HomeMy WebLinkAboutRESOLUTION NO. 2014-46 RESOLUTION NO. 2014-46
RESOLU'T'ION ACCEPTING TEMPORARY CONSTRUCTION EASEMENT ON
A PORTION OF THE PROPERTY LOCATED AT 70 EAST CEMETERY ROAD
IN CONNECTION WITH: THE PHASE 2 EAST CEMETERY ROAD STREET
RECONSTRUCTION, TRAIL AND DRAINAGE IMPROVEMENTS PROJECT
IIS' FAIRFAX,LINN COUNTY, IOWA
WHEREAS, Hall&Hall Engineers has determined 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, Jirn M. Shebetka, 70 East Cemetery Road, Fairfax, Iowa, OWNER
of the real property Imown and described.as follows:
See Attached Temporary Construction Easement
has agreed to convey the necessary temporary construction easement for grading and
shaping upon a portion of the above real property for consideration as follows:
Temporary Construction Easement: $119.08
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 FURTHER 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 8h day of April, 2014.
AYES: Beer, Frieden, Otto,Magers, and Wainwright
NAYS:None
Jason lbe, Mayor
ATTEST: N."06060. t
a
' 0
C thia Stimson, City Clerkffreasurer
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TEMPORARY CONSTRUCTION EASEMENT
This instrument made this day of 2014,by Jim M.Shebetka,owner
(hereinafter referred to as GRANTOR)of the following de4cribed property:
Parcel A,Plat of Survey#84 as recorded in Vol.2132,Page 172 of the Records of the Linn County,Iowa Recorder
an May 5,1992,being part of the NE Ya of Section 9.02-8,Fairfax,Linn County,Iowa
WHEREAS,the OWNER in fee simpte 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 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'X
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 for this Temporary Construction Easement as
follows:
1,729 SF for Ternporary Construction Easement- $119.08
Total Compensation $119.08
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 I day of AkiLL2014
GRANTOR-
Jim M.Shebetka
STATE OF COUNTY OF
This instrument was acknowledged before me on the day of � "� 214 by Jinn M.
heed«.
SUSAN K '-41RINASH
707600 Notary Public in and for the State:
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ay Corr mission Expires: 4
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