HomeMy WebLinkAboutRESOLUTION NO. 2012-59 RESOLUTION NO. 2012-59
RESOLUTION ACCEPTING OUTLOTS C,D AND E OF PRAIRIE VIEW HEIGHTS,
PHASE TWO, FAIRFAX, IOWA FOR THE PURPOSE OF STORMWATER
MANAGEMENT
WHEREAS, Sevig Development, L.C. has developed Prairie View Heights, Phase Two;
and
WHEREAS, as part of this development process, Sevig Development, L. C. was
required to install stormwater management facilities; and
WHEREAS, three of these stormwater management facilities are detention ponds
located at Outlots C, D and E of Prairie View Heights, Phase Two; and
WHEREAS, Hart-Frederick Consultants, P.C. has certified that said detention ponds at
Outlots C and E are in substantial compliance with the approved plans and. specifications for
Prairie View Heights — Phase Two; and that said detention pond at Outlot D will detain the 100
year storm event with at least 1.0 feet of freeboard; and Hall and Hall Engineers, Inc. has
reviewed said detention ponds at Outlots C, D and E and the certifications by Hart-Frederick
Consultants, P.C. for these three ponds, and Hall and Hall Engineers concurs that said detention
ponds C, D and. E are ready to be used for the purposes of storm water management; and
WHEREAS, Sevig Development, L.C. has agreed to convey to the City of Fairfax, Iowa,
Outlots C, D and E, Prairie View Estates —Phase 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 all Warranty Deeds conveying
the real estate for Outlots C, D and E, Prairie View Estates — Phase Two to Fairfax, Iowa from
Sevig Development, L.C.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax,
Iowa, that the ponds at Outlots C, D and E of Prairie View Heights, Phase Two, constructed by
Sevig Development, L.C. for the purpose of storm water management, are hereby accepted.
NOW, THEREFORE, BE IT FURTHER RESOLVED, by the Fairfax City Council of
the City of Fairfax, Iowa that the Mayor is hereby authorized and directed to accept the Warranty
Deeds for Outlots C, D and E, Prairie View Heights—Phase Two for the purposes of storm water
management, subject to all easements, covenants, and restrictions of record for the consideration
of one dollar($1.00).
BE IT FURTHER RESOLVED, by the City Council of the City of Fairfax, Iowa, that
the Mayor and City Clerk are hereby authorized and directed to execute this Resolution and
record these Warranty Deeds in the office of the Linn County Recorder.
Passed and approved this 11"' day of September, 2012.
AYES: Beer, Frieden, Otto, Magers, and Wainwright
NAYS: None
Jaso}- abe, Mayor
ATTEST:
Cynth k
Stimson, City Clerk/Treasurer
Doc ID: 022901080001 Type: GEN
Recorded: 06/29/2017 at 02:52:58 PM
Fee Amt: $12.00 Page 1 of 1
Linn County Iowa
JOAN MCCALMANT RECORDER
MW H918 190&16�106
This Instrument Prepared by: Jon M. McCright, PO Box 2457, Cedar Rapids IA 52406-2457 (319) 365-9101
Property tax statement to: City of Fairfax, PO Box 337, Fairfax, IA 52228
Return document to: City of Fairfax, PO Box 337, Fairfax, 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 C, Outlot D, and Outlot E, Prairie View Heights, Phase Two, Fairfax, Iowa, subject to all
easements, covenants, and restrictions of record
Grantor represents and warrants that: 1) Grantor is a manager -managed limited liability company; 2) this
conveyance is in the ordinary course of Grantor's business or affairs; and 3) the undersigned has authority to act
on behalf of the Grantor.
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 lawfid
authority to sell and convey the real estate; that the real estate is tree 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 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: -b (,-, - 2,0 m ?D 17
SEVIG DEVELOPMENT, L.C.
By: ordon C. Sevig, President
STATE OF IOWA, COUNTY OF LINN, ss: I
On thisday of c_J �LYL� 2017, before me, the undersigned, a Notary Public,
personally appeared Gordon C. Sevig, 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 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 voluntarily executed" �Q1
Q� JANE IIL M. SCHMIDT*.a sly
c Commission Number 183709
c e M7 /�'3G/ 312on Ex e3 NO RY PUBLIC -STATE OF IOWA