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HomeMy WebLinkAboutRESOLUTION NO. 2010-51 RESOLUTION NO. 2010-51 A RESOLUTION ACCEPTING A WARRANTY DEED FOR OUTLOT B, PRAIRIE VIEW ESTATES - PART TWO TO FAIRFAX.) IOWA FROM SEVIG DEVELOPMENT, L.C. WHEREAS, Sevig Development, L.C. have agreed to convey to the City of Fairfax, Iowa, Outlot B, Prairie View Estates — Part Two to Fairfax, Iowa, subject to all easements, covenants, and restrictions of record for the consideration of one dollar($1.00); and WHEREAS, The City of Fairfax acknowledges receipt of a Warranty Deed conveying the real estate to the City of Fairfax from Sevig Development, L.C. NOW, THEREFORE, BE IT RESOLVED, by the Fairfax City Council of the City of Fairfax, Iowa that the Mayor is hereby authorized and directed to accept the Warranty Deed for Outlot B, Prairie View Estates — Part Two to Fairfax, Iowa, subject to all easements, covenants, and restrictions of record for the consideration of one dollar($1.00). BE IT FURTHER RESOLVED, by the Fairfax City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk/Treasurer are hereby authorized and directed to execute said Resolution. Passed and approved this 9t" day of November, 2010. AYES: Beer, Frieden, Otto, Magers, and Wainwright NAYS: None ABSENT: None nlz( Jason Rab Mayor ATTEST: Cynth' Stimson, City Clerk/Treasurer This Instrument Prepared by: Ton 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,Fairfax, IA 52228 WARRANTY DEED FOR THE CONSIDERATION OF One Dollar($100)and other valuable consideration, Sevig Development,L.C.,a limited Iiability 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 ofall 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 maybe 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 DATFD: SEVTG DEVELOPMENT,LX 4�By�Gordon C Sevig,President STATE OF IOWA,COUNTY OF I INN„ss: On this�� day of `C� o be'' 2010„before me,the undersigned,a Notary Public, personally appeared Gordon C.Sevie,to me personally known,who being by me duly sworn,did say that that person is the President of said Sevig Development,L C that no sea]has been procured by the said limited liability company and that said instrument was signed on behalf of the said Sevig Development,L G by authority of its Members and the said Gordon Sevie acknowledged the execution of'said instrument to be the voluntary act and deed of said limited liability company by it and by him voluntarily exe csJANEL eE 1. CFIMI®T ,tai'' _ Commission Humber 183709 My Commission Expires N��ARY PUBLIC-SIAIE OF IOWA REAL ESTATE TRANSFER-GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Sevig Development, L.C. Address PO Box 123, Walford, IA 52351 Number and Street or RR City Town or P D Slate Zip TRANSFEREE: Name City of Fairfax, Iowa Address 525 Vanderbilt Street,Fairfax,Iowa 52228 Number an ree or own or tate p Address of Property Transferred: Vacant lot um Bran ree or RK City,Town,or P.U. 61ale Zip Legal Description of Property: (Attach if necessary) Outlot B,Praitie View Estates--Pait Two to Fairfax, Iowa, subject to all easements,covenants, and restrictions of record 1. Wells (check one) N( There are no known wells situated on this property. a There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) (� There is no known solid waste disposal site on this property. ❑ There is a solid waste disposal site on this property and information related thereto is provided in Attachment#1, attached to this document. 3. Hazardous Wastes (check one) 19 There is no known hazardous waste on this property ❑ There is hazardous waste on this property and information related thereto is provided in Attachment#1, attached to this document. 4. Underground Storage Tanks (check one) >� There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions,) ❑ There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542-0960(Sept. 1, 2010) 5. Private Burial Site (check one) There are no known private burial sites on this property. ❑ There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) ❑ All buildings on this property are served by a public or semi-public sewage disposal system. This transaction does not involve the transfer of any building. ❑ There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources, A certified inspection report must be accompanied by this form when recording. ❑ There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection A copy of the binding acknowledgment is attached to this form. ❑ There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period.A copy of the binding acknowledgment is provided with this form. ❑ There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period.A copy of the binding acknowledgment is provided with this form. [Exemption#9] ❑ This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note:for exemption#9 use prior check box]: ❑ The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT., Signature: Telephone No.: 3t 19 )846-5500 (Transferor or Agent) FILE WITH RECORDER DNR form 542-0960(Sept. 1,2010)