HomeMy WebLinkAboutRESOLUTION NO. 2014-16 RESOLUTION NO. 20 4-16
RESOLUTION ACCEPTING TEMPORARY CONSTRUCTION EASEMENT[' ON
A PORTION OF THE PROPERTY LOCATED AT 98 EAST CEMETERY ROAD
IN CONNECTION WITH: THE PHASE 2 EAST CEMETERY ROAD STREET
RECONSTRUCTION,TRAIL AND DRAINAGE IMPROVEMENTS PROJECT
IN FAIRFAX,LINN COUNTY, IOWA
WHEREAS, Hall &Hall Engineers has detennined the need for a temporary
construction easement for construction of the Phase 2 East Cemetery Road Street
Reconstruction, Trail and Drainage Improvements project, and
WHEREAS, Patricia A. St. Gerrhain, 4620 Carrousel Dr., Cedar Rapids, Iowa,
52404 OWNER of the real property known and,described as follows:
See Attached Temporary Construction Easement
has agreed to convey the necessary temporary construction easement for grading and
shaping and for temporary parking upon a portion of the above real property for
consideration as follows:
Temporary Construction Easement; $331.31
Temporary Residential Parkin; $587.70
Total.Compensation $919.01
and
WHEREAS, Hall & Hall Engineers recommends the City enter into an
agreement to purchase a temporary construction easement with the terms set forth within
said easement document.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Fairfax, Iowa, to execute the Temporary Construction Easement and issue a check for the
Allocation of Proceeds.
BE IT Fl JtfHER RESOLVED, by the Fairfax 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 11th day of February, 2014.
AYES: Beer, Frieden, Otto and Magers
NAYS: None
ABSENT: Wainwright
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'Rabe, Mayor .�."�•'"`. � , ,�
ATTEST:
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Cynthia Stimson, City Clerk/Treasurer
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TEMPORARY CONSTRUCTION EASEMENT
This instrument made this day 41 Le�? 201 by Patricia A. St. Germain,
owner(s)(hereinafter referred to as GRANTOR)of the) llowing delried pm/perty:
LOTS I AND 2. VOTROUBEK'S FIRSTADDITION TO FAIRFAX, IOWA
LESS
A PARCEL 01" LAND LOCATED IN LOTS I AND OF VOTROUBEKS FIRST
Al-)DITION '1'0 THE CITY OF FAIRFAX, IOWA IN THF SWI/4 NFI/4 OF SEC. 9--8-8,
LINN COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CC M'MENCINCY AT THE CENTER OF SAID SEC. 9; THENCE N 89' 44 '/2 ' E, 679.36 FT..
ALONG TI IE SOUTH LIME OFTJ IE NE 1/4 OF SAID SEC. 9; THENCE N I' 15 W. 77.97
FT., TO TI-IE POINT OF BEGINNINO; THENCE IN 2' 08 W, 27'.35 FT., 'l 0 A POINT ON
THE PRESENT SE-LY RIGHT OF WAY LINE Or, PRIMARY ROAD U.S. 15I; 'FtiENCE
NE-LY 296,96 FT. ALONG A 1859.86 FOOT RADIUS CURVE CONCAVE SE-LY AND
HAVING A CHORD BEARING IN 494143' 17. 1-96.65 FT., ALONG SAID PRESENT SE-LY
R101 FTOFWAY LINE; "I"I[ENCE S 35' 42 11'2 - F, 2CI,00 FT„ 'F1-II"NCE SW-LY 312,32 FT.
ALONCY A 1819,86 FOOT RAI)IIJS CUR VE.CONCAVFSL.-LY AND HAVING A CI-10RD
BEARING S 49" 25 '4' W, 311.95 FT- TO THE, POINT OF BEGINNING; CONTAINING
6,093) SQ1�ARF FEET, MORE OR LESS. NOTE: THE SOUTH LINE OF TI=IE NEI/4 OF
SAID SEC. 9 IS ASSUMED TO 13EAR N 88° 44 FORT)IE PURPOSE OF THIS
DESCRIPTION.
AND
LOT 3, VOTROUBEK'S FIRS'f' ADDITION TO FAIR1-,'AX, 10WA
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 grading and shaping iupon 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 onto 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 for this Temporary Construction Easement as
follows:
3,608 SF for Temporary Construction Easement- $331.31
6,400 SF for Temporary Residential Parking $587.70
Total Compensation $919.01
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.
Signed this day of
GRANTOR: Patricia A. St. Germain
STATE OF J2,e COUNTY OF
This instrument was acknowledged before me on the day of 2010 by Patricia
A. St. Germain as a single person.
7,
KATHM-EVERETT
Commission Number 777486 Notary Public in End for the State: (z..
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Hlarch 1S,2416
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