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HomeMy WebLinkAboutRESOLUTION NO. 02-09-10-1 RESOLUTION 02-09-10-1 AUTHORIZATION TO CONSTRUCT PRIVATE SIDEWALK ON CITY RIGHT OF WAY WHEREAS,.Fames and Sheryl Stallman, owners of the following described property, Lot 14,Fairfax Heights First Addition to the City of Fairfax,Iowa, have requested permission to install a private sidewalk from the public walk to the back of the curb on 190 Bluff Drive;and, WHEREAS,the City Engineer has reviewed said request and recommends conditions for approval of the sidewalk installation,and, NOW THEREFORE BE IT RESOLVED,by the City Council of the City of Fairfax,Iowa that said request is hereby approved subject to the following conditions: ♦ That the owner shall hold the City harmless from any and all claims resulting from the City's approval of this resolution t That the owner shall perform all maintenance on the sidewalk including snow and ice removal at their expense.If the owner fails to perform the maintenance directed by the City within 30 days of receipt of notice the City shall have the right to remove the sidewalk and assess the cost of the removal to the owner 4 That if the sidewalk is removed by the City or any utility franchised by the City for the maintenance, Construction or reconstruction of facilities owned or operated by the City or the franchised utility,the owner will be responsible for the cost of replacement of the sidewalk - + That this resolution shall be binding on the owner and its heirs and assigns;and, BE IT FURTHER RESOLVED,that the owner shall sign an.acceptance of the conditions and that the City Clerk is hereby directed to record this resolution and the acceptance of conditions in the Office of the Linn County Recorder, Passed thisday of. ,2002, AYE -�zr f 1 ' ✓CoI� � l rt°� ori( k° NAY RIO ABSENT Bill Voss,Mayor ATTEST: !r Mar Pac ity C etk CITY OF FAIRFAX ACCEPTANCE OF CONDITIONS RESOLUTION 02-09-10-1 We hereby agree to the terms and conditions set out in the foregoing Resolution and specifically agree to protect, defend and hold the City of Fairfax harmless from any and all damages or claims for damages that might arise or accrue by reason of the granting of the petition and the passage of this Resolution. Dated this day of ,21002. Signature Signature Print Signature Print Signature 8/5102 Sidewalk To: Fairfax Building Department Ron Dusil Fr: rim Stallman 1.90 Bluff Drive Fairfax, IA 52228 I am requesting permission to install a walk from the street curb to the pedestrian sidewalk (Approx. 11 feet)that will provide access to the walk to my front door. Please let me know if this is acceptable. If there are any additional requirements or restrictions, please notify me. 'Thank you. Ron,just for comparison, I did some research regarding the treatment of this type of walkway by the city of Cedar Rapids. Below is what I found out. Please consider these items in reaching your decision regarding my request. Thank you. City of Cedar Rapids - Engineering Department- Sidewalk Inspector-Robert Burns Cedar Rapids has no regulations or restrictions regarding this type of walkway. The walkway is considered to be a private walk and does not need sloped access at the curb. Since it is a private walk and not a pedestrian sidewalk, it can be any width and be of any material. The walkway is not the "primary access" to the property, and this land is part of a utility right of way. If the walkway is torn up (destroyed)as a result of such utility work, it would have to be replaced at my expense. The primary access, should it be destroyed/damaged,would be repaired by the city. Due to the nature of the request, a building permit is not required. A "1-Call should be made prior to installation. Americans with Disabilities Act requires: (see attached,page 15., Section D) Curb ramps are required only at intersections. A sloped surface is required where pedestrian walkways cross curbs. Houses without sidewalks, driveways only, don't have handicap access, so why would my walkway be required?