HomeMy WebLinkAboutRESOLUTION NO. 2016-46 f
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RESOLUTION NO. 2016-46
A RESOLUTION APPROVING A TEMPORARY CONSTRUCTION
EASEMENT PURCHASE AGREEMENT BETWEEN THE CITY OF
FAIRFAX AND WILLIAM E. BOLAND, JR. AND VERNA BOLAND
FOR VACANT GROUND LOCATED AT THE NORTHWEST CORNER
OF THE INTERSECTION OF HIGHWAY 151 AND 80TH STREET
WHEREAS, City staff has negotiated a Temporary Construction Easement Purchase
Agreement (the "Agreement') with William E. Boland, Jr. and Verna Boland, Husband and Wife,
for a Temporary Construction Easement on certain vacant land located at the northwest corner
of the intersection of Highway 151 and 80th Street (Tax Identification Number 200910100300000
and 200917700100000) for $27.00 and other valuable consideration contingent on Council
approval;
WHEREAS, the City intends on using the property for purpose of installing water main
as part of the 2016 Water Main Extension Project; and
WHEREAS, this Temporary Construction Easement shall terminate upon the City's
acceptance of the 2016 Water Main Extension Project; and
WHEREAS, the Agreement should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRFAX,
IOWA, THAT:
1. The Agreement, attached hereto and incorporated herein by reference, is approved.
2. Crop Damage Agreements for 2017 and 2018, attached hereto and incorporated herein by
reference, is approved.
3. The Mayor is authorized to execute all documents necessary to acquire said property in
accordance with the Agreement.
Passed and approved this 31 st day of May, 2016.
Council Member Beer moved the adoption of the Resolution; seconded by Council Member Daly.
AYES: Beer, Daly, Kell, Volk, and Wainwright
NAYS: None
Marianne Wainwright, Mayor K110 Tempore
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ATTEST:
Cy is Stimson, City Clerk/Treasurer k
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TEMPORARY CONSTRUCTION EASEMENT
This instrument made this day of , 2016, by William E. Boland, Jr. and Verna
Boland, husband and wife, owner(s) (hereinafter referred to as GRANTOR) of the following
described property:
The East 455 feet of the NE 1/4 of the NE 1/4, except the North 800 feet; and
The East 455 feet of the SE 1/4 of the NE 1/4 lying North of Highway 149 (n/k/a U.S.
Highway 151), all in Section 9, T82N, R8W of the 5th Principal Meridian, City of
Fairfax, Linn County, Iowa, and accepting from all of the above the public
highways. Subject to easements, restrictions, and covenants of record.
WHEREAS, the OWNER in fee simple of the real property known and described as set
out above is the GRANTOR, and
WHEREAS, the GRANTOR has agreed to give the City of Fairfax, Iowa a Temporary
Construction Easement for the purpose of grading and shaping upon a portion of the above real
property owned by the GRANTOR, and
WHEREAS, the GRANTOR has agreed to give the City of Fairfax, Iowa a Temporary
Construction Easement for the purpose of accessing and constructing water main facilities
within the adjacent Highway 151 and 80th Street Rights-of-way, for consideration of$1.00 duly
paid and acknowledged.
See Attached Exhibit `A'
THEREFORE, for the above consideration the GRANTOR hereby grants unto the City of
Fairfax, Iowa the Easement and rights herein described, which Easement and rights shall be
binding upon the GRANTOR.
The City of Fairfax, Iowa agrees to restore the easement area in a timely manner
included, but not limited to, the complete restoration of any structures modified as a requirement
of the construction, upon completion of the construction or repairs.
The City of Fairfax, Iowa agrees to compensate the GRANTOR one time (in 2016) for
rent at $300.00 per acre for this temporary construction easement; and one time (in 2017) for
crop damages in the amount of 67% of the value of the crop planted on this property in 2017;
and one time in (2018) for crop damages in the amount of 33% of the value of the crop planted
on this property in 2018. The Temporary Construction Easement is 0.09 acres, and the crop
damage area is 0.07 acres.
The City of Fairfax, Iowa agrees to compensate the GRANTOR for this Temporary
Construction Easement as follows:
Temporary Water Main ($300.00 for 0.09 Acres) $27.00
Construction Easement
(2016 Rent)
2017 and 2018 Crop Damages to be determined in 2017 and 2018.
The Easement will terminate upon the City of Fairfax's acceptance of improvement
contract.
The Easement and rights herein described shall be binding upon the Grantor, its heirs
and assigns.
Signed this day of , 2016
WILLIAM E. BOLAND, JR. AND VERNA BOLAND, HUSBAND AND WIFE
GRANTOR: William E. Boland, Jr. Verna Boland
STATE OF COUNTY OF
This instrument was acknowledged before me on the day of
2016 by William E. Boland, Jr. and Verna Boland, husband and wife.
Notary Public in and for the State
REQUEST FOR CROP DAMAGE PAYMENT
Owner(s) name& Payable to:_ William and Verna Boland _
Tenant(s)Name: N/A
Dates of Damages: 2016 Construction—2017 Planting Season
Legal description of land:
See attached Temporary Construction Easement Agreement and Exhibit "A"
Type of Crop:
Yield:
Price per Unit: (TO BE PAID AT 67% OF THE CROP PRICE)
Source of Market Value: Local Coop
Description or attached drawing of impacted area: (Please provide measurement of damaged crop
area.)
See attached Temporary Construction Easement Agreement and Exhibit "A"
_(Disturbed Crop Area of 3,167 SF, or 0.07 Acres)
Total compensation to be paid: $
APPROVALS:
Approved by: Signature: Date:
Owners Name(s):
Signature: Date:
Tenant Name(s):
Signature: Date:
REQUEST FOR CROP DAMAGE PAYMENT
Owner(s) name & Payable to: William and Verna Boland
Tenant(s)Name: N/A
Dates of Damages: 2016 Construction—2018 Planting Season
Legal description of land:
See attached Temporary Construction Easement Agreement and Exhibit "A"
Type of Crop:
Yield:
Price per Unit: (TO BE PAID AT 33% OF THE CROP PRICE)
Source of Market Value: Local Coop
Description or attached drawing of impacted area: (Please provide measurement of damaged crop
area.)
See attached Temporary Construction Easement Agreement and Exhibit "A"
(Disturbed Crop Area of 3,167 SF, or 0.07 Acres)
Total compensation to be paid: $
APPROVALS:
Approved by: Signature: Date:
Owners Name(s):
Signature: _ Date:
Tenant Name(s):
Signature: Date:
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