HomeMy WebLinkAboutRESOLUTION NO. 2015-98 RESOLUTION NO. 2015-98
RESOLUTION ENTERING INTO AN AGREEMENT TO INCLUDE
AGRICULTURAL LAND IN THE CITY OF FAIRFAX URBAN RENEWAL
AREA 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 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 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
I
Jaso Rabe, Mayor
ATTEST:
Cy is Stimson, City Clerk/Treasurer /0,k NX ,
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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 Gordon C. Sevig, and Shirley A. Sevig, husband
and wife (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 D day of dove*i2015.
By , & By
'Gordon C. Sevig, Owner Shirley A. Sevig,Ower
Fairfax419915-22/Ur Ag Land
EXHIBIT A
Legal Description of the Property:
The SE '/4 excepting Winifred's First Addition to Linn County, Iowa and the South '/2 NE 1/4
Section 4-82-8, Linn County,Iowa excepting all public highways