HomeMy WebLinkAboutRESOLUTION NO. 2016-53 RESOLUTION NO. 2016-53
RESOLUTION APPROVING A REAL ESTATE PURCHASE
AGREEMENT BETWEEN THE CITY OF FAIRFAX AND CMF&S
INVESTMENTS, L.C. AN IOWA LIMITED LIABILITY COMPANY
FOR VACANT GROUND LOCATED AT
98 W. CEMETERY ROAD
WHEREAS, City staff has negotiated a Real Estate Purchase Agreement (the
"Agreement") with CMF&S Investments, L.C., an Iowa limited liability company, for certain
vacant land located at 98 W. Cemetery Road (Tax Identification Numbers 200915101000000)
for $31,350.00 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 3111 day of May, 2016.
Council Member Kell moved the adoption of the Resolution; seconded by Council Member Daly.
AYES: Beer, Daly, Kell, Volk, and Wainwright
NAYS; None
Marianne Wainwright, Mayor Pr„f empore
ATTEST:
�x9 Y YI,•�i
Cy,nihia Stimson, City Clerk/Treasurer
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OFFER,TO SEMI, REAL ESTATE AND ACCEPTANCE
TO: City of Fairfax,Iowa("Brayer"):
1. REAL ESTATE DESCRIPTION, The Seller offers to sell to Buyer real estate
situated in Fairfax, Linn County, Iowa legally described on Exhibit "A", attached hereto and
incorporated herein by reference, with any easements and appudenant servient estates, but subject
to the following: a. any zoning and other ordinances; b, any covenants of record; c. any easements
of record for public utilities,roads and highways(hereinafter designated the"Real Estate"),
2. PRICE. The purchase price shall be $31,350.00 payable at Linn County, Iowa at
Closing.
3. REAL ESTATE TAXES. Seller shall pay all of the real estate taxes for the fiscal
year ending June 30, 2015, and its pro rata portion of the real estate taxes for the fiscal year
ending June 30, 2016 (prorated to the date of Closing) and any unpaid real estate taxes payable in
prior years. BUYER shall pay all subsequent real estate taxes. Any proration of real estate taxes on
the Real Estate shall be based upon such taxes for the year currently payable unless the parties state
otherwise.
4. SPECIAL ASSESSIINIENTS.
a. Seller shall pay all special assessments which are a lien on the Real Estate as
of the date of Closing.
b. All subsequent special assessments shall be paid by Buyer.
5. RISK OF LOSS AND INSURANCE. All risk of loss shall remain with Seller until
possession of the Real Estate shall be delivered to Buyer.
6. CARE AND MAINTENANCE. The Real Estate shall be preserved in its present
condition and delivered intact at the time possession is delivered to Buyer, provided, However, if
there is loss or destruction of all or any part of the Real Estate fi-om causes covered by the insurance
maintained by Seller, Buyer shall have the option to accept such damaged or destroyed Real Estate
together with such insurance proceeds in lieu of the Real Estate in its present condition and, if
Buyer exercises such option, Seller shall not be required to repair or replace same.
7. CLOSING/POSSESSION. If Buyer timely performs all obligations, possession of
the Real Estate shall be delivered to Buyer on June 15, 2016 (the "Closing Date"), or sooner by
mutual agreement of the parties, with any adjustments of rent,insurance, and interest to be made as
of the date of transfer of possession.
8. FIXTURES. All property that integrally belongs to or is part of the Real Estate,
whether attached or detached, shall be considered a part of the.Real Estate and included in the sale.
9. 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.
10. ABSTRACT AND TITLE. Seller agrees to maize available to Buyer the abstract of
title to the larger tract that the Real Estate is a part of. Buyer may, at Buyer's expense, have an
abstract for the Real Estate created for purposes of examination. Seller agrees to convey to Buyer
merchantable title to the Real Estate in conformity with this contract, Iowa law and Title Standards
of the Iowa State Bar Association. The abstract for the larger tract shall be returned to Seller prior to
Closing. The newly created abstract for the Real Estate, if obtained by Buyer, shall be the property
of the Buyer.
IL. DEED. Upon payment of the purchase price, Seller shall convey the Real Estate to
Buyer or its assignees, by Warranty Deed,free and clear of all liens,restrictions, and encumbrances
except as provided in 1 a through I c. Any general warranties of title shall extend only to the time of
acceptance of this offer, with special warranties as to acts of Seller continuing up to time of delivery
of the deed. The Warranty Deed shall contain the following easement and restrictions:
(a) Seller will reserve the right to utilize a portion of the Real Estate to be
identified on the survey as the parking easement area for commercial vehicular access
purposes, which right shall benefit Seller's adjacent property and run with the land. Seller
may gravel the parking easement area without the consent of Buyer, but must secure prior
written approval from the City before malting any other improvements to the parking
easement area. Buyer may disturb the parking easement area so long as Buyer returns the
parking easement area to the condition it was in prior to said disturbance; and
(b) Buyer and its successors in interest agree not to (i) restrict the natural flow of
water from Seller's adjacent property to the stream located to the west of the Real Estate
in accordance with riparian law existing in Iowa or (ii) construct a trail head on the Real
Estate.
12. TIME IS OF THE ESSENCE. Time is of the essence in this contract.
13. REMEDIES OF THE PARTIES.
a. If Buyer fails to timely perform this contract, Seller may forfeit it as
provided in the Iowa Code, and all payments made shall be forfeited or, at Seller's option,
upon thirty days written notice of intention to accelerate the payment of the entire balance
because of such failure (during which thirty days such failure is not corrected), Seller may
declare the entire balance immediately due and payable. Thereafter this contract may be
foreclosed in equity and the Court may appoint a receiver.
b. If Seller fails to timely perform this contract, Buyer has the right to have all
payments made returned to Buyer.
C. Buyer and Seller also are entitled to utilize any and all other remedies or
actions at law or in equity available to them and shall be entitled to obtain judgment for
costs and attorney fees as permitted by law.
14. SUBSEQUENT CONTRACT. Any real estate contract executed in performance of
this contract shall be on a form of the Iowa State Bar Association..
15. APPROVAL OF COURT. If the sale of the Real Estate is subject to Court
approval, the fiduciary shall promptly submit this contract for such approval. If this contract is not
so approved,it shall be void.
16. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall
apply to and bind the successors in interest of the parties.
17. CONSTRUCTION. Words and phrases shall be construed as in the singular or
plural number,and as masculine,feminine or neuter gender,according to the context.
I& TIME FOR ACCEPTANCE. If this offer is not accepted by Buyer on or before
May ,2016,at 5:00 p.m.,the offer shall become void.
19. TRANSACTION COSTS. Each panty agrees to pay their own attorney's fees and
costs incurred in connection with this transaction.
20. NO REAL ESTATE AGENT OR BROKER. Neither party has employed any
broker, real estate sales person, finder or agent, or agreed to pay or incurred any brokerage fee,
finder's fee or commission with respect to the transaction contemplated by this contract and has
not dealt with anyone purporting to act in the capacity of a broker, real estate sales person, finder
or agent with respect hereto as a result of which any claim for a fee can or will be made against
the other party.
21. INSPECTION OF REAL ESTATE. Prior to Closing, Buyer or Buyer's representatives
have the right to enter and inspect the Real Estate to determine if there have been any material
changes in the Real Estate since the date of this contract and acknowledges, by deposit of final
funds,that the Real Estate is acceptable.
22. SURVEY. Buyer shall, at Buyer's expense prior to Closing, have the Real Estate
surveyed and certified by a Registered Land Surveyor.
23, AS IS CONDITION. Notwithstanding anything to the contrary set forth herein,
BUYER agrees and acknowledges that it is buying the Property in "as is where is with all faults"
condition and that SELLER has no obligation to make any repairs or modifications to the Property.
24. 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 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 tabs. Seller shall also provide
Buyer with a properly executed Groundwater Hazard Statement showing leo 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`Nater 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 sect.);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 tern"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,
25. CONTINGENCIES. The Buyer's obligations under this contract 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 contract by the City Council for the City of Fairfax.
Promptly upon execution of this contract 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 Date ("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. If Buyer does not
provide Seller with a release or satisfaction of the contingencies on or before the Contingency
:gate or a permitted extension, then this contract shall become null and void and all earnest
money shall promptly be returned to Buyer.
26. ®THEM.PROVISIONS.
a. Buyer shall provide Seller with a copy of an authorizing resolution for the
purchase of the Real Estate prior to Closing,
b. Buyer agrees at its expense to complete the CME&S sanitary sewer service
work pursuant to Sheet C.04 of the Drawings of Proposed Improvements for 2016
Sanitary Sewer Interceptor Main Extension dated April 19, 2016. During the
construction of the sanitary sewer on the Real Estate, Seller will schedule and pay Roto
Rooter to pump out the septic holding tank on a weekly basis during the period that
Seller's septic is blocked off. 'Within ten (10) working days after the new sanitary sewer
has been tested and accepted by the City, Seller will make its final connection to the
sanitary sewer. Seiler will pay to the Buyer a sanitary sewer service stub and connection
fee of $3,200.00 less the total cost paid by Seller to Roto Rooter to pump the septic
holding tank during the construction process not to exceed $250 per week. In the event
the total cost paid by Seller to Roto Rooter exceeds the sanitary sewer service stub and
connection fee, Buyer agrees to pay Seller the difference within ten (10) business days of
the parties exchanging written documentation of such costs. In the event the sanitary
sewer service stub and connection fee exceeds the total cost paid by Seller to Roto
Rooter, Seller agrees to pay Buyer the difference within ten (10) business days of the
parties exchanging written documentation of such costs.
C. This contract may be executed in any number of counterparts, all of which
together shall constitute one instrument. Any facsimile or emailed copy of any executed
signature page of this contract shall be treated as an original signature page for all
purposes.
Dated: May_,2016
SELLER:
CMF & S .Investments,L.C.
arshal Harms, dice President
Al SL4 VV
THIS OFFER IS ACCEPTED on this day of2016.
BUYER.
City of Fairfax, Iowa
By:
Nle:
Title: ,Vi1't
\\\ °a• •aap of
LJ
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Name.
EXMBIT A
Sec attached Acquisition Plat describing Parcel A, a .48 acre parcel, which is a part of Lot 1,
James K rtz's Second Addition to Fairfax,Linn County,Iowa.
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Field Book No:
213
Scale:
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Sheet:
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Project Number: a
6950-15-6
Prepared by/Return to: Laurie L. Dawley, Shuttleworth & Ingersoll, P.L.C., P.O. Box 2107, Cedar Rapids, Iowa 52406;
(319) 365-9461
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made effective as of this O%' day of June,
2016, by and among CMF & S Investments, L.C. ("CMF&S") and the City of Fairfax, Iowa
("City").
RECITALS:
A. Pursuant to the Offer to Sell Real Estate and Acceptance, dated on or about June
7, 2016 (the "Contract"), CMF&S agreed to sell to the City that certain property described on
Exhibit A attached hereto and incorporated herein by this reference ("Parcel A"). Parcel A is
depicted on the drawing attached hereto and incorporated herein by this reference as Exhibit B.
B. CMF&S owns property (the "CMF&S Property ") described on Exhibit C
attached hereto and incorporated herein by this reference, which abuts Parcel A along the
northeasterly boundary thereof.
C. Pursuant to the Contract, (i) CMF&S will enjoy a non-exclusive easement for
commercial vehicular access purposes over a portion of Parcel A identified on the survey as the
"Parking Easement" area, which easement shall benefit the CMF&S Property and run with the
land and (ii) the City and its successors in interest agreed not to (i) restrict the natural flow of
water from the CMF&S Property to the stream located to the west of Parcel A in accordance
with Iowa riparian law or (ii) construct a trail head on Parcel A.
D. The parties desire to set forth their understandings with respect to the foregoing
and certain other matters, as hereinafter provided.
NOW, THEREFORE, in consideration of $10.00 and other consideration, the receipt
and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Access Easement. The City hereby grants CMF&S, as an easement appurtenant to
the CMF&S Property, a non-exclusive perpetual easement over that portion of Parcel A described
as the "Parking Easement" in the legal description and drawing attached hereto as Exhibit D for
commercial vehicular access purposes. This easement shall benefit the CMF&S Property and run
with the land. CMF&S may gravel the Parking Easement area without the consent of the City,
but must secure prior written approval from the City before making any other improvements to
the Parking Easement area. The City may disturb the Parking Easement area so long as the City
returns the Parking Easement area to the condition it was in prior to said disturbance.
2. Slope of Parcel A. The City and its successors in interest agree not to restrict
the natural flow of water from the CMF&S Property to the stream located to the west of Parcel A
in accordance with Iowa riparian law. To that end, the City agrees to maintain the slope of
Parcel A at all times, including the prevention of erosion and the seeding and care of grass and
other ground cover.
3. Use Restriction. The City and its successors in interest agree not to construct a
trail head on Parcel A.
4. Litigation. In the event suit is brought to enforce the provisions of this Easement
Agreement, the prevailing party shall be entitled to recover all of its costs and expenses incurred
in connection therewith, including its reasonable attorneys' fees.
5. Miscellaneous. The provisions of this Easement Agreement shall run with the
land, in perpetuity and shall be binding upon and shall inure to the benefit of the parties hereto,
and their respective successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Easement Agreement
effective as of the date first above written.
XLYA-M&M
CMF & S Investments, L.C.
By:�
Marshal flarms, Vice President
STATE OF IOWA, LINN COUNTY) ss:
L
On this day of June, 2016, before me the undersigned, a Notary Public in and for said State,
personally appeared Marshal Harms, to me personally known who being by me duly sworn did say that he
is the Vice -President of CMF & S Investments, L.C., and that said instrument was signed on behalf of
CMF & S Investments, L.C. in the ordinary course of its business by authority of its members and the
said Marshal Harms acknowledged the execution of said instrum t to be the volunta act and deed of
said CMF & S Investments, L.C. by it and by him voluntarily e ted.
*ME
No ary Public i e State o Iowa
LAAUR
CITY:
City of Fairfax, Iowa
By: !
Burnell G. Frieden, Mayor
By:
Cynt la Stimson, City Clerk/Treasurer
STATE OF IOWA, LINN COUNTY) ss:
This Easement Agreement was acknowledged before me this L01- day of June, 2016, by
6urn4(1 6. and S4-imse 1 , the Mayor and City Clerk/Treasurer, respectively, of the City
of Fairfax, Iowa.
rDAv) BRIGHT Notary Public in the Stat o owa
Commission Number 735134
Myr Commission Expires
oW ,J�j •L 23Ld 1 7
EXHIBIT A
(legal description of Parcel A)
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:
BEGINNING AT THE SOUTHEAST CORNER OF THE WEST 168.57 FEET OF SAID LOT 1;
THENCE N2023'55"W 267.70 FEET ALONG THE EAST LINE OF THE WEST 168.57 FEET OF
SAID LOT 1; THENCE S25°44'12"E 40.41 FEET; THENCE S21°28'23"E 37.09 FEET; THENCE
S41 °40'57"E 197.95 FEET; THENCE S 14°35'00"E 24.13 FEET TO THE NORTH RIGHT OF WAY OF
WEST CEMETERY ROAD; THENCE S75°25'00"W 96.07 FEET ALONG SAID NORTH RIGHT OF
WAY; THENCE S88°57'44"W 64.67 FEET ALONG SAID NORTH RIGHT OF WAY TO THE POINT
OF BEGINNING.
SAID PARCEL CONTAINS 0.48 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
EXHIBIT B
See attached Acquisition Plat.
EXHIBIT c,Gj-
ACQUISITION PLAT
PART OF LOT 1, JAMES KURTZ'S SECOND ADDITION
TO FAIRFAX, LINN COUNTY, IOWA
N.E. CORNER OF THE
WEST168.57 FEET OF LOT 1
FD. 1/2' REBAR W/YELLOW t
PLASTIC CAP NO. 9647
nn
• EAST LINE OF THE
LINE OF ME Z,'.� I�WEST 168.57 FEET
S.W.t/4-N.E.1/4 OF LOT 1
s
'o n.
1 �^
N
I 070 60 90 120
GRAPHIC SCALE IN FEET
SCALE 1`=60'
I
I
I
II I 0n
I I �b Oh
I �J�QP
1`b 4\
47'
--1 OF y,6
SECTION LINE
RICHT OF WAT --
p�
411 q
RIGHT OF WAY
�9• ppm
5'
1 I Q„GF'
Qp
10� O P 2
I
5 4P�QP
I
` 16769
'A
tt I ?• id ean,<I.
OF BEGINNING.
EXISTING 4D'
PERMANENT L
I.
EASEMENT /
I
PARCEL A
0.48 ACRES
' I EASEME 30' INGRESS EGRESS \\may
S.W. CORNER EASEMENT 3: S•
LOT 1
TO. REBAR
W/ YELLOW n `
PLASTICIC CAP I -
--- 'C
1 (168.61') 9607
-- N8857'44"E _- 168.47•
5155 00 W
RIGHT OF WAY S.E. CORNER OF ME S88'5T44'W'
CENTER WEST 168.57 FEET 64.67'
SECTION 9 OF LOT 1 ED. 5/8"
F82N, d S POINT OT' DEdNNING - - - REBAR - -
FD. 208 SPINE F0. 5/8" REBAR
- - - _ W ORANGE PLASTIC
NO. 10679 WEST CEMETERY ROAD
I
EXISTING ]0'
INGRESS EGRESS
EASEMENT
I
RIGHT OF WAY
FD.
REBAROS
Si 24.13'
1 \ 14.13' �
\ '03.s3 /
S151t; p0 W
F0. 5/8' REBAR
W/ ORANGE PlASTIG
CAP NO. 10679
TO. 5/8- REBAR `y1
W/ ALUMINUM
I.D.O.T. CAP
J'
O'
SURVEY LEGEND
O SET 5/8" REBAR W/ YELLOW
PLASTIC CAP NO. 18769
e FD. SURVEY MONUMENT AS NOTED
A SECTION CORNER FOUND AS NOTED
() RECORDED AS
EASEMENT LINE
PLAT BOUNDARY
SURVEY FIELD WORK
PERFORMED:
9/25/15
Pp?�
�O
Qe`
SURVEY PREPARED FOR:
THE CITY OF FAIRFAX, IOWA
OWNER:
CMF&S INVESTMENTS, LC
SURVEYOR:
RYAN R. REMLING, P.L.S.
HALL & HALL ENGINEERS, INC.
1860 BOYSON ROAD
HIAWATHA, IOWA 52233
(319)-362-9548
- CENTERLINE
C.]
SECTION LINE
RICHT OF WAT --
—
RIGHT OF WAY
>
>• �
— — EXISTING LOT LINE
BEGINNING AT THE SOUTHEAST CORNER OF THE WEST 168 57 FEET OF SAID LOT 1
0
` 16769
'A
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OF BEGINNING.
1 0
I.
\b
SAID PARCEL CONTAINS 0.48 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
SURVEY LEGEND
O SET 5/8" REBAR W/ YELLOW
PLASTIC CAP NO. 18769
e FD. SURVEY MONUMENT AS NOTED
A SECTION CORNER FOUND AS NOTED
() RECORDED AS
EASEMENT LINE
PLAT BOUNDARY
SURVEY FIELD WORK
PERFORMED:
9/25/15
Pp?�
�O
Qe`
SURVEY PREPARED FOR:
THE CITY OF FAIRFAX, IOWA
OWNER:
CMF&S INVESTMENTS, LC
SURVEYOR:
RYAN R. REMLING, P.L.S.
HALL & HALL ENGINEERS, INC.
1860 BOYSON ROAD
HIAWATHA, IOWA 52233
(319)-362-9548
- CENTERLINE
LEGAL DESCRIPTION:
SECTION LINE
- - - 1/4 SECTION LINE
PART OF LOT 1, JAMES KURTZ'S SECOND ADDITION TO FAIRFAX, LINN COUNTY, IOWA AS
- - - - 1/4-1/4 SECTION LINE
RECORDED IN BOOK 1900, PAGE 202 IN THE OFFICE OF THE LINN COUNTY, IOWA RECORDER
DESCRIBED AS FOLLOWS:
— — EXISTING LOT LINE
BEGINNING AT THE SOUTHEAST CORNER OF THE WEST 168 57 FEET OF SAID LOT 1
07 v 7i o Sheet rue: HALL &HALL ENGINEERS, INC.
_ a p EXHIBITAcr, a_.-::,.>.>:•r.<:.:,w:,,.,:r::_: - V
N f - ACQUISITION PLAT 6DGYGDNRMDHIAWATHAIOWA67»>
I Z O II` U 18 f' (SONE 7ASae FAX IJI9)362 7595
Lr 3 _ z PART OF LOT I, JAMES KURTZ'S SECOND ADDITION CIVIL ENGINEERING. LANDSCAPE AN
LAND LAND SURVEYING •LAND DEVELOPML ITITEC OEI gw,
TO FAIRFAX, LINN COUNII, IOWA Desivea Dy DLK 01-1 Dy.DLK I Cn«Letl by.
DAD Fie: 1: \wo�<c Iz\6900\6950\FY-15\6950-IS-06 Wety Ono Se.e+ I-- N oI Rey 151\OZW\E'.P,\6950-15-06 OS AC-SInON —S 30201..4.9 Oa,e P - NN, : May 13. 2016 - 3:57,- N-11 N, : RI -RE-16
In„r6>rcnily ln,,Id.I:,u>„�.,�I4,d„r�,Rr�n<xg,�,rd
THENCE N2'23'55"W 267.70 FEET ALONG THE EAST LINE OF THE WEST 168.57 FEET OF
e•
SAID LOT t; THENCE S25'44'12"E 40.41 FEET; THENCE S21'28'23"E 37.09 FEET; THENCE
S41'40'57"E 197.95 FEET; THENCE S14.35'00"E 24.13 FEET TO THE NORTH RIGHT OF WAY
u�PYAN R.:i
OF WEST CEMETERY ROAD: THENCE 575'25'00"W 96.07 FEET ALONG SAID NORTH RIGHT OF
WAY; THENCE 588'57'44"W 64,67 FEET ALONG SATO NORTH RIGHT Of WAY TO THE POINT
` 16769
'A
tt I ?• id ean,<I.
OF BEGINNING.
I.
SAID PARCEL CONTAINS 0.48 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
07 v 7i o Sheet rue: HALL &HALL ENGINEERS, INC.
_ a p EXHIBITAcr, a_.-::,.>.>:•r.<:.:,w:,,.,:r::_: - V
N f - ACQUISITION PLAT 6DGYGDNRMDHIAWATHAIOWA67»>
I Z O II` U 18 f' (SONE 7ASae FAX IJI9)362 7595
Lr 3 _ z PART OF LOT I, JAMES KURTZ'S SECOND ADDITION CIVIL ENGINEERING. LANDSCAPE AN
LAND LAND SURVEYING •LAND DEVELOPML ITITEC OEI gw,
TO FAIRFAX, LINN COUNII, IOWA Desivea Dy DLK 01-1 Dy.DLK I Cn«Letl by.
DAD Fie: 1: \wo�<c Iz\6900\6950\FY-15\6950-IS-06 Wety Ono Se.e+ I-- N oI Rey 151\OZW\E'.P,\6950-15-06 OS AC-SInON —S 30201..4.9 Oa,e P - NN, : May 13. 2016 - 3:57,- N-11 N, : RI -RE-16
EXHIBIT C
(legal description of CMF&S Property)
LOT 1, JAMES KURTZ'S SECOND ADDITION TO FAIRFAX, IOWA,
EXCEPTING THEREFROM THE WEST 168.57 FEET THEREOF less Parcel
A described in the attached Exhibit A.
EXHIBIT D
(legal description of Parking Easement area)
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 N88057'44"E 64.67 FEET ALONG THE NORTH RIGHT OF WAY OF WEST CEMETERY
ROAD; THENCE N75°25'00"E 96.07 FEET ALONG SAID NORTH RIGHT OF WAY; THENCE
N14035'00"W 24.13 FEET; THENCE N41°40'57"W 34.90 FEET TO THE POINT OF BEGINNING;
THENCE N75002'35"W 44.58 FEET; THENCE N5°36'18"W 41.63 FEET; THENCE S41°40'57"E 70.88
FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 0.02 ACRE, SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
See attached drawing of Parking Easement area.
EXHIBIT 4D
PARKING EASEMENT
PART OF LOT 1, JAMES KURTZ'S SECOND ADDITION
TO FAIRFAX, LINN COUNTY, IOWA
�%¢ Q I EXISTING 30'
PARKING�G)�`�O�INGRESS T CRESS I EXISTING 40'
EASEMENT EASEMENI PERMANENT
EASEMENi---\
869 SQ. FT.
I 0.02 ACRE -
NOR ISITIO E LIN
0 30 60 90 120 / FORLY
SANITARY UNE
3 1 �i yY. FOR SANITARY I I.
GRAPHIC SCALE IN FEET I m� L >, p �, SEWER PROJECT
SCALE 1"=60'
34.90' Ntl4.90' I
EXISTING 30' N75V2'35S W I RIGHT OF WAY
INGRESS EGRESS I ' _ I
I S.W. CORNER EASEMENT N 14.58' IRE 5/8'
n i \ REBM
LOT I POINT IN
W/ 5/8' RERAR - BEGINNING N14.4.13'
rt
W/ YELLOW ry �' �.\ 24.13'
PLASTIC CAP Z
W
I 168.61 / y F0. 5/8' RERAR
— N88'5744 E -_ 468.4 ]' �. 96a W/ ORANGE PLASTIC
IL75-250�f CAP N0. 106]9
RIGHT OF WAY S.E. CORNER OF THE N8857'44 E' F0. 5/8' REBAR 13~
NEST 168.57 FEET 64.67' 1
CENTER W/ ALUMINUM
OF L07 I FD. 5/8'
SEC80N 9 1.0.0. T. CAP e2'
T82N, RBW TO. 5/8REBAR RE AR
FO. 708 SPIKE W/ ORANGE PLASTIC _ - -
_ CAP N0. 10679_ - - - - - -
- - - - - - WEST CEMETERY ROAD
W RIGHT OF WAY _
RIGHT OF WAY > > �'
3 �
z V.
6 \
SURVEY LEGEND
O
N.E. CORNER OF THE
168.5] .FEET OF I
I I I
I
•
WEST LOT
FD. I/2' RERAR W YELLOW
PLASTIC CAP N0. 647
1
SECTION CORNER FOUND AS NOTEI
( )
THE
EAST LINE Of THE
WEST 168.57 FEET
- - -- EASEMENT UNE
I I 0n
�-UNE OF
S. W.I/d-N.E.1/4
S
-.--_� OF LOT 1
SECTION LINE
1/4 SECTION LINE
1/4-1/4 SECTION LINE
QP
I
O
b
I 50
30' OQ04J'\6
\
NORTHEASTERLY
PHONE: fl'9)1 .95a0 FA%'(3I91161�)595
3
ACOUISI110N LINE
FOR SANITARY
a
PART OF LOT 1. JAMES KURTZ'S SECOND ADDITION
I
I SEWER PROJECT
pew
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i I QP�rji+
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I
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". ]OI6 - 10:— -- E, : — -REUL
�%¢ Q I EXISTING 30'
PARKING�G)�`�O�INGRESS T CRESS I EXISTING 40'
EASEMENT EASEMENI PERMANENT
EASEMENi---\
869 SQ. FT.
I 0.02 ACRE -
NOR ISITIO E LIN
0 30 60 90 120 / FORLY
SANITARY UNE
3 1 �i yY. FOR SANITARY I I.
GRAPHIC SCALE IN FEET I m� L >, p �, SEWER PROJECT
SCALE 1"=60'
34.90' Ntl4.90' I
EXISTING 30' N75V2'35S W I RIGHT OF WAY
INGRESS EGRESS I ' _ I
I S.W. CORNER EASEMENT N 14.58' IRE 5/8'
n i \ REBM
LOT I POINT IN
W/ 5/8' RERAR - BEGINNING N14.4.13'
rt
W/ YELLOW ry �' �.\ 24.13'
PLASTIC CAP Z
W
I 168.61 / y F0. 5/8' RERAR
— N88'5744 E -_ 468.4 ]' �. 96a W/ ORANGE PLASTIC
IL75-250�f CAP N0. 106]9
RIGHT OF WAY S.E. CORNER OF THE N8857'44 E' F0. 5/8' REBAR 13~
NEST 168.57 FEET 64.67' 1
CENTER W/ ALUMINUM
OF L07 I FD. 5/8'
SEC80N 9 1.0.0. T. CAP e2'
T82N, RBW TO. 5/8REBAR RE AR
FO. 708 SPIKE W/ ORANGE PLASTIC _ - -
_ CAP N0. 10679_ - - - - - -
- - - - - - WEST CEMETERY ROAD
W RIGHT OF WAY _
RIGHT OF WAY > > �'
3 �
z V.
6 \
SURVEY LEGEND
O
SET 5/8" REBAR W/ YELLOW
PLASTIC CAP NO. 18769
•
FD. SURVEY MONUMENT AS NOTED
A
SECTION CORNER FOUND AS NOTEI
( )
RECORDED AS
- ---------- - -
- - -- EASEMENT UNE
EXHIBIT
CENTERLINE
- -
SECTION LINE
- - -
1/4 SECTION LINE
1/4-1/4 SECTION LINE
—
— EXISTING LOT LINE
SURVEY FIELD WORK
PERFORMED:
9/25/15
LEGAL DESCRIPTION:
SURVEY PREPARED FOR:
THE CITY OF FAIRFAX, IOWA
OWNER:
CMF&S INVESTMENTS, LC
ENGINEER:
HALL & HALL ENGINEERS, INC.
1860 BOYSON ROAD
HIAWATHA, IOWA 52233
(319)-362-9548
PART OF LOT 1, JAMES KURTZ'S SECOND ADDITION TO FAIRFAX, LINN COUNTY, IOWA AS
RECORDED IN BOOK 1900, PAGE 202 IN THE OFFICE OZ�THE LINN COUNTY, IOWA RECORDED
DESCRIBED AS FOLLOWS: A4¢3K
� a
COMMENCING AT THE SOUTHEAST CORNER OFy'T,�HEx WESrt4 68.57 FEET OF SAID LOT 1;
THENCE N88'ST4a"E 64.67 FEET ALONGNENli3RTH RIGHT OF WAY, OF WEST CEMETERY
ROAD; THENCE N75'25'00"E 96.07 FEETOMGID NORTH RIGHT OF WAY; THENCE
N14'35'00"w 2a,t3 FEET; THENCE.d 41`40.?W `34.90 FEET TO THE POINT OF BEGINNING;
THENCE N75'02'35"W 44.58 FEEL - I,EN5'36'18"W 41.63 FEET; THENCE S41'40'57"E
70.88 FEET TO THE POINT, O 8 IrjNING?
SAID PARCEL CONTAINS 0.SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
rn v
T
g
Sheet T111I,
HALL & HALL ENGINEERS, INC.
EXHIBIT
o
PARKING EASEMENT
a6aDDY9DNRD^D.nl^waT„A
I Z
O
u O
\
PHONE: fl'9)1 .95a0 FA%'(3I91161�)595
3
z
a
PART OF LOT 1. JAMES KURTZ'S SECOND ADDITION
GVILEN —W EC'O'E.
LAND SURVEYING ING LA•LANDNDSCDEVELOPMENTAPEaRDHITPLANrvING
TO FAIRFAX, LINN COUNTY, IOWA
0-iq-d by DLK I Drown by.. DLK cl,-ked by
CAO
I—El CUCeS
". ]OI6 - 10:— -- E, : — -REUL
REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT
TO BE COMPLETED BY TRANSFEROR
TRANSFEROR:
Name CMF & S Investments, L.C.
Address 98 W. Cemetery Road, Fairfax, Iowa 52228
Number and Street or RR City, Town or P.O. State Zip
TRANSFEREE:
Name City of Fairfax, Iowa
Address
Number a treet or HK City, I own or P.O. State Zip
Address of Property Transferred:
Fairfax, IA
Number and Street or RH City, I own, or P.O. State 1p
Legal Description of Property: (Attach if necessary)
See attached Exhibit A.
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
�i 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.
o 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.
0 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]:
0 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.
CMF & S Investments, .C.
Signature: B ' Telephone No.: ( 319 )431-6356
7
(Trans rorora enc) Marshal Harms, Vice resident
FILE WITH RECORDER DNR form 542-0960 (July 18, 2012)
EXHIBIT A
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:
BEGINNING AT THE SOUTHEAST CORNER OF THE WEST 168.57 FEET OF SAID LOT 1; THENCE
N2023'55"W 267.70 FEET ALONG THE EAST LINE OF THE WEST 168.57 FEET OF SAID LOT l;
THENCE S25044'12"E 40.41 FEET; THENCE S21°28'23"E 37.09 FEET; THENCE S41040'57"E 197.95 FEET;
THENCE S 14°35'00"E 24.13 FEET TO THE NORTH RIGHT OF WAY OF WEST CEMETERY ROAD;
THENCE S75025'00"W 96.07 FEET ALONG SAID NORTH RIGHT OF WAY; THENCE S88°57'44"W 64.67
FEET ALONG SAID NORTH RIGHT OF WAY TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 0.48 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
UCC FINANCING STATEMENT AMENDMENT
FOLLOW INSTRUCTIONS
OF CONTACT A
S. EMAIL CONTACT AT FILER
C. SEND ACKNOWLEDGMENT TO: (Name and Address)
I GUARANTY BANK & TRUST CO.,
302 3R0 AVE SE
PO BOX 1807
I CEDAR RAPIDS, lA 52408-1807
1_
I
J
THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY
Ia. INITIAL FINANCING STATEMENT FILE NUMBER[Filer:
b.® This FINANCING STATEMENT AMENDMENT is to be filed [for record)
FILED ON 06.02.2015 AT BK 8262, PG 339
for recordedl in the REAL ESTATE RECORDS
attach Amendment Addendum (Form UCC3Ad) aid provide Debtor's name In item 13
2. ❑ TERMINATION: Effectiveness of the Financing Statement identified above Is terminated with respect to the security interest(s) of Secured Party authorizing this Termination
Statement
3.❑ ASSIGNMENT (full or pardall: Provide name of Assigneein item 7a or 7b, and address of Assigneoln Item 7e g!ld name of Assigner In Rem 9
For partial assignment, complete Items 7 and 9 and also Indicate affected collateral in item 8
4. E) CONTINUATION: Effectivanossof the Financing Statement identified above with respect to the security fntorest(s) of Secured Party authorizing this Continuation Statement is
continued for the additional period provided by applicable law
5.❑ PARTY INFORMATION CHANGE:
Check one of those two boxes: AVE) Check one of these throe boxes lei
CHANGE name and/or address: Complete APD name; Complete Item PELQTE name; Give record name
This Change effects Debtor or Secured Party of record item Ga or of, end item 7a or 7b and Ito 70 7a er 7b, end item 7o to ba delated In item as or Gb
B. CURRENT RECORD INFORMATION: Complete for Party Information Change • provide only one name (Be of Bbl
Ba. ORGANIZATION'S NAME
OR 66, INDIVIDUAL'S SURNAME
7.
OR
'S FIRST PERSONAL NAME
INDIVIDUAL'S ADDITIONAL
MAILING ADDRESS
Complele forAssipamenlor
7b) [use ezael, fullnama; do not omit, modily, or abbreviato ony part of the Debtor's
8.00 COLLATERAL CHANGE: Also chack one of these four boxes: ❑ App oollaterai DELETE collateral ❑ RESTATE covered collateral ❑ ASS[GN collateral
Indicate collateral:
SEE NEXT PAGE, ITEM 14.
9. NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT: Provide only Spo name (9a or 9bl (name of Assignor, If this is an Assignment)
If this Is an Amendment authorized by a DEBTOR, check here (`L and provide name of authorizing Debtor
LON,
10. OPTIONAL. FILER REFERENCE DATA:
CMF&S
FILING OFFICE COPY --- UCG FINANCING STATEMENT AMENDMENT (Form UCC3) (Rev. 04/20111) Walters Kluwer Financial Services UCC -3.0713 1/30/2013
UCC FINANCING STATEMENT AMENDMENT ADDENDUM
FOLLOW INSTRUCTIONS
I 1.INITIAL FINANCING STATEMENT FILE NUMBER: same as item is on Amendmentform
12. NAME OF PARTY AUTHORIZING THIS AMENDMENT: Same- as Item -9 on Amendment form
124. ORGANIZATION'S NAME
OR r,
FIRST PERSONAL NAME
I I I THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY
13. Name of DEBTOR on related financing statement (Name of at current Debtor of record required for Indexing purposes only In some filing offices- soo Instruction item 131: Provide only
owe Debtor name (13o or 13b) (use exact, full name; do not omit, modify, or abbreviate any part of the Debtor's name); see Instructions if name does not tit
14. ADDITIONAL SPACE FOR ITEM 8 (Collateral):
PART OF LOT 1, ,TAMES KURTVS 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 SOUTHEAST CORNER OF THE WEST 168.57 FEET OF SAID LOT 1; THENCE
N2023'55"W 267.70 FEET ALONG THE EAST LINE OF THE WEST 168.57 FEET OF SAID LOT 1;
THENCE S25044'12"E 40.41 FEET; THENCE S21e28'23"E 37.09 FEET; THENCE 841040'57"E 197.95 FEET;
THENCE S 14°35'00"E 24.13 FEET TO THE NORTH RIGHT OF WAY OF WEST CEMETERY ROAD;
THENCE S75025'00"W 96.07 FEET ALONG SAID NORTH RIGHT OF WAY; THENCE S88057'44"W 64.67
FEET ALONG SAID NORTH RIGHT OF WAY TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 0.48 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
15. This FINANCING STATEMENT AMENDMENT: 117. Description of foal estato:
�] covers timber to be cut n covers as-extraetedcolfateral n Is filed as a
Name and address of a RECORD OWNER of real estate desctibedin item 17
(if Debtor does not have a tacotd Interest)
18. MISCELLANEOUS:
Wolters Kluwer Financial Services
FILING OFFICE COPY --- UCC FINANCING STATEMENT AMENDMENT ADDENDUM (Form UCC3Ad) (Rev. 04120/11) UCC-3AD-0713 1/3012013
a�.
1.9
Guaranty Ban
For your kind of life,
June 13, 2016
Ms. Laurie Dawley
Shuttleworth & Ingersoll, P.L.0
115 3'd Street, Suite 500
Cedar Rapids, Iowa 52401
Dear Laurie:
P.O. Box 1807
Cedar Rapids, lA 52406
Ph. (319) 286-6200
Fax (319) 362-7894
www.guaranty-bank.com
This letter is to confirm that Guaranty Bank & Trust Co. has agreed to a partial release of the CMF&S real
estate property located in Fairfax, Iowa. The specific parcel to be released is identified in the legal
description below.
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:
BEGINNING AT THE SOUTHEAST CORNER OF THE WEST 168.57 FEET OF SAID LOT l;
THENCE N2023'55"W 267.70 FEET ALONG THE EAST LINE OF THE WEST 168.57 FEET OF
SAID LOT 1; THENCE S25°44' 12"E 40.41 FEET; THENCE S21 °28'23 "E 37.09 FEET; THENCE
S41040'57"E 197.95 FEET; THENCE S14°35'00"E 24.13 FEET TO THE NORTH RIGHT OF WAY OF
WEST CEMETERY ROAD; THENCE S75°25'00"W 96.07 FEET ALONG SAID NORTH RIGHT OF
WAY; THENCE S88°5744"W 64.67 FEET ALONG SAID NORTH RIGHT OF WAY TO THE POINT
OF BEGINNING.
SAID PARCEL CONTAINS 0.48 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
This release is not contingent upon any monetary pay down of the existing mortgage loan which would
have previously included the identified parcel. Please let me know if you have any questions or need
any other information pertaining to this action.
JZ
'ie R. Jonas
ice President
Commercial L ding
11 e Member
EQUAL HOUSING®'C
LENDER
Cjuaranty_Bank.
For your kind of life.
Prepared by & Return to:
J. Anderson, Guaranty Bank, PO Box 1807, Cedar Rapids, IA 52406-1807 (319) 286-6200
PARTIAL RELEASE of REAL ESTATE MORTGAGE
Guaranty Bank & Trust Company, a corporation of the state of Iowa, does hereby acknowledge that part
payment has been made of a certain real estate mortgage bearing the date of JUNE 1, 2015, made and
executed by CMF & S INVESTMENTS, L.C., an Iowa limited liability company to Guaranty Bank
& Trust Company and recorded in the records of Linn County, Iowa, in Volume 9262 at Page 330 on
JUNE 2, 2015 and hereby releases:
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: BEGINNING AT THE SOUTHEAST CORNER OF THE
WEST 168.57 FEET OF SAID LOT 1; THENCE N2°23'55"W 267.70 FEET ALONG THE EAST LINE
OF THE WEST 168.57 FEET OF SAID LOT 1; THENCE S25°44'12"E 40.41 FEET; THENCE
S21028'23"E 37.09 FEET; THENCE S41°40'57"E 197.95 FEET; THENCE S14°35'00"E 24.13 FEET TO
THE NORTH RIGHT OF WAY OF WEST CEMETERY ROAD; THENCE S75°25'00"W 96.07 FEET
ALONG SAID NORTH RIGHT OF WAY; THENCE S88057'44"W 64.67 FEET ALONG SAID
NORTH RIGHT OF WAY TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 0.48 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
from the lien of said mortgage, leaving said mortgage in full force as to the remaining property described
therein.
Signed this It of June 2016.
G
e
STATE OF IOWA )
COUNTY OF LINN ) ss:
This instrument was acknowledged before me on this
Vice President of Guaranty Bank & Trust Company.
WE
ANDERSON
a" °� a1'•21
` owP-
1.3 day of June. 2016 by Jamie R. Jonas as
()Notary Public in and for said State
IOWA DEPARTMENT of NATURAL RESOURCES
TIME OF TRANSFER INSPECTION WAIVER
BINDING AGREEMENT for FUTURE INSTALLATION
542-0064
This agreement is entered into this 19
between the Linn
day of February
,20 16 by and
County Board of Health and CMF & S Investments, L.C.
It is understood that Iowa Code 455B.172(11) requires an inspection of the private sewage disposal
system on all properties not specifically exempted in Iowa at the time of transfer.
The property located at 98 W Cemetery Rd., Fairfax , Iowa is subject to the inspection,
and the buyer CMF & S Investments, L.C.
sewage disposal system serving this property.
understands there is not an adequate private
It is hereby agreed that the time of transfer inspection will not be required and the buyer agrees that a
code compliant private sewage disposal system or connection to a public sewer shall be installed to serve
the property and shall be completed -no later than 15th day of
Dated the 19th day of Feburary
BUYER
This instrument was acknowledged before me on
by
05/2010cmz
June
20 16
Print Form
IOWA DEPARTMENT of NATURAL RESOURCES
TIME OF TRANSFER INSPECTION WAIVER
BINDING AGREEMENT for FUTURE INSTALLATION
542-0064
This agreement is entered into this 24th day of
between the Linn
June
,20 16 by and
County Board of Health and CMF & S Investments, L.C.
It is understood that Iowa Code 455B. 172 (11) requires an inspection of the private sewage disposal
system on all properties not specifically exempted in Iowa at the time of transfer.
The property located at
98 W. Cemetery Rd., Fairfax
and the buyer CMF & S Investments, L.C.
sewage disposal system serving this property.
, Iowa is subject to the inspection,
understands there is not an adequate private
It is hereby agreed that the time of transfer inspection will not be required and the buyer agrees that a
code compliant private sewage disposal system or connection to a public sewer shall be installed to serve
the property and shall be completed no later than 24th day of
Dated the 24th day of June
BUYER
This instrument was acknowledged before me on
by
September 20 16
_ ,20 16
COUNTY httARITOF HEALTH or
AUTHORIZED REPRESENTATIVE
Notary Public
, 20
05/2010cmz 542-0064
1307WIO
Buyer's Closing; Statement - Doty -Cross
Buyer/Borrower City of Fairfax, an Iowa Municipal Corporation
Seller Debra Gail Doty and Karle Dac Cross
Property Location fart of Lot 2, James Kurtz's Second Lender
Addition to Fairfax, Iowa
Settlement Date 06/30/16 Settlement Agent Simmons Perrine Moyer Bergman PI,C
Debits
Contract sales price 1.00
Basement Linn County Recorder 27.00
Total Debits _-_-- —__2.00
Credits
Total Credits 0.00
Balance Due From Buyer 28.00
APPROVAL
The undersigned hereby acknowledges receipt of a copy of the foregoing statement, agrees to the accuracy thereof, and
approves and authorizes the disbursements reflected above.
City of Fairfax, an Iowa Municipal Corporation
By: 06/30/16
Bernie Frieden, Mayor
By: _ 06/30/16
Cynthia Stimson, City Clerk
�aou�oe.:oroic
Seller's Closing Statement - Doty -Cross
Buyer/Borrower City of Fairfax, an Iowa Municipal Corporation
Seller Debra Gail Doty and Karle Dae Cross
Properly Location Part of Lot 2, James Kurtz's Second Lender
Addition to Fairfax, Iowa
Settlement Date 06/30/16 Settlement Agent Simmons Perrine Moyer Bergman PLC
Credits
Contract sales price
Debits
Balance Due To Seller
1.00
_ ......._......... _. _ ..
Total Credits 1.00
Total Debits 0.00
1.00
APPROVAL
The undersigned hereby acknowledges receipt of a copy of the foregoing statement, agrees to the accuracy thereof, and
approves and authorizes the disbursements reflected above.
06/30/16
Debra Gail Doty
06/30/16
Karle Dae Cross