HomeMy WebLinkAboutRESOLUTION NO. 2015-97 RESOLUTION NO. 2015-97
RESOLUTION ENTERING INTO AN ANNEXATION AGREEMENT WITH
GORDON C. SEVIG AND SHIRLEY A. SEVIG
WHEREAS, the City of Fairfax wishes to annex additional property into the city limits;
and
WHEREAS, Gordon C. Sevig and Shirley A. Sevig 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 Gordon C. Sevig and Shirley A. 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
Jas Rabe, Mayor
ATTEST: ���'�j
71/4/ 15
Cy thia Stimson, City Clerk/Treasurer `` QBE�'X• ,
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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 Gordon C. Sevig and Shirley A.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 Gordon C.Sevig
61
By /` By Q" ; c_... -e—,
Jason Rabe, Mayor Owner
ATTEST: Shirley A.Sevig
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By 6 ,t rl Nta��l l h ^1 By 44 &q A ,
ynthia Stimson,City Clerk/Treasurer owner
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Exhibit"A"—Legal Description
The SE 'A excepting Winifred's First Addition to Linn County, Iowa and the South 1/2 NE 1/4 Section 4-82-
8, Linn County, Iowa excepting all public highways