HomeMy WebLinkAboutRESOLUTION NO. 2015-95 RESOLUTION NO. 2015-95
RESOLUTION ENTERING INTO A DEVELOPMENT 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 Development Agreement.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax,
Iowa,to enter into this Development 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
Jas Rabe, Mayor
ATTEST:
Cy C is Stimson, City Clerk/Treasurer
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DEVELOPMENT 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 extending a
sanitary sewer trunk line and water main to and through the Property(the "Improvements").
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,Separate owners of land located north (upstream) of this Property have requested that
FAIRFAX extend the Improvements to serve their land in order to develop it, and as an inducement to OWNER to
execute this Agreement, FAIRFAX agrees to extend the Improvements to and through the OWNERS Property, and
to maintain said Improvements.
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. FAIRFAX will provide OWNER compensation at fair market value for easements on the
Property, or acquisition of property necessary to construct, use, maintain, and re-
construct the Improvements on the Property.
b. FAIRFAX will provide OWNER compensation for crop damages on the Property as a result
of constructing, maintaining, or re-constructing the Improvements on the Property.
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 construct the Improvements to and through the Property with sufficient
capacity to handle anticipated sanitary sewage and water supply needs generated by
development of the Property. FAIRFAX shall provide their best effort to have
Construction of the Improvements completed no later than September 15, 2017.
FAIRFAX will use its best efforts to diligently pursue all necessary approvals, easements,
right-of-way and permits to complete the Improvements.
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.
By / By
Jason Rabe, Mayor Owner
ATTEST: Verna I. Boland
By VW- (.1 Zi, /214'J'I'I By
ynthia Stimson,City Clerk/Treasurer Owner
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Exhibit"A"—Legal Description
SW X 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 X 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 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'A of the NE X; and
NE 'A of the SE 1/4 of the NW'A; and
NE 'A 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