HomeMy WebLinkAboutRESOLUTION NO. 2016-136 RESOLUTION NO. 2016-136
RESOLUTION CAUSING RESOLUTION NO. 2016-05 TO BE NULL AND VOID,
AND VACATING A PUBLIC ACCESS EASEMENT, A PRIVATE ACCESS
EASEMENT, AND A SANITARY SEWER EASEMENT, ALL PART OF SOBASKI'S
ADDITION IN THE CITY OF FAIRFAX, LINN COUNTY, IOWA;
WHEREAS, on the 9"' day of February, 2016, the City Council of Fairfax, Iowa approved Resolution
No. 2016-05, vacating easements as part of Sobaski's Addition in the City of Fairfax, Linn County, Iowa, and
WHEREAS, Said Resolution No. 2016-05 had a scrivener's error, resolving by the City Council of
Fairfax, Iowa the vacation of the 10 foot wide Utility Easement located on part of Lot 1, Lot 2, and Outlot A
of Sobaski's Addition in the City of Fairfax, Linn County, Iowa, and
WHEREAS, Said Resolution No. 2016-05 should have resolved the vacation of a 60 foot wide Public
Access Easement, a 20 foot wide Sanitary Sewer Easement, and a 30 foot wide Private Access Easement, all
located on part of Lot 1, Lot 2, and Outlot A of Sobaski's Addition in the City of Fairfax, Linn County, Iowa.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, that
Resolution No. 2016-05 is hereby considered Null and Void, and that the following shall supersede Resolution
No. 2016-05:
WHEREAS, a notice was duly given and a public hearing held as required by law, and
WHEREAS, The City of Fairfax, Iowa does possess a 60' wide Public Access Easement and a 20 foot
wide Sanitary Sewer Easement, and there is also a 30 foot wide Private Access Easement, all located on the
following described property:
Part of Lot 1, Lot 2, and Outlot A of Sobaski's Addition in the City of Fairfax, Linn County, Iowa
WHEREAS, Sobaski Real Estate, L.L.C. has requested the City of Fairfax vacate the public's interest
in and to said easements, and
WHEREAS, Sobaski Real Estate, L.L.C. has submitted an Access and Sanitary Sewer Easement
Vacation Exhibit and related documentation to the City of Fairfax, Iowa, dated February 4, 2016, and
WHEREAS, Hall and Hall Engineers, Inc. has reviewed said Access and Sanitary Sewer Easement
Vacation request by Sobaski Real Estate, L.L.C. and recommends the interests in said easement held by the
City of Fairfax is no longer necessary to serve the public interest and has further recommended said easement
be vacated.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, that the
Vacation of the 60 foot wide Public Access Easement, the 20 foot wide Sanitary Sewer Easement, and the 30
foot wide Private Access Easement, all located on part of Lot 1, Lot 2, and Outlot A of Sobaski's Addition in
the City of Fairfax,Linn County,Iowa,is hereby acknowledged and approved on the part of the City of Fairfax,
Linn County, Iowa.
BE IT FURTHER RESOLVED, by the City Council of Fairfax, Iowa, that the Mayor and the City
Clerk/Treasurer are hereby authorized and directed to execute said Resolution.
Passed and approved this 13`x' day of December, 2016.
AYES: Beer, Daly, Kell, Volk, and Wainwright
NAYS: None
urnell G. Frieden, Mayor
ATTEST:
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C nt iia Stimson, City Clerk/Treasurer