HomeMy WebLinkAboutRESOLUTION NO. 2016-05 RESOLUTION NO. 2016-05
RESOLUTION VACATING A PUBLIC ACCESS EASEMENT, A PRIVATE
ACCESS EASEMENT, AND A SANITARY SEWER EASEMENT, ALL PART OF
SOBASKI'S ADDITION IN THE CITY OF FAIRFAX, LINN COUNTY, IOWA
WHEREAS, a notice was duly given and a public hearing held as required by law, and
WHEREAS, The City of Fairfax, Iowa does possess a 60' wide public access easement and a 20 foot
wide Sanitary Sewer Easement, and there is also a 30 foot wide private access easement, all located on the
following described property:
Part of Lot 1, Lot 2, and Outlot A of Sobaski's Addition in the City of Fairfax, Linn County, Iowa
WHEREAS, Sobaski Real Estate, L.L.C. has requested the City of Fairfax vacate the public's interest
in and to said easements, and
WHEREAS, Sobaski Real Estate, L.L.C. has submitted an Access and Sanitary Sewer Easement
Vacation Exhibit and related documentation to the City of Fairfax, Iowa, dated February 4, 2016, and
WHEREAS, Hall and Hall Engineers, Inc. has reviewed said Access and Sanitary Sewer Easement
Vacation request by Sobaski Real Estate, L.L.C. and recommends the interests in said easement held by the
City of Fairfax is no longer necessary to serve the public interest and has further recommended said easement
be vacated.
NOW, THEREFORE BE IT RESOLVED,by the City Council of the City of Fairfax, Iowa, that the
Vacation of the 10 foot wide Utility Easement located on part of Lot 1, Lot 2, and Outlot A of Sobaski's
Addition in the City of Fairfax, Linn County, Iowa, is hereby acknowledged and approved on the part of the
City of Fairfax, Linn County, Iowa.
BE IT FURTHER RESOLVED, by the City Council of Fairfax, Iowa, that the Mayor and the City
Clerk/Treasurer are hereby authorized and directed to execute said Resolution.
Passed and approved this 9th day of February, 2016.
AYES: Beer, Daly, Volk, and Wainwright
NAYS: None
ABSENT: Kell
Burnell G. Frieden, Mayor
ATTEST:
?�X •,
C416a1114i)2‘t . -ct. ,4. +t'
hia Stimson, City Clerk/Treasurer I ; 4 c
o ac•
STEPHEN MICHAEL BRAIN, BRAIN ENGINEERING, INC., 1540 MIDLAND COURT NE, CEDAR RAPIDS, IOWA 52402 PH. (319) 294-9424
UTILITY EASEMENT
VACATION EXHIBIT
/ / \ ARP'S MEADOWS
/ / FIRST ADDITION
/ e"REBAR W/ALUMINUM /
66' / I.D.O.T.CAP 0.4'EAST -------- \
/ /
// s'5.70•
Cil
160, / Oy6"
-H F
> // //30' 2S9s''
r– / ,\ /
D / h / \
Z / ?�r
/ ► • 9, PROPERTY LINE AND
0 <LL 30'OFFSET LINE FROM 14s. APPROXIMATE
C //
/ /o m PROPERTY LINE �� CENTERLINE OF
-1 b�I UNNAMED TRIBUTAR
Fl / POB OF EXISTING 20'SANITARY SEWER I.
' EASEMENT TO BE VACATED �I�I•
/ R=1829.86' / �I•l
A=60.21'
/ EXISTING 20'SANITARY SEWER jj
/ CH=60.20' / R=85.00' EASEMENT TO BE VACATED �,t
/BEARING=N19°1309 E _. A=106.27' �/4
A=1°53'06" CH=99.49' ,I.sI
66' / -111111= BEARING=S18°11'00"E LOT '1 'I.1%
/ I�IIEIIIIII' 4=71'38'11" �I�� % 30'
,FIIIIII=IIII ki'N
/ 'so' =UiIIIEIIIIII= 0.19 Ac. iii`W
II 60'PUBLIC ACCESS IIIIEIIIIII=III�iI j
LEGAL DESCRIPTION
A 60-foot public access easement on Lots 1 and 2, Sobaski's Addition in the City of Fairfax as recorded in
Book 9207 Pages 403-419 described as follows:
Beginning at SW corner of said Lot 1;
thence NE-ly along the west line of said Lot 1 on an arc of 60.21 feet of a 1829.86-foot radius curve
to the right, having a chord length of 60.20 feet bearing N19° 13'09"E;
thence SE-ly on an arc of 106.27 feet of a 85.00-foot radius curve to the right, having a chord length of
99.49 feet bearing S18° 11'00"E;
thence SW-ly on an arc of 77.01 feet of a 1769.86-foot radius curve to the left, having a chord length of
77.00 feet bearing S16°23'18";
thence N70°25' 16"W, 60.17 feet to the west line of said Lot 2;
thence NE-ly along said west line of Lot 2 on an arc of 30.07 feet of a 1829.86-foot radius curve to the
right, having a chord length of 30.07 feet bearing N15°45'30"E to the Point of Beginning, containing 0.19
acres.
LEGAL DESCRIPTION
A 30-foot private access easement on Lot 2, Sobaski's Addition in the City of Fairfax as recorded in Book
9207 Pages 403-419 described as follows;
Commencing as a point of reference at the NW corner of said Lot 2;
thence S-ly along the west line of said Lot 2 on an arc of 30.07 feet of a 1829.86-foot radius curve to the
left, having a chord length of 30.07 feet bearing S15°45'30"W;
thence S70°25' 16"E, 60.17 feet to the Point of Beginning;
thence NE-ly on an arc of 30.07 feet of a 1769.86-foot radius curve to the right, having a chord length of
30.07 feet bearing N15° 37'43"E;
thence S70°25' 16"E, 161.03 feet;
thence S02°54' 19"W, 31.32 feet;
thence N70°25' 16"W, 167.94 feet to the Point of Beginning, containing 0.11 acres.
LEGAL DESCRIPTION
A 20-foot sanitary sewer easement on Outlot A and Lot 1, Sobaski's Addition in the City of Fairfax as
recorded in Book 9207 Pages 403-419 described as follows:
Commencing as a point of reference at the NW corner of said Lot 1;
thence S61° 00'46"E along the north line of said Lot 1, 259.51 feet to the Point of Beginning;
thence continuing S61° 00'46"E along the north line of said Lot 1, 23.19 feet;
thence S01°30'30"E, 50.52 feet;
thence S12° 02'40"W, 217.59 feet;
thence S81° 07'06"W, 82.34 feet;
thence S43° 19' 18"W, 81.62 feet to the west line of said Outlot A;
thence NO2° 54' 19"E along said west line, 30.85 feet;
thence N43° 19' 18"E, 64.98 feet;
thence N81° 07'06"E, 75.42 feet;
thence N12° 02'40"E, 201.45 feet
thence N01°30'30"W, 59.87 feet to the Point of Beginning, containing 0.19 acres.
Easement Vacation Approved by:
Sobaski Real Estate,
L.L.C.
By: tf.4., v►w A-G-E 2/51 J(t
Justi H. Sobaski, President/Treas. Date
By: 2/511(p
Zachary H. Sobaski, Date
Vice President/Sec.
STATE OF IOWA, COUNTY OF LINN)
This instrument was acknowledged before me on this S day of feeihr utav-
2016 by Justin H. Sobaski and Zachary H. Sobaski as President/Treasurer and Vice President/Secfetary of
Sobaski Real Estate, LLC
-)171MA4 INV
Notary Pu is in and for the State of Iowa
MARY ANNE BRAIN
Notarial Seal-Iowa
Commission No.729 8
Page 2 of 2 J My Commission Expires i :''
•
STEPHEN MICHAEL BRAIN, BRAIN ENGINEERING, INC., 1540 MIDLAND COURT NE, CEDAR RAPIDS, IOWA 52402 PH. (319) 294-9424
UTILITY EASEMENT
VACATION EXHIBIT
I / / \ ARP'S MEADOWS
/ / \ FIRST ADDITION
I / "REBARW/ALUMINUM / \\
66' / I.D.O.T.CAP 0.4'EAST --------_t. \
// 76p• / S67.pA6w
—IU) /
F2
/ //30' 6g5,7,
K / / A
z / ^ / •2
/ ►'79'
/ PROPERTY LINE AND
030'OFFSET LINE FROM I►V.
/ � *V.
•°) APPROXIMATE
X r PROPERTY LINE M 4,0, CENTERLINE OF
C J /' brISj UNNAMED TRIBUTAR
m /
0). POB OF EXISTING 20'SANITARY SEWER V
J' EASEMENT TO BE VACATED f'AI• 1
/ R=1829.86' / EXISTING 20'SANITARY SEWER /4.j4I
/ CH=60.20' / R=85.00' EASEMENT TO BE VACATED ; I
1 BEARING=N19°1309"E A=106.27' Is"
A,=1°53'06" ,=-'=i,G CH=99.49'
66' I INI BEARING=S18°1100"E LOT I v s�a,
rIII BIIIIk r1=71°38'11" $V 4•3 30'
1 ,=IIIIII=III pAA H
/ Iso• i=1l EIIIIIh 0.19 Ac. iii`W
V 60'PUBLIC ACCESS r1IIII-IIIIII=II j j a
==IIIIII=�"i% tog e LOTA
EASEMENT TO BE _ °
VACATED `�I"II-IImI=I�IV R=1769.86' 141/H ARP'S MEADOWS
POB OF 60'PUBLIC III=�IIII%=1 IP A=77.01' 4�;= FIRST
ACCESS EASEMENT TO ==IIIIII—IIIII" CH=77.00' I ADDITION /
BE VACATED —III BEARING=516°23'18W �I�I
'IIIIII- � _ =2°28'35" ►,S�
R=1829.86' ,SII'— =IIII�mik S 0.19 Ac. A���
A=30.07' �nl 607 =( 6%10.2,6, L1 (A# /
CH=30.07' NCO^26�' -li$• �6F 76 . tgisiA1� /
BEARING=N15°45'30"E 76 •yy 00
i�����C���V���%j�
=0°56'29" ' / I�I�I�I�I:����
j 30 N1p° 0.11 Aa .• N9 isi I:���07,06"E 8 34
/ 4to
',, 1d81°� 26.'6v6j� ygi1:1,,,
�
R=1769.86'
I A=30.07' y �'
CH=30.07 5V,
BEARING=N15°37'43"E
I
D=0°58'25"
POB OF 30'PRIVATE 30'PRIVATE
' ACCESS EASEMENT ACCESS EASEMENT
' TO BE VACATED TO BE VACATED O U TL O T A
I/ LOT2
0 50 100 200 SEE ATTACHED PAGE FOR LEGAL DESCRIPTIONS
1111=6...111111111==1111111 1
Parcel Line Table
OWNER: SOBASKI REAL ESTATE,L.L.C. SURVEYOR: BRAIN ENGINEERING,INC. Line# Length Direction
clo ZACH SOBASKI 1540 MIDLAND COURT NE IN-
5907 4TH STREET SW CEDAR RAPIDS,IOWA 52402 L 1 75.42 N81°07'06"E
CEDAR RAPIDS,IA.52404 319-294-9424
319-863-3841 L2 201.45 N12°02'40"E
NOTE:ALL MEASUREMENTS IN FEET AND DECIMALS THEREOF. L3 59.87 N1°30'30'W
"••'^"""""""""„".° I herebycertify thatthis land surveying document
°"""‘ LAND ""w,,,, and threlated survdey work was pefomed by me L4 30.85 N2°54'19"E
S°�O••.••••••••••••..••SG' or under my direct personal supervision and that
f€=7 STEPHEN
'':,� Sf he State licensed Land Land Surve or under the laws L5 50.52 S1°30'30'E
1 0•' MICHAEL ,o' 9 Date/
L6 64.98 N43°19'18"E
1 1 BRAIN ./! /7 /�
°°°*..• 9647 ;:* Ste en Michael Brain, L.S. L7 31.32 S2°54'19"W
My License Renewal Date Is December 31. 2016,
.'•,w IOwA License Number 9647 • FOUND 1/2"REBAR OR AS LABELED
'* � Pages or sheets covered by this seal: THIS PAGE ROB POINT OF BEGINNING
0 RECORDED AS
DATE OF SURVEY:2/04/14 YPC YELLOW PLASTIC CAP
� �
ride Drawn:
+• 7
,1—r
w o UTILITY EASEMENT BR ,' IN
C„. SMB 10/16/15
. 327
VACATION EXHIBIT Reviewed:
SCere
ENGINEERING, INC 1"=100' N°. Revision Dare
K\Shared Company\Proj\434315-30\FINAL PLAT\434315-30 EASEMENT VACATION EXHIBIT.dwg,12/8/2015 4:06:55 PM
LEGAL DESCRIPTION
A 60-foot public access easement on Lots 1 and 2, Sobaski's Addition in the City of Fairfax as recorded in
Book 9207 Pages 403-419 described as follows:
Beginning at SW corner of said Lot 1;
thence NE-ly along the west line of said Lot 1 on an arc of 60.21 feet of a 1829.86-foot radius curve
to the right, having a chord length of 60.20 feet bearing N19° 13'09"E;
thence SE-ly on an arc of 106.27 feet of a 85.00-foot radius curve to the right, having a chord length of
99.49 feet bearing S18° 11'00"E;
thence SW-ly on an arc of 77.01 feet of a 1769.86-foot radius curve to the left, having a chord length of
77.00 feet bearing S16°23' 18";
thence N70°25' 16"W, 60.17 feet to the west line of said Lot 2;
thence NE-ly along said west line of Lot 2 on an arc of 30.07 feet of a 1829.86-foot radius curve to the
right, having a chord length of 30.07 feet bearing N15°45'30"E to the Point of Beginning, containing 0.19
acres.
LEGAL DESCRIPTION
A 30-foot private access easement on Lot 2, Sobaski's Addition in the City of Fairfax as recorded in Book
9207 Pages 403-419 described as follows;
Commencing as a point of reference at the NW corner of said Lot 2;
thence S-ly along the west line of said Lot 2 on an arc of 30.07 feet of a 1829.86-foot radius curve to the
left, having a chord length of 30.07 feet bearing S15°45'30"W,
thence S70°25' 16"E, 60.17 feet to the Point of Beginning;
thence NE-ly on an arc of 30.07 feet of a 1769.86-foot radius curve to the right, having a chord length of
30.07 feet bearing N15°37'43"E;
thence S70°25' 16"E, 161.03 feet;
thence S02° 54' 19"W, 31.32 feet;
thence N70°25' 16"W, 167,94 feet to the Point of Beginning, containing 0.11 acres.
LEGAL DESCRIPTION
A 20-foot sanitary sewer easement on Outlot A and Lot 1, Sobaski's Addition in the City of Fairfax as
recorded in Book 9207 Pages 403-419 described as follows:
Commencing as a point of reference at the NW corner of said Lot 1;
thence S61° 00'46"E along the north line of said Lot 1, 259.51 feet to the Point of Beginning;
thence continuing S61° 00'46"E along the north line of said Lot 1, 23.19 feet;
thence S01°30'30"E, 50.52 feet;
thence S12°02'40"W, 217.59 feet;
thence S81°07'06"W, 82.34 feet;
thence S43° 19' 18"W, 81.62 feet to the west line of said Outlot A;
thence NO2° 54' 19"E along said west line, 30.85 feet;
thence N43° 19' 18"E, 64.98 feet;
thence N81° 07'06"E, 75.42 feet;
thence N12° 02'40"E, 201.45 feet
thence N01°30'30"W, 59.87 feet to the Point of Beginning, containing 0.19 acres.
Easement Vacation Approved by:
Sobaski Real Estate, L.LC
10/ 2/5/Ilr
Jus ' H. Sobaski, President/Treas. Date
By: - 2151,°
Zac ry H. Sobaski, Date
Vice President/Sec.
STATE OF IOWA, COUNTY OF LINN) r
This instrument was acknowledged before me on this - day of Reih ruallrq ,
2016 by Justin H. Sobaski and Zachary H. Sobaski as President/Treasurer and Vice President/Secretary of
Sobaski Real Estate, LLC
Yv1a =
Notary P lic in and for the State of Iowa
MARY ANN L
Notarial Sea;
Commission No.
L
Commission Expires_ ill"'
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