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Home My WebLink AboutRESOLUTION NO. 2007-08 RESOLUTION NO. A RESOLUTION AUTHORIZING THE TRANSFER OF LOCAL OPTION SALES TAX SAVINGS FUNDS TO THE GENERAL AND SEWER FUNDS BE IT ENACTED by the City Council of the City of Fairfax, Iowa: Section 1. Transfer from the 2004-2005 LOST Sewer Improvements Savings Account as follows: a. Transfer Order. $33,910.00 from the 2004-2005 LOST Sewer Improvement Savings Fund to the Sewer Fund. Purpose: Sanitary Sewer installation in Prairie View Heights, Phase Two Section 2. Transfer from the 2004-2005 LOST Any Lawful Purpose Savings Account as follows: a. Transfer Order: $56,246.58 from the 2004-2005 LOST Any Lawful Purpose Savings Fund to the General Fund. Purpose: Purchase Lot 2, Prairie View Heights Addition NOW, THEREFORE, BE IT RESOLVED, By the City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk are hereby authorized and directed to execute said Resolution. Passed and approved this day of NNAAW , 2007. AYES: ( 1 NAYS: 166. ABSENT: Bill Voss, Mayor ATTEST: Nancy Fl kinger, Acting City Clerk The foregoing Resolution No. i '�," @ having been approved this Are by the Fairfax City Council,I hereby approve the same by affixing my signature as Acting City Clerk on this ,# day of 2007. 11 Nancy Fli kinger,Acti g City Clerk. This Instrument Prepared by: Jon M.McCright,425 2nd St SE Ste 1010,Cedar Rapids IA 52401-1818(319)366-7795 Property tax statement to: City of Fairfax, 525 Vanderbilt Street,Fairfax, IA 52228 Return document to: City of Fairfax, 525 Vanderbilt Street, Fai!fax, IA 52228 WARRANTY DEED FOR THE CONSIDERATION OF One Dollar($1.00)and other valuable consideration, Sevig Development, L.C., a limited liability company, does hereby Convey to City of Fairfax, Iowa, a municipality,the following described real estate in Linn County, Iowa: Outlot B,Prairie View Estates—Part Two to Fairfax,Iowa, subject to all easements,covenants,and restrictions of record No consideration. Exempt from DOV and GWH pursuant to §428A.2(6) Grantors do hereby covenant with Grantees,and successors in interest,that Grantors hold the real estate by title in fee simple;that they have good and lawful authority to sell and convey the real estate;that the real estate is free and clear of all liens and encumbrances except as may be above-stated;and Grantors covenant to warrant and defend the real estate against the lawful claims of all persons except as may be above-stated. Each of the undersigned hereby relinquishes all rights of dower,homestead and distributive share in and to the real estate. Words and phrases herein,including acknowledgement hereof,shall be construed as in the singular or plural number,and as masculine or feminine gender,according/to the context. DATED: 0q SEVIG DEVELOPMENT,L.C. y: Gordon C. Sevig,President STATE OF IOWA,COUNTY OF LINN,ss: On this day of �J -� 2007,before me,the undersigned,a Notary Public, personally appeared Gordon C.Sevig,to me personally kno r,who being by me duly sworn,did say that that person is the President of said Sevig Development,L.C.that no seal has been procured by the said limited liability company and that said instrument was signed on behalf of the said Sevig Development,L.C.by authority of its Members and the said Gordon Sevig acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it and by him vohu l executed. kto JANE Lt M.SCHMIDT Commission Number 983709 NOTARY PUBLIC-STATE OF IOWA My Comrpission Expires FISHER, EHRHART & McCRIGHT ATTORNEYS AT LAW 425 SECOND STREET S.E. SUITE 1010 CEDAR RAPIDS,IA 52401 (3 19)366-7795 FAX(319)366-4551 AN ASSOCIATION OF SOLE PRACTITIONERS OTHER OFFICES: MAIN STREET FRED C.FISHER, 1877- 1954 COGGON,IOWA FRED C.FISHER,JR., 1909-2000 JOHN FI.EHRHART JEhrhart@1010cr1aw.com JON M.McCRIGHT JMccright@1010crlaw.com GUY P.BOOTH GBooth@1010crlaw.com E.DANIEL O'BRIEN DO'Brien@1010crlaw.com GARY J.SHEA GaryJShea@aol.com August 17, 2007 City of Fairfax 525 Vanderbilt Street Fairfax, IA 52228 Re: Prairie View Heights, Phase Two, Fairfax, Iowa Ladies and Gentlemen: Enclosed herewith please find Surveyor's Certificate to accompany the other platting documents that I mailed to you under separate cover. Sincerely, , J n . McCright J /rm enclosures i Prepared by:Douglas P.Frederick,Hart-Frederick Consultants P.C.,510 East State Street,Tiffin,Iowa 52340,(319)545-7215 Return to: Hart Frederick Consultants PC, PO Box 560,Tiffin,Iowa 52340 SURVEYOR'S CERTMCATE i PRAIRIE VIEW HEIGHTS,PHASE TWO IN THE CITY OF FAIRFAX, LINN COUNTY,IOWA,is a subdivision in a part of Section 10,Township 82 North,Range 8 West of the 5t'P.M.,Linn County,Iowa as more particularly described on Exhibit`A' attached hereto and made a part hereof. For a more definite location and description,reference is made to a Final Plat dated August 14, 2007,(date of signature),attached hereto and made a part hereof. Said PRAIRIE VIEW HEIGHTS,PHASE TWO is divided into Eighty-five(85) buildable lots numbered as Lots 77 through 161 and three(3)non-buildable outlots, f labeled as Outlots C,D and E. The number of the lot is designated on the Final Plat by j figures near the center of the lot. I Dimensions of the lots and distances from government lines and corners are shown in feet and decimals thereof on said Final Plat. The area of Lots 77 through 161 in square feet and acres,are shown on each lot on the final plat under the lot numbers. A reinforcing bar with a yellow plastic cap embossed with"PE PLS IOWA 10896"has been or will be set at each point indicated by a small circle with the letters IR on said plat. F i The street rights of way and all easements being platted within this subdivision are being dedicated to the public by the owner. i I hereby certify that this Final Plat,Report and Legal Description were prepared by me or under my direct personal supervision, and that I am a duly licensed Professional Land Surveyor under the laws of the State of Iowa. Executed in Tiffin,Iowa this *Wday of ,2007. i Douglas P. Frederick Iowa License Number 10896 License Renewal Date 12/31/07 f i i i Prepared by:Douglas P.Frederick,Hart-Frederick Consultants P.C.,510 East State Street,Tiffin,Iowa 52340,(319)545-7215 Return to: Hart Frederick Consultants PC, PO Box 560,Tiffin,Iowa 52340 SURVEYOR'S CERTIFICATE i PRAIRIE VIEW HEIGHTS,PHASE TWO IN THE CITY OF FAIRFAX, LINK COUNTY,IOWA, is a subdivision in a part of Section 10, Township 82 North, Range 8 West of the 5 'P.M.,Linn County,Iowa as more particularly described on Exhibit`A' attached hereto and made a part hereof. i For a more definite location and description,reference is made to a Final Plat dated August 14, 2007, (date of signature), attached hereto and made a part hereof. Said PRAIRIE VIEW HEIGHTS,PHASE TWO is divided into Eighty-five(85) buildable lots numbered as Lots 77 through 161 and three(3)non-buildable outlots, labeled as Outlots C,D and E. The number of the lot is designated on the Final Plat by j figures near the center of the lot. i Dimensions of the lots and distances from government lines and corners are shown in feet and decimals thereof on said Final Plat. j The area of Lots 77 through 161 in square feet and acres,are shown on each lot on the final plat under the lot numbers. A reinforcing bar with a yellow plastic cap embossed with"PE PLS IOWA 10896"has been or will be set at each point indicated by a small circle with the letters IR on said plat. t The street rights of way and all easements being platted within this subdivision are being ' dedicated to the public by the owner. I hereby certify that this Final Plat,Report and Legal Description were prepared by me or I under my direct personal supervision, and that I am a duly licensed Professional Land Surveyor under the laws of the State of Iowa. Executed in Tiffin,Iowa this /�Zwday of G57�,2007. i i i r r i h Douglas P. Frederick Iowa License Number 10896 License Renewal Date 12/31/07 i i Prepared by:Douglas P.Frederick,Hart-Frederick Consultants P.C.,510 East State Street,Tiffin,Iowa 52340,(319)545-7215 Return to: Hart Frederick Consultants PC, PO Box 560,Tiffin,Iowa 52340 i SURVEYOR'S CERTIFICATE i PRAIRIE VIEW HEIGHTS,PHASE TWO IN THE CITY OF FAIRFAX, LINN COUNTY,IOWA,is a subdivision in a part of Section 10, Township 82 North,Range 8 West of the 5t'P.M.,Linn County,Iowa as more particularly described on Exhibit`A' attached hereto and made a part hereof. i For a more definite location and description,reference is made to a Final Plat dated August 14,2007, (date of signature),attached hereto and made a part hereof. i Said PRAIRIE VIEW FIGHTS, PHASE TWO is divided into Eighty-five(85) buildable lots numbered as Lots 77 through 161 and three(3)non-buildable outlots, labeled as Outlots C,D and E. The number of the lot is designated on the Final Plat by j figures near the center of the lot. i Dimensions of the lots and distances from government lines and corners are shown in feet and decimals thereof on said Final Plat. The area of Lots 77 through 161 in square feet and acres, are shown on each lot on the final plat under the lot numbers. i A reinforcing bar with a yellow plastic cap embossed with"PE PLS IOWA 10896"has been or will be set at each point indicated by a small circle with the letters IR on said plat. i 4 The street rights of way and all easements being platted within this subdivision are being dedicated to the public by the owner. I hereby certify that this Final Plat,Report and Legal Description were prepared by me or i under my direct personal supervision, and that I am a duly licensed Professional Land Surveyor under the laws of the State of Iowa. Executed in Tiffin,Iowa this qday of lrsf',2007. i i r I j.. Douglas P. Frederick Iowa License Number 10896 License Renewal Date 12/31/07 t i i i i Prepared by:Douglas P.Frederick,Hart-Frederick Consultants P.C.,510 East State Street,Tiffin,Iowa 52340,(319)545-7215 Return to: Hart Frederick Consultants PC, PO Box 560,Tiffin,Iowa 52340 i SURVEYOR'S CERTIFICATE i PRAIRIE VIEW HEIGHTS,PHASE TWO IN THE CITY OF FAIRFAX, LINN COUNTY,IOWA,is a subdivision in a part of Section 10, Township 82 North,Range 8 West of the 5 P.M.,Linn County, Iowa as more particularly described on Exhibit`A' i attached hereto and made a part hereof. For a more definite location and description,reference is made to a Final Plat dated August 14,2007,(date of signature),attached hereto and made a part hereof. i Said PRAIRIE VIEW FIGHTS, PHASE TWO is divided into Eighty-five(85) ! buildable lots numbered as Lots 77 through 161 and three(3)non-buildable outlots, f labeled as Outlots C,D and E. The number of the lot is designated on the Final Plat by j figures near the center of the lot. f Dimensions of the lots and distances from government lines and corners are shown in feet i. and decimals thereof on said Final Plat. The area of Lots 77 through 161 in square feet and acres,are shown on each lot on the final plat under the lot numbers. A reinforcing bar with a yellow plastic cap embossed with"PE PLS IOWA 10896"has been or will be set at each point indicated by a small circle with the letters IR on said plat. The street rights of way and all easements being platted within this subdivision are being ' dedicated to the public by the owner. j I hereby certify that this Final Plat,Report and Legal Description were prepared by me or under my direct personal supervision, and that I am a duly licensed Professional Land Surveyor under the laws of the State of Iowa. Executed in Tiffin,Iowa this qday of 4451- ,2007. i i L. { Douglas P. Frederick Iowa License Number 10896 License Renewal Date 12/31/07 '• i { i I i Prepared by:Douglas P.Frederick,Hart-Frederick Consultants P.C.,510 East State Street,Tiffin,Iowa 52340,(319)545-7215 Return to: Hart Frederick Consultants PC, PO Box 560,Tiffin,Iowa 52340 SURVEYOR'S CERTIFICATE i PRAIRIE IE VIEW HEIGHTS,PHASE TWO IN THE CITY OF FAIRFAX,LINN COUNTY,IOWA,is a subdivision in a part of Section 10, Township 82 North,Range 8 West of the 5th P.M.,Linn County,Iowa as more particularly described on Exhibit`A' attached hereto and made a part hereof. i For a more definite location and description,reference is made to a Final Plat dated August 14,2007, (date of signature),attached hereto and made a part hereof. i Said PRAIRIE VIEW HEIGHTS, PHASE TWO is divided into Eighty-five(85) buildable lots numbered as Lots 77 through 161 and three(3)non-buildable outlots, labeled as Outlots C,D and E. The number of the lot is designated on the Final Plat by j figures near the center of the lot. Dimensions of the Iots and distances from government lines and corners are shown in feet and decimals thereof on said Final Plat. i The area of Lots 77 through 161 in square feet and acres,are shown on each lot on the final plat under the lot numbers. A reinforcing bar with a yellow plastic cap embossed with"PE PLS IOWA 10896"has been or will be set at each point indicated by a small circle with the letters IR on said plat. The street rights of way and all easements being platted within this subdivision are being dedicated to the public by the owner. i I hereby certify that this Final Plat,Report and Legal Description were prepared by me or under my direct personal supervision, and that I am a duly licensed Professional Land Surveyor under the laws of the State of Iowa. Executed in Tiffin,Iowa this /' day of ,2007. i i i r r ' i. i Douglas P. Frederick Iowa License Number 10896 License Renewal Date 12/31107 f i i Sevig Development LC P.O. Box 123 Walford, IA 52351 To: City of Fairfax P.O. Box 337 Fairfax IA 52228 Re: Outlot B, Prairie View Estates Attached you will find the deed giving the City Outlot B in Prairie View Estates. Please let me know if you have questions or need additional information. Sincerely, Gordon Sevig HALL & HALL ENGINEERS, INC. - Leaders in Lund Developnaent Since 1953 August 21, 2007 City of Fairfax Planning and Zoning Commission Fairfax City Hall P.O. Box 337 525 Vanderbilt Street Fairfax, IA 52228-0337 Re: Final Plat Prairie View Heights Phase Two City of Fairfax Planning and Zoning Commission, We have reviewed the final plat for Prairie View Heights, Phase Two, and found it to be in compliance with the preliminary plat and with the codes of the City of Fairfax. Approval is recommended. Respectfully Submitted, Richard C. Ransom, P.E. City Engineer CIV!(_ t=i` GINEERIN('� L1AI`,!D SUR\/CY1lvlG m I.FtiND DEVl.i._OPI` F Nl f- lll,,A`NING LAE)SCAI'I_A'r'�<vHi rFC:1 u R 1860 Boyson Roadm 9iaw�eha,(A aJ 's z Ph:.3',193162,95M r-x:3'l9.362.1195 � w,,A/w. a e n&(:ur�l 2 c�� PO Box 337 319-846-2204 Fairfax, IA 52228-0337 fairfax@southslope.net August 20, 2007 � Linn County Auditor Attn: Real Estate Division 930 1St Street SW Cedar Rapids, IA 52404 To Whom It May Concern: We have been advised, as per HF 2177,that we need to have a letter from the County Auditor recognizing Subdivision Plat names before they are finalized by the City Council and then forwarded on to the county for recording. We would appreciate confirmation that the following Subdivision name and the name of the surveyor have your approval: • Prairie View Heights, Phase One to the City of Fairfax, Linn County, Iowa, prepared by Hart-Frederick Consultants, P.C., Douglas P. Frederick, Surveyor ° Prairie View Heights, Phase Two to the City of Fairfax, Linn County, Iowa, prepared by Hart-Frederick Consultants, P.C., Douglas P. Frederick, Surveyor If you have any questions, please contact us at 319-846-2204 and we will be glad to assist you. Respectfully, Ron Dusil Building Official City of Fairfax RD/vak fUnn County Audkorr° &Commiss°Ioner of EAecdons Unn County, lowa Joel D.Miller,Auditor Administrative Office Building Mail to: Rebecca Shoop,First Deputy 930 First Street Southwest P.O.Box 1328 Cedar Rapids,Iowa 52404-2161 1 Cedar Rapids, Iowa 52406-1328 Sue Wold,Deputy Election Services Gordon Thompson,Deputy Accounting Services Jason Siebrecht,Manager G.I.S./Mapping Services John Adams,Manager Real Estate/Prop.Tax Services Garth Fagerbakke,Manager Perry Keating,Asst.Mgr. Steve Nunemaker,Asst.Mgr. Facilities Services County Auditor' s Certificate Approval of Subdivision Plat Name by Linn County Auditor Date: August 24, 2007 The Linn County Auditor's Office has reviewed the final plat name of: Prairie View Heights Phase Two to the City of Fairfax, Linn County, Iowa and has determined that it is a succinct and unique name for the subdivision contained herein, pursuant to Iowa Code 6354. 6 (2) and 6354 . 11 (6) . The subdivision name or title is approved. Signed: / oel D Miller Linn County Auditor vA,mv%m. nncoanty,orr(g hone 319.892.5300 9 fax 319.892.5359 '� FISHER, EHRHART & McCRIGHT ATTORNEYS AT LAW 425 SECOND STREET S.E. SUITE 1010 CEDAR RAPIDS,IA 52401 (319)366-7795 FAX(319)366-4551 AN ASSOCIATION OF SOLE PRACTITIONERS OTHER OFFICES: MAIN STREET FRED C.FISHER, 1877- 1954 COGGON,IOWA FRED C.FISHER,JR., 1909-2000 JOHN H.EHRHART JEhrhart@1010crlaw.com JON M.McCRIGHT JMcCright@1010crlaw.com GUY P.BOOTH GBooth@1010cr1aw.com E.DANIEL O'BRIEN DO'Brien@1010crlaw.com GARY J.SHEA GaryJShca@aol.com August 17, 2007 City of Fairfax 525 Vanderbilt Street Fairfax, IA 52228 Re: Prairie View Heights, Phase Two, Fairfax, Iowa Ladies and Gentlemen: Enclosed herewith please find the preliminary paperwork for "Prairie View Heights, Phase Two, Fairfax, Iowa" for your consideration at your Planning &Zoning meeting next week. Please contact either Gordon or myself with any questions you may have prior to approving said platting. I look forward to hearing from you. Sincerely, iMM . McCrightrm enclosures aw y6k_911 PO Box 337 319-846-2204 Fairfax, IA 52228-0337 fairfax@southslope.net August 20,2007 Linn County Auditor Attn: Real Estate Division 930 1"Street SW Cedar Rapids, IA 52404 To Whom It May Concern: We have been advised, as per HF 2177, that we need to have a letter from the County Auditor recognizing Subdivision Plat names before they are finalized by the City Council and then forwarded on to the county for recording. We would appreciate confirmation that the following Subdivision name and the name of the surveyor have your approval: ° Prairie View Heights, Phase One to the City of Fairfax, Linn County, Iowa,prepared by Hart-Frederick Consultants, P.C., Douglas P. Frederick, Surveyor ° Prairie View Heights, Phase Two to the City of Fairfax, Linn County, Iowa,prepared by Hart-Frederick Consultants,P.C., Douglas P. Frederick, Surveyor If you have any questions, please contact us at 319-846-2204 and we will be glad to assist you. Respectfully, Ron Dusil Building Official City of Fairfax RD/vak IRREVOCABLE STANDBY LETTER of CREDIT ISSUER:FAIRFAX STATE SAVINGS BANK 409 VANDERBILT STREET P.0. BOX 277 L / FAIRFAX, IA 52228 "—� Date of Issue:08.30-2007 Letter of Credit Number: 08302007 Amount: U.S. S 500,00D.00 ( FIVE HUNDRED THOUSAND AND ND110D U.S. DOLLARS) For Benefit Of: For Account Of: Beneficiary Name and Address Applicant Name and Address CITY OF FAIRFAX SEVIG CONSTRUCTION j 525 VANDERBILT ST, FAIRFAX,IA 52228 PD BOX 88 WALFORD, IA 52351-0088 i i LETTER OF CREDIT. Issuer establishes this Irrevocable Standby Letter of Credit (Letter of Credit) in favor of Beneficiary in the amount indicated above. Beneficiary may draw on this Letter of Credit with a Draft (or Drafts, if the maximum number of drawings is greater than one) together with the documents described below. Each Draft shall be signed on behalf of Beneficiary and be marked "Drawn under [Issuer name) Letter of Credit No. [Letter of Credit number] dated [Letter of Credit date]." Drafts must be presented at Issuer's address shown above on or before the Expiration Date. The presentation of any Draft shall reduce the Amount available under this Letter of Credit by the amount of the Draft. This Letter of Credit sets forth in full the terms of Issuer's obligation to Beneficiary. This obligation cannot be modified by any reference in this Letter of Credit, or any document to which this Letter of Credit may be related. This Letter of Credit expires on the Expiration Date. DRAWINGS. ❑ Partial drawings shall not be permitted under this Letter of Credit. N Partial drawings are permitted. The maximum number of drawings that may be made is 5 DOCUMENTS, Each Draft must be accompanied by the following, in original and two copies except as stated: ❑ The original Letter of Credit, together with any amendments. ❑ A sight draft drawn by Beneficiary on Issuer. ® A signed statement by Beneficiary including the following statement: WE HEREBY CERTIFY THAT IMPROVEMENTS HAVE NOT BEEN COMPLETED AS AGREED FOR PRAIRIE VIEW HEIGHTS ADDITION -PHASE 2. WE ❑ Other documents: FURTHER CERTIFY THAT PAYMENT IS DUE TO US IN THE AMOUNT OF THE ACCOMPANYING DRAFT Issuer shall be entitled to accept a draft and the documentation described above, as required by the terms of this Letter of Credit, from any person purporting to be an authorized officer or representative of Beneficiary without any obligation or duty on the part of Issuer to verify the identify or authority of the person presenting the draft and such documentation. SPECIAL INSTRUCTIONS: EXPIRATION DATE. This Letter of Credit expires at the close of business at Issuer's address at 12:00 AM (Time) on 08.30.2008 (Date). Issuer agrees to honor all Drafts presented in strict compliance with the provisions of this Letter of Credit on or before the Expiration Date. ❑ If Beneficiary has not drawn the full amount of this Letter of Credit prior to the Expiration Date, the Expiration Date shall be extended for a period of days from the Expiration Date, unless Issuer notifies Beneficiary in writing at least days prior to the Expiration Date that Issuer elects not to extend this Letter.of Credit. In any event, this Letter of Credit shall expire on without any notice from Issuer to Beneficiary. F � � 62001 Bankers Systems,Inc.,St.Cloud,MN Form LC-STANDBY 1/15/2002 (page 1 of 2)