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Home My WebLink AboutRESOLUTION NO. 2015-24 PIN, A-v J RESOLUTION NO. 2015-24 RESOLUTION TO ENTER INTO A STORM WATER DRAINAGE EASEMENT AGREEMENT WITH JOSEPH RAY BLOOD AND ROXANE LEE BLOOD WHEREAS,the businesses in the Karal's Additions have approached the City of Fairfax and asked the City to do something to help drainage in the area; and WHEREAS,the City of Fairfax requested Hall and Hall Engineers, Inc. to prepare plans and request quotes for drainage improvements in this area; and WHEREAS, the City Council of the City of Fairfax has accepted a quote for the drainage improvements, with the stipulation that before any work is started the City of Fairfax shall receive a signed executed Storm Water Drainage Easement Agreement from each property owner along the drainage improvement; and WHEREAS,the City of Fairfax has prepared the Storm Water Drainage Easement Agreement between the City of Fairfax and Joseph Ry Blood and Roxane Lee Blood, husband and wife, owners of Lot 3, Karal's Third Addition to the City of Fairfax, Linn County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRFAX, IOWA, that the City Council of the City of Fairfax does hereby approve the Storm Water Drainage Easement Agreement with Joseph Ray Blood and Roxane Lee Blood. BE IT FURTHER RESOLVED that the City Council of the City of Fairfax, Iowa, that the Mayor and city clerk/treasurer are hereby authorized and directed to execute said Storm Water Drainage Easement Agreement and said Resolution. Passed and approved this 14th day of April, 2015. AYES: Beer, Frieden, Otto, and Wainwright NAYS: None ABSENT: Magers }14 F Jason Rabe, ayor ATTEST: 00®e9 M '°•°Os Cyn is Stimson, City Clerk/Treasurer STORM WATER DRAINAGE EASEMENT AGREEMENT This Storm Water Drainage Easement Agreement (the "Agreement") is entered into on this day of , 2015, by and between Joseph Ray Blood and Roxane Lee Blood, husband and wife ("Grantors") and the City of Fairfax, Iowa, an Iowa municipal corporation (the "City'). RECITALS A. Grantors are the fee simple owners of the following legally described real estate: Lot 3, Karat's Third Addition to the City of Fairfax, Linn County, Iowa B. (the "Real Estate"). C. The City desires to construct storm water drainage and storm sewer culvert improvements upon and under a portion of the Real Estate and Grantors desire to grant an easement to the City to effect the same. Now, THEREFORE, for the consideration of$1.00 and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: AGREEMENT 1. Grant of Easement. Grantors hereby grants to the City a perpetual and continual easement (the "Easement') over a portion of the Real Estate described on Exhibit "A" (the "Easement Area") attached hereto and incorporated herein by reference, for the purpose of constructing, reconstructing, maintaining, repairing, replacing and removing storm water drainage improvements (the "Facilities"), and for ingress and egress for purposes of the same and for the further purpose of conveying storm water runoff through the Easement Area. 2. Maintenance. Grantors acknowledge that the Facilities will provide a material benefit to the Real Estate and as such Grantors shall maintain, reconstruct, repair and replace the Facilities and regrade and seed the Easement Area to the extent deemed necessary by the City to accommodate the storm water runoff within the Easement Area, in the City's sole and absolute discretion. Grantors shall trim vegetation in the Easement Area such that vegetation in the Easement Area does not exceed eight (8) inches in height. 3. Failure to Maintain. Upon the occurrence of an "Event of Default" (as hereinafter defined) the City may, at its option, maintain, reconstruct, repair, replace or remove the Facilities and regrade and reseed the Easement Area the cost of which shall be borne by the Grantors. Grantors shall pay to the City the costs incurred by the City pursuant to this Section 3 within ninety (90) days following delivery of written notification of the completion of any work performed by the City pursuant to this Section 3. In the event any amounts of the foregoing remains unpaid following said ninety (90) day period the City shall be entitled to, by and through its Council, make assessment (the "Assessment") against the Real Estate for said costs. The Assessment shall be a lien on the Real estate and the Grantors shall pay the amount which is thus assessed and the Assessment shall have the same legal force and effect as if all the legal formalities provided by law in such cases have been fully and faithfully performed and observed. Grantors hereby waives any right to object to the Assessment and further authorizes the Council of the City to pass any resolution requisite or necessary to effect the purposes of this Agreement and to make the Assessment without further notice to the Grantors. 4. Indemnification. Grantors shall indemnify, defend, and hold the City harmless from any and all damages or claims for damages, including but not limited to reasonable attorneys' fees, that might arise or accrue as a result of the City's approval and by recordation of this Agreement at the Linn County Recorder's Office, by virtue of the existence of an Event of Default or by virtue of Grantors' performance of its obligations hereunder. 5. Event of Default. The following shall be deemed to be events of default (each an "Event of Default") by Grantor under this Agreement: a. Grantors' failure to comply with Section 2 of this Agreement and not curing such failure within thirty (30) days after the City provides written notice of such default to Grantor (or for a period of time mutually agreed to by Grantors and the City if after such default requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such thirty (30) days period, and if Grantors commence said cure within such thirty (30) day period and thereafter diligently and continuously pursues the same to completion within the agreed upon time period); and b. Grantors' failure to comply with any term, provision or covenant of this Agreement other than subparagraph a of this Section 5 and Grantors not curing such failure within ten (10) days after the City provides written notice of such default to Grantors. 6. No Obstruction. Grantors shall not erect buildings, obstructions or other improvements or plant or maintain any vegetation (other than grass) upon or under the Easement Area. 7. Binding Effect. This Agreement shall be binding upon the successors, heirs and assigns of the parties hereto. 8. Recitals. The recitals of this Agreement are substantive parts hereof and are incorporated herein by reference. 9. General. Grantors do hereby covenant with the City that the Grantors holds the Real Estate in fee simple; that the Grantors have good and lawful authority to enter into this Agreement; and that the Owner covenants to warrant and defend the Real Estate against all lawful claims of all persons whatsoever. Each of the undersigned hereby relinquish all rights of dower, homestead and distributive share, if any, in and to the interests conveyed by this Agreement. Dated: , 2015 Joseph Ray Blood and Roxane Lee Blood Joseph Ray Blood Roxane Lee Blood STATE OF IOWA ) ss: COUNTY OF LINN ) This instrument was acknowledged before me on the day of 2015 by Joseph Ray Blood and Roxane Lee Blood, husband and wife. Notary Public in and for the State of Iowa CITY OF FAIRFAX By: Jason �abe Its: Mayor STATE OF IOWA ) ss: COUNTY OF LINN ) This instrument was acknowledged before me on the day of 2015 by Jason Rabe, Mayor of the City of Fairfax. Kathy Everett, Notary Public in and for the State of Iowa ATTEST: Cynthia Stimson, City Clerk/Treasurer EXHIBIT 'A' II 3 lO-t � A001TtON I l<5��OONO 111..0__'UTITILITY AND DRAINAGE EASEMENT — ---_._.—...... -- I 10'STORM WATER DRAINAGE EASEMENT i LOT 1 3 KARAL'S THIRD ADDITION l cn 1 1 r 3 ;aO I 3 D p c: ! LOT 2 z nj KARAL'S THIRD ADDITION z65l 0 m 1 .,,. 10'STORM WATER Tn x DRAINAGE EASEMENT (7,215 SF TOTAL) M 1 I � r cn 3 =O CD D j p p 1 � 3 O O I z z 3 0 60 120 Feet 3 3 I L——————–"—`"'— 10'UTILITY AND DRAINAGE EASEMENT E CEMETERY RD PLACE FOR NOTES OR LEGAL DESCRIPTION. o Sheet Tate: HALL E HALL ENGINEERS,INC, EXHIBIT'A' �°. f 1<GlLJP1C` o o m s o STORM WATER DRAINAGE EASENLEN'T o PART OF LOT 3 KARAL'S THIRD ADDITION N i 3 z z o -,:.,a__:,i_.rv�a�„v�..a�e�..x =; ✓. , " �,-.:aa:, 0 TO THE CITY OF FAIRFAX,LIMN COUNTY,IOWA N Designed by. Drown by. IChe<ked by. CAO Fte: h\propects\6900\6g&0\FY-15\6950-15-02_Kmois Droinoge tmprovemernts\dwg\EASEMENT EXwBlTS.dwg Dote Plotted: Apr 17, 2015- 2:O,5pm Plotted By: SRW