HomeMy WebLinkAboutRESOLUTION NO. 2015-67 RESOLUTION NO. 2015-6'7
RESOLUTION APPROVING A REQUEST FROM SOBASKI REAL
ESTATE, L.L.C. TO GRADE "AT THEIR OWN RISK"
WHEREAS, Sobaski Real Estate, L.L. C. has requested a Fill Permit for the following
described property:
Lot 2, Sobaski's Addition in the City of Fairfax,, Linn County, Iowa,
prior to submitting a site plan or a revised final plat; and
WHEREAS, they understand that if granted, the earthwork activities and placing fill
material on this property will be "'At Their Own Risk" and they agree to protect, defend and hold
the City of Fairfax harmless from any and all damages or claims for damages that might arise or
accrue; and
WHEREAS, Justin H. Sobaski, President/Treasurer, of Sobaski Real Estate, L.L.C. and
Zachary H. Sobaski, Vice President/Secretaiy of Sobaski Real Estate, L.L.C. signed a Fill Permit
Acceptance of Conditions on August, 20, 2015; and
WHEREAS, Hall and flall Engineers have reviewed the documents about,their plans for
tl-& property and are recommending the City of Fairfax approve this Fill Permit Acceptance of
Conditions with the following conditions:
1. That NPDES Permit Authorization is obtained by the Owner, with a copy provided to the
City, and a current and updated SWPPP That includes the proposed grading
improvements and erosion control measures is prepared and maintained on-site prior to
any earth moving activities or fill material is placed on this property.
2. That all erosion and sediment control measures are in place prior to any earth moving
activities or fill material is placed on this property.
3. If site grading activities encroach into the adjacent Highway 151 right-of-way (R.O.W.),
an Iowa DOT Work in the R.O.W. Permit shall be obtained by the Owner, with a copy
provided to the City of Fairfax prior to any earth moving activities or fill material is
placed within the Highway 151 R.O.W.
4. That,PRIOR TO THE ISSUANCE OF A FINAL CERTIFICATE OF
OCCUPANCY ON LOT 2 OF SOBASKI'S ADDITION,The Owners (Sobaski Real
Estate, L.L.C.) shall have an engineer licensed in the State of Iowa certify that the
proposed structure(s) has been constructed with a minimum flood protection elevation of
at least 1.0 feet above the I0 -year storm event(SFHA) elevation.for this property.
NOW, THE.FORE BE IT RESOLVED, by the City Council of the City of Fairfax,
Iowa to approve the Fill Permit Acceptance of Conditions and allow the "At Your Own Risk"
earthwork activities and fill placement on the following described property:
Lot 2, Sobaski's Addition in the City of Fairfax,Linn County, Iowa,
with the following conditions:
I. That NPDES Permit Authorization is obtained by the Owner, with a copy provided to the
City, and a current and updated SWPPP That includes the proposed grading
improvements and erosion control measures is prepared and maintained on-site prior to
any earthmoving activities or fill material is placed on this property.
2. That all erosion and sediment control measures are in place prior to any earth moving
activities or fill material is placed on this property.
3. If site grading activities encroach into the adjacent Highway 151 right-of-way (R.O.W.),
an Iowa DOT Work in the R.O.W. Permit shall be obtained by the Owner, with a copy
provided to the City of Fairfax prior to any earth moving activities or fill material is
placed within the Highway 151 R.O.W.
4. That,PRIOR TO THE ISSUANCE OF A FINAL CERTIFICATE OF
OCCUPANCY ON LOT 2 OF SOBASKI'S ADDITION, 1be Owners (Sobaski Real
Estate, L.L.C.) shall have an engineer licensed in the State of Iowa certify that the
proposed structure(s) has been constructed with a minimum flood protection elevation of
at least 1.0 feet above the I00-year storm event(SFHA) elevation for this property.
BE IT FURTHER RESOLVED, by the City Council of Fairfax, Iowa, that the Mayor
and the City Clerk are hereby authorized and directed to execute said Resolution.
Passed and approved this 25'11-day of August, 2015.
AYES: Beer, Frieder, Otto, Magers, and Wainwright
NAYS: None
V
Jason Rabe, Mayor
ATTEST:
60
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Cy 16a Stimson, City Clerk/Treasurer
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