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HomeMy WebLinkAboutRESOLUTION NO. 2006-39 - SET PUBLIC HEARING ON EXPANDED URBAN RENEWAL AND AMENDMENT Faidax/41991 S-9/UR Set Hrg Date Amend Area. SET DATE FOR HEARING ON EXPANDED URBAN RENEWAL AREA DESIGNATION AND URBAN RENEWAL PLAN AMENDMENT 419915-9 Fairfax, Iowa June 13, 2006 The Council of the City of Fairfax, Iowa, met on June 13, 2006, at '7,Vt) o'clock, .m., at the Pv,:(-1 I_ , in the City, for the purpose of setting a date for a ublic hearing on the design tion of an expanded urban renewal area and on a proposed urban renewal plan amendment. The Mayor presided and the roll being called, the following members of the Council were present and absent: Present: Absent: The Mayor announced that an amendment to the boundaries of the Fairfax Urban Renewal Area had been prepared, along with an amendment to the urban renewal plan for the area, and that it was now necessary to set a date for a public hearing on the proposed amended area and proposed amendment to the urban renewal plan. Accordingly, Council Member moved the adoption of the following resolution entitled "Resolution setting da or a public hearing on designation of the expanded Fairfax Urban Renewal Area and on urban renewal .plan amendment," and the motion was seconded by Council Member f . Following due consideration, the Mayor put the question on the motion and t oll being called, the following named Council Members voted: Ayes: Nays: Whereupon, the Mayor declared the resolution duly adopted as follows: -1- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-9/UR Set Hrg Date Amend Amen RESOLUTION NO. ,zA00&- Setting date for public hearing on designation of the expanded Fairfax Urban Renewal Area and on urban renewal plan amendment WHEREAS, this Council by resolution previously created the Fairfax Urban Renewal Area (the"Urban Renewal Area!); and WHEREAS, a proposal has been made which shows the desirability of expanding the Urban Renewal Area to add and include all the property (the `Troperty") within the legal description set out in Exhibit A; and WHEREAS, this Council is desirous of obtaining as much information as possible from the residents of the City before making this decision; and WHEREAS, an amendment to the urban renewal plan covering the expanded Urban Renewal Area has been prepared and it is now necessary that a date be set for a public hearing on the designation of the expanded area and on that plan amendment; and WHEREAS, a portion of the Property meets the definition of "agricultural land? under Section 403.17 of the Code of Iowa, and certain agreements (the "Agricultural Agreements") have been prepared for presentation to the owners of such land in order to satisfy the consent requirements under that section of the law; NOW, THEREFORE, Be It Resolved by the City Council of the City of Fairfax, Iowa, as follows: It L Section 1. This Council will meet at the ' , Fairfax, Iowa, on the 11th day of July, 2006„ at ` o'clock D_.m., at whic time and place it will hold a public hearing on the designation of the expanded Urban Renewal Area described in the preamble hereof and on the proposed urban renewal plan amendment for said area. Section 2. The City Clerk shall publish notice of said hearing, the same being in the form attached hereto, which publication shall be made in a legal newspaper of general circulation in Fairfax, which publication shall be not less than four(4) nor more than twenty (20) days before the date set for hearing. Section 3. Pursuant to Section 403.5 of the Code of Iowa, the City Clerk and Nancy Flickinger are hereby designated as the City's representatives in connection with the consultation process which is required under that section of the urban renewal law. -2- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfaxl419915-91UR Set Hrg Date Amend Area Section 4. The proposed urban renewal plan amendment is hereby submitted to the City's Planning and Zoning Commission for review and recommendations, as required by Section 403.5, Cade of Iowa. Section 5. The City Clerk is hereby authorized and directed to deliver, the Agricultural Agreements to the owners of "agricultural land"" (as described in the preamble to this Resolution), such Agricultural Agreements to be executed and delivered to the City prior to the public hearing on July 11, 2006. Passed and approved June 13, 2006. Mayor Attest: City Clerk -3- DORSEY&WI,lITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfaxt419915-9AJR set Hrg Date AmendA=2 NOTICE OF PUBLIC HEARING ON DESIGNATION OF EXPANDED FAIRFAX URBAN RENEWAL AREA AND ON PROPOSED URBAN RENEWAL PLAN AMENDMENT No ' e I H_ ereby Given: That at o'clock m., at the F "arrfax, Iowa, on the 11th day of Iuly, 2006, there�ll be conducted a public he g on the question of designating an expanded Fairfax Urban Renewal Area, pursuant to Chapter 403, Code of Iowa, by adding and including the property generally described as follows: Certain real property in the City of Fairfax, Iowa, situated as follows: 1) Approximately '7'7 acres of real property situated immediately north of Cemetery Road, south of Williams Boulevard, east of Fairfax Heights Subdivision, and west of Prairie View Estates Subdivision, more commonly known as Prairie View]Sleights Subdivison; and 2) Prairie View Estates Subdivision Part-One and Part-Two and certain property lying immediately to its west and bounded on the north by Williams Boulevard (this property is being added to clarify the legal description of property added to the Urban Renewal Area in 2001); and 3) Certain property in the southern portion of the City of Fairfax including property generally lying along and north of Southview Road, east of Highway 151, south of Church and Linn Streets and west of Fairfax Road; and 4) A portion of the right-of-way of Railroad Street and Fairfax Road; and 5) Property known as Bailey's First Addition lying south of Southview Road and north of Highway 15 1; and 6) Certain bare farm ground lying in the southern portion of the City and situated immediately east of Fairfax Road and immediately north of the CRANDIC Railroad line. (The property to be included is more particularly described and shown in the Urban Renewal plan Amendment on file in the office of the City Clerk) The subject matter of the public hearing will also include a proposed amendment to the urban renewal plan for the Fairfax Urban Renewal Area covering the area identified above, pursuant to Chapter 403, Code of Iowa, a copy of which amendment is on file for public inspection in the office of the City Clerk. The proposed amendment to the urban renewal plan brings the property described above under the plan and makes it subject to the provisions of the plan. The plan will also facilitate the acquisition of certain real property in the urban renewal area. At said hearing any interested person may file written objections or comments and may be heard orally with respect to the subject matters of the hearing. -4- DORSEY&WRTTNEY LLP,ATTORNEYS,DES MOINES,IOWA Fa rfax419915-9fUR Set€erg Date Amend Area Connie Frame City Clerk -S- DORSPY&WHITNEY LLP,ATTORNEYS,DE'S MOINES,IOWA Fairfaxl419915-9ALJR Set Hrg Date Amend Area On motion and vote the meeting adjourned. Mayor Attest: City Clerk i i -6- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-9A JR Set Ift Date Amend Aaea EXHIBIT A Legal Description Expanded Fairfax Urban Renewal Area (2006 Addition) A) (This property is being added to clarify the legal description of property added to the urban renewal area in 2001) All that part of the Southeast quarter of the Southeast quarter of Section 3, Township 82 North, Range 8 West of the 5th Principal Meridian, Linn County, Iowa, lying Southeasterly of the Southeasterly right-of-way of U.S. Highway No. 151 and lying South of the South right-of-way of Beverly Road, and All of the Northeast quarter of the Northeast quarter of Section 10,Township 82 North, Range 8 West of the 5th Principal Meridian,Linn County, Iowa. More commonly known as Prairie View Estates Subdivision Part-One and Part-Two; and All that part of the Southwest quarter of said Southeast quarter of Section 3, Township 82 North, Range 8 West of the 5`th Principal Meridian, Linn County, Iowa, lying Southeasterly of the Southeasterly right-of-way of U.S.Highway No. 151. Said parcel contains approximately 84.3 acres; and B) All that part of the Northwest Quarter of the Northeast Quarter and the Southwest Quarter of said Northeast Quarter of Section 10, Township 82 North, Range 8 West of the 5th principal meridian except Auditor's Parcel No. 1269, as recorded in book 6058, Page 311 in the office of the Linn County Recorder. More commonly known as Prairie View Heights Subdivision; and Said parcel contains approximately 77 acres, subject to easements and restrictions of record; and C) All of the property contained within the following legal description: Beginning at the point of intersection of the West right of way lane of Highway 151 also known as Williams Boulevard, and the South line of Church Street extended, thence East along the South line of Church Street to the East line of Park Street, thence South along the East line of Park Street to the North line of Linn Street, thence East along the North line of Linn Street to the West line of Fairfax Road, thence north along the West line of Fairfax Road to the South line of Railroad Street, thence west along the south line of Railroad Street to the East line of Siepman Drive, thence North along the East line of Siepman Drive extended to the North line of Railroad Street, thence East along the North line of Railroad Street to the West line of Fairfax Road, thence north along the West line of Fairfax Road extended to the North line of the Union Pacific Railroad right of way„ thence East along the North line of the Union Pacific Railroad right of way to the East line of Fairfax Road extended, thence South along the East line of Fairfax:Road to a point 1310.33 feet'North of the West %4 comer of Section 15, T82N, R8W of the 5a°'P.M., City of Fairfax, Linn County, Iowa; thence East along a line parallel to the North line of the SW '/4,NW Va, and the SE K,NW 114 a distance of 2203.83 feet,thence South along a line that deflects 88012'23" to the right from the previous line, to the North line of Cedar Rapids and Iowa City -7- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairf'ax1419915-9(M Set Hrg bate Amend Ares Railroad right of way, thence West along the North line of the Cedar Rapids and Iowa City Railroad right of way to the east line of Fairfax Road,thence South along the East line of Fairfax Road to the centerline extended of Southview Road, thence West along the centerline of Southview Road to the northwest line of Highway 151, thence Northeasterly and North along the West line of Highway 151 to the point of beginning, and All of Bailey's First Addition to the City of Fairfax, Linn County,Iowa. Said parcel contains approximately 153 acres. DORSEY,&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA FairfaV419915-9/iJR Set flrg Date Amend Area STATE OF IOWA COUNTY OF LINN SS: CITY OF FAIRFAX I, the undersigned, City Clerk of the aforementioned City do hereby certify that pursuant to the resolution of its Council faxing a date of public hearing, on the question of designating the expanded Fairfax Urban Renewal Area for the City and on a proposed urban renewal plan amendment, the notice, of which the printed slip attached to the publisher's affidavit hereto attached is a true and complete copy,was published on the date and in the newspaper specified in such affidavit, which newspaper has a general circulation in the City, and copies were sent to the county, school district and community college. WI ESS my hand and the seal of the aforementioned City hereto affixed this J3day of , 2006. City Clerk (Seal) (Attach here publisher's affidavit of publication of notice.) (PLEASE NOTE: This certificate must not be dated until the publication has been made and you have reviewed it to be sure that the notice was published on the date indicated in the attached affidavit.) -9- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA STATE OF IOWA Counties of Linn and Johnson ss. NOTICE-OF PUBLIC NEARING ON DESIGNATION OR E",ANDER _FAIRFAX URBAN RENEWAL'';.AREA 'RENEWAL.PLp1�lOANYDEYUQpN1ENT I, Joe Hladky, do state that I am the publisher of Native is Hereby`G1ven TMaf at jjoo;unlock THE GAZETTE, a daily newspaper of general P.m.,at.ihe Fairfax C€fy•Hafl iFarrfax,�rawa,' i On the-11th day'of JuIY2Q05 there will be conducted a Public hearin®`dh the question of dasdpnating an expancirculation in Linn and Johnson Counties, in Iowa. tled Fafrfex'lfihars$e-' 1. l0 wal Area pursuant to CfiaPfer 4Q3,.Cbde of The notice, a printed copy of Which 3S attached, was genas by escrib'and �ncGlci(n9 fhe property -Cera,ly described as slows inserted and published in THE GAZETTE Carf:ait reed as folio tie 'of.Fairfiaz, Vlowa,situated as as folio inserted ,._ ' situated.x media elV Hort ofaCemeferY newspaper 131 the issue(s) of June $, 2006. Road,south of Will lafrts:8oulevard,east-of Falrirfaz'.Heights Subd!vfsibn; and west of Prairie ly kr Estates Subdryiew mora The reasonable fee fttr,publishing said notice is commonly lcnorvn:as PraUie;view Heights.. suubdivison and 2):fraicle View tstates'SvbdMsian Parf $32.59 fifie'and.:Part,Twoand certain:Property ly Ing Immediately to Its west and bounded on Prop- the nor-th by Williams Boulevard(this Prop- e 'v 1's being added..to dariFy the legal de- scriptlon of proAerty added to the Urban {tenewaln Pro ih)?)n a d 3t Certain praperiY 1n the southern pbrffoh _ of the CRY of FatHax,andld4lns property generallyfytng'arongapd:':riorih:ofSouthview. M Road,east Hishway 151;soufhof°Church and Linn Streets and west'of Fairfax=Rbad; and dl A Portion ofthe Fight o1-way of Railroad, Street'arid,Fa€rfax_Road;and.,,,,_s,,_..,_; Sl Prd'perty known.es Bailey's First Adds- iron Iyilta south of soulhvrew Road no'rfh.Pt_fhghwaand This instrument Was acknowledged by Joe Hladky y,151 and `� S3-Certain tsars 'arm ground.tyTnp ln,,the'. before me On Jung 28,, 2006, southernn Portion'0 the City arrd slluafed: immediately east'!of Fairfax.load,and l_ted mediately north.of the CRAM1ft11C Railroad . fTMe property to be Inzfuded.I$(pore panic- Renpuiarl 'described aifd showp°Ih fhe'Urban Renewal'Pl l Amendment on file In the of- lice of the GTfy Ilei ki - The subject matter of fhe public hearing will also Include a Proposed amendmen4 fo}he Ur- Notary Public in and for the Mate Iowa 'ban ranewal plart'tot:.the':'Fafrfax.Urban Re- newal Area covering the area identified above, Puesuranl-tirChaPter^403 Code'ufeiowa;a cony Of'which";amendment ,Isnrt-filefnr;pyb€icln- speclion in the office of.tMe'CHv Clerk;. }_ The proposed amend men(>tb,lhe:orban re- nea al ply brings':the property described alzo�a uh1#et the Plan,=and makes it subject to the pravisldns of iha'plan m-, Ill.also facrlhitalelhe acqulsitt:atYofae<all rl proper tY in the urban reneyvel aFea ":,ea .: At satd;hearin4 ariy Inters;ted person may file xyrditen oblectfdns,or comrrients and may be 'fueard`ofalty with respect to the sybiect Maltese of.the hearing E., SM K. KEYS Connma Frame ,.e,cit ,Clerk Gf}MWSSONNUIVI 7flpt35T PuitulusMed fn the Gazette on June 28.20Q6 �a Y COMMISSION EXPIRES Fairfax/419915-9/UR Set Hrg Date Amend Amen, STATE OF IOWA COUNTY OF LINK SS: CITY OF FAIRFAX 1, the undersigned, City Clerk of the aforementioned City, do hereby certify that as such I have in my possession or have access to the complete corporate records of the City and of its officers; and that I have carefully compared the transcript hereto attached with the aforesaid records and that the attached is a true, correct and complete copy of the corporate records relating to the action taken by the Council preliminary to and in connection with setting a date for public hearing on the question of designating the expanded Fairfax Urban Renewal Area for the City and on an urban renewal plan amendment. SS my hand and the seal of the aforementioned City hereto affixed this 0 day of , 2006. City Clerk (Seal) -10- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA AGREEMENT TO INCLUDE AGRICULTURAL LAND IN THE FAIRFAX URBAN RENEWAL AREA (2006 ADDITION) WHEREAS,the City Council of the City of Fairfax(the"City")has proposed an amendment to the Urban Renewal Plan for the Fairfax Urban Renewal Area(the"Urban Renewal Area"),pursuant to Chapter 403 of the Code of Iowa in order to undertake activities authorized by that Chapter,including but not limited to the use of tax increment financing as provided in Section 403.19 of the Code of Iowa; and WHEREAS,it has been proposed that the Urban Renewal Area be amended to include certain property which is described on Exhibit A(the"Property"); and WHEREAS, a portion ofthe Property is owned by Interstate Power&Light Company (the"Undersigned"); and WHEREAS, Section 403.17 of the Code of Iowa provides that no property may be included in an urban renewal area which meets the definition in that Section of"agricultural hand,"unless the owners of such property agree to include such property in such urban renewal area; and WHEREAS, it has been determined that the Property owned by the Undersigned meets the definition of"agricultural land" in Section 403.17(3) of the Code of Iowa; NOW, THEREFORE,it is hereby certified and agreed by the Undersigned as follows, 1. The Undersigned hereby certifies that it is the owner of a portion of the Property described on Exhibit A hereto. 2. The Undersigned hereby agrees that the City Council of the City of Fairfax may include all portions of the Property owned by the Undersigned in the Urban Renewal Area. HA'Z'ED this 2M day of_ ,�� , 2006. INTERSTATE POWER&LIGHT COMPANY By. Title: e=4&& EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY A) All that part of the Northwest Quarter of the Northeast Quarter and the Southwest Quarter of said Northeast Quarter of Section 10, Township 82 North,Range 8 West of the 5th principal meridian except Auditor's Parcel No. 1269, as recorded in book 6058, Page 311 in the office of the Linn County Recorder. More commonly known as Prairie View Heights Subdivision;and Said parcel contains approximately 77 acres,subject to easements and restrictions of record, .and B) All of the property contained within the following legal description: Beginning at the point of intersection of the West right of way line of Highway 151 also known as Williams Boulevard, and the South line of Church Street extended,thence East along the South line of Church Street to the East line of Park Street, thence South along the East line of Park Street to the North line of'Linn Street,thence East along the North line of Linn Street to the West line of Fairfax Road, thence north along the West line of Fairfax Road to the South line of Railroad Street, thence west along the south line of Railroad Street to the East line of Siepman Drive, thence North along the East line of Siepman Drive extended to the North line of Railroad Street, thence East along the North line of Railroad Street to the West line of Fairfax Road, thence north along the West line of Fairfax Road extended to the North line of the Union Pacific Railroad right of way, thence East along the North line of the 'Union Pacific Railroad right of way to the East line of Fairfax Road extended, thence South along the East line of Fairfax Road to a point 1310.33 feet North of the West % corner of Section 15, T82N, R8W of the 5'fl, P.M., City of Fairfax, Linn County,Iowa; thence East along a line parallel to the North line of the SW '/a,NW'/,and the SE ', ,,NW%a distance of 2203.83 feet, thence South along a line that deflects 88°12'23" to the right from the previous line, to the North line of Cedar Rapids and Iowa. City Railroad right of way, thence West along the North line of the Cedar Rapids and Iowa City Railroad right of way to the east line of Fairfax Road,thence South along the East line of Fairfax Road to the centerline extended of Southview Road, thence West along the centerline of Southview Road to the northwest line of Highway 151,thence Northeasterly and North along the West line of Highway 151 to the point of beginning,and All of Bailey's First Addition to the City of Fairfax, Linn. County, Iowa. Said parcel contains approximately 163 acres. 4'842-6248-089712 611312006 11:41 AM AGREEMENT TO INCLUDE AGRICULTURAL LAND IN THE FAIRFAX URBAN RENEWAL AREA(2006 ADDITION) WHEREAS,the City Council of the Ci of Fairfax the"City") has proposed an Y ( ty ) p p amendment to the Urban Renewal Plan for the Fairfax Urban Renewal Area (the"Urban Renewal Area"),pursuant to Chapter 403 of the Code of Iowa in order to undertake activities authorized by that Chapter, including but not limited to the use of tax increment financing as provided in Section 403.19 of the Code of Iowa;and WHEREAS, it has been proposed that the Urban Renewal Area be amended to include certain property which is described on Exhibit A(the"Property'"); and WHEREAS, a portion of the Property is owned by Sevg Development, LC (the "Undersigned"); and WHEREAS, Section 40(3.17 of the Code of Iowa provides that no property may be included in an urban renewal area which meets the definition in that Section of"agricultural land,"unless the owners of such property agree to include such property in such urban renewal area; and WHEREAS, it has been determined that the Property owned by the Undersigned meets the definition of"agricultural land"in Section 403.17(3)of the Code of Iowa; NOW, THEREFORE, it is hereby certified and agreed by the Undersigned as follows: I. The Undersigned hereby certifies that it is the owner of a portion of the Property described on Exhibit A hereto. 2. The Undersigned hereby agrees that the City Council of the City of Fairfax may include all portions of the Property owned by the Undersigned in the Urban Renewal Area. DATED this /qday of 2006. SEVIG DEVELOPMENT, LC By: Title: EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY A) All that part of the Northwest Quarter of the Northeast Quarter and the Southwest Quarter of said Northeast Quarter of Section 10, Township 82 North, Range 8 West of the 5th principal meridian except Auditor's Parcel No. 1269, as recorded in book 6058, Page 311 in the office of the Linn County Recorder. More commonly known as Prairie View Heights Subdivision;and Said parcel contains approximately 77 acres, subject to easements and restrictions of record;and B) All of the property contained within the following legal description: Beginning at the point.of intersection of the West right of way line of Highway 151 also known as Williams Boulevard,and the South line of Church Street extended,thence East along the South line of Church Street to the East line of Park Street, thence South along the East line of Park Street to the North line of Linn Street,thence East along the North line of Linn Street to the West line of Fairfax Road, thence north along the West line of Fairfax Road to the South line of Railroad Street, thence west along the south line of Railroad Street to the East line of Siepman Drive, thence North along,the East line of Siepman Drive extended to the North line of Railroad Street, thence East along the North line of Railroad Street to the West line of Fairfax Road, thence north along the West line of Fairfax Road extended to the North Iine of the Union Pacific Railroad right of way, thence East along the North line of the Union Pacific Railroad right of way to the East line of Fairfax Road extended, thence South along the East line of Fairfax Road to a point 1310.33 feet North of the West 1/4 corner of Section 15, T82N, R8W of the 5"b P.M., City of Fairfax,Linn County,Iowa; thence East along a line parallel to the North line of the SW 1/4,NW '14,and the SE 14,NW%4 a distance of 2203.83 feet;,thence South along a line that deflects 88°12'23" to the right from the previous line, to the North line of Cedar Rapids and Iowa City Railroad right of way, thence West along the North line of the Cedar Rapids and Iowa City Railroad right of way to the east line of Fairfax Road,thence South along the East line of Fairfax Road to the centerline extended of Southview Road, thence West along the centerline of Southview Road to the northwest line of Highway 15 1, thence Northeasterly and North along the West line of Highway IS I to the point of beginning, and All of Bailey's First Addition to the City of Fairfax, Linn County, Iowa. Said parcel contains approximately 163 acres.. 4647-6579-737712 6113/2006II:24AM AGREEMENT TO INCLUDE AGRICULTURAL LAND IN THE FAIRFAX URBAN RENEWAL AREA(2006 ADDITION) WHEREAS, the City Council of the City of Fairfax (the "City")has proposed an amendment to the Urban Renewal Plan for the Fairfax Urban Renewal Area(the "Urban Renewal Area"), pursuant to Chapter 403 of the Code of Iowa in order to undertake activities authorized by that Chapter, including but not limited to the use of tax increment financing as provided in Section 403.19 of'the Code of Iowa; and WHEREAS, it has been proposed that the Urban Renewal Area be amended to include certain property which is described on Exhibit A (the"Property"); and WHEREAS, a.portion of the Property is_owned by Murphy Estate, LLC.(the "Undersigned"); and WHEREAS, Section 403.17 of the Code of Iowa provides that no property may be included in an urban renewal area which meets the definition in that Section of"agricultural land,"unless the owners of such property agree to include such property in such urban renewal area; and WHEREAS, it has been determined that the Property owned by the Undersigned meets the definition of"agricultural land"in Section 403.17(3) of the Code of Iowa; NOW, THEREFORE,it is hereby certified and agreed by the Undersigned as follows: 1. The Undersigned hereby certifies that it is the owner of a portion of the Property described on Exhibit A hereto. 2. The Undersigned hereby agrees that the City Council of the City of Fairfax may include all portions of the Property owned by the Undersigned in the Urban Renewal Area. DATED this /&"'day of 7 g , 2006. MURPHY ESTATE, LLC By: Title: r' By: Title: By: ---- - Title: .y- EMIJBIT A LEGAL DESCRIPTION OF THE PROPERTY A) All that part of the Northwest Quarter of the Northeast Quarter and the Southwest Quarter of said Northeast Quarter of Section 10, Township 82 North, Range 8 West of the 5th principal meridian except Auditor's Parcel No. 1269, as recorded in book 6058, Page 311 in the office of the Linn County Recorder. More commonly known as Prairie View Heights Subdivision;and Said parcel contains approximately 77 acres,subject to easements and restrictions of record; and B) All of the property contained within the following legal description: Beginning at the point of intersection of the West right of way line of Highway 151 also known as Williams Boulevard,and the South line of Church Street extended,thence East along the'South line of Church Street to the East Iine of Park Street, thence South along the East line of Park Street to the North line of Linn Street,thence East along the North line of Linn Street to the West Iine of Fairfax Road, thence north along the West line of Fairfax Road to the South line of Railroad Street, thence west along the south line of Railroad Street to the East line of Siepman Drive, thence North along the East line of Siepman Drive extended to the North line of Railroad Street, thence East along the North line of Railroad Street to the West line of Fairfax Road, thence north along the West line of Fairfax Road extended to the North line of the Union Pacific Railroad right of way, thence East along the North line of the Union Pacific Railroad right of way to the East line of Fairfax Road extended,thence South along the East line of Fairfax Road to a point 1310.33 feet North of the West '/4 corner of Section 15, T82N, R8W of the 5r° P.M., City of Fairfax,Linn County,Iowa,thence East along a line parallel to the North line of the SW '/4,NW '/4,and the SE r:/,NW !4 a distance of 2203.83 feet, thence South along a line that deflects 88°12'23" to the right from the previous line, to the North line of Cedar_ Rapids and Iowa City Railroad right of way, thence West along the North line of the Cedar Rapids and Iowa City Railroad right of way to the east line of Fairfax Road,thence South along the East line of Fairfax Road to the centerline extended of Southview Road, thence West along the centerline of Southview Road to the northwest line of Highway 151, thence Northeasterly and North along the West line of Highway 151 to the point of beginning,and All of Bailey's First Addition to the City of Fairfax, Linn County, lowa. Said parcel contains approximately 163 acres. 4845-5124-800112 6/13/2006 11:25 AM AGREEMENT TO INCLUDE AGRICULTURAL LAND IN THE FAIRFAX URBAN RENEWAL AREA(2406 ADDITION) WHEREAS, the City Council of the City of Fairfax (the `City") has proposed an amendment to the Urban Renewal Plan for the Fairfax Urban Renewal Area (the "Urban Renewal Area"),pursuant to Chapter 403 of the Code of Iowa in order to undertake activities authorized by that Chapter, including but not limited to the use of tax increment financing as provided in Section 403.19 of the Code of Iowa; and WHEREAS, it has been proposed that the Urban Renewal Area be amended to include certain property which is described on Exhibit A (the "Property"); and WHEREAS, a portion of the Property is owned by Dan Bushman(the "Undersigned'''); and WHEREAS, Section 4013.17 of the Code of Iowa provides that no property may be included in an urban renewal area which meets the definition in that Section of"agricultural land," unless the owners of such property agree to include such property in such urban renewal area; and WHEREAS, it has been determined that the Property owned by the Undersigned meets the definition of"agricultural land" in Section 403.17(3) of the Code of Iowa; NOW, THEREFORE, it is hereby certified and agreed by the Undersigned as follows; 1. The Undersigned hereby certifies that he/she is the owner of a portion of the Property described on Exhibit A hereto. 2. The Undersigned hereby agrees that the City Council of the City of Fairfax may include all portions of the Property owned by the Undersigned in the Urban Renewal Area. DTED this da f , 2006. AN BU N EXHIBIT A LEGAL(DESCRIPTION OF THE PROPERTY A) All that part of the Northwest Quarter of the Northeast Quarter and the Southwest Quarter of said Northeast Quarter of Section 10, Township 82 North, Range 8 West of the 5th principal meridian except Auditor's Parcel No. 1269, as recorded in book 6058, Page 311 in the office of the Linn County Recorder. More commonly known as Prairie View Heights Subdivision,and Said parcel contains approximately 77 acres, subject to easements and restrictions of record;, and B) All of the property contained within the following legal description: Beginning at the point of intersection of the West right of way line of Highway 151 also known as Williams Boulevard,and the South line of Church Street extended,thence East along the South line of Church Street to the East line of Park Street, thence South along the East line of Park Street to the North line of Linn Street, thence East along the North line of Linn Street to the West line of Fairfax Road, thence north along the West line of Fairfax Road to the South line of Railroad Street, thence west along the south line of Railroad Street to the East line of Siepman Drive,'thence North along the East line of Siepman Drive extended to the North line of Railroad Street, thence East along the North line of Railroad Street to the West line of Fairfax Road, thence north along the West line of Fairfax Road extended to the North line of the Union Pacific Railroad right of way, thence East along the North line of the Union Pacific Railroad right of way to the East line of Fairfax Road extended, thence South along the East line of Fairfax Road to a point 1310.33 feet North of the West 1/4 comer of Section 15, T82N, R8W of the Sth P.M., City of Fairfax, Linn County, Iowa; thence East along a line parallel to the North line of the SW 1/4,NW 1/4, and the SE 1/a,NW 1/4 a distance of 2203.83 feet, thence South along a line that deflects 88°12'23" to the right from the previous line, to the North line of Cedar Rapids and Iowa City Railroad right of way, thence West along the North line of the Cedar Rapids and Iowa City Railroad right of way to the east line of Fairfax Road, thence South along the East line of Fairfax Road to the centerline extended of Southview Road, thence West along the centerline of Southview Road to the northwest line of Highway 151, thence Northeasterly and North along the West line of Highway 151 to the point of beginning, and All of Bailey's First Addition to the City of Fairfax, Linn County, Iowa. Said parcel contains approximately 163 acres.. 4836-5850-112112 6/13/2006 11:26 AM i� o �'a ep ax � �7pp 1 0//ice o/the a'A PO/&x 337 319-84'6-2204 .}-!,,1—,J-452228-0337 �air�axQaeouEhat�adca.aaeE DATE: June 15, 2006 TO: Board of'Supervisors, Linn County Superintendent, College Community School District President.,Kirkwood Community College FROM: City Council City of Fairfax, Iowa RE: Fairfax Urban Renewal Area Amendment The City of Fairfax is in the process of expanding an urban renewal area, and, pursuant to Section 403.5 of the Code of Iowa, the City is sending you the enclosed copy of its urban renewal plan amendment and scheduling a meeting at which you will have the opportunity to discuss this amendment. The meeting to discuss our urban renewal plan amendment has been set for Wednesday, June 21, 2006, at 4:00 o'clock p.m. at the Fairfax City Hall, 525 Vanderbilt St., in Fairfax. If you are unable to send a representative to the meeting; we invite your written comments. In addition, Section 403.5 gives your designated representative the right to make written recommendations concerning the urban renewal plan amendment no later than seven days following the date of the meeting. The City will also hold a public hearing on this urban renewal plan amendment at 7:00 o'clock p.m. on July 11, 2006, and a copy of the notice of hearing is enclosed for your information. Please call our City Clerk at (319) 846-2204, if you have questions. Enclosures FAIRFAX URBAN RENEWAL AREA AMENDMENT CONSULTATION SESSIOiN JUNE 21, 2006 AT 4:00 P On June 15, 2006, letters were sent to the Linn County Board of Supervisors, the Superintendent of College Community School District and the President of Kirkwood Community College. The purpose of the letter was to inform them of a consultation session that was going to be held on June 21, 2006, at 4:00 PM at Fairfax City Hall, Fairfax, Iowa, in which they would have the opportunity to discuss the proposed amendment to the Fairfax Urban Renewal Area Amendment. Those in attendance were Bill Voss, Mayor, City of Fairfax, Dick Ranson, Hall & Hall Engineers, Inc. and Nancy Flickinger, Finance Administrator. As of June 30, 2006, there have been no written recommendations or objections filed with the City Clerk concerning the amendment from the aforementioned entities. Nancy Flickinger Finance City of Fairfax