HomeMy WebLinkAboutRESOLUTION NO. 2015-93 RESOLUTION NO. 2015-93
RESOLUTION ENTERING INTO AN ANNEXATION AGREEMENT WITH
WILLIAM E. BOLAND, JR. AND VERNA I. BOLAND
WHEREAS, the City of Fairfax wishes to annex additional property into the city limits;
and
WHEREAS, William E. Boland, Jr. and Verna I. Boland are owners 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 William E. Boland, Jr. and Verna I. Boland.
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
' 1
Jab Rabe, Mayor
ATTEST:
.ii/i/r / iI ./L
Cy hia Stimson, City Clerk/Treasurer
4,0077,444,
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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 William E. Boland,Jr. and Verna I. Boland ("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.
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. FAIRFAX's covenants, in consideration of the covenants of OWNER that:
a. FAIRFAX will allow OWNER burning rights consistent with the City of Fairfax's Solid Waste
Control Ordinance (Chapter 105 of the Fairfax Code of Ordinances). FAIRFAX will allow
the OWNER to burn Landscape Waste generated from clearing and grubbing activities
along the stream located on this property, as long as the following criteria are met:
• The burning is performed a minimum of 500 feet from any residential or
commercial property;
• The OWNER shall notify the Fairfax Fire Dept. prior to burning on the day of
burning the Landscape Waste generated from clearing and grubbing activities;
• The weather conditions are suitable, as approved by the Fairfax Fire Dept. for
burning;
• All other portions of the City of Fairfax's Solid Waste Control Ordinance (Chapter
105 of the Fairfax Code of Ordinances) are met.
3.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 William E. Boland,Jr.
B �G1��
By y
Jason Rabe, Mayor ie-C`Vii C A---e--, O ner
ATTEST: Verna I. Boland
By -4f-id-42/W11--- By .YGt t9,i#.4
Cynthia Stimson, City Clerk/Treasurer Owner
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Exhibit"A"—Legal Description
SW 1/4 NW 1/4, except the South 33-1/3 rods of the West 24 rods and except the South 35 rods of the
East 56 rods and except the West 396 feet of the North 28 feet of the South 578 feet and except
Beranek's Long View Addition, Linn County, Iowa and N % NW 1/4 all in Sec. 9, Twp. 82 North, Range 8,
Linn County, Iowa
AND
The East 455 feet of the NE 1/4 of the NE 1/4 except the North 800 feet; and
NW X of the NE X; and
SE 1/4 of the NE %, lying North of Highway 149, except the east 455 feet; and
North 2 rods (also described as the North 1 acre) of the SW X of the NE X; and
NE X of the SEX of the NW X; and
NE 1/4 of the NE, except the east 455 feet, and except the west 95 feet of the east 550 feet of the north
800 feet;
All in Section 9-82-8
And also excepting from all the above the public highways
HOME"
"HOME SWEE1
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 '/, NW 114, except the South 33-I/3 rods of the West 24 rods and except the South 35 rods of the East 56 rods and except
the West 396 feet of the North 28 feet of the South 578 feet and except Beranek's Long View Addition, Linn County, Iowa
and N''/z NW 114 all in Sec. 9, Twp. 82 North, Range 8, Linn County, Iowa
AND
The East 455 feet of the NE '/ of the NE % except the North 800 feet; and
NW % of the NE %; and
SE % of the NE % lying North of Highway 149, except the east 455 feet; and
North 2 rods (also described as the North I acre) of the SW'/a of the NE %; and
NE '/, of the SE '/< of the NW %; and
NE '/, of the NE, except the east 455 feet, and except the west 95 feet of the east 550 feet of the north 800 feet;
All in Section 9-82-8
And also excepting from all the above the public highways
Owner #1
Owner #2
Name of Owner (type or print)
Name of Owner (type or print)
William E. Boland, Jr.
Verna I. Boland
Signature of owner or authorizedag�ent* 01
�
Signature of owner:
(,�)r-'t,
n
Date of Signature: g
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:
or Toff 1
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�� berdtbr�____ LIMN Courage _ PRYpAYB Ma.._i!8t2064r{QY�B. I t
PwsuaMtoRteauN+otityendnavnrvas:adlnlheundoralgnbd.andkrconekiaraoonot�._Daa__.____..rt.,£ I
Ddbraie► eM dbar vatuablo c"Ithxotbn, the undors'gned, In the representative capacRy deatgnatod bdaw,;W14 ry i i1 •
Convoy to Htlliem k. Bo}ends. Jr. and Vpry�; Do ftpnd, hS,St}hnnd wnd .kj(a.,,de�jplpy�,= • I
I _,tans,gce__v_tttLjirl•�ylgty�g•..q pprVtvoyNhl. ? I
thefddowingdeatribedrodastmoIn Linn _County. Iowa:
See Exhibit "A" attached. 1
This deed is given in fulfiilm nt of the real estate ediltract dated March 2.
1976 and filed for record in Volume 1676, Page 137 of Cha 9ffice of the Lino
i County Recorder.
Words wW phrases heraln, Including admirriedgmenk hentroL "I be contifted as In the sInwar or plural nufte;
and
as maecuWte, feminine or rteulergended a000rding to the context.
I'
Dated:
:.r
Y�aK�,C� v-,—
`I - � TL1CJ r RG &'r Tib
Ttaa _ a-
n \. 'inlhsaboveenti, An •In the aboveerd•
)1( dedestn�dw ara'o.
tied as%% or moo,
.. I 'Fxealsc Ad minlitrDlorf3uerdlen, ConsermsW Wattle, Referee, CoMMWWaneror ReceNer
1� r
STATEOFIOWA, LIffii COUNTY, as:
On this day of April 19 92__bel ma*,Iheundsrsl W,allot&VPubW
In end for lheState ofIowa, personally appeared
�D,.&.�ifwhaan. Pxeaidpnt of vairfaxli�.r.
ly4nge Senk� —
to me known to be the iderilkal person named In and whoexeoLLed thelmegoYg instntmenL andadmovill Ihateudt
it person, as such fiduciary, executed the same as the voluntary ad and deed olsuch poison and of such fiduciary.
t ► .a�rtntr � � J
...._.._..__.........._..�.____.__�.__.NotaryPubilc I "
I
f �9 AMY, IWO e,•w YutA IM,
Book: 2005 Page: 166 Seq: 1
v
•
-'t SW, MEI,'sold Lot K. frregulaq Survey of SlOc WWII, Lot C, irregular Survey i f V
of SWIt NSIt. less the[ two acre tract contained in the fotegning detcrdp- 1
Ilan upon -111-h the ropidencp of N111lom E. aoiand and With V. 11aland,
husband' and vire, to located. and SEII SF t and NEIL SIVA excepting them-
frpa Clio foltovtogt ,Cawaenetng at a otoel plo locatad Adjacent to the
highway right of Uay'at the t7orthanae corner of the NEI; S1,14; chance
South on the Eoet'euct7on line of Sec. 8, 80 fact; thenen West, 60 feet;
ChunCO Worth 80 feat, thenca E*at 60 feat to Clio point of begtnning.
And Lot F. IrregularSurvey of NW11 SEIt, and Lot II, Irregular Survey of
S1,14 SEk, all of natd`proporCy bclog in See. 8, Twp. 82 North, linage 8 ;
Linn caanty,.lovat SW1t NR4r except the South 33-1/3 ro4* of Clio West
24 rods and except 'the Soutdi 35 ratio of the cast 36 radii and except
the Next 396 foot•of:tha North 28 fact of the South 578 feat and except
Beranek`* Long yiov Addition. Lino county, Iowa nod N,I NW4 all In Sac.
9, Twp. 82 North, Song* 8, Lina county, Iowa
+'4EO AOH AEQ)AD
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APR 2 91992
sanEkl,un
Book: 2005 Page: 166 Seq:2
TNt;FAIR t j-
AMP f�
�RDER f
DATE LINN COUNTY
COURT OFFICER DEED
IN THE MATTER OF THE
TRUST UNDER ARTICLE IV
OF THE WILL OF MARY LOU MANVILLE Deceased
7„J �. •, sonic iii 1"alai: .
l?OCUMEN l N0. 69114
RECORDING FEE
AUD. FEE
AUTOMATION FEE _....1.. -
now pending In the Iowa District Court In and for Linn County. Probate No.
Pursuant to the authority and power vested in the undersigned, and In consideration of One Dollar and other
valuable consideration, the undersigned, in the representative capacity designated below, hereby Convey to Wililam E.
Boland Jr and Verna Boland husband and wife as Joint Tenants with Full Rights of Survivorship, and not as Tenants in
Common, the following described real estate In Linn County, Iowa:
See attached Exhibit A.
j-
Words and phrases herein, Including acknowledgment hereof, shall be construed as In the singular or'pAral numbfd;t
and as masculine or feminine gender, according to the context. "=
Dated: fe.{ HA"y Ca, 1445 C`'
FAIRFAX
W—BANK
AlidY
By
D
"' fe§ldenl�
cc
s •
By
,•:
As
Tru
a �itRlea
.cr
` ~ Jame Manville
TRIG
estate or cause. As Trustee In the above entitled estate or cause.
STATE OF IOWA, LINN COUNTY, ss:
On this 67;( day of )O 0 "-"^ , 1995 before me, the undersigned, a Notary Public in and for the State of Iowa,
personally appeared James C. Manville to me known to be the identical person named In and who executed the foregoing
Instrument, and acknowledged that such person, as such fiduciary, executed the same as the voluntary act and dead of such
person and of such fiduciary.
...,� 4�4OL-4A.,►WILLIAM S. HOCHSTETLER
AIY COMMISSION EXPIRES Public
AZIO
November 7,1995 ry
STATE OF IOWA, UNN COUNTY, ss:
On thlsi4e day of 9 -g -j ,.�n k 4, 1995 before me, the undersigned, a Notary Public In and for said County and
said State, personally appeared David C. Msuhaus and , to me personally known, who being
by me duly sworn, did say that they are the President and , respectively, of said corporation; that (Ato
(the seal affixed thereto is the seal of said) corporation; that the Instrument was signed
(and sealed) on behalf of said corporation by authority of its Board of Directors; and that David C. Neuhaus and
acknowledged the execution of said instrument to be the voluntary act and deed of the corporation as
such fiduciary, by k, by them and as such fiduciary voluntarily executed.
W 0E also
��
on N Pubii
Rnnk- 39fif) Panp- 711 ---
Page 2 of 2
C7l%Qn��i�/YJ i�r l?i:V ��V
EXHIBIT A
NW 1/4 of the NE 1/4; and
SE 1/4 of the NE 1/4, lying north of Highway 149, except the
east 455 feet; and
North 2 rods (also described as the North 1 Acre) of the SW
1/4 of the NE 1/4; and
NE 1/4 of the SE 1/4 of the NW 1/4; and
NE 1/4 of the N9, except the east 455 feet, and except the
West 95 feet of the east 550 feet of the north 800 feet;
all in Section 9-82-8,
and excepting from all of the above the public highways.
MAR Q 2 1995
B -oke 2GIv"MI L i ,:c; AAI1 I Seq: 2
I'Ys'ir� 1
eroX3176 � ,. -.334
TAX Pao c43
is2g9,0"Pr
jr il�a...e..
ORDER
DATE LINN COUNTY'
<-
COURT
RECOF EALID. FEEAUT ION FE
OFFICER DEED 32880
IN THE MATTER OF THE:
TRUST UNDER ARTICLE IV
OF THE WILL OF MARY LOU MANVILLE Deceased i'-
now pending In the Iowa District Court in and for Linn County, Probate No. AUTOMATION FEE
Pursuant to the authority and power vested in the undersigned, and in consideration of Ore Dollar and other
valuable consideration, the undersigned, in the representative capacity designated below, hereby C nvey to William E.
Boland Jr. and Verna Boland husband and wife as Joint Tenants with Full Rights of Survivorship, d not as Tenants in
Common, the following described real estate In Linn County, Iowa:
See attached Exhibit A.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the sl ular or rat nu b;
and as masculine or feminine gender, according to the context.
Dated: f�I�uary �a, I<?QS
FAIRFf r^yBANK
D
V 's,"Presidento
James C. Manville r— ca C)
fit ,V j"� �
.� cry C?
By
�
rrj
Title
As Tru *Q. nVtled estate or cause.
As Trustee in the above entitiecf�state or cause. ` iXf"
r.,`OUNTY,
tV Z C7
STATE OF IOWA, LINN ss:
� �
C7
On this 0� day of , 1995 before
"i.
me, the undersigned, a Notary Public in Sid for tt"tate otjowa,
personally appeared James C. Manville to me known to be the identical person named in and wh30executeikhe forbibing
Instrument, and acknowledged that such person, as
such fiduciary, executed the same as the voluntary act and deed dAuch
person and of such fiduciary.
A.
WILLIAM S. HOGNS"rTI.FR
MY COMMISSICN t:/1 5
�j/
d�...v�..
November 7, is 5
N ary Public
STATE OF IOWA, LINN COUNTY, ss:
On this day of 1- t>, ,,.._� v, 1995 before me, the undersigned, a Notary Public in and for said County and
said State, personally appeared David C. Neuhaus and , to me personally known, who being
by me duty sworn, did say that they are the President and respectively, of said corporation; that (Poi
erggr+tietsrllid) (the seal affixed thereto is the seal of said) corporation; that the Instrument was signed
(and sealed) on behalf of said corporation by authority of its Board of Directors; and that David C. Neuhaus and
acknowledged the execution of said instrument to be the voluntary act and deed of the corporation as
such fiduciary, by it, by them and as such fiduciary voluntarily executed.
II�III0�11�■��Ir
PA
MII Notary Pub112
Page 2 of 2
EXHIBIT A
NW 1/4 of the NE 1/4; and
SE 1/4 of the NE 1/4, lying north of Highway 149, except the
east 455 feet; and
North 2 rods (also described as the North 1 Acre) of the SW
1/4 of the NE 1/4; and
NE 1/4 of the SE 1/4 of the NW 1/4; and
NE 1/4 of the NE¢, except the east 455 feet, and except the
west 95 feet of the east 550 feet of the north 800 feet;
all in Section 9-82-8,
and exceptinq from all of the above the public highways.
APR 2 5 1995
RECORDER LIMN CO,, IOWA
;eq: 2
pOWMENT NO
R6cmlNG FEE'
AUa FET10N FEE
AUTOMATION
TAX PAW
STAMP 0
0.3
WARRANTY DEED — JOINT TENANCY
For the consideration of One O, - tt1.00) and otter valuable oonsidertlon, J_JAM -, Manvlike and Catharine
R. Manville do hereby Convey to X11 E, Botend. Jr. and Vema Boland. hu#blptd_ and wile, as Joint Tenants with Full
Rights of Survivorship, and not as Twtants In Common, the following dwx%ed read soft in Lim County, Maw&
The East 455 feet of the NE 1/4 of the NE 1/4, except the North 000 fast; and
The East 455 feet of the SE 1/4 of the NE 1/4 tying North of Highway 149 (rMa U.S. Highway 151); and
All that pout of the SE 1/4 of the NE 1/4 lying South of Highway 149 (rVk/a U.S. Highway I" at
=nnV
the SW corner SE 1/4 NE 1/4 Section 9, thence North 90` 00' East along the South lire SES NE 1
9, 623.20 fast; them North 0' S4' Weet 8N.90 hat to tie SE -y right of way line d Iowa Highway #N ti, Ah
61 °03' West along said right of way lute 700.00 het to the West line of SE 1/4 NE 1/4 said Section
South
{ �'
09 54' East along said Wast No 528.15 /set to the point of beginning.
all In Section 9.528,1-0;
and axceptkng from all of the above the public highways.
ZE
Subject to easements, restrictions, and coverarta of record.
The undersigned grantor, Catherine B. Manville, joins In this deed for the sola purpose of relinquishing her
right d dower, homestead and dstributive share In and to the above real estate.
Grantors do Hereby Covenant with grartsee, and succeasors In interest, that grantors hold the real estate by titins In
fee simple; that they have good and lawful authority to *ell and oorway the nal so**-, that the real estate, Is Free and Gear
of all t.tens and Encumbrances except as may be above sW d; and grantors Coverwt to Warrant and Defend the real estate
against the lawful claims of all persons saoept as may be above stated. Each of the undersigned hereby relinquishes all rights
of dower, homestaad arw dletrtbutiva shave in and to the reed *slept.
Words and phruss'feesin, ftiuding &*nowledgirnont hereof, shall be construed as In the singular or plural number,
and as maec Ane or feminine gander, according to the context.
STATE OF IOWA
es:
UI N COUNTY,
On this 6A day of #4o-yt&n Ie
190, before me the undersigned, a Notary Publk: in and for
sell State, personally appeared
powaft S. MMA WIM and W& to no own to be
the kW"kW"knpereom named In anal who executed the
foregoingit ratan wWacknmWgWth&ttheyeooecutedthe
same as their vokattaty M and deed.
-Notary Public
M" norm a Adoww"01"Wx for krd l" oramw(G) only)
paled: re,4,4.a,y G, 1991,r
t�lliyir..r `irAr
Catherine B. MauwNt0 Z
MT.
.-'� IANTI,