HomeMy WebLinkAboutRESOLUTION NO. 2016-48 RESOLUTION NO. 2016-48
RESOLUTION APPROVING A TEMPORARY CONSTRUCTION
EASEMENT PURCHASE AGREEMENT BETWEEN THE CITY OF
FAIRFAX AND THOMAS J. ARP AND PATRICIA A. ARP FOR VACANT
GROUND LOCATED AT THE NORTHWEST CORNER
OF LOT 3, ARP'S MEADOWS FIRST ADDITION IN THE CITY OF
FAIRFAX, LINN COUNTY, IOWA
WHEREAS, City staff has negotiated a Temporary Construction Easement Purchase
Agreement (the "Agreement') with Thomas J. Arp and Patricia A Arp, Husband and Wife, for a
Temporary Construction Easement on certain vacant land located at the northwest corner of the
Lot 3 of Arp's Meadows First Addition in the City of Fairfax, Linn County, Iowa (Tax Identification
Number 200940101100000) for $200.00 and other valuable consideration contingent on Council
approval;
WHEREAS, the City intends on using the property for purpose of installing sanitary
sewer as part of the 2016 Sanitary Sewer Extension Project; and
WHEREAS, this Temporary Construction Easement shall terminate upon the City's
acceptance of the 2016 Sanitary Sewer 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. The Mayor is authorized to execute all documents necessary to acquire said property in
accordance with the Agreement.
Passed and approved this 31St day of May, 2016.
Council Member Kell moved the adoption of the Resolution; seconded by Council Member Volk.
AYES: Beer, Daly, Kell, Volk, and Wainwright_
NAYS: None
Marianne Wainwright, Mayo ro Tempore
o�pce®e®V
ATTEST:
Cy hia Stimson, City Clerk/Treasurer ? 4, -� •�
.� Y., bry i•�. . �,
-t es
TEMPORARY CONSTRUCTION EASEMENT
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This instrument made this —day of Q c , 2016, by Thomas J.
Arp and Patricia A. Arp, husband and wife, owner(s) (he einafter referred to as GRANTOR) of
the following described property:
Lot 3 of Arp's Meadows First Addition in the City of Fairfax, Linn County,
Iowa
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 sanitary sewer facilities
within the existing sanitary sewer easement on said property, 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 and crop damage at a total price of$200.00 for this temporary construction easement. The
Temporary Construction Easement is 0.15 acres.
The City of Fairfax, Iowa agrees to compensate the GRANTOR for this Temporary
Construction Easement as follows:
Temporary Sanitary Sewer ($200.00 one-time) $200.00
Construction Easement
(2016 Rent and crop damage)
The Easement will terminate upon the City of Fairfax's acceptance of the 2016 Sanitary
Sewer Extension Project contract.
The Easement and rights herein described shall be binding upon the Grantor, its heirs
and assigns.
Signed this day of - , 2016
THOMAS J. AND PATRICIA A. ARP
RANTOR: Thomas J. Arp Patricia A. Arp
STATE OF COUNTY OF
This instrument was acknowledged before me on the day of ]NA-i
,
2016 by Thomas J. Arp and Patricia A., husband and wife.
('i,,�jW-9blufi,
Not ry Public in and for the State
CYNTHIA K STIMSON
Notarial Seal - IOWA
001A Commission No. 128033
4,; viv commission Expires April 13,2019
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DRAWN BY: SRW HALL&HALL ENGINEERS,INC. SHEET J°
CHECKED BY: SRW City Of Lamdm imL WDevaopm tSl� 19.13 VrV/s 2016 SANITARY SEWER EXTENSION PROJECT TEMPORARY CONSTRUCTION EASEMENT
APPROVED BY: SRW 1860 BOYSON ROAD,HIAWATHA,IOWA 52233 �/ �� m
PHONE:(319)362-9548 FAX:(319)362-7595 EXHIBIT A t �y
DATE: 1/28/2016 TOM AND PAT ARP PROPERTY
AI R F AX CIVIL ENGINEERING•LANDSCAPE ARCHITECTURE
FIELD BOOK: N0. REVISION DESCRIPTION APPROVED DATE LAND SURVEYING 0 LAND DEVELOPMENT PLANNING www.halleng.com SCALE:1" = 40' PROJECT N0:6850-15-06 U