HomeMy WebLinkAboutRESOLUTION NO. 2011-32
RESOLUTION NO. 2011-32
RESOLUTION VACATING AN UTILITY AND DRAINAGE EASEMENT
WHEREAS, the City Council of Fairfax, Iowa does possess a 35 foot Utility and Drainage
Easement along the easterly property line of Prairie Creek Estates First Addition (Book 6204 and Page
474-483) and Prairie Creek Estates Third Addition (Book 6566 and Page 435-446); and
WHEREAS, the City of Fairfax does not require the full 35 foot Utility and Drainage Easement
width along the southerly portion of this existing easement for the purpose of conveying storm water
drainage; and
WHEREAS, the City of Fairfax has received written notification from the utility companies that
are currently servicing the City of Fairfax that they do not have any utilities located in the westerly 5
feet of this existing 35 foot Utility and Drainage Easement; and
WHEREAS, a public hearing was held during the city council meeting on May 10, 2011 at 7:00
PM at the Fairfax City Hall, at 525 Vanderbilt Street, Fairfax, Iowa concerning vacating this Utility and
Drainage Easement.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fairfax, Iowa,
has determined that the west 5 feet of the existing 35 foot utility and drainage easement located along
the east side of Lot 9 -12, and Lot B of Prairie Creek Estates First Addition to the City of Fairfax, Linn
County, Iowa as recorded in Book 6204 and Page 474-483 in the office of the Linn County Recorder;
and the west 5 feet of the existing 35 foot utility and drainage easement located along the east side of
Lot 30 of Prairie Creek Estates Third Addition to the City of Fairfax, Linn County, Iowa, as recorded in
Book 6566 and Page 435-446 in the office of the Linn County Recorder, no longer serve the public
interest and said public interest and use held by the City of Fairfax in and to the property herein
described is hereby vacated.
BE IT FURTHER RESOLVED, by the City Council of the City of Fairfax, Iowa, that the
Mayor and City Clerk/Treasurer are hereby authorized and directed to execute said resolution.
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Passed and approved this 10 day of May, 2011.
AYES: Beer, Frieden, Otto, Magers, and Wainwright
NAYS: None
ABSENT: None
__________________________
Jason Rabe, Mayor
ATTEST:
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Cynthia Stimson, City Clerk/Treasurer