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HomeMy WebLinkAboutRESOLUTION NO. 2015-101 RESOLUTION NO. 2015-101 RESOLUTION ENTERING INTO AN AGREEMENT TO INCLUDE AGRICULTURAL LAND IN THE CITY OF FAIRFAX URBAN RENEWAL AREA 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 Agreement to Include Agricultural Land in the City of Fairfax Urban Renewal Area. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, to enter into this Agreement to Include Agricultural Land in the City of Fairfax Urban Renewal Area 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 abe, Mayor ATTEST: • G,..�,� .lam (I/ // ,u*II..... y thia timson, City Cleric/Treasurer .... F\V.. � . .. •.? \ re 4v Fairfax419915-22/Ur Ag Land AGREEMENT TO INCLUDE AGRICULTURAL LAND IN THE CITY OF FAIRFAX URBAN RENEWAL AREA WHEREAS, the City Council of the City of Fairfax, Iowa(the "City") has begun the process necessary to amend the boundaries of the Fairfax Urban Renewal Area(the "Urban Renewal Area"), pursuant to Chapter 403 of the Code of Iowa, in order to undertake activities authorized by that Chapter, including but not limited to the use of tax increment financing as provided in Section 403.19 of the Code of Iowa; and WHEREAS, it has been proposed that the boundaries of the Urban Renewal Area be expanded to include certain property described on Exhibit A (the "Property"); and WHEREAS, the Property is owned by Bruce G. Sevig(the "Owner"); and WHEREAS, Section 403.17 of the Code of Iowa provides that no property may be included in an urban renewal area which meets the definition in that Section of"agricultural land,"unless the owner of such property agrees to include such property in such urban renewal area; and WHEREAS, "agricultural land" is defined in paragraph 3 of Section 403.17 of the Code of Iowa as follows: "Agricultural land means real property owned by a person in tracts of ten acres or more and not laid off into lots of less than ten acres or divided by streets and alleys into parcels of less than ten acres, and that has been used for the production of agricultural commodities during three out of the past five years;"and WHEREAS, it has been determined that the Property meets the definition of"agricultural land" in Section 403.17(3) of the Code of Iowa; NOW, THEREFORE, it is hereby agreed by the Owner as follows: 1. The Owner hereby certifies that it is the owner of the Property described above. 2. The Owner hereby agrees that the City of Fairfax, Iowa may include all of the Property in the Urban Renewal Area. DATED this !! day of 6„„„ , 2015. By 1 r ._... Bruce G. Sevig, Owner D Fairfax419915-22/Ur Ag Land EXHIBIT A Legal Description of the Property: SW '/4 Section 4-82-8, Linn County, Iowa, except Lot 1, Schulte First Addition to Linn County, Iowa