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Home My WebLink AboutRESOLUTION NO. 2015-100 RESOLUTION NO. 2015-100 RESOLUTION ENTERING INTO AN ANNEXATION AGREEMENT WITH BRUCE G. SEVIG WHEREAS, the City of Fairfax wishes to annex additional property into the city limits; and WHEREAS, Bruce G. Sevig is the owner of some of the property the City of Fairfax wishes to annex; and WHEREAS, Hall and Hall Engineers, Inc., have drafted and are recommending the attached Annexation Agreement. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, to enter into this Annexation Agreement with Bruce G. Sevig. BE IT FURTHER RESOLVED, by the City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk are hereby authorized and directed to execute both this Resolution and the Agreement. Passed and approved this 10th day of November, 2015. AYES: Beer, Frieden, Magers, and Wainwright NAYS: None ABSENT: Otto Jaso Rabe, Mayor ATTEST: Cyn is Stimson, City Clerk/Treasurer x r .' • ti V16 t°. t(1:Tca colj4 t,.4r)'(' 4N'N••iNr�� ANNEXATION AGREEMENT THIS AGREEMENT is made and entered into on this 10th day of November, 2015, by and between THE CITY OF FAIRFAX, IOWA("FAIRFAX"), and Bruce G. Sevig ("OWNER"),owner of the property described in Exhibit"A" (the "Property"). This Agreement is made for the purpose of annexing property into the City of Fairfax, Iowa. OWNER RECITALS: WHEREAS, OWNER owns the Property located near Fairfax; and WHEREAS, OWNER or its successor may develop the Property; and WHEREAS, OWNER desires that the Property be annexed into and become a part of the City of Fairfax, Iowa; and WHEREAS, if and when OWNER or its successors and assigns develops the Property, it will do so pursuant to the ordinances and regulations of the City of Fairfax, Iowa; and WHEREAS,the Property is located in Linn County, Iowa, and OWNER has not requested that the Property be annexed by any other municipality; and NOW,THEREFORE, in consideration of the mutual obligations contained in this Agreement,the parties agree as follows: 1. OWNER's covenants for the Property: a. Concurrent with the signing of this Agreement, OWNER agrees to fully cooperate in completing all documents and complying with all procedures to promptly complete the annexation process. OWNER agrees to require any successors or assigns to cooperate fully in completing all documents and comply with all procedures to complete the annexation process. OWNER, in consideration of the City's agreement to extend City services and maintain said services, all as set forth in the Development Agreement, specifically waives any right to withdraw its application pursuant to Iowa Code Section 368.7(1)(e). b. The OWNER shall execute the agreement to include agricultural land in the City of Fairfax Urban Renewal Area. c. Development of the Property shall be in accordance with all ordinances and regulations of the City of Fairfax existing at the time of development. 2. Administrative provisions: a. This Agreement may not be amended by any party without the express written permission of the other parties. b. This Agreement shall be a covenant running with the Property,shall bind and inure to the benefit of OWNER and its heirs, executors, assigns, and successors in interest and shall constitute an obligation and create enforceable rights which may be specifically enforced against OWNER and FAIRFAX and each of their successors in interest in addition to any other remedy allowed by law.The obligations of OWNER and FAIRFAX set forth in this Agreement are cumulative and in addition to all other obligations. c. This Agreement shall be deemed to be a contract made under the laws of the State of Iowa and for all purposes shall be governed by and construed in accordance with the laws of the State of Iowa.This Agreement shall be null and void and of no effect if FAIRFAX is unable,for any reason,to complete the annexation of the Property by June 30,2016. CITY OF FAIRFAX, IOWA Bruce G.Sevig By / . By s Jason Rabe, Mayor Owner ATTEST: A I - By /itG ,' ti, � � Cynthia Stimson,City Clerk/Treasurer ,til itr,'i t ' ' til .?"3 ' ' Xt 2 .,1 crl 0 .z...iz ., 4,4 .1. . ,� Exhibit "A"—Legal Description SW 1/4 Section 4-82-8, Linn County, Iowa, except Lot 1, Schulte First Addition to Linn County, Iowa r STATS OF'MA NOV 3 C 2015 " H o M E S W E E T H o MY DEVELOPMENT BOARD APPLICATION FOR VOLUNTARY ANNEXATION TO THE CITY OF FAIRFAX, IOWA In accordance with the 2015 Iowa Code Sections 368.7, which allows property owner(s) to submit a written request for annexation to the City Council of the adjoining city, I (we) are submitting this Application for Voluntary Annexation. I, (we), the undersigned, are the property owner(s) of the property legally described below (or as shown on the attached sheet) and desire to be annexed to the City of Fairfax, Linn County, Iowa. Legal Description of Property* The SE'/ excepting Winifred's First Addition to Linn County, Iowa and the South % NE 114 Section 4- 82-8, Linn County, Iowa excepting all public highways Owner #1 Owner #2 Name of Owner (type or print) Gordon C. Sevig Name of Owner (type or print) ShirleyA. Sevi Signature of owner or authorized agent: Signature of owner: Date of Signature: Date of Signature. Agent's Title (if applicable) Are there additional owners? (If "yes'; please provide names, signatures, and dates of signatures for additional owners on the back of this application form.) Proof of ownership is provided with this application. Yes X No For City use only: Date Received: Received by: File No. General property location: *Insert a typed legal description. If the description will not fit, type the words "See attached" in the box and attach a typed legal description on a separate sheet of paper Page 1 of 2 IImi ll li�ti il3lililitil�lla lilI Doo ID: 007889700002 Tvoe: GEN Recorded: 11/15/ 006 at 02:33:47 PM Fee Amt: $2.585.00 PaQ0 1 of 2 Revenue Tax: 52.345.00 Inatr# 200600030120 Linn Countv Iowa i7 <L'r R71b� JOAN MCCALMANT RECORDER BK6181 Pe638-639 WARRANTY DEED THE toWA STATE BAR ASSOCIATION Official Pono No. 101 Recorder's Cover Sheet Preparer information: (Name, address and phone number) Gregory D. Kingery 4056 Glass Rd. NE Cedar Rapids, IA 52402 Phone: (319) 393-9090 Taxpayer Information: (Name and complete address) Gordon C. Sevig, 766 Linn Benton Rd, Watford, IA 52351 Return Document To. (Name and Complete address) Eugene J. Kopecky, 4056 Glass Rd. NE, Cedar Rapids, IA 52402 Grantors: Grantees: Margaret M. Voss, a/k/a Margaret A. Gordon C. Sevig Regis D. Voss Voss Shirley A. Sevig Legal description: See Page 2 Document or instrument number of previously recorded documents: � i�,« awa smia aa. r socmeon zoos 1AA0C1GA Book: 6181 Page: 638 Seq: 1 Page 2 of 2 TNS IOWA STATE BARASSOCIATION '-�---- Of d.1I onn No. 161 Gregory D. Kingery [SBA # 02826Fat TIa"."LEFFECi OF THE USE OF TNIa FpM, CON9Uf•T YOUR LAWYER tilt/, y '4 WARRANTY DEED For the consideration of One($ I.OU� Dollar(s) and other valuable consideration, Mar arct_M. Voss a/kla Mar aret A Voss and ltceis D Voss husnand and wife do hereby Convey to Gordon C. Sevig and Shirley A. Sevig husband and wife as tenants in common, the foNoI'll ing described real estate in Linn County, Iowa: The SEA excepting Winifred's First Addition to Linn County, Iowa and the South 1/2 NE'/a Section 4-82-8, Linn County, Iowa excepting all public highways Grantors do Hereby Covenant with grantees, and successors In interest, that grantors hold the real estate by title in fee simple; that they have good and lawful authority to sell and Convey the real estate: that the real estate is Free and Clear of all Liens and Encumbrances except as may be above stated; and grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated, Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. STATE OF [(1WA COUNTY OF r"►rj This instru�pent was acknowledged before me on ML) /.S .20 Q Z by Mar argil M. Voss, a/k/a Margaret A. Vr1ss, and l�eg,s�, oss, uts ant an wic, Notary Public t rrl%7r r, rC ..c.rIN I EO TTY Iowa SIa10 On, nesueaeai 2005 .VMOOCSA Dated: _,I) v Margaret 1. Voss, atkla argarot A. (Grantor) Voss Regis D. oss (Grantor) (Grantor) (Grantor) 161 WARRANTY DEED fte-d June 2005 Book: 6181 Page: 638 Seq:2 "HOME SWEET HOME" APPLICATION FOR VOLUNTARY ANNEXATION TO THE CITY OF FAIRFAX, IOWA In accordance with the 2015 Iowa Code Sections 368.7, which allows property owner(s) to submit a written request for annexation to the City Council of the adjoining city, I (we) are submitting this Application for Voluntary Annexation. I, (we), the undersigned, are the property owner(s) of the property legally described below (or as shown on the attached sheet) and desire to be annexed to the City of Fairfax, Linn County, Iowa. Legal Description of Property* SW Y4 Section 4-82-8, Linn County, Iowa, except Lot 1, Schulte First Addition to Linn County, Iowa Owner #1 Owner #2 Name of Owner (type or print) Bruce G. Sevi Name of Owner (type or print) Signature of owner or authorized agent: Signature of owner: Date of Signature: d a odd P �� Date of Signature: Agent's Title (if applicable) Are there additional owners? (If 'yes , please provide names, signatures, and dates of signatures for additional owners on the back of this application form.) Proof of ownership is provided with this application. Yes X No For City use only: Date Received: Received by: File No. General property location: *Insert a typed legal description. If the description will not fit, type the words "See attached" in the box and attach a typed legal description on a separate sheet of paper Page 1 of 3 INIIIIIIIIINIII IIIII�NINlNIfIIIINIIINIIIIIIIIIINl111M�11{I�11111111 Do C ID: 021669720003 Type: GEN Re 04!06/2015 at 12:30:39 PM Revenue Tax:6$2,61t.20e i of 3 Linn County Iowa JOAN MCCALMANT RECORDER w9211 PG665-667 aaQ°Clr�# P6 TRUSTEE WARRANTY DEED THE IOWA STATE BAR ASSOCIATION Official Form No. 107 Recorder's Cover Sheet Preparer Information: Randall A. Nazette, 615 2nd Street SW, PO Box 74210, Cedar Rapids, IA 52407, Phone: (319) 366-1000 Taxpayer Information: Bruce G. Sevig 1606 Red Oak Dr., Coralville, IA 52241-1095 Return Address Bruce G. Sevig 1606 Red Oak Dr., Coralville, IA 52241-1095 Grantors: Laurence A. Schulte Revocable Trust Grantees: Bruce G. Sevig Legal Description: See Page 2 Book: 9211 Page: 665 Seq: 1 Book: 9211 Page: 665 Page 1 of 3 Page 2 of 3 Randall A. Nazette, Attorney TRUSTEE WARRANTY DEE12 (Inter Vivos Trust) For the consideration of Ten Dollar(s) and other valuable consideration, Paul Zenisek and Jeff Gibney, Co -Trustees of Laurence A. Schulte Revocable Trust a/d/o March 24, 1998 aka Laurence A. Schulte Trust u/d/o March 24, 1998 do hereby convey to Bruce G. Sevig, a single person the following described real estate in Linn County, Iowa: SW I/4 Section 4-82-8, Linn County Iowa, except Lot 1, Schulte First Addition to Linn County, Iowa The grantor hereby covenants with grantees, and successors in interest, that grantor holds the real estate by title in fee simple; that grantor has good and lawful authority to sell and convey the real estate; that the real estate is free and clear of ail liens and encumbrances, except as may be above stated; and grantor covenants to warrant and defend the real estate against the lawful claims of all persons, except as may be above stated. The grantor further warrants to the grantees all of the following: That the undersigned are the successor trustees pursuant to the Trust instrument and are authorized to execute this deed without any restrictions. That the trust pursuant to which the transfer is made is duly executed and in existence; that to the knowledge of the grantor the person creating the trust was under no disability or infirmity at the time the trust was created; that the transfer by the trustee to the grantees is effective and rightful; and that the trustee knows of no facts or legal claims which might impair the validity of the trust or the validity of the transfer. Words and phrases herein, including the acknowledgment hereof, shall be construed as in the singular or plural number, according to the context. Book: 9211 Page: 665 Seq:2 Book: 9211 Page: 665 Page 2 of 3 Page 3 of 3 Datedoril 2 , 2015 Laurence A. Schulte Revocable Trust a/d/o March 24, 1998 aka Laurence A. Schulte Trust u/d/o March 24, 1998 /Paul Zenisek Gibney As Co -Trustee of the above -entitled trust STATE OF IOWA, COUNTY OF LINN This record was acknowledged before me this this 2nd day of April , 2015, by Paul Zenisek and Jeff Gibney as Co -Trustees ` DONALD E YOUNG Wxrrfar 19nn Nrrs 2s, to1! i� Book: 9211 Page: 665 Seq:3 Book: 9211 Page: 665 Page 3 of 3 Page 1 of 2 I IIIIIII VIII) III VIII IIID ILII IIIINIIII VIII VIII VIII III I1III IIID IIII IIII Doc ID: 021669740002 Type: GEN Recorded: 04/06/2015 at 12:31:09 PM Fee Amt: $17.00 Page 1 of 2 Linn County Iowa JOAN MCCALMANT RECORDER BK9211 PG668-669 ii 1-70°CK#-oa I e74P COURT OFFICER DEED THE IOWA STATE BAR ASSOCIATION Official Form No. P201 Recorder's Cover Sheet Preparer Information: (name, address and phone number) Randall A. Nazette, 615 2nd Street SW, PO Box 74210, Cedar Rapids, ]A 52407-4250, Phone: (319) 3 66- 1000 Taxpayer Information: (name and complete address) Bruce G. Sevig 1606 Red Oak Dr., Coralville, IA 52241-1095 Return Document To: (name and complete address) Bruce G. Sevig 1606 Red Oak Dr., Coralville, IA 52241-1095 Grantors: Paul Zenisek, Executor Z :baS 899 :06ed W6 :1008 Z }o Z abed 899 ;abed G I -Z6 :M008 Page 2 of 2 Randall A. Nazette, Attorney COURT OFFICER DEED The Estate of Laurence A. Schulte now pending in the Iowa District Court in and for Linn County. Probate No. ESPR037502 Pursuant to the authority and power vested in the undersigned, and in consideration often Dollar(s) and other valuable consideration, the undersigned, in the representative capacity designated below, hereby Convey(s) to Bruce G. Sevig, a single person the following described real estate in Linn County, Iowa: SW 1/4 Section 4-82-8, Linn County, Iowa, except Lot 1, Schulte First Addition to Linn County, Iowa Words and phrases herein, including acknowledgement hereof, shall be construed as in the singular or plural number, and as masculine, tbminine or neuter gender, according to the context. Dated: Z- - , 2015. FOR REVENUE TAX STAMPS SEE BOOK 9211 PAGE 665 K-. Paul Zenisek As Executor in the above entitled estate or cause. STATE OF IOWA, COUNTY Ol' LINN, ss: This record was acknowledged before me this 21d day of April , 2015, by Paul Zenisek as Executor of The Estate of Laurence A. chulte. Signature of Notary ublic j �M=1n 4 MyO-arwn- 1-1- 0_--n JM1 2L 2M6