HomeMy WebLinkAboutRESOLUTION NO. 2016-52 RESOLUTION NO. 2016-52
RESOLUTION APPROVING A REAL ESTATE PURCHASE
AGREEMENT BETWEEN THE CITY OF FAIRFAX AND SCHRAGE
CONSTRUCTION, INC. AN IOWA CORPORATION FOR VACANT
GROUND LOCATED EASTERLY OF 100 W. CEMETERY ROAD
WHEREAS, City staff has negotiated a Real Estate Purchase Agreement (the
"Agreement') with Schrage Construction, Inc., an Iowa corporation, for certain vacant land
located easterly of 100 W. Cemetery Road (Tax Identification Numbers 200915100900000) for
$10,000.00 and other valuable consideration contingent on Council approval;
WHEREAS, the City intends on using the property for purpose of installation and
maintenance of a sanitary sewer main line and trail improvement; 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 31 It day of May, 2016.
Council Member Daly moved the adoption of the Resolution; seconded by Council Member Kell.
AYES: Beer, Daly, Kell, Volk, and Wainwright
NAYS: None '
Marianne Wainwright, Mayor Pro; emporfe
AT/TEST:
K y p�IIOi
Cy hia Stimson, City Clerk/Treasurer
a rte:
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REAL ESTATE PURCHASE AGREEMENT
THIS REAL ESTATE PURCHASE AGREEMENT("Agreement") is made and
entered into as of the date last written below("Effective Date")between Schrage
Construction, Inc., an Iowa corporation{"Selle?"), and City of Fairfax, an Iowa municipal
corporation ("Buyer").
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
(i) real property in fee simple and(ii) an easement in Fairfax, Iowa both of which are legally
described as follows:
FEE SIMPLE
PART OF LOT 1, 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:
COMMENCING AT THE SOUTHEAST CORNER OF THE WEST 168.57
FEET OF SAID LOT 1; THENCE N2123'55"W 114 FEET MORE OR LESS
ALONG THE EAST LINE OF THE WEST 168.57 FEET OF SAID LOT 1 TO
THE CENTERLINE OF AN UNNAMED CREEK AND THE POINT OF
BEGINNING; THENCE NORTHWESTERLY 511 FEET MORE OR LESS
ALONG SAID CENTERLINE TO THE NORTH LINE OF SAID LOT 1;
THENCE N88°09'43"E 144 FEET MORE OR LESS ALONG SAID NORTH
LINE TO THE NORTHEAST CORNER OF THE WEST 168.57 FEET OF SAID
LOT 1; THENCE S2°23`55"E 482 FEET MORE OR LESS TO THE POINT OF
BEGINNING.
described as Parcel A on the Acquisition Plat attached hereto as Exhibit "All
and incorporated herein by reference
(the "Real Estate").
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.
Included with the Real Estate shall be all fttures 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.
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Z. PURCHASE PRICE AND MANNER OF PAYMENT. The total purchase
price("Purchase Price")to be paid for the Real Estate shall be the sum of Ten Thousand
Dollars and NO/00 ($10,000.00) plus or minus prorations allocated at the time of the
Closing Date as provided herein. The Purchase Price shall be paid by Buyer in cash or
certified finds at Closing.
3. CONTINGENCIES. Buyer's obligations under this Agreement are
contingent upon the satisfaction of the following items:
A. 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.
B. Approval of this Agreement by the City Council for the City of
Fairfax.
C. Approval of the Final Plat(s) of the Real Estate, by Buyer and the
County of Linn in sole discretion of both parties;
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 satisfied on or before the "Closing" (as
hereinafter defined) ("Contingency Date") 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 (90) additional days by giving
written notice to the Seller in which case the Closing shall be extended day for day. 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.
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. 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.
4-
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 assessments. 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 deliver to Buyer, Seller's abstract of
title which includes the Real Estate. It shall be Buyer's expense to create an abstract for the
Real Estate for Buyer's examination. Buyer will return Seller's abstract of title to Seller prior
to closing. 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. 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. Seller shall make every
reasonable effort to promptly perfect title. 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 ten days written notice to the other party. 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.
7. POSSESSION AND CLOSING DATE. The closing on this transaction and
transfer of possession of the Real Estate shall occur June 15, 2016 ("Closing Date" or
"Closing") subject to Buyer's and Seller's full performance of their respective obligations
under this 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 be at 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.
i
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 30 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 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
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 (i)
"hazardous substances," as defined by CERCLA; (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
1153 d 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 parry 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 free and clear of all liens,
restrictions, and encumbrances except as provided in this Agreement. General warranties of
the title shall extend to the time of delivery of the deed excepting liens and encumbrances
suffered or permitted by Buyer. Concurrent with Closing,
13. STATEMENT AS TO 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, fonds 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 by law.
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
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.
1.7. 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.
1.8. 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,
i
19. SANITARY SEWER EXTENSION. The Buyer shall install one (1) sanitary
sewer service lame and stub from the sanitary sewer main line to be installed by Buyer on the
Real Estate to a point westerly of the existing creek the location and specifications of which
may be determined by the Buyer it its sole and absolute discretion. The Buyer shall waive
the cost of installing the sanitary service stub from the customary sanitary sewer hookup
fees. To the extent Seller desires to do so Seller shall be fully responsible for extending the
sanitary sewer service line from the then-existing stub to Seller's existing building. The Seller
shall nevertheless be responsible for all customary sanitary sewer hookup fees charged by
the Buyer at the time that the Seller connects to the City's sanitary sewer system with
respect to the sanitary sewer service stub. Buyer agrees that neither Seller nor Seller's real
estate will be assessed for all of any part of the cost of the sanitary sewer project.
20. Trees. For the purpose of screening, the Buyer shall install 5 or 6 deciduous
trees (flinch dbh) on said Real Estate, the species and locations to be determined by the
Buyer. These trees shall be installed by the end of 2017.
SELLER: BUYER:
SCHRAGE CONSTRUCTION, INC. CITY OF FAIRFAX
By:���� 'r�s �� -
Burnell.G. Frieden, Mayor
Date: Date: 6 —
ATTESTED TO:
Cyr#ia Stinson, City Clerk
Doc ID: 022367600001 Type: GEN
Recorded: 06/27/2016 at 11:22:24 AM
Fee Amt: $27.20 Paqe 1 of i
Revenue Tax: $15.20
Linn County Iowa
JOAN MCCALMANT RECORDER
BK `/ rJ' / 4 PG5 1 3
1 11 la (�-! C(- L41-7 (p q
PREPARED BY: WILLIAM P. PROWELL, SHUTTLEWORTH & INGERSOLL, P.L.C., 115 Third Street SE, Suite 500, Cedar Rapids, IA 52401
(319)365-9461
RETURN TO: MATTHEVJ J. HEKTOEN, SIMMONS PERRINE MOYER BERGMAN !SLC, 115 Third Street SE, Suite 1200, Cedar Rapids, IA
52401
ADDRESS TAX STATEMENT TO: CITY OF FAIRFAX, PO Box 337, Fairfax, IA 52228
WARRANTY DEED
For the consideration of one dollar ($1.00) and other valuable consideration, Schrage Construction, Inc.,
an Iowa corporation, does hereby convey to City of Fairfax, an Iowa Municipal Corporation, the following
described real estate in Linn County, Iowa:
That part of Lot 1, James Kurtz's Second Addition to Fairfax, Iowa described as follows: commencing at the SE
corner of the West 168.57 feet of said Lot 1; thence North 20 23' 55" West 114 feet more or less along the East
line of the West 168.57 feet of said Lot 1 to the centerline of an unnamed creek and the point of beginning;
thence NW-ly 511 feet more or less along said centerline to the North line of said Lot 1; thence North 88° 09'43"
East 144 feet more or less along said North line to the NE corner of the West 168.57 feet of said Lot 1; thence
South 20 23' 55" East 482 feet more or less to the point of beginning
Subject, nevertheless, to easements, restrictions, covenants and conditions of record.
Grantor does hereby covenant with grantee, and successors in interest, that grantor holds the real
estate by title in fee simple; that it has 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 grantor covenants to
warrant and defend the real estate against the lawful claims of all persons except as may be above stated.
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.
STATE OF IOWA
ss:
COUNTY OF LINN
This instrument was acknowledged before me
on this I-V' day of Jaru , 2016 by Travis
Schrage, as President of Schrage Construction,
Inc. s
f
Notary Public
DAVID J BRIGHT
Commission Number 735134
M_r Commission Expires
Wow -0 J,.nx 23 26 i ")
Dated: U % c / 12016.
SCHRAGE CONSTRUCTION, INC.
TRAW,srsCHRAGE, PRESIDENT
i its iii i ilii i ii i iiiie 11111 11111 ii ii iiiio ilii ilii ii ii 11111 ii i ilii ilii
Doc ID: 022367610004 Type: GRW
Recorded: 06/27/2016 at 11:22:43 AM
Fee Amt: $0.00 Page 1 of 4
Linn County Iowa
JOAN MCCALMANT RECORDER
File2016-00006 1 V
REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT
TO BE COMPLETED BY TRANSFEROR
TRANSFEROR:
Name Schrage Construction, Inc.
Address PO Box 112, Fairfax, Iowa 52228
Number and Street or RR City, Town or P.O. State Zip
TRANSFEREE:
Name City of Fairfax
Address PO Box 337, Fairfax, Iowa 52228
Number and Street or RR City, Town or P.O. State Zip
Address of Property Tr nsferred:
Number and Street or RR City, Town or P.O. State Zip
Legal Description of Property: (Attach if necessary) See Exhibit A attached hereto
1. Wells (check one)
There are no known wells situated on this property.
_ There is a well or wells situated on this property. The type(s), location(s) and legal status are
stated below or set forth on an attached separate sheet, as necessary.
2. Solid Waste Disposal (check one)
There is no known solid waste disposal site on this property.
_ There is a solid waste disposal site on this property and information related thereto is provided
in Attachment #1, attached to this document.
3. Hazardous Wastes (check one)
There is no known hazardous waste on this property.
_ There is hazardous waste on this property and information related thereto is provided in
Attachment #1, attached to this document.
4. Underground Storage Tanks (check one)
There are no known underground storage tanks on this property. (Note exclusions such as
small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in
instructions.)
_ There is an underground storage tank on this property. The type(s), size(s) and any known
substance(s) contained are listed below or on an attached separate sheet, as necessary.
FILE WITH RECORDER DNR form 542-0960 (July 18, 2012)
5. Private Burial Site (check one)
_,There are no known private burial sites on this property.
_ There is a private burial site on this property. The location(s) of the site(s) and known
identifying information of the decedent(s) is stated below or on an attached separate sheet, as
necessary.
6. Private Sewage Disposal System (check one)
All buildings on this property are served by a public or semi-public sewage disposal system.
.This transaction does not involve the transfer of any building which has or is required by law to
have a sewage disposal system.
_ There is a building served by private sewage disposal system on this property or a building
without any lawful sewage disposal system. A certified inspector's report is attached which
documents the condition of the private sewage disposal system and whether any modifications
are required to conform to standards adopted by the Department of Natural Resources. A
certified inspection report must be accompanied by this form when recording.
— There is a building served by private sewage disposal system on this property. Weather or
other temporary physical conditions prevent the certified inspection of the private sewage
disposal system from being conducted. The buyer has executed a binding acknowledgment
with the county board of health to conduct a certified inspection of the private sewage disposal
system at the earliest practicable time and to be responsible for any required modifications to
the private sewage disposal system as identified by the certified inspection. A copy of the
binding acknowledgment is attached to this form.
_ There is a building served by private sewage disposal system on this property. The buyer has
executed a binding acknowledgment with the county board of health to install a new private
sewage disposal system on this property within an agreed upon time period. A copy of the
binding acknowledgment is provided with this form.
— There is a building served by private sewage disposal system on this property. The building to
which the sewage disposal system is connected will be demolished without being occupied. The
buyer has executed a binding acknowledgment with the county board of health to demolish the
building within an agreed upon time period. A copy of the binding acknowledgment is provided
with this form. [Exemption #9]
_ This property is exempt from the private sewage disposal inspection requirements pursuant to
the following exemption [Note: for exemption #9 use prior check box]:
_ The private sewage disposal system has been installed within the past two years pursuant to
permit number
Information required by statements checked above should be provided here or on separate
sheets attached hereto:
I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM
AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT.
r
Signature: r Telephone No.: %
Tr ser tro Agent
FILE WITH RECORDER DNR form 542-0960 (July 18, 2012)
GROUNDWATER HAZARD STATEMENT
ATTACHMENT #1
NOTICE OF WASTE DISPOSAL SITE
a. Solid Waste Disposal (check one)
_ There is a solid waste disposal site on this property, but no notice has been received from the
Department of Natural Resources that the site is deemed to be potentially hazardous.
_ There is a solid waste disposal site on this property which has been deemed to be potentially
hazardous by the Department of Natural Resources. The location(s) of the site(s) is stated
below or on an attached separate sheet, as necessary.
b.. Hazardous Wastes (check one)
There is hazardous waste on this property and it is being managed in accordance with
Department of Natural Resources rules.
There is hazardous waste on this property and the appropriate response or remediation actions,
or the need therefore, have not yet been determined.
Further descriptive information:
1 HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM
AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT.
Signature: Telephone No.:
(Transferor or gent
FILE WITH RECORDER DNR form 542-0960 — Attachment #1 (July 18, 2012)
Exhibit A
That part of Lot 1, James Kurtz's Second Addition to Fairfax, Iowa described as follows:
commencing at the SE corner of the West 168.57 feet of said Lot 1; thence North 2° 23' 55"
West 114 feet more or less along the East line of the West 168.57 feet of said Lot 1 to the
centerline of an unnamed creek and the point of beginning; thence NW-ly 511 feet more or less
along said centerline to the North line of said Lot l; thence North 88° 09'43" East 144 feet more
or less along said North line to the NE corner of the West 168.57 feet of said Lot l; thence South
2° 23' 55" East 482 feet more or less to the point of beginning