HomeMy WebLinkAboutRESOLUTION NO. 2015-28�soLUTxoN No. zois�z�
RESOLUTZON APPRQVING A ROAD AGREEMENT FOR
COND�TIONAL USE PERMZT, C-].0-1 �, 4N SOUTHV�W ROAD
BETWEEN THE CITY OF FAIRFAX, K& B AG SUPPLY, LLC.,
AND LTNN COUNTY SECONDARY RQAD DEPARTMENT
WHEREAS, tk�e K& B Ag Supply, LLC. has requested a Conditional Use Permit
from L'uu� County; and
WHEREAS, as part of the Conditional Use �ermit pracess t�e Linn County
Secondary Road Departmeni is recon�ending ihai ihe access frazx� Southview Road to
Ax�nana Road be clased as r�vell as the railroad crossing just east of that area and t�.at
Souihview Road be bzought up �o Linn County's standards as a hard surfaced road; and
W HEREAS, the Ciiy Council of the Caty o� Fairfax, Iowa, does not curren�ly
wan� the abave mentioned access or rai�road crossing on �ou�hview Road closed; a�d
�REAS, the City of Fairfax owns one half of the road easement of
Southview Road betweer� Aa�ana Road and Williams Bl�d.; and
WHEREAS, the Linn Counry Secondary Road Depart�xaexzt k�as dxafted a Road.
Agzee�ent far th� City of Fairfax and K& B Ag Supply, LLC. to enter into concerning
required road work as a zequirement for Linn County's Condiiional Use Pert�it pracess;
and
WHEREAS, the City Council of iize City of Fairfax, Iowa, has agreed to sp�zt t�e
costs £or the required raad i�npro�vements with K& B Ag Supply, LLC.
NOW, THEREF�RE, SE �T RESOLVED, by the City Council of the City of
Fairfax, Iowa, that the City of Fairfax ag�t"ees to enter into �he Raad Agreement for
Canditional Use Pern�it, C-10-14, on Southview Road wzth K& B Ag Supply, LLC. and
Linn County Secondary Road Department which is attached hereto.
BE IT FU.I�THER RESOLVED, by the Fairfa� City Counczl o� the City of
Fairfax, Iowa, that ihe Mayor and City Clerk ar� hereby authorized and directed to
execuie this resolution of appro�al and the Mayox is authorized to sign tt�e Road
Agreement for Conditional Use Pe�x�nzt, C-J.0-14, on Southview Road �with K& B Ag
Supply, LLC. and Linn County Secondary Road Department.
Passed and approved this 14�` day of April, 2015.
AYES: Beer, Frieden, Otto, and Wainv�ight
NAYS: None
ABSENT: Magers
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Taso�Rabe, Mayor
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ATTEST:
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Cyn 'a S ixzlson, City'C1erklTreasurer
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Prepared By & Return To; Linn County Secondary Raad Rept., 1888 Counfy Home Rd, Marion, IA 52302 {319)892-6400
Lir�n County Secondary Road Depar�ment
Date: April 13, 2015
Road Aareement for Condifional Use Permif, C-10-14, on Southview Rd
Legal Desc: Lat 2, Zenisek's Second Addition to Linn County, lowa
Adciress: 211 5outh�iew Rd
5-T�R: N E SW '{ 6-82-8
This agreement with the property owner meefs
ACCE5S CQNTROL
1. An entrance permii for each access
must be obtained from the Linn
County Enginee�s Office.
E.ntrances shall drain to ditch and
natural waterway as approvec! by
permit.
2. Entrance #93502 is aflowed to
remair� at its curreni widih of 8S
feet. Entrance #13503 is allowed to
remain at its current wid#h of 36
feet,
3.
No additional access will be allowed
to this parcel. if ihe owner requests
any cF�ange in the access locations,
the basis of access to the properiy will be a singl� access poinf ineeting couniy sfandards.
RiCHT�QF-WAY
No �ertical headwalls within the right-of-way. A breakaway mailbox is allowed. No other type af mailbax is allowed
within fhe road right-of-way. Decorative walfs, ar other items thai may identify the awner or address of the property,
are not allowed within #he road righi-of-way.
No construction within the County righf-of-way without a p�rmit from the Linn County Engineer.
FENCE
Any fence Incated within County right-of-way may remain at its present location until such iime the fence is to be
repaired, replaced or at time of a raad impro�ement project. The County shalE contact the property owner prior to
rerraoval of the fence. The fence shall be remaved without any campensation to tf�e property owner.
TREES
The property owner agre�s to remave trees within the current or newiy dedicated right-of-way or easement. 7he cost
of remo�aE of the trees shafl be the property owner's cost and there will be no camper�sation to the property owner for
the �alue of Ehe trees.
No additional or replacement trees shall be planted in the County right-of-way.
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ROAD PARTICIPATION
1. The City of Fairfax will hire a contractor to bring Sauth�iew Road, frorr� Amana Road to Williams Bivd, up ta
minimum hard surFaced road star�dards.
2. The City of Fa9rFax wiif be responsibie for maintaining the raad sec#ion as a hard surfaced road, io mes#
county requirements for access to business from a hard surfaced road.
��:�� �.��� � �^.
K& B Ag Sup�ly, LLC, Owner Date
State oF lowa, County of �r �ra-� ��
On fhis,�gday oF .�t��A.�., 201�= before me, �������,���j�j,�?��16'�
Personally appeared ,����:'�;<�li�U.a f�'e';�r� o7tc; �.�t;,,,, �to me known to oe u�c person named in and who executed the
foregoing Instrument and acknowledged that j�� execufed fF�e same as /%r 5 ,� �oluntary act and deed.
A� crNr��� re sTi�soH
z �" CommisslOrl Nwnber 12$033
h�' Commitsion F�rplres
A ril i3, 20ifi
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t l '° �
k ,y ` � � ! ; ,�
• G�f � L��,r":�`�' �,
otary Public in the 51ate of lowa
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City of �a�fax �at�
Sta#e o# lawa�County f � � �t. +�
Or� this � day o� � r,y�_ A b., 2�1 `� before me ��(��j��;, ��.;�25f.? �� ,
Personafly appeared �", � 5� ;, �`�� to me known to be the person named in ar�d who executed the
foregoing instrume�t and acknowledged that Fi� executed the same as _._ �t;, � volunfary act and deed.
h�< <� CYN7HIA K STIMSOH
� � Camm�ssian Number t?Bo33
�' �' M�r CommissEon Expires
A ril i3, 2035
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�" � l ; �{" /�/ � � � � ��� �%�J
el �
ot ry Pu lic in the 5 ate of Eowa
5te�el� M. Gannon, P.E., Linn County �ngineer �ate
Siate of lowa, County of
On this day of A.b., 201_ before me ,
Personally appeared , to me known to be the person named in and who executed the
foregoing instrurnen# and acknowledged thai execufed the sa�ne as �olunfary act and de�d.
Notary Public in the State of lowa
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