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Home My WebLink AboutRESOLUTION NO. 2006-41 - ESTABLISH URBAN RENEWAL AREA Fairfaxl419915-9/UR Ilrg Add to Area&07-d-I coo RESOLUTION NO.c A resolution to declare necessity and establish an urban renewal area, pursuant to Section 403.4 of the Code of Iowa and approve urban renewal plan amendment for the 2006 Addition to the Fairfax Urban Renewal Area WHEREAS, as a preliminary step to exercising the authority conferred upon Iowa cities by Chapter 403 of the Code of Iowa (the "Urban Renewal Laws'), a municipality must adopt a resolution finding that one or more slums, blighted or economic development areas exist in the municipality and that the rehabilitation, conservation, redevelopment, development or a combination thereof, of such area or areas is necessary in the interest of the public health, safety or welfare of the residents of the municipality; and WHEREAS, the City Council of the City of Fairfax (the "City") has 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 within the legal description set out in Exhibit A hereto; and WHEREAS, the proposal demonstrates that sufficient need exists to warrant finding the area shown in Exhibit A an economic development area; and WHEREAS, notice of a public hearing by the City Council of the City on the question of establishing the area shown in Exhibit A hereto as an urban renewal area and on a proposed urban renewal plan amendment for the 2006 Addition to the Fairfax Urban Renewal Area was heretofore given in strict compliance with the provisions of Chapter 403 of the Code, of Iowa, and the Council has conducted said hearing; and WHEREAS, the Planning and Zoning Commission of the City has reviewed and commented on the proposed urban renewal plan amendment; and WHEREAS, the owners of all "agricultural land", as defined in Section 403.17 of the Code of Iowa, have executed and delivered agreements consenting to the inclusion of their property in the Urban Renewal Area; and WHEREAS, copies of the urban renewal plan amendment, notice of public hearing and notice of a consultation meeting with respect to the urban renewal plan amendment were mailed to Linn County, College Community School District and Kirkwood Community College; the consultation meeting was held on theJ1 day of ,2006; and responses to .any comments or recommendations received follotio the consultation meeting were made as required by law; -3- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fakfaxd419915-WUR Hrg Add to Area&Ord-1 cons NOW, THEREFORE, It Is Resolved by the City Council of the City of Fairfax, Iowa, as follows: Section 1. An economic development area as defined in Chapter 403 of the Code of Iowa, is found to exist in the City of Fairfax within the boundaries set out in Exhibit A hereto.. Section 2. The area identified in Section 1 hereof is hereby declared to be an -urban renewal area, in conformance with the requirements of Chapter 403 of the Code of Iowa, and is hereby designated the 2006,Addition to the Fairfax Urban Renewal Area. Section 3. The development of this area is necessary in the interest of the public health, safety or welfare of the residents of the City. Section 4. The amendment to the urban renewal plan for the Fairfax Urban Renewal Area incorporating this area, attached hereto and made a part hereof, is hereby in all respects approved. Section 5. All resolutions or parts thereof in conflict herewith are hereby repealed, to the extent of such conflict. Passed and approved Tiny 11, 2006, Mayor Attest: City Clerk (Attach copy of the urban renewal plan amendment to this resolution.) -4- DORSEY&WI1ITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-9/UR Hrg Add to Area&Ord-I colts EXHIBIT A—Legal Description Expanded Fairfax Urban Renewals 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 5th 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. 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 60.58, Page 311 in the office of the Linn County Recorder. More commonly known as Prairie View Heights Subdivision. 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 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 corner of Section 15, T82N, R8W of the 50, P.M., City of Fairfax, Linn County, Iowa; thence East along a line parallel to the North line of the SW 1/a,NW 1/a, and the SE 1/4,NW 1/a 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 -5- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA F'agrfaxl419915-9/1JR Hrg Add to Area&Ord-I cons 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. -6- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOMS,IOWA Fairfax/419915-9/UR Hrg Add to Area&0rd-1 cans Upon motion and vote, the meeting adjourned. IF Mayor _ .Attest: City Clerk -7- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-9/UR Hrg Add to Area&Drd-1 imns STATE OF IOWA COUNTY OF LINN SS: CITY OF FAIRFAX I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the City aforementioned, and 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 City Council preliminary to and in connection with designating an urban renewal area and approving the urban renewal plan amendment for the 2006 Addition to the Fairfax Urban Renewal Area in the City. Wr17S MY HAND and the seal of the City hereto affixed this 1/uday of wQ 2006. i NNN City Clerk (Seal) (Please attach to this certificate a copy of the minutes or a resolution of the Planning and Zoning Connmission showing the action taken, by that Commission to approve the urban renewal plan amendment) DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA