HomeMy WebLinkAboutRESOLUTION NO. 2013-50 RESOLUTION NO. 2013-50
RESOLUTION APPROVING TEMPORARY CONSTRUCTION EASEMENTS WITH
THOMAS J. ARP AND PATRICIA A. ARP ON'PART OF LOT 3 OF ARP'S MEADOWS
FIRST ADDITION AND WITH LEE WILLIAM MEYER AND DEBBORAH MAE
MEYER ON PART OF PARCEL 'A' AND PARCEL 'B' OF PLAT OF SURVEY NO. 84
WHEREAS, as part of the Phase I East Cemetery Road Reconstruction, Drainage,
Storm Sewer, Water Main, and Sanitary Sewer Project, the City of Fairfax intends to construct
sanitary sewer facilities upon a portion of Lot 3 of Arp's Meadows First Addition and upon a
portion of Parcel 'A' and Parcel 'B' of Plat of Survey No. '84 that will require temporary
construction easements adjacent to the sanitary sewer easement during the initial construction of
these facilities; and
WHEREAS, as part of this same project, the City of Fairfax also intends to construct
other improvements in this vicinity the will require a temporary construction easement at the
northeast comer of Lot 3 of Arp's Meadows First Addition; and
WHEREAS, a temporary construction easement agreement has been submitted by
Thomas J, Arp and Patricia A. Arp for a temporary sanitary sewer construction easement and a
temporary staging and stockpiling construction easement on Lot 3 of Arp's Meadows First
Addition, and a temporary construction easement agreement has been submitted by Lee William
Meyer and Debborah Mae Meyer for a temporary sanitary sewer construction easement on
Parcels 'A' and Parcel 'B' of Plat of Survey No. 84; and
WHEREAS, said temporary construction easements shall terminate upon the Fairfax
City Council's acceptance of the Phase 1 East Cemetery Road Reconstruction, Drainage, Storm
Sewer, Water Main, and Sanitary Sewer Project ; and
WHEREAS, Hall and Hall Engineers, Inc. has recommended acceptance by the City of
Fairfax of said temporary construction easement agreements.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax,
Iowa, that the temporary sanitary sewer construction easement agreement and the temporary
staging and stockpiling construction easement agreement by Thomas J. Arp and Patricia A. Arp,
and that the temporary sanitary sewer construction easement agreement by Lee William Meyer
and Debbordh Mae Meyer be and the same are 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 23rd day of July, 2013.
AYES: Beer,Frieden, and Otto
NAYS: None
ABSENT: Magers and Wainwright
/pe/
�f A,
Jason Rabe, Mayor
ATTEST:
0
C-va6ia Stimson, City Clerk/Treasurer
TEMPORARY CONSTRUCTION EASEMENT
This instrument made this 1A day of .. vi , 2013, by Thomas J.
Arp and Patricia A. Arp, husband and wife, owner(s) (h reina ter 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
WHEREAS, the OWNER in fee simple of the real property known and described as set
out above is the GRANTOR, and
WHEREAS, the GRANTOR has agreed to give the City of Fairfax, Iowa a Temporary
Construction Easement for the purpose of construction staging and soils / materials stockpiling
upon 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 Temporary
Construction Easement for the purpose of accessing a portion of the real property of the
GRANTOR, for consideration of $1.00 duly paid and acknowledged.
See Attached Exhibit `A'
THEREFORE, for the above consideration the GRANTOR hereby grants unto the City of
Fairfax, Iowa the Easement and rights herein described, which Easement and rights shall be
binding upon the GRANTOR.
The City of Fairfax, Iowa agrees to restore the easement area in a timely manner
included, but not limited to, the complete restoration of any fences or other structures modified
as requirement of the construction, upon completion of the construction or repairs.
The City of Fairfax, Iowa agrees to compensate the GRANTOR one time (in 2013) for
crop loss, one time (in 2014) for rent, and one time (in 2015) for crop damage due to
construction activities in this temporary construction easement area.
The City of Fairfax, Iowa agrees to compensate the GRANTOR for this Temporary
Construction Easement as follows:
Temporary Staging and Stockpiling $1,435.13
Construction Easement
Total Compensation $1,435.13
The Easement will terminate upon the City of Fairfax's acceptance of improvement
contract.
The Easement and rights herein described shall be binding upon the Grantor, its heirs
and assigns.
114
Signed this _ day of , 2013
THOMAS J. ARP AND PATRICIA A. ARP, HUSBAND AND WIFE
G NTOR: Thomas J. Arp
Patricia A. Arp
STATE OF 5 � ,Ok COUNTY OF
This instrument was acknowledged before me on the Ii - day of
2013 by Thomas J. Arp and Patricia A. Arp, husband and wife.
1
Nota4 Public in and for the State �.
CYNTHIA K STIMSON
zCommission Number 128033
My Commission Expires
April 13 2016