HomeMy WebLinkAboutRESOLUTION NO. 01-05-08 RESOLUTION NO. � /
CONCERNING REQUEST TO VACATE UTILITY EASEMENT IN
FAIRFAX HEIGHTS FIRST ADDITION TO THE CITY OF FAIRFAX, IOWA
IN CONNECTION WITH FINAL PLAT OF
NETOLICKY FIRST ADDITION TO THE CITY OF FAIRFAX, IOWA
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WHEREAS Sevg Development, L.C. as owner and Netolicky Construction, Inc.
as owner and developer seek final plat approval of the subdivision to be known as
Netolicky First Addition to the City of Fairfax, Iowa(formerly referred to as Netolicky
First Subdivision and hereinafter"Netolicky First Addition'); and
WHEREAS exhibit A attached hereto depicts the Final Plat of Netolicky First
Addition; and
WHEREAS the Final Plat of Fairfax Heights First Addition to the City of Fairfax,
Iowa(hereinafter"Fairfax Heights First Addition") has previously been approved by the
City of Fairfax (hereinafter"'the City") and has been duly recorded with the office of the
Linn County Recorder; and,
WHEREAS included within said Fairfax Heights First Addition were lots
numbered 50, 51 and 7lhich now comprise the property being replatted as Netolicky
First Addition; and
WHEREAS there is centered along the lot line between lots 51 and 71 of Fairfax
Heights First Addition a utility easement thirty(30) feet in width, also depicted on
Exhibit A hereto as situated within Lot 2 of Netolicky First Addition; and
WHEREAS in connection with the platting of Netolicky First Addition, the
owners Sevig Development L.C. and Netolicky Construction, Inc.have requested that the
City vacate the aforementioned utility easement; and
WHEREAS the South Slope Coop Telephone Company, Inc.,the Linn County
Rural Electric Cooperative,AT&T Broadband(formerly TCI of Iowa) and MidAmerican
Energy Company, comprising all utilities with an interest in the aforementioned utility
easement, have all agreed in writing to the vacation of said easement; and
WHEREAS, the City considered the aforementioned request to vacate as an item.
on its agenda for the regularly scheduled public meeting held April 10, 2 00 1; and
WHEREAS the City Engineer has reviewed the request to vacate the
aforementioned utility easement and has concurred with the request,
NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAIRFAX, IOWA that the thirty(30) foot utility easement centered along the
lot line between Lots 51 and 71 of Fairfax Heights First Addition to the City of Fairfax,
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Iowa is hereby vacated effective immediately, and, further,that the City Clerk shall cause
this resolution to be duly recorded with the office of the Recorder of Linn County, Iowa
so as to reflect said vacation.
AYE: Lyc)[D to C, Vin, qa ji n 0-N`iC
NAY:
ABSTAINING: VC
.ABSENT: .
Passed and approved this f
. day of ?. 200
William Voss, Mayor
ATTEST-
Mary
TTEST:
Ma�aP cha, City Clerk