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HomeMy WebLinkAboutRESOLUTION NO. 2016-51 RESOLUTION NO. 2016-51 RESOLUTION APPROVING A DEAL ESTATE PURCHASE AGREEMENT BETWEEN 'THE CITY OF FAIRFAX AND DEBRA GAIL DOTTY AND KARLE DAE CROSS FOR VACANT GROUND LOCATED NORTHERLY OF 96 W. CEMETERY ROAD WHEREAS, City staff has negotiated a Real Estate Purchase Agreement (the "Agreermenf) with Debra Gail Doty and IKairle Dae Cross for certain vacant land located northerly of 96 W. Cemretery Read (Tax Identification Numbers 200915100700000) for $1.00 and other valuable consideration contingent on Council approval; WHEREAS, the City intends on using the Iproperty for (purpose of installation and maintenance of a sanitary sewer main lire and trail improvement; and WHEREAS, the Agreement should be approved. NOW, THEREFORE, 6E 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 4111 documents necessary to acquire said property in accordance with the Agreement: Passed and approved this 0111 day of May, 2015. Council Member bell moved the adoption of the (Resolution; seconded by Council Member Daly. AYES: Beer, Daly, Kell, Volk, and Wainwright NAYS, None -- , Marianne Wainwright, Mayor 2 o Tempore ATTEST: IA Cy hia Stimson, City Clerk(Treasurer CL r Cc , 0 � �119ee91@NII+ REAL ESTATE PURCHASE AGREEMENT THIS REAL ESTATE PURCHASE AGREEMENT ("Agreernent) is made and entered into as of the date last written below ("Effeaive Date) between Debra Gail Doty, a single person, and Karle Dae Cross, a single person ("5ellei ),and City of Fairfax, an Iowa municipal corporation ('fly7ee). In consideration of the covenants and agreements contained herein,the parties agree as follows: 1. PREMISES. Seller shall sell to Buyer and Buyer shall purchase from Seller certain real property in Linn County, Iowa and legally described as follows: PART OF LOT 2,JAMES,KURTZ'S SECOND ADDITION TO FAIRFAX, LINN COUNTY, IOWA AS RECORDED IN BOOK 1900, PACE '202 IN THE OFFICE OF THE LINN COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH 103 FEET OF SAID LOT 2; THENCE N2'24'16"W 387.82 FEET ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE 5TH PRINCIPAL MERIDIAN AND THE WEST LINE OF SAID LOT 2; THENCE S12'44'06"E 264.90 FEET; THENCE S28'15'12"E 142,56 FEET TO THE NORTH LINE OF SAID SOUTH 103 FEET; THENCE S88009'44"W 109.66 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING. I I all as shown in the acquisition plat attached as Exhibit"A'and incorporated herein by reference. (the "Fee 5imple Parcel') AND EASEMENT An easement for ingress and egress for the purpose of access by Buyer to the sanitary sewer line and trail improvements to be constructed by Buyer on the aforementioned real property as more particularly described in Exhibit "B", attached hereto and incorporated herei n by reference (the "Easement') (the Fee Simple Parcel and the Easement collectively,the "Real Fstater'). The Real Estate is being conveyed free of liens and encumbrances but subject to zoning and other ordinances, covenants of record and easements of record. Buyer's lnitials,,/, — 1 Seller's Initials: Included with the Real Estate shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the Real Estate,whether attached or detached. Included in the Real Estate should be all of Seller's right,title and interest to any leases, surveys, blueprints, drawings,plans and specifications,environmental studies or reports for or with respect to the Real Estate and Seller's possession. 2. PURCHASE PRICE AND MANNER OF PAYMENT. The total purchase price ("Purchase PrJce) to be paid for the Real Estate shall be the sum of One Dollar and 00/00 ($1.00) plus or minus prorations allocated at the time of the Closing Date as provided herein. Buyer shall also provide the services described in Section 19 below.The Purchase Price shall be paid as follows: Buyer shall pay the Purchase Price in cash or certified funds at Closing. 3. CONTINGENCIES.This offer is contingent upon the satisfaction of the following items: A. Approval of the Acquisition Plat(s) of the Real Estate, by Buyer and the County of Linn in sole discretion of both parties; B. Buyer securing binding written commitments for the sale of real property adjoining, adjacent or in near proximity to the Real Estate all for the purpose of construction of a sanitary sewer main extension and future trail improvement project across said adjoining real property. The amount and extent of the adjoining, adjacent or near in proximity real property shall be determined by Buyer in its sole and absolute discretion. C. Approval of this Agreement by the City Council for the City of Fairfax. Promptly upon execution of this Agreement the Buyer shall, at its sole cost and expense, proceed diligently and in good faith to satisfy the conditions set forth above and to release such conditions or to have them on or before "Closing" (as hereinafter defined) ("CbntingencyDatd') except as otherwise noted below. In the event the above contingencies have not been released or satisfied by the Contingency Date, then if it is likely that the conditions can be satisfied within a relatively short period thereafter,the Buyer may extend the contingency period for up to ninety (9 0) additional days by giving written notice to the Seller. if Buyer does not provide Seller with a release or satisfaction of the contingencies on or before the Contingency Date or a permitted extension, then this Agreement shall become null and void and all earnest money shall promptly be returned to Buyer. Upon execution of this Offer to Buy, Seller agrees that, upon Buyer's request, Seller will reasonably cooperate with Buyer to subdivide the Real Estate. Such cooperation shall include, but is not limited to, signing such applications, consents or other documents and performing such other actions as may be required by the City or other governmental agencies. Buyer shall be solely responsible for all application fees and other costs for Buyer's fnitials:�L� 2 Seller's Initials; 1 compliance with the requirements of governmental agencies, Upon Buyer's request for Seller's cooperation, Seller shall so cooperate within a commercially reasonable period of time. If the Seller's failure to respond within such period causes delay in the Buyer obtaining necessary approvals or consents,the contingency date and closing date may be extended for the same period of time of the delay that was caused by Seller's failure to cooperate. Notwithstanding any provision in this paragraph, Buyer shall not record any subdivision, survey, zoning or other instruments or take any action that may affect the Real Estate until the Purchase Price for the Real Estate is paid and title to the property passes to Buyer. 4. REAL ESTATE TAXES,. Seller shall pay all real estate taxes that are due and payable as of the date of Closing and constitute a lien against the Real Estate,including any unpaid real estate taxes for any prior years. Seller shall pay their prorated share, based upon the date of Closing, of the real estate taxes for the fiscal year in which Closing occurs due and payable in the subsequent fiscal year Buyer shall be given a credit for such proration at closing based upon the last known actual net real estate taxes payable according to public record. However, if such taxes are based upon a partial assessment of the present property improvements or a changed tax classification as of the date of possession,such proration shall be based on the current millage rate,the assessed value, legislative tax rollbacks and real estate tax exemptions that will actually be applicable as shown by the Assessor's Records on the date of possession. Buyer shall pay all subsequent real estate taxes. 5. SPECIAL ASSESSMENTS. Seller shall pay in full at time of closing all special assessments which are a lien on the Real Estate as of the Closing Date and any preliminary or deficiency assessment. Any preliminary or deficiency assessment which cannot be discharged by payment shall be paid by Seller through an escrow account with sufficient funds to pay such liens when payable, with any unused funds returned to Seller. Buyer shall pay all special assessments which become a lien on the Real Estate after the Closing Date. 6. ABSTRACT AND TITLE. Seller shall obtain an abstract of title to the Real Estate, continued through thirty(30) days of the Effective Date and deliver it to Buyer's attorney for examination. The abstract of title shall show marketable title in Seller in conformity with this Agreement, Iowa law,and title standards of the Iowa State Bar Association., Seller shall make every reasonable effort to promptly perfect title.The abstract shall further show no covenants,restrictions or easements of record that prevent the Buyer from installing a sanitary sewer service line and trail improvement. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving g ten days written notice to the other party. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller. The abstract shall be obtained from an abstracter qualified by the Title Guaranty Division of the Iowa Housing Finance Authority. Nothing in this paragraph shall relieve Seller from the obligation to convey merchantable title to Buyer at the time of the Closing Date. Buyer shall reimburse Seller for the cost of extending the abstract of title. Buyer's Initials: 3 Seller's Initials: 7. POSSESSION AND CLOSING DATE. The closing on this transaction and transfer of possession of the Real Estate shall occur June 15, 2016 ("Closing DaW or "Closing") subject to Buyer's and Seller's full performance of their respective obligations under this Purchase Agreement and the satisfaction of any conditions herein. Any adjustments of taxes,interest and all charges attributable to the Seller's possession shall be made as of the date of Closing. Closing shall beat the time and location selected by Buyer, or at such other time and place as the Buyer and Seller may agree. This transaction shall be considered closed upon the delivery of the title transfer documents to Buyer, and Seller's receipt of all funds then due at closing from Buyer under this Agreement. Seller agrees to permit Buyer to inspect the Real Estate within 48 hours prior to the Closing Date to assure that the premises are in the condition required by this Agreement. Buyer shall be entitled to possession at Closing. 8. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or damage to the Real Estate prior to the closing. In the event of substantial damage prior to closing, this Agreement shall be null and void unless otherwise agreed in writing by the Buyer and Seller. The Real Estate shall be deemed substantially damaged or destroyed if it cannot be restored to its present condition on or before the Closing Date or within thirty (3)0 days after the Closing Date, in which event the closing and transfer of possession shall be reasonably delayed, up to thirty (30) days,in order to allow completion of the repairs and restoration. Provided,however,in the event of substantial damage or destruction that cannot be repaired by the Closing Date or within thirty 1(30) days thereafter, Buyer shall have the right to complete the closing and to have the Seller apply as much of the insurance proceeds as are necessary to prepare and restore the Real Estate. Until the Closing Date, Seller agrees to maintain existing insurance coverage on the Real Estate and Buyer may purchase additional insurance, 9. ENVIRONMENTAL MATTERS. Except as provided below, Seller warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites,"Hazardous Materials" (as hereinafter defined) in violation of any"Environmental Law" (as hereinafter defined), or underground storage tanks located on the Real Estate,the Real Estate does not contain levels of radon gas that require remediation under current governmental standards, and Seller has done nothing to contaminate the Real Estate with Hazardous Materials, Except as provided below,Seller warrants that the Real Estate is not subject to any local,state, or federal judicial or administrative action, investigation or order, as the case may be,regarding wells, solid waste disposal sites, Hazardous Materials, or underground storage tanks. Seller shall also provide Buyer with a properly executed Groundwater Hazard Statement showing no wells, solid waste disposal sites, Hazardous Materials and underground storage tanks on the Real Estate. The term "Environmental Law"means any federal, state or local law, statute, ordinance, regulation or order pertaining to health,industrial hygiene, environmental conditions or'Hazardous Materials" (as hereinafter defined), all as amended or modified from time to time,including but not limited to,the Comprehensive Environmental Buyer's Initials: 4 Seller's Initials: Response, Compensation and Liability Act of 1980 (42 U.S.C. §9601,et seq),as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. §9601-9675) and as further amended ("CERCLA"); the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C.§6901,et seq) ("RCRA");the Clean Water Act, as amended (33 U.S.C. §1251, et seq.); the Clean Air Act, as amended (42 U.S.C.§7401,et seq.);the Federal Insecticide, Fungicide and Rodenticide Act, as amended (7 U.S.C.§136,et seq.);the Toxic Substance and Control Act of 1976,as amended (15 U.S.C. §2601, et seq.); and Emergency Planning and Community Right to Know Act of 1986,as may be amended from time to time (42 U.S.C. §11001 to 11050). The term'Hazardous Material" shall mean (j) "hazardous substances," as defined by CE'RCLA; (ii) "hazardous wastes,"as defined by RCRA; (iii) petroleum or petroleum products or by-products; (iv) radioactive material, including, without limitation,any source, special nuclear, or by-product material,as defined in 42 U.,S.C. §2011 et seq.; (v) asbestos in any form or condition; (vi) polychlorinated biphenyls; (vii) biomedical wastes; (viii) mold,mold spores, and mycotoxins, (ix) chlorinated solvents and (ix) any other material,substance or waste regulated under any Environmental Law as being hazardous,toxic or otherwise harmful to human health or the environment. 10, NOTICE. Notices required, permitted,or otherwise given under this Agreement shall be in writing and shall be deemed effective if given to the individuals named below. Notice shall be deemed given upon receipt of personal service,or upon mailing by first class mail,certified with restricted delivery, return receipt requested,to the address provided below: To Buyer: To Seller: City of Fairfax Attn: Mayor Frieden 525 Vanderbilt Street P.O. Box 337 Fairfax, Iowa 52228 With a copy to: Simmons Perrine Moyer Bergman PLC Attn: Matthew J. Hektoen 115 3rd Street SE,STE 1200 Cedar Rapids, Iowa 52401 11. BROKERAGE. Neither party has used the services of a real estate agent or broker in connection with this transaction. Each party agrees to indemnify and save harmless the other party from and against all claims,costs,liabilities and expense (including court costs and reasonable attorney's fees) incurred by the other party as a result of a breach of this representation,which shall survive closing. 12. DEED. Upon payment of the Purchase Price at the time of closing, Seller shall convey the Real Estate to Buyer by Warranty Deed and the Easement, free and clear of all liens, restrictions,and encumbrances except as provided in this Agreement. General Buyer's Initials: - 5 Seller's Initials: warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by Buyer. 13. STATEMENT ASTO LIENS,. If Buyer intends to assume to take subject to a lien on the Real Estate,Seller shall furnish Buyer with a written statement prior to closing from the holder of such lien,showing the correct balance due. 14. USE OF PURCHASE PRICE. At time of settlement,funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 15. REMEDIES OF THE PARTIES. In the event either party breaches this Agreement, the other.party is entitled to utilize,any and all remedies or actions at law or in equity available to them and shall be entitled to obtain a judgment for costs and attorney's fees as permitted bylaw. 16. GENERAL PROVISIONS,. The following general provisions govern this Agreement: A. No waivers. The waiver by either party hereto of any condition or the breach of any term, covenant,or condition herein contained shall not be deemed to be a waiver of any other condition or of any subsequent breach of the same or of any other term, covenant, or condition herein contained. B. Time of Essence. Time is of the essence in this Agreement. C. Governing Law. This Agreement is made and executed under and in all respects to be governed and construed by the laws of the State of Iowa. D. Invalidity. If for any reason any term or provision of this Agreement shall be declared void and unenforceable by any court of law or equity it shall only affect such particular term or provision of this Agreement and the balance of this Agreement shall remain in full force and effect and shall be binding upon the parties hereto. E. Complete Agreement. All understandings and agreements heretofore existing between the parties are merged into this Agreement that alone fully and completely expresses their agreement. This Agreement may be changed only in writing signed by both of the parties hereto and shall apply to and bind the successors and assigns of each of the parties hereto and shall not merge with the deed delivered to Buyer at closing. F. Counterparts. This Agreement may be executed in a number of identical counterparts,which taken together, shall cause it to be collectively one Agreement. In making proof of this Agreement,it shall not be necessary to produce Buyer's Initials-.0:7- 6 Seller's Initials. or account for more than one such counterpart with each party's signature. An electronically-transmitted copy of an executed counterpart this agreement shall be deemed an original. G. No Presumption Against Drafter. This Agreement has been freely negotiated by both parties. In any controversy, dispute, or contrast over the meaning, interpretation,validity,or enforceability of this Agreement or any of its terms or conditions,there shall be no inference,presumption or conclusion drawn whatsoever against either party by virtue of that party having drafted this Agreement or any portion thereof. 17. CERTIFICATION. Buyer and Seller each certify that they are not acting, directly or indirectly,for or on behalf of any person,group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person" or any other banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control;and are not engaged in this transaction,directly or indirectly on behalf of, any such person,group, entity or nation. Each party hereby agrees to defend, indemnify and hold harmless the other party from and against any and all claims, damages,losses, risks, liabilities and expenses (including attorney's fees and costs) arising from or related to my breach of the foregoing certification. 18. ACCEPTANCE. If this Agreement is not signed by Seller by at 5:00 p.m., this Agreement shall terminate without further action by the parties. 19. SANITARY SEWER EXTENSION. The Buyer shall install three (3) sanitary sewer service stubs from the sanitary sewer main line to be installed by Buyer on the Fee Simple Parcel the location and specifications of which maybe determined by the Buyer in its sole and absolute discretion. The Buyer shall waive the cost of installing the sanitary service stubs to Lot 2,James Kurtz's Second Addition to Fairfax,Iowa,excepting therefrom the South 103 feet thereof and further excepting therefrom the Real Estate (the "Parent Parcel'). To the extent Seller desires to do so Seller shall be fully responsible for extending the sanitary sewer service lines) from the then-existing stubs to Seller's future building(s). The Buyer shall waive all customary sanitary sewer hookup fees charged by the Buyer with respect to the Parent Parcel. Buyer's Initials: 7 Seller's Initials: t(..;x-,, 47 VS-�) SELLERS: BUYER: CITY OF FAIRFAX � y x Debra Gail Doty r Date s ';J Date ✓' t' Karle Dae Cross Date: Buyer's Initials: $ Seller's Initials: EXHIBIT"Bre Prepared by Matthew J,.Hektoen,Sirnmans Perrine Mayer Bergman PLC and return to 115 Third St.SE.Suite 120C.Cedar RaDids 319-3_66-7641 ACCESS EASEMENT AGREEMENT This Easement Agreement ("Agi-eemene') is made as of the 3'1 day of 2016, by and between Debra Gail Doty, a single person, and Karle Dae Cross, a single person ("Grdnto?), and City of Fairfax, an Iowa municipal corporation("Gh7nteesl). RECITALS A. Grantor is the legal titleholder to real estate legally described as follows: Lot 2,James Kurt 's Second Addition to Fairfax,Iowa, excepting therefrom the South 103 feet thereof and further excepting the following legally described real estate: PART OF LOT 2,JAMES KURTZ'S SECOND ADDITION TO FAIRFAX, LINN COUNTY, IOWA AS RECORDED IN BOOK 1900, PACE 202 IN THE OFFICE OF THE LINN COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH 103 FEET OF SAID LOT 2; THENCE N2'24'1 6"W 3 87.82 FEET,ALONG'THE WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE 5TH PRINCIPAL MERIDIAN AND THE WEST LINE OF SAID LOT 2; THENCE S12'44'06"E 264.90 FEET; THENCE S28"1512"E 142.56 FEET TO THE NORTH LINE OF SAID SOUTH 103 FEET; THENCE 588409'44"W 109.66 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING. .Parcel r). B. Grantee is the legal titleholder of real estate legally described as follows: PART OF LOT 2, JAMES KUR'TZ S SECOND ADDITION TO FAIRFAX, LINN COUNTY, IOWA AS RECORDED IN BOOK 1900; PAGE 202 IN THE OFFICE OF THE LINN COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH 103 FEET OF SAID LOT 2 THENCE N2'24'1 6"W 387.82 FEET ALONG THE WEST LINE OF THE SOUTHWEST QUARTER.OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 82 NORTH,RANGE 8'WEST OF THE 5TH PRINCIPAL MERIDIAN AND THE 'WEST LINE OF SAID LOT 2; THENCE S12°44'06"E 264.90 FEET; THENCE S28°15'12"E 142.56 FEET TO THE NORTH LINE OF SAID SOUTH 103 FEET; THENCE S8$009'44"W 109.66 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING. ("Parcel Z}. C. Grantee is the holder of easement rights respecting real estate adjoining Parcel 1,which real estate is legally described as follows: PART OF THE SOUTHEAST QUARTER OF'THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 82 NORTH,RANGE 8 WEST" OF THE 5TH PRINCIPAL .MERIDIAN, LINN COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID NORTHWEST QUARTER; THENCE S2°24'16"E 583.25 FEET ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID NORT14WEST QUARTER TO THE APPROXIMATE CENTERLINE OF AN UNNAMED CREEK; THE FOLLOWING 10 COURSES RUN ALONG THE APPROXIMATE CENTERLINE OF AN UNNAMED CREEK;THENCE N47'°13'06"W 48.29 FEET; THENCE N39050'54"W 43.17 FEET;N11 30'09"W 142.86 FEET; THENCE N8°34'16'''E 51,32 FEET; THENCE N8'50'48"W 78.59 FEET;THENCE N22'27'13"W 66.48 FEET; THENCE N34°00'12"'W 70.02 FEET; THENCE N4°I5'45"W 47.23 FEET; THENCE N32°46'02"W 31.60 FEET; THENCE N201p35'51"W 53.47 FEET TO THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID NORTHWEST QUARTER; THENCE NT88°18'24"E 175.62 FEET ALONG SAID NORTH LINE TO POINT OF BEGINNING. AND PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9,TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE 5TH PRINCIPAL MERIDIAN, LINN COUNTY", IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER; THENCE S88°18'24"W 46,93 FEET ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER TO THE POINT OF BEGINNING; THENCE CONTINUING S88'1 824"W 128.74 FEET ALONG SAID SOUTH LINE TO THE APPROXIMATE CENTERLINE OF AN UNNAMED CREEK; THE FOLLOWING 26 COURSES RUN ALONG THE APPROXIMATE CENTERLINE OF AN UNNAMED CREEK; THENCE N20"35'5 1"W 21.57 FEET; THENCE N38'42'28"E 28.60 FEET; THENCE N16`08'07"W 59'.84 FEET:; THENCE N37"57'22"W 51.12 FEET; THENCE N6040'47"W 41.61 FEET; THENCE NO'22'1 1"W 40.69 FEET; THENCE N45'32'08"W 40,87 FEET; THENCE N19'47'05"W 65.23 FEET;THENCE N3'02'49"W 50.40 FEET; THENCE N1 1 Q1 5'51"W 62.99 FEET; THENCE N23'00'57"W 61.20 FEET; THENCE N39"50'41"W 34.24 FEET THENCEN23"3517W 67.25 FEET; THENCE N8'42,55"E 43.09 FEET; THENCE N21019'46"'W 85.65 FEET; THENCE N21°29'20"E 22.70 FEET; THENCE N48"20'10"W 3434 FEET; THENCE N18'55'49"W 59,67 FEET; THENCE N25Q48'24"W 89.50 FEET; THENCE NI"20'06"E 39.90 FEET; THENCE N24'1 1'59"W 58.20 FEET;THENCE N7'15'02"W 60.64 FEET; THENCE NI 5'48'30"W 65.89 FEET; THENCE N46020'22"W 59.01 FEET; THENCE N33'51'28"W 63.02 FEET; THENCE N6026'43"W 135.89 FEET TO THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER; THENCE N98"10'2811E 127.82 FEET ALONG SAID NORTH LINE; THENCE S 171 4'59"E 369.89 FEET; THENCE S 1 7136'45"E 359.84 FEET;THENCE S18'16'50"'E 359.71 FEET; THENCE S18'28'51"E 294.32 FEET TO THE POINT OF BEGINNING. (-Parcej,r). D. The parties have agreed regarding an access easement in favor of Parcel 2 and Parcel 3,as more fully set forth below. FOR VALUABLE CONSIDERATION, the receipt and sufficient of which is hereby acknowledged,the parties agree as follows: 1. Easement for Ingress and Egress Grantor hereby grants to Grantee a perpetual, non-exclusive easement (the"Access Easement') for the benefit of Parcel 2 and Parcel 3 and the owners thereof,for vehicular and pedestrian ingress and egress to and from Parcel 2 and Parcel 3 over, upon and across (i) the easterly thirty (30) feet and northerly thirty(30) feet of Parcel 1 (the "E.7sement Corridor"), 2. Shared Use. The owners of Parcel 1 and the owners of Parcel 2 and Parcel 3 shall each have the right to use the Access Easement for the purposes set forth herein, and for any other purpose not inconsistent with the rights of the other party to use said Access Easement. Neither party shall make use of the Access Easement which will materially interfere with the use of said Access Easement by the other, or any other par-ties with access rights over the Access Easement. 3. Barriers. Except as may be reasonably necessary on a temporary basis, no walls, fences,gates, barriers or other improvements of any sort or kind shall be constructed or maintained in or on the Access Easement or any portion thereof by either party,which shall prevent or impair the use or exercise of the Access Easement, or the free access and movement,,including,without limitation, of pedestrian and vehicular traffic, over the Access Easement to Parcel 1,Parcel 2 or Parcel 3, 4. Covenants Running with the Land. The right to use and exercise the rights and easements herein contained shall run with the land and inure to and be for the benefit of the parties hereto,their successors and assigns, and tenants, subtenants, licensees, mortgagees in possession,and invitees of such parties; and shall bind every person or entity having any fee, leasehold or other interest in any portion of Parcel 1, Parcel 2 and Parcel 3 at any time or from time to time to the extent that such portion of those Parcels is affected or bound by such easements, or any other term or covenant of this Agreement, 5. Appurtenant Easement.and Right , Except as otherwise provided herein, each and all of the easements and rights granted or created herein are appurtenances to the affected portions of Parcel 1, Parcel 2 and Parcel 3 and none of the easements and rights may be transferred,assigned or encumbered except as an appurtenance to such portions. 6. Miscellaneous. (a) Obli ations of Agreement. Except as otherwise provided herein, each g,_ and every covenant,undertaking, condition, easement, right, privilege and restriction made, granted or assumed, as the case may be, by any party to this Agreement, is made by such party for the personal benefit of the other parties hereto. Any transferee of either Parcel 1 or Parcel 2, or any portion thereof, shall automatically be deemed,by acceptance of title to such parcel,to have assumed all the obligations of this Agreement relating thereto,but only to the extent such obligations of this Agreement accrue after the effective date of such transfer of title,. (b) Amendment and Modification or Termination. This Agreement may be amended by, and only by, a written agreement signed by all of the parties that are then subject hereto and shall be effective only when recorded in Linn County, Iowa. (c) Governing Law. This Agreement shall be construed in accordance with the laws of the State of Iowa. (d) Headings, Construction of Terms. The headings in this Agreement are for convenience only, shall in no way define or limit the scope or content of this Agreement, and shall not be considered in any construction or interpretation of this Agreement or any part thereof.Words and phrases herein,including the acknowledgment hereof,shall be construed as in the singular or plural number,and as masculine, feminine or neuter gender, according to the context., 7. Constructive Notice. The parties shall take all reasonable steps necessary to insure that their respective successors, assignees,transferees, and occupants have knowledge of all the terms and conditions of this Agreement. GRANTOR GRANTEE CITY OF FAIRFAX By: 44 D6bra Gail Doty Date; ate; karle Dae Cross STATE OF IOWA ss. COUNTY OF LINN This instrument was acknowledged before me this &y of-OaKe 2016 by Debra Gail Doty and Karle Dae Cross,both single persons- IPA -1 N ary Public Itommission Expires: 9 STATE OF IOWA CYNTHIA K STIMSON W- Notarial Sew- iowA IDWA 3 COUNTY �OF LINN Commission No.128033 EMy Commission Expires April 111:3,2019 This instrument was acknowledged before me this day of 2016 by Not Public p,hd CYNTHIIA K STIMSON My ornrrLission Empires: Notarial Seal - IOWA IOWA Commission No.128433 My commission Expires April 13,2019 Doc ID: 022414350002 Type: GEN Recorded: 07/25/2016 at 02:59:06 PM Fee Amt: $17.00 Page 1 of 2 Linn County Iowa JOAN MCCALMANT RECORDER BK960OPG307-308 Prepared by: David J. Bright Simmons Perrine Moyer Bergman PLC 1150 5th Street, Suite 170 Coralville, IA 52241 (319)354-1019 FAX (319) 354-1760 Address tax statement and after recordin.g reborn to: Ciba of Fairfax, PO Box 337, Fairfax, IA 52228 7TARRANTY DIEED In consideration of one dollar and other valuable consideration, Debra Gail Doty, a single person, and Karle Dae Cross, a single person, do hereby transfer and convey to City of Fairfax, an Iowa municipal corporation, all of their right, title and interest in real estate located in Linn County, Iowa, legally described as follows: Parcel A, Plat of Survey No. 2082, as recorded in Book 9590, Page 76 of the records of the Linn County, Iowa Recorder on July 13, 2016, also described as: PART OF LOT 2, JAMES KURTZ'S SECOND ADDITION TO FAIRFAX, LINN COUNTY, IOWA AS RECORDED IN BOOK 1900, PAGE 202 IN THE OFFICE OF THE LINN COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH 103 FEET OF SAID LOT 2; THENCE N2024'16"W 387.82 FEET ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE 5TH PRINCIPAL MERIDIAN AND THE WEST LINE OF SAID LOT 2; THENCE S12°44'06"E 264.90 FRET; THENCE S28°15'12"E 142.56 FEET TO THE NORTH LINE OF SAID SOUTH 103 FEET; THENCE S88009'44"W 109.66 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.37 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD This conveyance is exempt from transfer tax pursuant to Iowa Code §428A.2(21) and for the same reason is exempt from the requirements of filing a Declaration of Value and Groundwater Hazard Statement. The described real estate is conveyed subject to zoning, easements, covenants and restrictions of record in the office of the Recorder of Linn County, Iowa. Grantors do hereby covenant with Grantee, and successors in interest, that Grantors hold the real estate by title in fee simple; that they have good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances except as may be above stated; and grantors covenant to warrant and defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: "? `t , 2016 By(—Ll C Debra Gail Doty STATE OF COUNTY ) SS: This instrument was acknowledged before me on this �`f�r day of 7J l 2016 by Debra Gail Doty, a single person. _ DAvio RIGHT Notary Public in and for sai S ate Commission Number 735134 My commission expires 6 l r My Commission Expires Dated: J h I `i —12016 STATE OF I" :" I (0 By: Karle Dae Cross COUNTY This instrument was acknowledged before me on this Cross, a single person. Notary Public in and fors id tate My commission expires X117 DAVID J BRIGHT 7Y_P1651'"Number 735134 ommission Expires SS: 1 ` I day of Jut 2016 by Karle Dae