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Home My WebLink AboutRESOLUTION NO. 2022-75RESOLUTION NO. 2022-75 RESOLUTION APPROVING WATER MAIN FACILITIES EASEMENTS 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; and WHEREAS, Logistics Park Cedar Rapids, LLC is constructing public water main facilities upon and under the southern portion of said ReGen site which will be dedicated to the City of Fairfax to maintain and reconstruct; and WHEREAS, Logistics Park Cedar Rapids, LLC has signed a private water main facilities and water main facilities easement agreement establishing conditions for this water main facilities easement located along the southerly portion of this property (ReGen site); and WHEREAS, Hall and Hall Engineers, Inc. has reviewed said water main 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 water main 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 � � I�� ^ .�.L-�-�P'�+(,�ey� _-,---- �Burnell G. Frieden, Mayor ATTEST: � (�l ��'=-- _ i��-�� Cy thia Stimson, City Clerk EASEMENT FOR WATER MAIN FACILITIES This instrument made this ��`' 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 (N1t2) OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION FIFTEEN (15), AL� IN TOWNSHIP EIGHT-TWO (82) N(�RTH, 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, water main facilities will be constructed upon and under a portion of the above real property owned by the Grantor, and WHEREAS, the Grantor has agreed to give the City of Fairtax, iowa, a perpetual and continual easement for the purpose of constructing, reconstructing, and maintaining said water main facilities upan a portion of the real property of the Grantor, for consideration of $1.00 and other valuabfe considerations duly paid and acknowledged. THEREFORE, for the above consideration the Grantar hereby grants unto the City of FairFax, lowa, and iis assigns a perpetuai and continual easement for the purpose of constructing, reconstructing, and maintaining said water main facilities upon and under the following portions of the described property: See Attached Exhibit A The Grantor agrees 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 to erect no buildings, obstructians or other improvements upon or under the property covered by this Easement which would interfere with constructing, reconstructing, and maintaining said water main facilities without first obtaining permission from the City of Fairfax, lowa. If the Grantor 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 removaf, repair and / or replacement of these buildings, obstructions, or other improvements that may be necessary due to the construction, reconstruction, and maintenance of said water main 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 af all or any part of said property described above shall transfer obligations of the Property Owner to the successor in interest. Lagistics Park Cedar Rapids, LLC By: /(� ��ty1,v� Dee Brown, Director af Operations STATE OF IOWA COUNTY OF LINN ) ) ss: � �O �8 0�?� Date This instrument was acknowledged befare me on�v.r.c.. �� , 2022, by Dee Brown, Director of Operations of Logistics Park Cedar Rapids, LLC. .r �J� ��'"...J""�- Notaty Pub �c - State of lowa MARY ELISE ELLIOTT Notarlal Seal - lowa Commissitan Numteer d34i96 My Commission Expires t�Aay 9, 2025 EXHIBIT A WATER MAIN FACILIIIES EASEMENT PLAT Z A PART OF THE NE 1/4 3W 1/4, 3ECTION 15, TOWN3HIP 82 NORTH, RANC� 8 WEST OF THE 5TH P.M. FAIRFAX, LJNN COUMY, IOWA. WATER MAIN FACIUTIES EASEMENT 0.29 ACRES 5�`i0ry/� �� 0�1� �G� 30. � � 3 ao 3 m N � N � \� �� W � N '" Z Z Z zF zF �W =W � (/� S N � 0 0 y z 0 100 200 400 SCALE IN FEET PROPRIETOR LOGISTICS PARK CEDAR RAPIDS, LLC LEGEND PROPERTY LINE — — — — — ADJOINING LOT LINE ---------- EASEMENT LINE I.G�1�.GJ EASEMENT AREA WATER MAIN � EASEMENT � j�� jV a; 69.0' � i�i `} WEST LINE NE 1/4 SW 1/4 '\ SECTION 15-82_S — -r EAST LINE NW 1/4 SW 1/4 � � j SECTION 75-82-8 i � I NO'33'57"W i � j 30.00' i j � NO'33'57"W I j � 69.00' j � I i � i EXISTING j i i 60' � � ACCESS EASEMENT i i� � i � � � I EXISTING 30' � _ i � WA7ER i � i MAIN EASEMENT � i � � �I � i� � � I � �0�,�� I � I �� ,�/ � � � 6�G� ! i WEST LINE � NW 1/4 SW 1/4 � SECTION 15-82-8 WEST CORNER ISECT. 15-82-8 FOUND PK. ________--- LEGAL DESCRIPTION POINT OF BEGINNING A 30.00 foot wide Public Water Main Easement in that part of the Northeast — — Quarter of the Southwest Quarter, Section 15, Township 82 North, Range 8 West of the 5th P.M, Fairfax, Linn County, lowa, described as fOIlOW3: Commencing at the Southwest Comer of the Northwest Quarter of the Southwest Quarter of said Section 15; thence North 89' 26' 02" East 1342.35 feet M along the South line of the North half of the N said Southwest Quarter; M thence North 0' 33' 57" West 69.00 feet to W the point of beginning; N thence continuing North 0' 33' 57" West � 30.00 feet; ,n`Oi thence North 89' 26' 02" East 419.85 feet; ro thence South 0' 33' 58" East 30.00 feet; Z thence South 89' 26' 02" West 419.85 feet to the point of beginning, containing 0.29 acres subject to Covenants, Easements and Restrictions of Records. 1� '�� 1�3� I� N � 1� \°0 �j 3� �� zF ��w il �� i I � �� N I� �I I� � — _ � S2'17'31"E 7326.33'— — — _ _ EXHIBIT A 1 WATER MAW FACILIIIES EA3�AENT PLAT O F A PAR� OF TFE PE U4 SW 1/4, 9ECTION 15, 1 row� e2 rioan�� ,r� s w�r oF TFE 5TH PM FAFiFAX, LNI COUNTY, IOWA � ',yro N \ °D � 1 NZ zF J W �N 0 Z 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 7/4 SW 1/4 SECT. 15-82-8 FOUND PK. --3—'----------- W � o— — _ �� — — — � — — — — — — — — — — — DRAWN: JDS SCHNOOR-BONIFAZI APPROVED: JDS ENGINEERING & SURVEYING, LC 431 FIFfH AVENUE SW c h n o o r SCA�: i�=200� CEDAR RAPIDS, IA 52404 _ DATE: 6 17 202'L �319) 298-8888 (PHONE) o n i f a z i PROJECT NO.: 20006 s-b-engineering.mm � Fnaineerinq & Survevina �