HomeMy WebLinkAboutRESOLUTION NO. 2013-47 RESOLUTION NO. 2013-47
RESOLUTION APPROVING A PURCHASE AGREEMENT WITH THOMAS J. ARP
AND PATRICIA A. ARP FOR A SANITARY SEWER EASEMENT ON PART OF LOT 3
OF ABP'S MEADOWS FIRST ADDITION AND APPROVING THE SANITARY
SEWER EASEMENT AGREEMENT
WHEREAS, the City of Fairfax intends to construct and maintain a sanitary sewer trunk
line upon the northerly portion of Lot 3 of Arp's Meadows First Addition in the City of Fairfax,
Linn County, Iowa; and
WHEREAS, an easement purchase agreement and a sanitary sewer easement agreement
have been submitted by Thomas J. Arp and Patricia A. Arp; and
WHEREAS, Hall and Hall Engineers, Inc. has recommended acceptance by the City of
Fairfax of said purchase agreement and said sanitary sewer easement agreement.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax,
Iowa, that the easement purchase agreement and the sanitary sewer easement agreement by
Thomas J. Arp and Patricia A. Arp be and the same is hereby approved.
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.
Passed and approved this 23 d day of July, 2013.
AYES: Beer, Frieden, and Otto
NAYS: None
ABSENT: Magers and Wainwright
Jaso�
�ab'e, Mayor
ATTEST:
y thin Stimson City Clerk/Treasurer Q.
60' SANITARY SEWER EASEMENT
r+k
This instrument made this day of �,. �, 2013, by Thomas J.
Arp and Patricia A. Arp, owner(s) (hereinafter referred to as Gra(ntor) of the following described
property:
Lot 3 of Arp's Meadows First Addition in the City of Fairfax, Linn County, Iowa
And,
WHEREAS, the owner in fee simple of the real property known and described as set out above is the
Grantor, and
WHEREAS, sanitary sewer facilities have been constructed upon and under a portion of the above
real property owned by the Grantor, and
WHEREAS, the Grantor has agreed to give the City of Fairfax, Iowa, a perpetual and continual
easement for the purpose of constructing, reconstructing, and maintaining said sanitary sewer facilities
upon a portion of the real property of the Grantor, for consideration of $1.00 and other valuable
considerations duly paid and acknowledged.
THEREFORE, for the above consideration, the Grantor hereby grants unto the City of Fairfax, Iowa,
and its assigns a perpetual and continual easement for the purpose of constructing, reconstructing, and
maintaining said sanitary sewer facilities upon and under the following portions of the above described
property:
The '60' Sanitary Sewer Easement" Running Along the Northerly Boundary of Lot 3 of the Final Plat of
Arp's Meadows First Addition in the City of Fairfax, Linn County, Iowa, Attached Hereto and
Incorporated Herein by Reference.
The Grantor further agrees to erect no buildings, obstructions or other improvements upon or under
the property covered by this Easement which would interfere with construction, reconstruction, or
maintenance of said sanitary sewer facilities without first obtaining permission from the City of Fairfax,
Iowa.
That, the Property Owner agrees this Agreement shall be binding upon the Property Owner their
successors, and assigns and the sale by the Property Owner of all or any part of said property described
above shall transfer obligations of the Property Owner to the successor in interest.
*A
Thomas J. Arp
Patricia A. Arp
STATE OF IOWA, COUNTY OF POLK )
u C / �•
DATE
DATE
This instrument was acknowledged before me on this day of
2013 by Thomas J. Arp and Patricia A. Arp as Husband and Wife.
V,a�'W4-
. �' qa�zu`�' Not ry Public in and for Linn County, Iowa
CYNTHIA K STIMSON
xCommission Number 128033
My Commission Expires
AR rI113 2016
Purchase Agreement — 60' Wide Sanitary Sewer Easement
For and in Consideration of One ($1.00) in hand paid, receipt of which is hereby
acknowledged, Thomas J. Arp and Patricia A. Arp, husband and wife, Owners
(hereinafter referred to as GRANTOR) of the following described property:
Lot 3 of Arp's Meadows First Addition in the City of Fairfax,
Linn County, Iowa
Hereby agrees to grant to the City of Fairfax, Iowa (hereinafter referred to as
CITY), a permanent easement on a portion of the above described property for
the sole purpose of construction, maintenance and use of sanitary sewer
facilities, more particularly described as follows:
See attached Final Plat of Arp's Meadows First Addition in the City of Fairfax,
Linn County, Iowa
Upon the following conditions to -wit:
Access to the remainder of this property shall be provided to the
GRANTOR at all times.
2. The area disturbed by the project will be graded and shaped upon
completion of the project by the CITY.
3. The GRANTOR shall have five -years from the date of said settlement to
renegotiate construction or maintenance damages not apparent at the time
of the signing of this contract as required by Section 66.52 of the Code of
Iowa
4. The GRANTOR grants and warrants that there is no known burial site(s).
well(s), solid waste disposal site(s), hazardous substance(s), nor
underground storage tank(s) on the premises described and sought herein.
5. The City shall pay for surface restoration and crop damage for any
maintenance work performed within this sanitary sewer easement.
6. The CITY agrees to compensate the GRANTOR one time (in 2013) for
crop loss and one time (in 2014) for crop damage due to construction
activities for installing the sanitary sewer facilities within this easement.
7. As compensation for this Sanitary Sewer Easement, the CITY agrees to
pay the GRANTOR as follows:
60' Sanitary Sewer Easement on $13,868.28
Lot 3 of Arp's Meadows First Addition
Total Compensation $13,868.28
8. This Purchase Agreement is a binding and legally enforceable agreement
and the terms set forth in this Purchase Agreement executed by
GRANTOR and the CITY.
Words and phrases herein shall be construed as in the singular or plural
number, and as masculine, feminine or neuter gender, according to the context.
Signed this day of _o , 2013
G , NTOR: Thomas J. Arp Patricia A. Arp
Recommended forI
/71-r
Shane Wicks, P.E.
City Engineer
ATTEST:
Cyntis Stimson " U
City Jerk
CITY OF FAIRFAX, IOWA
Jaso . abe
May r
CENTER (
1
1 1
I
SECTION 9
T82N, R8W
D. 20d NAll,
I
I
_J IY 10 GRAN- &-
�/ UTIITY EASEMENT
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-- - --
1/4 SECTION LINE
----- - -- --------
$
--- --- - - - -
;
11
EASE"-- NT / 3 6
/10' DRAINAGE
/ AND UTILITY
/ C2
�0• EASEMENT
30.90 ACRES
LOT 2
I
71,779 SQ F
1.65 ACRES
L A 5633628 L
// N `
N3713 )G
26.12
;D_ 5/8 RsB R P,
v/ ALu nwnA e
I.O.O. T. CAP
0.4 EAST
J APPROX.
1 / CENTERLINE
OF UNNAARY
TRIBUTARY
(5.00,) / N35-5I'S5":v
.•!81'31'09"E I Cl / C7
Soo' - II- / LOT I
419,474 SQ.FT.
„I 9.63 ACRES A
D 5/8" REMIT 'IF ( NI528'33'1 IS 31'-��)
V/ 1L.IN F / 30' MEANDER LINE !
. S S CAP I ----
0.5" FA•• Tn & I a I M AROX
LINE
03' CAST- I I CENTERLINE_
FINAL PLAT
FOR
ABP'S MEADOWS FIRST ADDITION
IN THE CITY OF FAIRFAX, LINN COUNTY, IOWA
/ N.W. CORNER I I I I FD. 5/e REBAR W/REO PLASTIC CAP I
LOT t FD. 5/8 REBAR FD, I/2" REBAR NO 11954 -
POINT OF BEGINNING
132 b
EAST CEMETERY ROAD
���TTf _ _•-� 150.PSp,Upj'!SO.ffO'y �SD.CO'i-}TI SO.bO'f �N�d9.30)j11 \ E -I/4 CORNER
50`00'r 1'L 15019' 1500]' 14996' 1150.29 I I In9.68'� I I SECTION 9
se -j (Iso o°Y ta9. 3' it 11 11 u I l.i
ool I 149.98' I 150.04' 1 9.93' . 1350021 I I FD2MAGANAL-
ooI S85'z5'sl"w III yoT 0 III ON lO\VA III I �T'9 III I �'^ I
I ^5 III ,v • n 111 AppCCI TY 1 I .a 1 I I AcouI EG P GLAT
SI I i •2 v01 - I IRgR G0U14 1 1 I \p'c Osa.u')I "�BooK naso PAGE <n
1 --Io' \p'C 1 I OVG F LINA 318 III ,(4 I I 15a.0a 11 -(SEE NOTE 3)
I I 1 1 OR FNX' 312' 0 WEST LINE 1 1 I I _ 90.01' 1
T w wl I SANLOSTI LINE 111 11Io OF 3,63 PAGES III 10 6 Illi V I 1 ACQ. PLAT- 28.95' -._ NIIB'25'S1"E 90.11' -
T.oal- III IN 'CHET 80010 II II Illq III III II �oN I-
o^II III III Oso100') 111 ('5101') I (Isa.Oo') I Oso oo'> (150.00) I - I I vD 1/2" REBAR
zn I (150.00) ( 50.00•) I (50.02') 15014'-. 15004 - 149.A6= _15012_ l ? w/RED PLASTIC CA
150.02 In9.93_ _ -
1 - 15000_ .15001 - -- 129515' -�_ N0. It954
1
51"E--�(N89'3'S0'W) _� --- �-
62 N8825'S1"E SOUTH LINE (500755"ty 30.00')
-SE. CORn , 1
-- o, PINT CROVE 52'29'57"E 30.00' C9 ACO, Plat
1.
FO 5/8 REBAR FIRST ADDITION I TO 1/2 PER
_� -(0.2' NORM) '� W/REO PLASTIC CAP
C5 3 -- J 1 o FD. 5/8" REBAR II S.W. CORNER AUG. PLAT I N0. 11954 I
\ to F0. 5/8' REBAR (I. a' SOUTH) J FD. !/2' REBAR
\\\ (0.2' SOUTH) - ll EXISTING 10' 'N/RED PLASTIC CAP I SOUTH LINE
l ACQ. PLAT CORPORATE
,\ DRAINAGE AND- 'JO 11954- I �1
1 \� UTILITY EASEMENT I LIMITS
! R 1 FD, 1/2 REBAR
S. W- CORNER 50 SANIARY LOT-W/RED PLASTIC CAP _
STEWER- 71,662 SQ.FT. I No II9s4
EAScMF.NT
7 LOT S/a' REBAR S165 ACRES I
I
,AEI'\'5���'\ `70•
150
EXISTING 50 SANITARY SEWER AND
MATER MAIN E SEr.l
Il 1
GOON 38/9 .ACF 8 1
WEST LINE Il
EAST 446 FEET
10 OF UI.'HIM. EXISTING 50' ELECTRIC
I unuTv TRIsuTnar 30'--�-I LOT 'A' i0°i 1 rRa.vSMlssoN LINE EASEUENT
EST LNE
1 EASEMENT 171,038 SQ.F 1 LOT 2 BOOK 559 PAGE 553 -'�� II
s c;R. I I I FD. 5/s' REBnR -_ 3 93 ACRES N 1
/4-S.F. /4 W/ ALUTAINUM SDU11i LINE OF THE rr
EC'.0 9 .DO.T- CAP ,P \ ,o SOUTH UNE OF THE NF.I/4-SEI/4 ry
T82 Ra I N.w.l/n SEI/4; - - - _ i iDo,
(52 OS E) 90 00
S/. LCw ELAST:C �I (53.49) 2\F, z �I 1292.32' _ 1
P NO I8169 -I� N27251-
5358' W I M1 65'� �Ra\\ _l 189-51 'I I!N ( I - 1
2096.49' T
LO P 3
1,346,100 SQ.FT.
-sa'1z'as"w Jas$
30.90 ACRES
-C6
I
513'20'28"EAPPROX.
100 YEAR
96A9'
FLOOD BOUNDARY
o N
CAP 10. 18769
1
1
SECTION CORNER FOUND AS NOTED
5882715
RECORDED AS
- - - ----
�92H.
,y 9
m
B
1 EAST
SF I
1
LINE I
,AEI'\'5���'\ `70•
150
EXISTING 50 SANITARY SEWER AND
MATER MAIN E SEr.l
Il 1
GOON 38/9 .ACF 8 1
WEST LINE Il
EAST 446 FEET
10 OF UI.'HIM. EXISTING 50' ELECTRIC
I unuTv TRIsuTnar 30'--�-I LOT 'A' i0°i 1 rRa.vSMlssoN LINE EASEUENT
EST LNE
1 EASEMENT 171,038 SQ.F 1 LOT 2 BOOK 559 PAGE 553 -'�� II
s c;R. I I I FD. 5/s' REBnR -_ 3 93 ACRES N 1
/4-S.F. /4 W/ ALUTAINUM SDU11i LINE OF THE rr
EC'.0 9 .DO.T- CAP ,P \ ,o SOUTH UNE OF THE NF.I/4-SEI/4 ry
T82 Ra I N.w.l/n SEI/4; - - - _ i iDo,
(52 OS E) 90 00
S/. LCw ELAST:C �I (53.49) 2\F, z �I 1292.32' _ 1
P NO I8169 -I� N27251-
5358' W I M1 65'� �Ra\\ _l 189-51 'I I!N ( I - 1
2096.49' T
- 5 / - _ •REgx _ _
a5A, 65
1 `�8 21 1 W FD. 5/8 R. A R \
1I 5 w - I
o o :
II --'-1mt--
_._ (S88 -45 __T -1/2-W) Tl=_-___ 1
58827°SOUTH FRONT STREET
101.80
FTu _
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IT
It
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a I I
a
PRAIRIE S'I RT,F,T
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a2Ng VE
2R
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132M1.61'
-
39"W
E iAl. OESC RIF' ON,
PARI CI IHL N'ORITWEST QUARTER OF THE FT+A T ]LAR ER AND PART OF TINE NORTHEAST QUARTER OF THE SCUTHEAST QUARTER OF SECTION 9, TOWNSHIP 82 NCRTH, RANGE 8 WEST OF
D+E j1i FRINCIPAL MERIDIAN, FAIRFAX, LINN COUNTY, IOWA DESCRIBED AS FOLLOWS.
BEGINNING AT THE NORTHWEST CORNER OF LOT '1', PINE GROVE FIRST ADDITION IN THE CITY OF FAIRFAX, LINN COUNTY, IOWA AS RECORDED IN BOOK 3163, PAGFS 312-318 IN THE OFFICE OF
THE LINN COUNTY, IOWA RECORDER; THENCE St'33'42 E 301.00 FEET ALONG THE WEST LINE OF SAID LOT '1' TO THE SOUTHWEST CORNER THEREOF THENCE N88'25 5VE, 1324.10 FEET ALONG
THE SOUTH LINE OF SAID PINE GROVE FIRST ADDITION 10 A WEST LINE OF AN ACQUISITION PLAT AS RECORDED IN BOOK 3860, PAGE 417 IN THE OFFICE OF HE LINN COUNTY, IOWA RECORDER;
T N PLAT
SAID AC UIoI 10
( f iU hl 'F, OF 5 Q
FEET AL JN THE ><
PLAT; rHFNc� N88'25
�sr•E 9o. r1 EE
a ulsrnou L
OE SAID CQ
SOUTHWEST CORNER
9 ALONG SAID '1JE FINE i0 HE JJ
F 30.00 LO
LH NOF_ S 9 i7 E, '
TO IF ,-) TP FASr CORNER THEREOF AND Tlit. EST LINE CF THE EAST 446 FEET of THE NORTHEAST QUARTE OF SAID SOUTHEAST QUARTER; THENCE ANC E 358.34 FEET ALONG SAID
WES I' UN> F) IHC SOUTH LINE OF THE NORTHEAST QJ.A.RTE.IR OF SAID SOUTHEAST QUARTER; THENC SL18 / / IC 1 2096.49 FEET ALONG SAID SOUTH I INC AN) : E SODT14 LINE OF HE
NORTHV/ES( QUARTER OF SAID SOUTHEAST QUARTE R TO THE 'ASIERLY RIGHT OF WAY OF U.S. HIGH'JIAY N() 151; HENCE N2'22'51"W, 53.58 FEET ALONG SAIL) E ASIERLY RIGIIT OF `NAY; THENCE
p F _ iiCURVE,
- AN ARC
OF .2 d.8.. FOOT RADIUS
T r F. F \VAY ANU C
N8737'09"F,5.00 FEET ALONG SAID EASTERLY RIGH( C1 WA'�- THENCE NORTHEASTERLY 966.88 FFC LONG SAI _ASTERLY RIGHT 0
CO (CA•v, SOLITHFASTERLY (CHORD BEARS N12'4t324 E o7 FFET), THENCE S62'06'21 'E, 10.00 F ET ALONG ID EASTERLY RIGHT OF 'NAY; THENCE NOR"! -IC STERLY 386.27 FEET ALONG SAID
LA URLY 2GHT OF `NAY AND THE ARC 01 A 1819.36 FL RAD.US CURVE, CONCAVE SOUTHEASTERLY (:I IGRD BEARS N3�58'25•'E, 385.5S FEET TO THE SOUTH RIGHT OF WAY OF EAST
CEMETERY .ROAD); THENCE N88'25'51"E, 194.88 FEET A_ONG SAID SOUTH RIGHT OF WAY TO THE POINT OF BEGINNING_
SAID PAKCEL CONTAINS 2,080,253 SQ.FT, 47.76 ACRE, SUBJECT TO EASEMENTS AND RESTRICTIONS 0, RECORD
'ROPRIET,RS_ 1HOMAS J. AND PATRICIA A. ARE
,NOT(-. S.
LOT A 10 HE DEEDED 10 THE CITY OF FAIRFAX, IOWA FOR THE. PURPOSE OF A TRAIL.
2 1-01 B TO BE DEEDED TO THE CITY OF FAIRFAX, .OWA FOR THE PURPOSE OF STORM WAIER DRAINAGE, SANITARY SEWER AND WATER MAIN FACILITES.
3. ACCESS TO LOT 3 SHALL BE THROUGH THE CITY OF FAIRFAX PROPERTY (ACQUISITION PLAT BOOK 3860, PACE 417 AND THE NORTH 75 FEET OF LOT B,)
BE_R
'HOMAS AND PATRICIA A. ARP
SUR,✓EY PRF_PARED-_FOR:
;':TY OF FAIRFAX, IOWA
vRVEYGR:
RYAN R_ REMLING LS -
HALL k HALL ENGINEERS, INC.
1860 POISON ROAD
HIAWATI-I.A, IOWA 52233
(319)-362-9548
L�-
� EAST CEMETERY ROAD r--i-
I
j
ANION PACIFIC R.R� ll QLL�Emm ED0 1
-_L
I,OCA'PION MAP
1"=1000'
SURVEY LEGEND
O
I
I
I
S.E. CORNER
0
NIT/4-SS 1/4 1
SECTION 9
T82N, AS
o
-
SET I/2" REBAR
W/YELLOW PLASTIC
o N
CAP 10. 18769
1
1
SECTION CORNER FOUND AS NOTED
5882715
RECORDED AS
- 5 / - _ •REgx _ _
a5A, 65
1 `�8 21 1 W FD. 5/8 R. A R \
1I 5 w - I
o o :
II --'-1mt--
_._ (S88 -45 __T -1/2-W) Tl=_-___ 1
58827°SOUTH FRONT STREET
101.80
FTu _
[-0.4 I I I I SREBAR-
P
IT
It
/ I
a I I
a
PRAIRIE S'I RT,F,T
rO
CORNER
_N 9
a2Ng VE
2R
D/
{
z
132M1.61'
-
39"W
E iAl. OESC RIF' ON,
PARI CI IHL N'ORITWEST QUARTER OF THE FT+A T ]LAR ER AND PART OF TINE NORTHEAST QUARTER OF THE SCUTHEAST QUARTER OF SECTION 9, TOWNSHIP 82 NCRTH, RANGE 8 WEST OF
D+E j1i FRINCIPAL MERIDIAN, FAIRFAX, LINN COUNTY, IOWA DESCRIBED AS FOLLOWS.
BEGINNING AT THE NORTHWEST CORNER OF LOT '1', PINE GROVE FIRST ADDITION IN THE CITY OF FAIRFAX, LINN COUNTY, IOWA AS RECORDED IN BOOK 3163, PAGFS 312-318 IN THE OFFICE OF
THE LINN COUNTY, IOWA RECORDER; THENCE St'33'42 E 301.00 FEET ALONG THE WEST LINE OF SAID LOT '1' TO THE SOUTHWEST CORNER THEREOF THENCE N88'25 5VE, 1324.10 FEET ALONG
THE SOUTH LINE OF SAID PINE GROVE FIRST ADDITION 10 A WEST LINE OF AN ACQUISITION PLAT AS RECORDED IN BOOK 3860, PAGE 417 IN THE OFFICE OF HE LINN COUNTY, IOWA RECORDER;
T N PLAT
SAID AC UIoI 10
( f iU hl 'F, OF 5 Q
FEET AL JN THE ><
PLAT; rHFNc� N88'25
�sr•E 9o. r1 EE
a ulsrnou L
OE SAID CQ
SOUTHWEST CORNER
9 ALONG SAID '1JE FINE i0 HE JJ
F 30.00 LO
LH NOF_ S 9 i7 E, '
TO IF ,-) TP FASr CORNER THEREOF AND Tlit. EST LINE CF THE EAST 446 FEET of THE NORTHEAST QUARTE OF SAID SOUTHEAST QUARTER; THENCE ANC E 358.34 FEET ALONG SAID
WES I' UN> F) IHC SOUTH LINE OF THE NORTHEAST QJ.A.RTE.IR OF SAID SOUTHEAST QUARTER; THENC SL18 / / IC 1 2096.49 FEET ALONG SAID SOUTH I INC AN) : E SODT14 LINE OF HE
NORTHV/ES( QUARTER OF SAID SOUTHEAST QUARTE R TO THE 'ASIERLY RIGHT OF WAY OF U.S. HIGH'JIAY N() 151; HENCE N2'22'51"W, 53.58 FEET ALONG SAIL) E ASIERLY RIGIIT OF `NAY; THENCE
p F _ iiCURVE,
- AN ARC
OF .2 d.8.. FOOT RADIUS
T r F. F \VAY ANU C
N8737'09"F,5.00 FEET ALONG SAID EASTERLY RIGH( C1 WA'�- THENCE NORTHEASTERLY 966.88 FFC LONG SAI _ASTERLY RIGHT 0
CO (CA•v, SOLITHFASTERLY (CHORD BEARS N12'4t324 E o7 FFET), THENCE S62'06'21 'E, 10.00 F ET ALONG ID EASTERLY RIGHT OF 'NAY; THENCE NOR"! -IC STERLY 386.27 FEET ALONG SAID
LA URLY 2GHT OF `NAY AND THE ARC 01 A 1819.36 FL RAD.US CURVE, CONCAVE SOUTHEASTERLY (:I IGRD BEARS N3�58'25•'E, 385.5S FEET TO THE SOUTH RIGHT OF WAY OF EAST
CEMETERY .ROAD); THENCE N88'25'51"E, 194.88 FEET A_ONG SAID SOUTH RIGHT OF WAY TO THE POINT OF BEGINNING_
SAID PAKCEL CONTAINS 2,080,253 SQ.FT, 47.76 ACRE, SUBJECT TO EASEMENTS AND RESTRICTIONS 0, RECORD
'ROPRIET,RS_ 1HOMAS J. AND PATRICIA A. ARE
,NOT(-. S.
LOT A 10 HE DEEDED 10 THE CITY OF FAIRFAX, IOWA FOR THE. PURPOSE OF A TRAIL.
2 1-01 B TO BE DEEDED TO THE CITY OF FAIRFAX, .OWA FOR THE PURPOSE OF STORM WAIER DRAINAGE, SANITARY SEWER AND WATER MAIN FACILITES.
3. ACCESS TO LOT 3 SHALL BE THROUGH THE CITY OF FAIRFAX PROPERTY (ACQUISITION PLAT BOOK 3860, PACE 417 AND THE NORTH 75 FEET OF LOT B,)
BE_R
'HOMAS AND PATRICIA A. ARP
SUR,✓EY PRF_PARED-_FOR:
;':TY OF FAIRFAX, IOWA
vRVEYGR:
RYAN R_ REMLING LS -
HALL k HALL ENGINEERS, INC.
1860 POISON ROAD
HIAWATI-I.A, IOWA 52233
(319)-362-9548
L�-
� EAST CEMETERY ROAD r--i-
I
j
ANION PACIFIC R.R� ll QLL�Emm ED0 1
-_L
I,OCA'PION MAP
1"=1000'
SURVEY LEGEND
O
SET 1/2" REBAR N/YELLOW
PLASTIC CAP NO. 18767
0
FOUND 5/8" REBAR A/'RANGE.
PLASTIC CAP N0. 10677
� REML NG s
10)69
(UNLESS NOTED OTHERWIS'-)
Q
SECTION CORNER SET AS NOTED
A
SECTION CORNER FOUND AS NOTED
O
RECORDED AS
- - - ----
-- EASEMENT LINE
PLAT OR SURVEY BOUNDARY
_..._. _..-
- PLAT LOT LINE
- --- -
SECTION LINE
-- - --
1/4 SECTION LINE
----- - -- --------
1/4-1/4 SECTION LNE
--- --- - - - -
- EXISTING LOT LINE
SURVEY FIELD {YORE PERFORMED:
2/15/13
TOTAL AREA:
I_2.0110,253 SQ. FT..
47,76 ACRE
I
0 100 200 :AO 500
GRAPHIC SCALE IN FEET
SCALE: 1"=201'
D.19 -d by
RRR
0-. E,
RRR
Checketl by:
Date -
/16/13
F16d Book No
205
-cele:
I"=200'
Sheet'
1 of i
Project Number:
6950-13-01A
Ih166YI 1'h Ikdiinna
yit
) xi&gddby
I'-= y i 1 - �Icvna
Sun urynddlir „w o! dr swt orle��x/N
i
� REML NG s
10)69
µl'ANft ft 4111N( I_-. IAJG9
\iv liecrseicness'al dile is IJccc�nM�r 11, �_
lora
I^ages or sleety colvrcd by Nis awl r , r
D.19 -d by
RRR
0-. E,
RRR
Checketl by:
Date -
/16/13
F16d Book No
205
-cele:
I"=200'
Sheet'
1 of i
Project Number:
6950-13-01A
r,
i
AT
:RST ADDITION
.INN COUNTY,IOWA �
EEOAR N/RED PLASTIC P I L r
NO 1954— �1 _
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RYAN R RF.MUNG L.S. I n r �—y A Iby
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HALL A HALL ENGINEERS, INC b 1>e L1e a Id»Ir°^wL'^� 205
18630 BOYSON ROAD
(3 0)HLAW,a 62-HA, IOWA 52233
9548 --. `- eCe sv� A 161—
Project Number:
_-- .--__.__---------- 6950-13-01A
60' SANITARY SEWER EASEMENT
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This instrument made this day of �,.ice� , 2013, by Thomas J.
Arp and Patricia A. Arp, owner(s) (hereinafter referred to as Gra(ntor) of the following described
property:
Lot 3 of Arp's Meadows First Addition in the City of Fairfax, Linn County, Iowa
And,
WHEREAS,the owner in fee simple of the real property known and described as set out above is the
Grantor, and
WHEREAS, sanitary sewer facilities have been constructed upon and under a portion of the above
real property owned by the Grantor, and
WHEREAS, the Grantor has agreed to give the City of Fairfax, Iowa, a perpetual and continual
easement for the purpose of constructing, reconstructing, and maintaining said sanitary sewer facilities
upon a portion of the real property of the Grantor, for consideration of $1.00 and other valuable
considerations duly paid and acknowledged.
THEREFORE, for the above consideration,the Grantor hereby grants unto the City of Fairfax, Iowa,
and its assigns a perpetual and continual easement for the purpose of constructing, reconstructing, and
maintaining said sanitary sewer facilities upon and under the following portions of the above described
property:
The '60' Sanitary Sewer Easement" Running Along the Northerly Boundary of Lot 3 of the Final Plat of
Arp's Meadows First Addition in the City of Fairfax, Linn County, Iowa, Attached Hereto and
Incorporated Herein by Reference.
The Grantor further agrees to erect no buildings,obstructions or other improvements upon or under
the property covered by this Easement which would interfere with construction, reconstruction, or
maintenance of said sanitary sewer facilities without first obtaining permission from the City of Fairfax,
Iowa.
That, the Property Owner agrees this Agreement shall be binding upon the Property Owner their
successors, and assigns and the sale by the Property Owner of all or any part of said property described
above shall transfer obligations of the Property Owner to the successor in interest.
Thomas J. Arp DATE
Patricia A. Arp DATE
STATE OF IOWA, COUNTY OF POLK ) l
This instrument was acknowledged before me on this day of
2013 by Thomas J. Arp and Patricia A. Arp as Husband and Wife.
. �' qa�zul`�' V- ailh
Not ry Public in and for Linn County, Iowa
1t CYNTHIA K STIMSON
xCommission Number 128033
PAY Commission Expires
A r 1113 2016
Purchase Agreement— 60' Wide Sanitary Sewer Easement
For and in Consideration of One ($1.00) in hand paid, receipt of which is hereby
acknowledged, Thomas J. Arp and Patricia A. Arp, husband and wife, Owners
(hereinafter referred to as GRANTOR) of the following described property:
Lot 3 of Arp's Meadows First Addition in the City of Fairfax,
Linn County, Iowa
Hereby agrees to grant to the City of Fairfax, Iowa (hereinafter referred to as
CITY), a permanent easement on a portion of the above described property for
the sole purpose of construction, maintenance and use of sanitary sewer
facilities, more particularly described as follows:
See attached Final Plat of Arp's Meadows First Addition in the City of Fairfax,
Linn County, Iowa
Upon the following conditions to-wit:
1. Access to the remainder of this property shall be provided to the
GRANTOR at all times.
2. The area disturbed by the project will be graded and shaped upon
completion of the project by the CITY.
3. The GRANTOR shall have five-years from the date of said settlement to
renegotiate construction or maintenance damages not apparent at the time
of the signing of this contract as required by Section 66.52 of the Code of
Iowa
4. The GRANTOR grants and warrants that there is no known burial site(s).
well(s), solid waste disposal site(s), hazardous substance(s), nor
underground storage tank(s) on the premises described and sought herein.
5. The City shall pay for surface restoration and crop damage for any
maintenance work performed within this sanitary sewer easement.
6. The CITY agrees to compensate the GRANTOR one time (in 2013) for
crop loss and one time (in 2014) for crop damage due to construction
activities for installing the sanitary sewer facilities within this easement.
7. As compensation for this Sanitary Sewer Easement, the CITY agrees to
pay the GRANTOR as follows:
60' Sanitary Sewer Easement on $13,868.28
Lot 3 of Arp's Meadows First Addition
Total Compensation $13,868.28
8. This Purchase Agreement is a binding and legally enforceable agreement
and the terms set forth in this Purchase Agreement executed by
GRANTOR and the CITY.
Words and phrases herein shall be construed as in the singular or plural
number, and as masculine, feminine or neuter gender, according to the context.
Signed this day of_o , 2013
G , NTOR: Thomas J. Arp Patricia A. Arp
Recommended for Appro I CITY OF FAIRFAX, IOWA
r
Shane Wicks, P.E. Jaso . abe
City Engineer May r
ATTEST:
I �
Cynt is Stimson
City Clerk