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Home My WebLink AboutRESOLUTION NO. 2015-96 RESOLUTION NO. 2015-96 RESOLUTION ENTERING INTO AN ANNEXATION AGREEMENT WITH MARDELLE HOLST, TRUSTEE OF THE MARDELLE MAE HOLST REVOCABLE LIVING TRUST, DATED MAY 10, 2008 WHEREAS, the City of Fairfax wishes to annex additional property into the city limits; and WHEREAS, Mardelle Hoist, Trustee of the Mardelle Mae Hoist Revocable Living Trust, dated May 10,2008, 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 Mardelle Hoist, Trustee of the Mardelle Mae Hoist Revocable Living Trust, dated May 10, 2008. 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 Jason' abe, Mayor ATTEST: 1 // ri / C thia Stimson, City Clerk/Treasurer ,or F c. n r a tJ • 71 c-c-,--; qui /' ', r 1,, 49.4400,' ,:d.-- ANNEXATION AGREEMENT THIS AGREEMENT is made and entered into on this Xc2 0,-- day of / 0-4,1' , 2015, by and between THE CITY OF FAIRFAX, IOWA("FAIRFAX"),and Mardelle Hoist,Trustee of the Mardelle Mae Hoist Revocable Living Trust,dated May 10, 2008 ("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, understands that per Iowa Code Section 368.7(1)(e), OWNER has the right to withdraw their consent to this annexation application within 3 business days after the public hearing for this annexation,which is scheduled to be held on Tuesday, November 24,2015. OWNER, In consideration to all set forth in this Agreement, specifically waives any right to withdraw its application pursuant to Iowa Code Section 368.7(1)(e). b. 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 MARDELLE HOIST,TRUSTEE OF THE MARDELLE MAE HOIST REVOCABLE LIVING TRUST, DATED MAY 10,2008 By !1� By '/7:71v44L / Mayor Owner ATTEST: � r / I 1y By ‘ H ,A City Clerk -nom JL4 i�,�•y A i Exhibit "A"—Legal Description The South Half(S 1/4)of the Northwest Quarter(NW 1/4)of Section Four(4), Township Eighty-two (82), Range Eight(8), except public highways W_ "HOME SWEET HOMO 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 South Half (S %) of the Northwest Quarter (NW %) of Section Four (4), Township Eighty-two (82), Range Eight (8), except public highways Owner #1 Owner #2 Name of Owner (type or print) Name of Owner (type or print) Mardelle Hoist, Trustee Mardelle Mae Hoist Revocable Living Trust dated May 10, 2008 Signature^^ of owner or authorizedagent: Signature of owner: Date of Signature: f 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: Page i of 3 III�luINl SIN IIIII�NI�II�I�IIIlN1�911111N11 � N( Doc ID: 013470080003 Type; GEN Recorded: 08/23/2008 at 12:08:14 PM Fee Amt: $22.00 Pape 1 of 3 InstrM 200800087748 Linn County Iowa JOAN MCCALMANT RECORDER 7009 PQ579-581 QUITCLAIM DEED See page immediately following this page for a) the name, address, and telephone number of the individual who prepared the document; b) the name of the taxpayer and complete mailing address for any document or instrument of conveyance; c) a return address; e) names of grantor and grantee and f) legal description of the property c(c) I (11Ct`n 1. SR- I InW Peen . zz cp I W2— Cal Iq 3%5 2— Cal►93%5 Book: 7009 Page: 579 Seq: 1 Page 2 of 3 Prepared by and return to: Derek A. Schryer DAVIS & CAMPBELL L.L.C. 401 Main Street, Suite 1600 Peoria, Illinois 61602 Voice: (309) 673-1681 Fax: (309) 673-1690 Email: daschryer@dcamplaw.com Mail tax bill and return to after recording: Nta ell Hoist Rura oute Au ust , IL 62311 QUITCLAIM DEED THE GRANTOR, Mardelle Hoist, a single person, of the Village of Augusta in the County of Hancock and State of Illinois far consideration of Ten Dollars ($10.00) and other good and valuable consideration CONVEYS and QUITCLAIMS to MARDELLE HOLST as Trustee under the Mardelle Mae Holst Revocable Living Trust dated May 10, 2008 as may be amended from time to time all interest in the following described real estate (the "Property"): The Northwest Quarter (NW 1/4) of Section Four (4), Township Eighty-two (82), Range Eight (8), except one and Two -Hundredths (1 2/100) Acres deeded to Martha Dougan, September 5, 1893, Filed September 7,1893, Volume 199, Page 127, of Records of Linn County, in Linn County, Iowa, described as follows: Beginning Three (3) Rods East of the Northwest Quarter (NW 1/4) of Section Four (4), Township Eight -Two (82), Range Eight (8), West of 5th P.M. and running thence West Three (3) Rods to the Northwest Corner of said Section; thence South Eighty (80) Rods; thence East Eighteen and one -Half feet (E 18'/2) to Center to the Public Highway now in use; thence North along the center of said highway and public road to place of beginning, And further excepting, A parcel of land in the North One -Half (N %) of the Northwest Quarter (NW 114) of Section 4-82-8 Linn County, Iowa, described as follows: Book: 7009 Page: 579 Seq:2 Page 3 of 3 Commencing at the North one-fourth (N 114) corner of said Section four (4); thence due South, 34.80 feet; thence South 59 degrees 17 minutes West, 919.7 feet to a point in the center of the public highway; thence South 0 degrees 20 minutes West, 38.52 feet to the Southeasterly line of the public highway, the point of beginning; thence South 0 degrees 20 minutes West 724.2 feet; thence North 89 degrees 40 minutes West, 1202.89 feet to the Southeasterly line of the public highway; thence North 59 degrees 17 minutes East along the Southeasterly line of the public highway, 1404,06 feet to the point of beginning, containing in all 10,00 acres. Subject to the covenants, restrictions and easements of record, and all applicable zoning laws and building ordinances relating to the Property. Subject to the general real estate taxes which are levied or assessed against the Property with respect to calendar year 2008, and subsequent calendar years. Exempt from Iowa Real Estate Transfer Tax pursuant to Iowa Code § 428A.2 (RI) The Grantor hereby releasing and waiving all rights under and by virtue of the Homestead Exemption Laws of the State of Iowa Dated: May 23, 2008. Mardelle Hoist, Grantor STATE OF ILLINOIS ) ) SS COUNTY OF HANCOCK ) I, the undersigned, a Notary Public in and for said County, in the and State of Illinois, hereby certify that Mardelle Hoist, a single person, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that Mardelle Hoist signed, sealed and delivered the said instrument as her free and voluntary act , for the uses and purpose s therein set forth. Given under my hand and official seal this�it* day of 2008. Notary Public SP,aY n49 :�� ' a "�'f, NADINE F. MAALOW aa�cu� MYGtlMM455tGNEkPtArti4 `�.SF".�',�� OGYOBEg19,2810 0 306 617 vepd �'ORSW Book: 7009 Page. 579 Seq: 3