Loading...
HomeMy WebLinkAboutRESOLUTION NO. 2006-59 , , g m 00 0z Z m ✓; /' m A a y. �O m s � t 000 r A z ✓ vi y mX 03- -m� n -Z z m Nmr ••�zi � � �n c '. \ In MAI , �6�,J l\ `\\U�����1\\N111111111111'!p'INC(•171����10i,/i lC7 Fj O (D M M m •iss H CCC O O m N ro J O 3«OZ D 0 0 I t 7 m GD N -I 3 ..I'^`K -,a-a z ryl7trlyflfll�II14A�T\o\Op� " v I m o c 3zWrm0mo a-Dzm I�1 ZW O (D rtN,p.A m G7OZ?rtp RWo CD ro o w z °'ro CLOS O N O p v N r. ro © o o P a°o K Oi�n.rov WOWQ,ZZ s 4 o�am a .acns.' �� 0 N N��rt Z I F-C h p. : Ui Cl m F O 0 5. Z N J 0 0 rt W()I- , a r���mmrr(-1�n�e'1 m tJ o p SX ro o p o C °. y o�a O z �lDJf4NIN*tOO2 ~ �w��c2i c2i Gzi � 'zz rt� N J.Z (D (D OQ > > '< •c 0 "` room (nXXvozmzz� I mA> 3, . �mmm o LOCO' �.-.�m(ap 0)noro rTm., (n mmczmm o(n m -{v1(nw (n to o -P-V] ro p aOD�';O D o 0 -� �m�oOm�Vs ulz�(n� m3-C-C V1 f/1N z OOC7 � 5;'*7 (y N�OdLo m m o �3�@ a moo>r m a a o000o zz aC), � _�� m a o z��mmy-ZiN no E sq zaga (('�} P o 'K ��'? o� m aa� o = zzm^ r� z2rrr (oi -z n kaa CD z Z(n mum �(�on .0 Ory p a ro ° .zz�o0 ��� �zzz ° - o.zo rtmm "� Fri o mu�(nz�z ppv �_,� AAm m ro n.5 o -+•-(p :0,_,. 1i °.'. -mi m m 2D ....f"(0��� N - monSO (rot 5011 m �°" ac zmm0 rt rt p.no (D 0t p S Tf ;0 N 11_ no 'qc0 0()mc Cl 'm(D C1 CD p N amm cpm U7Z M ON2 .,...0 rtK X rttn o 'v ,O O (m/1 Ci w ro 4 0 (D O -,�-+rt W(D O'9 Q D �` a•e° cn CM ❑O p o p I?S`1 (c/1M � 0 0r' 2 Z� � NZrt''9'X f�Tl N�N m2 rtrS a�0zr . •p �O Srt2 0 '�na O-1 -° ..'po O'Q(D 501.-C+-. Srm,p µa R Z 3 m9 N 00 z -ICOD K oZ Z, Orth na m o pr p D;D � m N fl m c� C7 *> � o�� {n �y O 0o O a D C1? Z Zm� �' m m (p �C7 m n� r 4 r E < OCA 0 =-i y N �O o o <,tn-a o w G� � t =mI RESOLUTION NO. _s, RESOLUTION FOR THE VACATION OF UTILTY EASEMENT WHEREAS, The City of Fairfax holds a sixteen(16) foot utility easement between Lots 103 and 104 of Fairfax Heights Second Addition,Linn County, Fairfax, Iowa; WHEREAS, The utility easement is legally described as follows: BEGINNING at the Northwest corner of Lot 103 of Fairfax Heights Second Addition, Fairfax, Iowa, in accordance with the Plat thereof Recorded in Boob 3995, at Page 610, of the Records of the Linn County Recorder's Office; Thence N62°43'19"E, along the Northerly line of said Lot 103, a distance of 8.04 feet; Thence S32°45'49"E., 294.77 feet, to a point on the Northerly line of an Existing Utility Easement; Thence S675 8'35"W, along said Northerly line, 16,29 feet; Thence N32°45'49" W, 293.27 feet, to a point on the Northerly line of Lot 104 of said Fairfax Heights Second Addition;Thence N62°42'33"E, along said Northerly line, 8.04 feet, to said POINT OF BEGINNING, containing 0.11 acre (4,704 square feet , and subject to easements and restrictions of record ("Utility Easement"'); WHEREAS, Robson Homes, Inc. has presented the City of Fairfax with a formal request to vacate the Utility Easement for the consideration of$100.00; WHEREAS, The utility companies have consented to vacating the Utility Easement; WHEREAS, The City Engineer has reviewed the request to vacate the Utility Easement and has recommended to the City that it vacate the Utility Easement; WHEREAS,The City of Fairfax shall hold a public hearing to hear comments regarding the City's resolution to vacate the Utility Easement; and NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF FAIRFAX,IOWA,to approve that the Mayor and Clerk are hereby authorized and directed to schedule a public hearing at 7:00 P.M. on September 12, 2006 at City Hall, 525 Vanderbilt Street, to hear comments and consider a resolution to vacate the Utility Easement for the consideration of$100.00. AYES: �� DAYS: ABSET: Passed and approved this day of ` " ..� - , 2006. Bill Voss, Mayor ATTEST: onnie Frame, City Clerk The foregoing Resolution No. �_�G having been approved this date by the Cityouncil,I h r by approve the same y affixing my signature as City Clerk on this day of , 2006. HALL & HALL ENGINEERS9 INC. Leaders in Lrau Developmew Since 1953 August 3, 2006 Honorable Mayor and City Council City of Fairfax, Iowa PC Box 337 Fairfax, IA 52228-0337 i Re: Request to Vacate IlJtility Easement between Lots 103 and 104 'Fairfax Heights Second Addition Honorable Mayor and City Council, We have reviewed the request submitted by Joe Robson to vacate the utility easement referred to above. Submitted with the request are utility signoffs from the various interested utilities approving the vacation. Approval of the vacation is recommended. We would also recommend a fee of$100.00 be paid by the requestor along with the direct expenses incurred by the City for processing the vacation. Respectfully Submitted', Richard C. Ransom, P.E. City Engineer CIVIL ENGINEERING LAND SURVEYING a [-AND DEVELOP iENT PLANkllNG - LANDSCAPE ARCHITECTURE 1860 Boyson Road a Hiawatha,]A 52233 a Ph:319_362.9548 N he j'19.362.7595 h vvvvvv.halk-.ig .orn LAW OFFICES NAZETTE,MARNER,WENDT,KNOLL&USHER,L.L.P. 104 FIRST STREET S.W.;SUITE 100 CEDAR RAPIDS,IOWA 524045798 RICHARD F. NAZ.ETTE TELEPHONE(319)364-0124 KEVIN P.SHEA DAVID L MARNER,SR FACS11AILE (319)364-1116 RANDALL A.NA'7.ETTE WRITERS EMAIL-Rnazette@nazmar.cmmn RONALD W.WENDT Tu1ONA KNOLL DAVID L MARKER,JR. CRYSTAL L USHER .ANGELA M.RAILSBACK RICH L.PAZDERNIK IR. July 11,2006 Ms.Nancy Flickenger, City Clerk City of Fairfax P.O. Box 130 Garrison, Iowa 52229 RE: Fairfax Heights Second Addition Vacation of Easements on Lots 102-105 Dear Fancy: As I indicated to you in our telephone conversation the other day, I represent Joe Robson of Robson Homes, Inc. and I would like you to consider this letter his formal request to vacate the existing Utility Easements located on Lots 102, 103, 104 and 105, Fairfax Heights Second Addition. The various utility companies have consented to the vacation and I have enclosed herewith the original of those Consents signed by the representatives of Mediacom, South Slope Cooperative 'Telephone Company,Linn County Rural Electric Cooperative and MidAmerican Energy. Dick Ransom your city Engineer is aware of the proposed vacation, inasmuch as it was a recommendation that he made as part of the plan review process for the project. I have spoken with Randy Scholer concerning the vacation of these easements and he is aware That I will be contacting you regarding this matter. I believe that the city needs to proceed forward with publishing Notice of a Proposed Resolution pursuant to Iowa Code Chapter 364.7 and I have advised Randy that my client assumes that he will be responsible for the publication expenses. If there are additional expenses, which the city :contends to levy I would appreciate if you would let me know those as soon as possible so I can pass that on to my client. I trust that you will be moving this matter forward as soon as possible. If you need any additional information,please feel free to contact me. Cordially and sincerely, NAZETI'E,IJrER,WENDT,KNOLL&USHER,L.L.P. Vr -- RADALL A.NAZE Enclosure CONVENT TO VACATION OF EASEMENT The undersigned, on behalf of Mediacom hereby consents to the vacation of the 16-foot utility easement currently existing between Lots 103 and 104, Fairfax Heights Second Addition to Fairfax,Iowa as set forth in the Final Plat thereof. MEDIACOM f By. oe Ernster CONSENT TO VACATION OF EASEMENT The undersigned, on behalf of South Slope Cooperative 'telephone Company hereby consents to the vacation of the 1.6-foot utility easement currently existing between Lots 103 and 104,Fairfax Heights Second Addition to Fairfax,Iowa as set forth in the Final Plat thereof. SOUTH SLOPE COOOPERATIVE TELEPHONE COMPANY By: AL 011 . M,a rk Ditch CONSENT TO VACATION OF EASEMENT The undersigned, on behalf of Linn County Rural Electric Cooperative hereby consents to the vacation of the 16-foot utility easement currently existing between Lots 103 and 104,Fairfax Heights Second Addition to Fairfax, Iowa as set forth in the Final Plat thereof. LINN COUNTY RURAL ELECTRIC COOPERATIVE By; _ to ohnston CONSENT TO VACATION OF EASEMENT The undersigned, on behalf of Mid American Energy hereby consents to the vacation of the 16-foot utility easement currently existing between Lots 103 and 104, Fairfax Heights Second Addition to Fairfax,Iowa as set forth in the Final Plat thereof. MID AMERICAN ENERGY c-le eel, Dan R Stevenson. MMS C0N8V1AANU9JN(% i IOWA CITY CEDAR RAPIDS OFFICE: 319/351-8282 OFFICE: 3191841-5188 Care�rufin93o`�fecer�r,��`.$'aruica LETTER. OF TRANSMITTAL Date: 7/25/06 Project#: 681$-072 TO Nancy Flickinger, City Clerk City of Fairfax From: Duane Musser PO Box 130 Garrison, IA 52229 RE: Easement Release Plat We are sending you the fol'lowring attached items: COPIES DATE PROJECT NO. DESCRIPTION 5 7125/06 681I1-072 A Part of lot 103 and 104 Fairfax Heights Second Addition "hese are transmitted as checked below: ❑ For approval ❑Approved as submitted ❑ For Approval & Signature ❑ For your use ❑Approved as noted ❑Submit copies for distribution ❑As requested ❑ Returned as.noted ❑ For Recording ❑ For review&comment ❑ Prints returned after loan to us ❑Other REMARKS: Duane Musser MMS Consultants, Inc. COPY TO: file IF ENCLOSURES ARE NOT NOTED,KINDLY NOTIFY US AT ONCE. 1917. SOUTH GIL13ERT STREET•IDWA CITY,IOWA WEBSITE: V1WW.Ml'R+ISQ0NSM ANTS,N&T EMAIL: VIMS MM9CONSULTANTS.NET