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Home My WebLink AboutRESOLUTION NO. 2013-49 RESOLUTION NO. 2013-49 RESOLUTION APPROVING A PURCHASE AGREEMENT WITH CASEY'S MARKETING COMPANY FOR A SANITARY SEWER EASEMENT ON PART OF LOT I OF KARAL'S FIRST ADDITION AND APPROVING THE SANITARY SEWER EASEMENT AGREEMENT" WHEREAS, the City of Fairfax intends to construct and maintain a sanitary sewer lateral line upon the southwesterly portion of Lot 1 of Karal's First Addition to Fairfax, Iowa; and WHEREAS, an easement purchase agreement and a sanitary sewer easement agreement have been submitted by Casey's Marketing Company; 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 Casey's Marketing Company 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, Massed and approved this 2.3'd day of July, 2013. AYES: Beer, Frieden, and Otto NAYS: None ABSENT: Magers and Wainwright Jason Rabe, Mayor .ATTEST: .sa .... pop, . C nthia Stfinson., City Clerk/Treasurer d . c`a p p ` oe+aaa44ee9f8 �gypffi �_ 25' SANITARY SEWER EASEMENT This instrument made this _ day of , 2013, by Casey's Marketing Company owner(s) (hereinafter referred to as Grantor) of the following described property: Lot 1, Karal's First Addition to Fairfax, Iowa, except the East 348.04 feet and also except public highway 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. See Attached Exhibit 'A' 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. CASEY'S MARKETING COMPANY Sk.L-NUdeyer, Vice resident DATE Julia L. Jackowskil Secretary DATE STATE OF IOWA, COUNTY OF POLK ) This instrument was acknowledged before me on this day of 2013 by Sam J. Billmeyer and Julia L. Jackwoski as Vice President and Secretary of Casey's Marketing Company. p,A(�3 PATTY A. GRONEW®L5�.R...--�1�.. Commission Number isssi Notary Pub Pireslic in and for Linn County, Iowa a n � F"XHIBITA 2S' SANITARY SEWER EASEMENT PART OF LOT 1, KARAL'S FIRST ADDITION TO FAIRFAX, IOWA t1Q fD.5/8"W/ALUREBAR o FO. RIGHT OF WAY RAIL 1.2' SOUTH & 0.5' WEST j Ni N O`��a� a ti Q� I a WEST LINE EASTOF Lo041 111 w 4y0a -' WEST LINE v �y LOT 1 25' SANITARY SEWER EASEMENT 6,750 SOX% 0.15 ACRES N oN 1 N 2, 1, N8825'51"E 270.12 52'25'44"E t 05"EI u \, 25.00' N3'04'22"w 25.01'�� i, i 269.84 588'25'51 "W S.W. CORNER � SOUTH LINE. LOT i LOT 1 FO. 1/2" REBAR POINT OF BEGINNING h,S 91 FD. 1/2" REBAR LEGAL DESCRIPTION: PART OF LOT 1, KARAL'S FIRST ADDITION TO FAIRFAX, IOWA AS RECORDED IN BOOK 1809, PAGE 305 IN THE OFFICE OF THE LINN COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1: THENCE N3.04'22"W ALONG THE WEST LINE OF SAID LOT 1. 25.01 FEET: THENCE N88'25.51"E, 270,12 FEET TO THE WEST LINE OF THE EAST 348.04 FEET OF SAID LOT 1; THENCE S2'25'44"E, 25.00 FEET ALONG SAID WEST LINE TO THE SOUTH LINE OF SAID LOT I; THENCE S88'25'51"W 269.84 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 6,750 SO.FT., 0.15 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, SURVEY PREPARW FOR: C t� CITY OF FAIRFAX, IOWAnnm m SURVEY LEGEND OMER: INMA SECTION CORNER FOUND AS NOTED CASEY'S MARKETING 0 30 60 90 120 COMPANY GRAPHIC SCALE IN FEET SURVEYOR: SCALE, 1"=60' RYAN R. REMLING L.S. SURVEY WORK HALL & HALL ENGINEERS INC, PERFORMED: 1860 BOYSON ROAD 2/15/13 HIAWATHA, IOWA 52233 319--362-9548 j C11 -0 cn _n v Sheet Title: - to a n m a E"Xi-1113IT A CL 012S SANITARY SEW LIZ EASEMINT .�« �. i N W Lyil 1 -( -i o °1 PART OF LOT 1, KARAL'S FIRST ADDITION TO ri q FAIRFAX, IOWA FOUND SURVEY MONUMENT RECORDED AS EASEMENT LINE 1/4 SECTION LINE EXISTING LOT LINE V HALL & HALL ENGINEERS, INC. 2 a 1808 (IOYSON ROAD, HIAWATHA. IOWA 52233 PHONE: (319)3629598 FAX:(319)362-7695 y CIVIL ENGINEERING a LANDSCAPE ARCHITECTURE fa. LAND SURVEYING 9 LAND DEVELOPMENT PLANNING vmvcnnuo^B.com p Designed by.MD I prawn by.RRR Chcckcd by. U Purchase Agreement For and in Consideration of One ($1.00) in hand paid, receipt of which is hereby acknowledged, Casey's Marketing Company Owner(s) (hereinafter referred to as GRANTOR) of the following described property: AdditionLot 1, Karal's First . Fairfax, Iowa, except 348.04 feet and also except public highway 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 Exhibit A Upon the following conditions to -wit: The area disturbed by the project (PHASE_ 1 EAST CEMETERY ROAD RECONSTRUCTION, DRAINAGE, STORM SEWER, WATER MAIN, AND SANITARY SEWER PROJECT) will be graded, shaped and seeded upon completion of this project by the CITY. 2. 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 613.52 of the Code of Iowa 3. 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 as described on the attached Exhibit A and sought herein. 4. 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. 5. As compensation for this Sanitary Sewer Easement, the CITY agrees to pay the GRANTOR as follows: Permanent Sanitary Sewer Easement $3,000.00 Total Compensation $3,000.00 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 this3 day of d �2013 GRANTOR: Casey's Marketing Company yer, Vice Pr ident Julib L. Jackowski, Secretary Recommended for Approval r —�4 /z� Shane Wicks, P.E. City Engineer ATTEST: Cynis Stimson City Clerk l DATE DATE CITY OF FAIRFAX, IOWA 0�&- Jason� May9l EX111131T A 25' SANITARY SEWER EASEMENT PART OF LOT 1, KARAL'S FIRST ADDITION TO FAIRFAX, IOWA � r ED. RESAR CAR / U FD, RIGHT OF WAY RAIL �pEa 1.2' SMT14 & O-5' WEST A� fob a z IN WEST LINE(•'�� " � e4 EAST 348,04' -+ 999 w EI STLINE 25° SANITARY SEWER EASEMENT OF LOT 1 N 4G�° iv 6,750 SOFT„ 0.15 ACRES f4Of w w � o i h9^ 270.12' . 1, S2°25'44"E N88'25 51 E ^ - it i 25.00' N(51 °26'05"E) � z ,� .;, ,.�. =y.; �- i 1 `" l'1 _, r" 7 ,•'"' 'i 3'04'22"W 25.01' 11 -Z--/"— 269.134' u &W, CORNER SOUTH UNE LOT t LOT 1 0 FD. 1/2" REBAR w POINT OF BEGINNING yah sL FD. 1/2" REBAR 1 I Z w LEGAL DESCRIPTION: w Q PART OF LOT 1, KARAL'S FIRST ADDITION TO FAIRFAX, IOWA AS RECORDED IN BOOK 1809, PAGE 305 IN THE OFFICE OF THE LINN COUNTY, IOWA RECORDER I DESCRIBED AS FOLLOWS: C] i BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE N3`04'22'W, ALONG THE WEST LINE OF SAID LOT 1, 25.01 FEET; THENCE N88'25'51WE, 270,42 FEET TO THE WEST LINE OF THE EAST 346,04 FEET OF SAID LOT 1; THENCE S2'25'44"E, 25,00 FEET ALONG SAID WEST LINE TO THE SOUTH LINE OF SAID LOT I 1; THENCE 588'25'51"W, 269,134 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 6,750 SO,FT., 0.15 ACRES, SUBjECT TO EASEMENTS AND RESTRICTIONS OF RECORD, SURVEY PREPARED FOR: SURVEY LEGEND N CITY Of FAIRFAX, IOWA OMER SECTION CORNER FOUND AS NOTED �A CASEY'S MARKETING 0 30 60 90 120 � FOUND SURVEY MONUMENT N COMPANY GRAPHIC SCALE IN FEET RECORDED AS SuRVF a SCALE; 1"=60' 21 EASEMENT LINE RYAN R, REMLING L.S. SURVEY�WMOR,'K HALL �c HALL ENGINEERS INC- PERFO- _ ___ ,, _ __ ._ __ .__.___...._. 1/4 SECTION LINE1860 BOYSON ROAD 2/15HIAWATHA, IOWA 52233 EXISTING LOT LINE N 31g-362-9548 of •u yl, o Sheet Title: HALL & HALL ENGIN S, INC. 2 On ro g n m L'}C1'III3I1 A _ ® ®� 25' SANITARY SEWER EASEMENT ^ � uu0 ROY cl1ROA0. !!YiVIn NA dNJ. r 53 --- :J I V' .• ° O ,,,, P1!ol•Jt:; (Siu Y),yty T.NC (tt0l tdZ )585 PART OF LOT 1, KARAL'S FIRST ADDI'I ION TO CML EILGINEERING 0 LANDSCAPE ARCHNECTURE 4 { O p L/WD SURMM 0LAND 0EVELOPMENT PLANNING wgrc ns<:.«prco, FAIRFAX, IOWA o - N Designed by. MD I),---byRRR Chc-cew by. SITE PLAN ACCEPTANCE OF CONDITIONS I/We agree to the terms and conditions set out below in regard to the Site Plan approval as requested by Fairfax State Savings Bank for the following described property: Parcel B, Plat of Survey No. 84 and Lot Four (4), Votroubek's First Addition to Fairfax, Iowa CONDITIONS 1. PRIOR TO ANY CONSTRUCTION ACTIVITIES ON said Parcel B, Plat of Survey No. 84 and Lot Four (4), Votroubek's First Addition, the Fairfax State Savings Bank shall submit a copy of the approved Iowa DOT Work in the R.O.W. Permit to the City of Fairfax. 2. Fairfax State Savings Bank shall obtain an access easement and an access easement agreement from Casey's General Store that protects Fairfax State Savings Bank's access to their site through the Casey's General Store property. Once This access easement and easement agreement is obtained from Casey's, Fairfax State Savings Bank shall get this easement / easement agreement recorded, and submit a recorded copy to the City of Fairfax. The recorded copies shall be delivered to the City of Fairfax within 90 days of the City Councils approval of this Site Plan. 3. The City of Fairfax shall grant Fairfax State Savings Bank a temporary design exception that allows Fairfax State Savings Bank to complete the proposed improvements as indicated on this site plan (Application Date of 9/24/2013) without providing the required storm water management / storm water quality for these improvements until additional improvements are proposed on this site (Parcel B, P.O.S. No. 84 and Lot 4 of Votroubek's First Addition). At the time that any addition improvements are proposed on this site, this temporary design exception shall become void, and per the City's Storm Water Management Ordinance, storm water management / storm water quality shall be required for all of the improvements on this site, including the ATM Kiosk and the proposed drives associated with this Kiosk that are proposed as part of this site plan. INVe specifically agree to protect, defend and hold the City of Fairfax harmless from any and all damages or claims for damages that might arise or accrue by reason of the granting of this Site Plan approval. This agreement shall be binding upon the current owner(s) as well as future owners, heirs, legal representatives, successors, and assigns. Fairfax State Savings Bank Patrick Slater Patti Lopata eq � P 'M r Title Title Dat Date 10/15 11,3 CITY OF FAIRFAX 037356 CUSTOMER # 1430 CASEY'S MARKETING COMPANY INVOICE # REFERENCE GL ACCOUNT # NET 2013EASEME 25' SANITARY SEWER EASEME 001-299-6781 3000.00 CHECK DATE: 9/03/13 CHECK # 37356 TOTAL: **3,000.00 Upon the following conditions to -wit: 1. The area disturbed by the project (PHASE 1 EAST CEMETERY ROAD RECONSTRUCTION, DRAINAGE, STORM SEWER, WATER MAIN, AND SANITARY SEWER PROJECT) will be graded, shaped and seeded upon completion of this project by the CITY. 2. 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 613.52 of the Code of Iowa 3. 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 as described on the attached Exhibit A and sought herein. 4. 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. 5. As compensation for this Sanitary Sewer Easement, the CITY agrees to pay the GRANTOR as follows: Permanent Sanitary Sewer Easement $3.000.00 Total Compensation $3,000.00 Formw-9 Request for Taxpayer Give Form to the (Rev. December 2011) identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service Name (as shown on your income tax return) Casey's Marketing Company N Business name/disregarded entity name, if different from above a7 4 C: Check appropriate box for federal tax classification: ❑ Individual/sole proprietor 21 c corporation El Corporation ElPartnership ❑ Trust/estate w c CL o 3 ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) i► ❑ Exempt payee o-------------------------------- C N CL c ❑ Other (see instructions) +U'_^ Address (number, street, and apt, or suite no.) Requester's name and address (optional) U Q One S.E. Convenience Boulevard co City, state, and ZIP code u) Ankeny, IA 50021 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line I social security number to avoid backup withholding. For individuals, this is your social security number (SSN). However, fora resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other FM -M-= antitia� it is vour PmnlnvPr irlantification number (EIN). If you do not have a number, see Now to ciet a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. F41 2 - 1 1 4 1 3 1 5 1 9 1 1 1 3 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments of an interest anddivid�s,nds, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page I _ >, Sign Signa a of ( f f` � ZS �G Here U.S, t on IP i U ° =' v �}/ Date A General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Porm A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S, person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a t# h' d t' t d b' ' th U 't d 3. Claim exemption from backup withholding if you are a U.S. exempt par ner in a par ners ip con uc ing a ra e or uslness in e ni e payee. If applicable, you are also certifying that as a U.S. person, your States, provide Form W-9 to the partnership to establish your U.S. allocable share of any partnership income from a U.S. trade or business status and avoid withholding on your share of partnership income. is not subject to the withholding tax on foreign partners' share of effectively connected income. Cat. No. 10231X Form W-9 (Rev. 12-2011)