HomeMy WebLinkAboutRESOLUTION NO. 2020-18 RESOLUTION NO. 2020-18
RESOLUTION APPROVING THE BELLON-AFRICA FAMILY FARMS
L.C. SANITARY SEWER FACILITIES EASEMENT AGREEMENT IN
THE CITY OF FAIRFAX, LINN COUNTY, IOWA
WHEREAS, The City of Fairfax is having sanitary sewer facilities installed as part of
the Iowa DOT Highway 151 Bridge Replacement Project in the City's public right-of-way
located immediately west of the Highway 151 and Church Street intersection; and
WHEREAS, these sanitary sewer facilities encroach slightly into the property located
immediately west of the City's public right-of-way, which is owned by Bellon-Africa Family
Farms, L.C.; and
WHEREAS, Hall and Hall Engineers, Inc. has prepared the sanitary sewer facilities
easement agreement and recommends that the City of Fairfax approves the Bellon-Africa Family
Farms, L.C. sanitary sewer facilities easement agreement.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fairfax,
Iowa, that the Bellon-Africa Family Farms, L.C. sanitary sewer facilities easement is hereby
acknowledged and approved on the part of the City of Fairfax, Linn County, Iowa.
BE IT FURTHER RESOLVED, by the City Council of Fairfax, Iowa, that the Mayor
and the City Clerk/Treasurer are hereby authorized and directed to execute said Resolution.
Passed and approved this 18t" day of February, 2020.
AYES: Daly, Pacha, Volk, Wainwright, and Otto
NAYS: None
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Burnell G. Frieden, Mayor
ATTEST:
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Cy hia K. Stimson, City Clerk/Treasurer
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EASEMENT FOR SANITARY SEWER FACILITIES
This instrument made this day of2020, by Bellon-
Africa Family Farms, L.C., owner(s) (hereinafter referred to fis Grantor) of the following described
property:
See Attached Exhibit A
In the City of Fairfax, Iowa; and
WHEREAS, the owner in fee simple of the real property known and described as set out
above is the Grantor, and
WHEREAS, sanitary sewer facilities shall be constructed upon and under a portion of the
above real property owned by the Grantor; and
WHEREAS, the City of Fairfax shall compensate the Grantor for crop damages due to
construction, reconstruction, and maintenance of said sanitary sewer facilities; and
WHEREAS, said sanitary sewerfacilities easement shall terminate upon the extension of the
public street through this easement and the dedication of this property as public street right-of-way;
and
WHEREAS, the Grantor has agrees to give the City of Fairfax, Iowa, a perpetual and
continual easement for the purpose of constructing, reconstructing, and maintaining said sanitary
sewer facilities upon a portion of the real property of the Grantor, for consideration of $1.00 and
other valuable considerations duly paid and acknowledged.
THEREFORE, for the above consideration, the Grantor hereby grants unto the City of
Fairfax, Iowa, and its assigns a perpetual and continual easement for the purpose of constructing,
reconstructing, and maintaining said sanitary sewer facilities upon and under the following portions
of the above described property.
The Grantor further agrees to erect no buildings, obstructions or other improvements upon or
under the property covered by this Easement which would interfere with construction,
reconstruction, or maintenance of said sanitary sewer facilities without first obtaining permission
from the City of Fairfax, Iowa.
That, the Property Owner 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.
PROPERTY OWNER
Bellon-Africa Family Farms, L.C.
Howard Frank Bellon Jr., MANAGM Date
6F:;7- 6?1j
Nancy Kay Africa, MNAGE'6 Date
STATE OF IOWA
ss
COUNTY OF LINN
On thisday of 2020, before me, a Notary Public in and for
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the County of Linn, State of Iowa, personplri'appeared Howard Frank Bellon Jr. and Nancy Kay
Africa, MANAGERS to me known to be the person named in and who executed the foregoing
instrument and acknowledged that he executed the same as his voluntary act and deed.
IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the
day and year last above written.
KIMBERLY DONALDSON
Commission Number 790647
MY Commission Expires NotaryPublic in and for Linn County, Iowa
06/22/