReGen site along the south property line of the Travero Logistics Park site to connect to the City's sanitary sewer facilities located in the Lefebure Road right-of-way; and WHEREAS, Logistics Park Cedar Rapids, LLC shall have private franchise utilities extend their infrastructure along the south property line of the Travero Logistics Park site to service the ReGen site; and WHEREAS, Logistics Park Cedar Rapids, LLC has prepared a public utility and private sanitary sewer facilities easement agreement establishing an easement along the south side of the Travero Logistics Park site to construct, reconstruct and maintain said private sanitary sewer facilities and said franchise utilities infrastructure; and WHEREAS, Hall and Hall Engineers, Inc. has reviewed said private public utility and private sanitary sewer 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 public utility and private sanitary sewer 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: l � ir,� . .., �' t�� f ��r �� C thia Stimson, City Clerk � , � �.�.�-�-�-' C��_ _ �.. � Burnell G. Frieden, Mayor ,� >�� ,," € i ti 5 ~ R�,r PUBLIC UTILITY & PRIVATE SANITARY SEWER FACILITIES EASEMENT This instrument made this �D'��' day of �UN�, 2022, by Logistics Park Cedar Rapids, LLC, owner(s) (hereinafter referred to as Grantor) of the foilowing 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 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 ElGHT (8) WEST OF THE FIFTH (5) P.M., EXCEPTING ALL �EGAL HIGHWAYS. in the City of Fairfax, Linn County, lowa. WHEREAS, the owner in fee simple of the real property known and described as set out abave is the Grantor, and WHEREAS, utilities facilities, both existing and to be constructed upon and under a portion of the abave real property owned by the Grantor, and WHEREAS, the Grantor has agreed to give ta the City of Fairfax, lowa, a perpetual and continual easement for the purpose of public and/or private utility constructing, reconstructing and maintenance upon a portion of the real praperty of the Grantor, for consideration af $1.OQ and other valuable considerations duly paid and acknowledged. THEREFORE, for the abave consideration the Grantor hereby grants unto the City of Fairfax, lowa and its assigns a perpetual and continual easement for the purpose of constructing, recanstructing and maintaining the utili#ies upon and under the following portions of the above described property: See Attached Exhibit A The Grantor ag�ees to protect, defend, and hold the City of Fairfax, lowa, harmless from any and all damages or claims for damages that might arise or accrue as a result of acceptance and recording of this easement. The Grantor further agrees ta erect no buildings, obstructions or other improvements upon or under the property covered by this Easement which wauld interfere with the construction, reconstruction or maintenance of said utilities without first obtaining permission from the City of Fairfax, lowa. If the Grantor erects buildings, obstructions, or other improvements upon or under the praperty covered by this easement, then the Grantor shall be fufly 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 utility fac'sfities. 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 af the Property Owner to the successor in interest. Logistics Park Cedar Rapids, LLC BY= � �.9..�► � �,.-' Dee Brown, Director of Operations � �� a oate STATE OF IOWA } } ss: COUN7Y OF LINN ) This instrument was acknowledged befare me on .� ��. a-� , 2022, by Dee Brown, Director of Operations of Logistics Park Cedar Rapids, LLC. � �.>�� , Notary Pu lic - State of lowa �� MAFtY ELISE ELLIOTT Notarial Sea! - lowa Commission Number 839246 My Commission Expires May 9, 2Q25 EXHIBIT A PUBLIC UTILITY AND PRIVATE SANITARY SEWER EASEMENT PLAT A PART OF Tl� NW 1/4 3W 1/4 , SECTION 15, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE 5TH P.M. FAIRFAX, IJNN COUNTY, IOWA 5`��42�8 �� o� ,y.8 SE�� S2'16'23"E 15.01' � � 3 ao 3 ao N � � N �� Z� N^ z zF ZF J W W �y 2N � o a N z WEST LINE NE 7/4 SW 1/4 SECTION 15-82_8 _ EAST LINE NW 1/4 SW 1/4 — j— � SECTION 15-82-8 i i ii i � i� EXISTING i � i ! 60' � �i ACCESS EASEMENT � i�l i j ij MAIN ��,I�55�1�+2.8 1 SE��o 15' PUBLIC U1ILITY & PRIVAlE SANITARY SEWER EASEMENT 0.44 ACRES SOUTH UNE —� NW 1/4 SW 1/4 SECiION 15-82-8 WEST LINE NW 1/4 SW 1/4 SECTION 15-82-8 WEST CORNER SECT. 15-82-8 FOUND PK. i � i� � � � j �j � y� � � N � � i � ^ � � I � i� 1 ZF � i �i � �w i i ii i �� I j �j � � 0 y i !i � Z I �I i I I �I I �I I �i I ,�� S271'31"E 1i 326•33, EXH�IT A 1 PUBLIC U11LtTY AND PPoVATE s�wrraFrr � easE�rr �,T � F A PAflT OF 7FE NW 1/4 8W 1/4 , BECTION 15�, 1 TONn� s2 r�oRn�� Ra�c� s w�r oF n� 51H PM FAi�AX, LrN COUNIY, IOWA Fu� �,>, - 0 100 200 400 SCALE IN FEET PROPRIETOR LOGISTICS PARK CEDAR RAPIDS, LLC LEGEND PROPERTY LINE — — — — — ADJOINING LOT LJNE ---------- EASEMENT LINE LG1�1J EASEMENT AREA LEGAL DESCRIPTION A 15.00 foot wide Public Utility & Private Sanitary Sewer Easement in that part of the Northwest Quarter of the Southwest Quarter, Section 15, Township 82 North, Range 8 West of the 5th P.M, Fairfax, Linn County, 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 60.02 feet along the South line of the said Northwest Quarter of the Southwest Quarter to the East right—of—way line of Lefebure Road and the point of beginning; thence North 2' 11' 37" West 15.01 feet along said right—of—way line; thence North 89' 26' 02" East 1267.42 feet to the East line of said Northwest Quarter; thence South 2' 16' 23" East 15.01 feet along said East 11ne to the South line thereof; thence South 89' 26' 02" West 1267.44 feet along said South line to the point of beginning, containing 0.44 acres subject to Covenants, Easements and Restrictions of Records. For purposes of this description, the South line of the Northwest Quarter of the Southwest Quarter of said Sectian 15 is assumed to bear North 89' 26' 02" East. N291'31"W 15.01' oN89'26'02'E--------- 60.02' �lRE ROAD � � SOUTHWEST CORNER NW 1/4 SW t/4 � SECT. 15-82-8 FOUND PK. DRAWN: JDS SCHNOOR-BONIFAZ[ APPROVED: JDS ENGINEERING & SURVEYING, LC 431 FIFfH AVENUE SW c h n o o r SCA�E: 'I �=LOO� CEDAR RAPIDS, IA 52404 _ DATE: 6 17 2022 �319) 298-8888 (PHONE) o n i f a z i PROJECT NO.: 20006 s-b-engineering.com � Enaineerina & Survevina (