HomeMy WebLinkAboutRESOLUTION NO. 2017-11 RESOLUTION NO. 2017-11
RESOLUTION APPROVING THE FINAL PLAT, DEVELOPMENT AGREEMENT,
AND ASSOCIATED OFF-SITE EASEMENTS FOR HEARTLAND HEIGHTS FIRST
ADDITION IN THE CITY OF FAIRFAX, LINN COUNTY, IOWA
WHEREAS, a Final Plat of Heartland Heights First Addition in the City of Fairfax, Linn County,
Iowa has been submitted to the City of Fairfax by Iowa Lot Development, LLC; and
WHEREAS, a Development Agreement, by and between Iowa Lot Development, LLC and the City
of Fairfax, for said Heartland Heights First Addition has been prepared as part of the Heartland Heights First
Addition Final Plat Bound Documents; and
WHEREAS, Temporary and Permanent Off-site Easements which serve the Heartland Heights First
Addition, but are located outside of the Heartland Heights First Addition Final Plat boundary are also part of
the Heartland Heights First Addition Final Plat Bound Documents; and
WHEREAS, Hall and Hall Engineers, Inc. has reviewed said Final Plat of Heartland Heights First
Addition in the City of Fairfax, Linn County, Iowa, the Development Agreement for said Heartland Heights
First Addition, and the Temporary and Permanent Off-site Easements of said Heartland Heights First
Addition, and has found said Final Plat, Development Agreement, and Temporary and Permanent Off-site
Easements to be in accordance with the provisions of the laws of the State of Iowa and the ordinances of the
City of Fairfax, Iowa, in relation to this development within the City of Fairfax, and has further
recommended approval of said Final Plat, Development Agreement, and Temporary and Permanent Off-site
Easements.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, that
the Final Plat of Heartland Heights First Addition in the City of Fairfax, Linn County, Iowa, The
Development Agreement for said Heartland Heights First Addition, and the Temporary and Permanent Off-
site Easements for said Heartland Heights First Addition are 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 14"' day of March, 2017.
AYES: Beer, Daly, Kell, and Volk
NAYS: None
ABSENT: Wainwright
Burnell Frieden, Mayor
ATTEST: ,,-
�1 P:• 0ll:lp�,
C, nthia Stimson Ci y Clerk/Treasurer �
V . F
4t
HEARTLAND HEIGHTS FIRST ADDITION
IN THE CITY OF FAIRFAX, LINN COUNTY, IOWA
OWNER'S CERTIFICATE
KNOW ALL MEN BY THESE PRESENTS: That, Iowa Lot Development, LLC, being owner of all the
land included in HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY OF FAIRFAX, LINN COUNTY, IOWA,
has caused a survey and subdivision of said land to be made, the lots and streets to be marked, named,
lettered and numbered, as shown by a Plat dated MA(LCH 3Qi0 2017, and the Certificate of
Thomas E. Hagensee, Licensed Land Surveyor, both of which documents are attached hereto, to the end
that the same may be recorded and hereafter designated and known as HEARTLAND HEIGHTS FIRST
ADDITION IN THE CITY OF FAIRFAX, LINN COUNTY, IOWA.
And the said, Iowa Lot Development, LLC, hereby acknowledges the subdivision to be by its free
consent and in accordance with its desires, and does hereby set apart and dedicate to public use as
public highways forever, all the land included in the streets only as shown on said Plat, Lot 'A' (801h
Street SW), Lot 'B' (Beverly Road, Heartland Street, Heartland Court, Applewood Drive, Bridgewood
Drive, Cardinal Drive, Deerfield Drive, Eagleview Drive, Foxtail Drive, and Glen Oaks Drive) or described
in said Certificate and does dedicate to public use the easements for the purposes shown on said Plat.
�IN WITNESS W&"011
EOF, the said Company has caused these presents to be signed on this
day ofram r C/ -, 2017
IOWA LOT DEVELOPMENT, LLC
BY J0• C
Shane A. Schrader— Member -Manager
STATE OF IOWA, COUNTY OF LINN)
This instrument was acknowledged before me on this —day of e6(�A,er , 2017 by
Shane A. Schrader as a Member -Manager of Iowa Lot Development, LLC
Notary Public in and for
WN
®AVID R. STUERxr Commission Number 772252My March 23Commiss�� 2018 fires
SURVEYOR'S CERTIFICATE
FINAL PLAT, HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY OF FAIRFAX, LINN
COUNTY, IOWA, is part of the South Half of the Southeast Quarter and part of the South Half of the
Southwest Quarter of Section 4, all located in Township 82 North, Range 8 West of the Fifth Principal
Meridian, Fairfax, Iowa as described on Exhibit "A" attached hereto and made a part hereof.
Said HEARTLAND HEIGHTS FIRST ADDITION is divided into 97 lots, numbered Lot 1 through 97, Lot A (80th
Street SW) and Lot B (Beverly Road, Applewood Drive, Heartland Court, Bridgewood Drive, Cardinal Drive,
Deerfield Drive, Eagleview Drive, Foxtail Drive, Glen Oaks Drive, and Heartland Street). The number or letter
of each Lot is designated on the Final Plat by figures near the center of the lot.
All lands within the final plat that are designated for streets, more specifically Lot A (80th Street SW) and Lot
B (Beverly Road, Applewood Drive, Heartland Court, Bridgewood Drive, Cardinal Drive, Deerfield Drive,
Eagleview Drive, Foxtail Drive, Glen Oaks Drive, and Heartland Street) are now being dedicated to the public
by the owner.
Dimensions of each lot, street widths, and distances from lines and corners of the United States public land
survey system and/or recorded subdivisions are shown in feet and decimals thereof on said Final Plat.
Lot areas are provided pursuant to the provisions of Section 354.6, Paragraph 3, Code of Iowa, and details of
said monumentation are depicted in the Legend of said Final Plat.
Easements are reserved as shown on said Final Plat, and in widths noted and dedicated for the purposes
shown.
11111111,111
I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED
S10Nq< ����
AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER
MY DIRECT PERSONAL SUPERVISION AND THAT I AMA DULY LICENSED
UNDER THE LAWS OFTHE STATE OFIOWA.
�/�O�••
LAND SURVEYOR
o THOMAS E. e (f):
W HAGENSEE C :
DATE
09889
SIGNATURE
• :
THOMAS E. HAGENSEE
i�� "• •• Q��
'��/� • • •
LICENSE NUMBER: 99889
�,
MY LICENSE RENEWAL DATE IS DECEMBER 31, 2017.
'111111111111
PAGES OR SHEETS COVERED BY THIS SEAL: THIS SHEET ONLY
Exhibit "A"
Legal Description
Heartland Heights First Addition in the City of Fairfax, Iowa
ALL OF PARCEL 'A' OF PLAT OF SURVEY 2093 AS RECORDED IN PLAT BOOK 9668, PAGE 634 IN THE
RECORDS OF LINN COUNTY RECORDER'S OFFICE, LYING IN THE SOUTH HALF OF THE SOUTHEAST
QUARTER OF SECTION 4 IN TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH PRINCIPAL MERIDIAN,
FAIRFAX, IOWA;
AND A PORTION OF PARCEL 'A' OF PLAT OF SURVEY 2094 AS RECORDED IN PLAT BOOK 9668, PAGE 635
IN THE RECORDS OF LINN COUNTY RECORDER'S OFFICE LYING IN THE SOUTH HALF OF THE
SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH PRINCIPAL
MERIDIAN, FAIRFAX, IOWA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL'A', ALSO BEING THE SOUTH QUARTER
CORNER OF SAID SECTION 4; THENCE S88°10'21"W ALONG THE SOUTH LINE OF SAID PARCEL'A', A
DISTANCE OF 184.65 FEET; THENCE N07°09'57"E, A DISTANCE OF 260.75 FEET TO A POINT OF
CURVATURE; THENCE WESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 170.00 FEET AND
A CHORD BEARING OF N72°02'59"W, AN ARC LENGTH 32.81 FEET; THENCE N00°03'37"W, A DISTANCE OF
190.74 FEET; THENCE N08°25'53"W, A DISTANCE OF 103.70 FEET; THENCE N08°37'34"W, A DISTANCE OF
102.81 FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL'A'; THENCE N88°12'51"E ALONG SAID
NORTH LINE, A DISTANCE OF 190.21 FEET TO THE NORTHEAST CORNER OF SAID PARCEL'A'; THENCE
S02°03'43"E ALONG THE EAST LINE OF SAID PARCEL'A', A DISTANCE OF 664.25 FEET TO THE POINT OF
BEGINNING.
SAID TRACTS OF LAND CONTAIN 49.24 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
RESOLUTION NO. 2017-11
RESOLUTION APPROVING THE FINAL PLAT, DEVELOPMENT AGREEMENT,
AND ASSOCIATED OFF-SITE EASEMENTS FOR HEARTLAND HEIGHTS FIRST
ADDITION IN THE CITY OF FAIRFAX, LINN COUNTY, IOWA
WHEREAS, a Final Plat of Heartland Heights First Addition in the City of Fairfax, Linn County,
Iowa has been submitted to the City of Fairfax by Iowa Lot Development, LLC; and
WHEREAS, a Development Agreement, by and between Iowa Lot Development, LLC and the City
of Fairfax, for said Heartland Heights First Addition has been prepared as part of the Heartland Heights First
Addition Final Plat Bound Documents; and
WHEREAS, Temporary and Permanent Off-site Easements which serve the Heartland Heights First
Addition, but are located outside of the Heartland Heights First Addition Final Plat boundary are also part of
the Heartland Heights First Addition Final Plat Bound Documents; and
WHEREAS, Hall and Hall Engineers, Inc. has reviewed said Final Plat of Heartland Heights First
Addition in the City of Fairfax, Linn County, Iowa, the Development Agreement for said Heartland Heights
First Addition, and the Temporary and Permanent Off-site Easements of said Heartland Heights First
Addition, and has found said Final Plat, Development Agreement, and Temporary and Permanent Off-site
Easements to be in accordance with the provisions of the laws of the State of Iowa and the ordinances of the
City of Fairfax, Iowa, in relation to this development within the City of Fairfax, and has further
recommended approval of said Final Plat, Development Agreement, and Temporary and Permanent Off-site
Easements.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, that
the Final Plat of Heartland Heights First Addition in the City of Fairfax, Linn County, Iowa, The
Development Agreement for said Heartland Heights First Addition, and the Temporary and Permanent Off-
site Easements for said Heartland Heights First Addition are 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 14t" day of March, 2017.
AYES: Beer, Daly, Kell, and Volk
NAYS: None
ABSENT: Wainwright
ATTEST:
C�� nthia Stimson, Ci y Clerk/Treasurer
Burnell Frieden, Mayor
TREASURER'S CERTIFICATE
STATE OF IOWA )
) ss:
COUNTY OF LINN )
I, Sharon Gonzalez, Treasurer of Linn County, Iowa, hereby certify that the land described on Exhibit "A"
attached hereto and made a part hereof is free from certified taxes and certified special assessments or
that the land is free from certified taxes and that the certified special assessments are secured by bond
in compliance with Section 354.12 Code of Iowa as shown by Records of this Office.
Dated this 1_ day of V r I 2017
o'
V�
Sharon Gonzalez
Treasurer of Linn County, lom a
Exhibit "A"
Legal Description
Heartland Heights First Addition in the City of Fairfax, Iowa
ALL OF PARCEL 'A' OF PLAT OF SURVEY 2093 AS RECORDED IN PLAT BOOK 9668, PAGE 634 IN THE
RECORDS OF LINN COUNTY RECORDER'S OFFICE, LYING IN THE SOUTH HALF OF THE SOUTHEAST
QUARTER OF SECTION 4 IN TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH PRINCIPAL MERIDIAN,
FAIRFAX, IOWA;
AND A PORTION OF PARCEL 'A' OF PLAT OF SURVEY 2094 AS RECORDED IN PLAT BOOK 9668, PAGE 635
IN THE RECORDS OF LINN COUNTY RECORDER'S OFFICE LYING IN THE SOUTH HALF OF THE
SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH PRINCIPAL
MERIDIAN, FAIRFAX, IOWA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL'A', ALSO BEING THE SOUTH QUARTER
CORNER OF SAID SECTION 4; THENCE S88°10'21"W ALONG THE SOUTH LINE OF SAID PARCEL'A', A
DISTANCE OF 184.65 FEET; THENCE N07°09'57"E, A DISTANCE OF 260.75 FEET TO A POINT OF
CURVATURE; THENCE WESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 170.00 FEET AND
A CHORD BEARING OF N72°02'59"W, AN ARC LENGTH 32.81 FEET; THENCE N00°03'37"W, A DISTANCE OF
190.74 FEET; THENCE N08°25'53"W, A DISTANCE OF 103.70 FEET; THENCE N08°37'34"W, A DISTANCE OF
102.81 FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL'A; THENCE N88'12'51 "E ALONG SAID
NORTH LINE, A DISTANCE OF 190.21 FEET TO THE NORTHEAST CORNER OF SAID PARCEL'A; THENCE
S02°03'43"E ALONG THE EAST LINE OF SAID PARCEL'A', A DISTANCE OF 664.25 FEET TO THE POINT OF
BEGINNING.
SAID TRACTS OF LAND CONTAIN 49.24 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
Linn County Auditor
Linn County, Iowa
Joel D. Miller, Auditor
Rebecca Shoop, First Deputy
County Auditor's Certificate
Approval of Subdivision Plat Name by Linn County Auditor
Date: November 1St, 2016
The Linn County Auditor's Office has reviewed the final plat name
of:
Heartland Heights First Addition
in the Citv of Fairfax, Linn County, Iowa
and has determined that it is a succinct and unique name for the
subdivision contained herein, pursuant to Iowa Code 5354.6(2) and
8354.11M. The subdivision name or title is approved.
c
w
4
1 . SLG
Signed: '"-
oel D Miller
Linn County Auditor
linncountyauditor.org Q
Public Service Center auditor@linncounty.org
935 Second Street Southwest Phone 319.892.5300
Cedar Rapids, Iowa 52404-2100 fax 319.892.5359
DEVELOPMENT AGREEMENT
This Development Agreement (this "Agreement") is entered into this 15th day of March, 2017, by and
between the undersigned property owner (hereinafter referred to as the DEVELOPER) and the City of Fairfax,
Linn County, Iowa (hereinafter referred to as the CITY).
RECITALS
The DEVELOPER is owner of the following described property:
See Attached Exhibit "A"
The DEVELOPER proposes to record a final plat situated on a portion of the Real Estate to be known
as Heartland Heights First Addition in the City of Fairfax, Linn County, Iowa and has prepared a
proposed final plat of such addition (the "Plat"). Said Addition shall consist of Lot 1 through Lot 97,
and Lots 'A' and 'B' (Public Streets Right-of-way), all inclusive.
NOW BE IT RESOLVED, the DEVELOPER and the CITY hereby agree as follows:
The DEVELOPER and any contractor or other agent employed by the DEVELOPER shall provide
insurance as reasonably required by the CITY when working within the public rights-of-way.
THAT PRIOR TO THE ISSUANCE OF A BUILDING PERMIT for Lots 2 and 3, Lots 6 through 12 all
inclusive, and Lots 79 through 96 all inclusive, the DEVELOPER shall construct the storm water
drainage swales as shown on the approved Plan of Improvements for the Heartland Heights First
Addition, as shown on the "Heartland Heights —1st Addition in the City of Fairfax, Linn County, Iowa
- Phase 3 Street Paving, Beverly Road Trail Paving and Storm Sewer Plan of Improvements" Signed
and Sealed on March 3, 2017. These storm water drainage swales, located within the Private Storm
Water Drainage and Public Storm Sewer Easements, shall be stabilized with permanent ground cover.
THAT PRIOR TO THE ISSUANCE OF A FINAL OR TEMPORARY CERTIFICATE OF OCCUPANCY for Lots 2
and 3, Lots 6 through 12 all inclusive, Lots 15 through 21 all inclusive, and Lots 28 through 97 all
inclusive, the DEVELOPER shall provide certification by a civil engineer licensed in the State of Iowa
verifying that the runoff from the 100 -year storm event can be conveyed through the proposed
development on these Lots without damage to the building structures. The DEVELOPER shall provide
the low openings for these Lots.
4. The DEVELOPER shall own and maintain the storm water drainage swales located within the Private
Storm Water Drainage and Public Storm Sewer Easements, which shall convey the 100 -year storm
event overland through Lots 2 and 3, Lots 6 through 12 all inclusive, Lots 15 through 21 all inclusive,
and Lots 28 through 97 all inclusive. The DEVELOPER also agrees not to restrict the overland
conveyance of the 100 -year storm event through these drainage swales.
The City shall own and maintain the storm sewer facilities (culverts, storm sewer, intakes, storm
manholes, and drain -tiles), including the culvert outlet protection (revetment) located within the
Private Storm Water Drainage and Public Storm Sewer Easements.
6. THAT PRIOR TO THE ISSUANCE OF A BUILDING PERMIT on Lot 79, which is located within the FEMA
Special Flood Hazard Area (SFHA), this Lot shall meet the requirements of Chapter 160 — Flood Plain
Ordinance, of the City's Code of Ordinances, and the FEMA Flood Plain Regulations.
The DEVELOPER shall establish an individual Letter of Credit in the amount of $19,696.00 ($400.00
per Acre) to be paid to the CITY for the Storm Water Fee for Heartland Heights First Addition. This
Fee was waived as part of Condition No. 17 of the Heartland Heights Subdivision Preliminary Plat
Acceptance of Conditions, Resolution No. 2016-43, based upon the premise that the DEVELOPER
shall provide additional storm water management for future developments beyond the Heartland
Heights Subdivision with the two proposed regional detention ponds. At this time in which the
DEVELOPER is final platting Heartland Heights First Addition, the status of these two proposed
regional ponds is unclear, and the extent of which these two ponds will provide storm water
management beyond the overall Heartland Heights Subdivision is unclear as well. Once the extent of
these two regional detention ponds is clearly established, is acceptable to the City of Fairfax, the
Iowa DNR, and the Army Corp of Engineers, and the amount of off-site storm water mitigation
beyond the overall Heartland Heights subdivision is determined, the CITY and the DEVELOPER shall
finalize the amount of this $19,696.00 fee that the DEVELOPER shall pay to the CITY. If the entire
area of these two regionals detention ponds as established in the approved preliminary plat is
maintained with the final design and construction of these two ponds, then the entire $19,696.00
Storm Water Fee to the CITY shall be waived. If no offsite storm water management beyond the
overall Heartland Heights subdivision is provided for with these regional detention ponds, then the
DEVELOPER shall pay the CITY the entire $19,696.00 Storm Water Fee for Heartland Heights First
Addition. The Storm Water Management Fee shall be pro -rated if the final design and construction
of these two regional detention ponds falls somewhere in between these two scenarios. If the
DEVELOPER fails to perform its obligations to pay the Storm Water Management Fee that is
determined once the,final design of these regional detention ponds is complete, the CITY will have
the automatic right to draw on this letter of credit.
ON OR BEFORE OCTOBER 1, 2018, THE DEVELOPER shall provide permanent storm water
management facilities (storm water mitigation and storm water quality) per the Cedar Rapids
Metropolitan Area Design Standards and Specifications for the entire Heartland Heights First
Addition. NO BUILDING PERMITS WITHIN THE HEARTLAND HEIGHTS FIRST ADDITION SHALL BE
ISSUED AFTER OCTOBER 1, 2018 until the permanent storm water management facilities area
installed and accepted by the CITY. From the time that this Agreement is executed until the CITY
accepts these permanent storm water management facilities, The DEVELOPER shall provide
temporary sediment basins located between Heartland Heights First Addition and the existing creek.
9. THAT PRIOR TO THE ISSUANCE OF A FINAL CERTIFICATE OF OCCUPANCY, the DEVELOPER shall:
a. Construct 5' wide concrete sidewalks along the front yard street frontages adjacent to Lots 2
through 97 all inclusive.
b. Construct a 5' wide concrete sidewalk along Beverly Road adjacent to Lot 25.
c. Construct a 5' wide concrete sidewalks along the side yard street frontages adjacent to Lots
12, 18, 32, 33,40, 41, 48, 49, 56, 62, 63, 70, 71, 78, 86, 87, 96, and 97.
Construct pedestrian ramps with a 5'x5' landings at each street intersection as shown on the
"Heartland Heights —1st Addition in the City of Fairfax, Linn County, Iowa — Phase 3 Street
Paving, Beverly Road Trail Paving and Storm Sewer Plan of Improvements" Signed and Sealed
on March 3, 2017.
The DEVELOPER shall be responsible for the maintenance (including snow removal), repair,
and replacement of all 5' wide sidewalks, sidewalk pedestrian ramps, and sidewalk landings
located within the public streets rights-of-way adjacent to each Lot within Heartland Heights
First Addition.
10. When there are pedestrian facilities located along 80th Street SW at the Beverly Road intersection,
and the CITY deems it necessary, the DEVELOPER shall install sidewalks along Beverly Road adjacent
to Lots 2, 13, 14, and 24.
11. THAT PRIOR TO THE ISSUANCE OF A TEMPORARY OR FINAL CERTIFICATE OF OCCUPANCY FOR LOT 1
OF THE HEARTLAND HEIGHTS FIRST ADDITION, OR AT THE TIME THAT BEVERLY ROAD IS EXTENDED
WEST OF HEARTLAND HEIGHTS FIRST ADDITION, WHICHEVER OCCURS FIRST, the DEVELOPER shall
construct an 11' wide concrete trail along the north side of Beverly Road as shown on the "Heartland
Heights —1st Addition in the City of Fairfax, Linn County, Iowa — Phase 3 Street Paving, Beverly Road
Trail Paving and Storm Sewer Plan of Improvements" Signed and Sealed on March 3, 2017. The CITY
shall reimburse the DEVELOPER for 50% of the granular subbase and paving costs for this trail upon
receiving a copy of the invoices for these items from the DEVELOPER.
12. The CITY shall be responsible for routine maintenance (including snow removal) and repair of the 11'
wide PCC trail along Beverly Road. The City shall also be responsible for replacing 6' of PCC width of
this 11' PCC trail, pedestrian ramps, and trail landings, as well as all of the granular subbase for this
trail. The DEVELOPER shall be responsible for replacing 5' of PCC width of this 11' PCC trail,
pedestrian ramps, and trail landings located within the Beverly Road right-of-way.
13. THAT PRIOR TO THE ISSUANCE OF THE FIRST TEMPORARY OR FINAL CERTIFICATE OF OCCUPANCY in
the Heartland Heights First Addition, the DEVELOPER shall construct the three concrete mailbox pads
and have the appropriate mailboxes installed for the Heartland Heights First Addition, as shown on
the "Heartland Heights —1st Addition in the City of Fairfax, Linn County, Iowa — Phase 3 Street
Paving, Beverly Road Trail Paving and Storm Sewer Plan of Improvements" Signed and Sealed on
March 3, 2017.
14. THAT PRIOR TO THE ISSUANCE OF THE BUILDING PERMITS FOR THE ELEVENTH (11th) LOTTO BE
CONSTRUCTED ON WITHIN THE HEARTLAND HEIGHTS FIRST ADDITION, OR PRIOR TO THE ISSUANCE
OF A BUILDING PERMIT ON LOT 1 OF HEARTLAND HEIGHTS FIRST ADDITION, WHICHEVER OCCURS
FIRST, the DEVELOPER shall complete the following:
a. Connect Lot 2, Winifred's First Addition to Linn County, Iowa to the CITY's public sanitary
sewer system that is installed as part of the Heartland Heights First Addition public
improvements.
b. Prior to the DEVELOPER connecting Lot 2, Winifred's First Addition to Linn County, Iowa, the
Owner of said Lot 2 of Winifred's First Addition shall pay the CITY for the Sanitary Sewer
Connection fee for said Lot 2, Winifred's First Addition. This Connection Fee is $4,917.75.
c. The DEVELOPER shall remove and dispose of off-site the portion of the existing septic system
for Lot 2 of Winifred's First Addition to Linn County, Iowa that is located on Lot 1 of
Heartland Heights First Addition.
15. THAT UPON THE DEVELOPER'S SALE OF EACH INDIVIDUAL VACANT LOT WITHIN THE HEARTLAND
HEIGHTS FIRST ADDITION, OR IF THE DEVELOPER DOES NOT SELL THE LOT(S), THEN PRIOR TO THE
ISSUANCE OF THE PLUMBING PERMITS FOR EACH INDIVIDUAL LOT WITHIN THE HEARTLAND HEIGHTS
FIRST ADDITION, the DEVELOPER shall pay the CITY the Sanitary Sewer Connection Fee per
Resolution No. 2017-09, and as follows:
a. The Heartland Heights First Addition is 49.24 Acres in size.
b. The 2017 sanitary sewer connection fee is $1,070.31 per Acre, establishing an overall
sanitary sewer connection fee (in 2017 dollars) of $52,702.06.
c. The 2017 Sanitary Sewer Connection Fees per Lot shall be as follows:
L Single -Family Lots (Lot 33 through Lot 97 all inclusive) - $425.00 per Lot
ii. Multi -family Lots (Lot 2 through Lot 32 all inclusive) - $750.00 per Lot
iii. Commercial Lots (Lot 1) - $1,827.06
d. These Sanitary Sewer Connection Fees shall be adjusted annually based upon the interest
rates that the CITY is paying on the Phase 1 Sanitary Sewer Extension Project and on the
Phase 2 Sanitary Sewer Extension Project.
16. THAT UPON THE DEVELOPER'S SALE OF EACH INDIVIDUAL VACANT LOT WITHIN THE HEARTLAND
HEIGHTS FIRST ADDITION, OR IF THE DEVELOPER DOES NOT SELL THE LOT(S), THEN PRIOR TO THE
ISSUANCE OF THE PLUMBING PERMITS FOR EACH INDIVIDUAL LOT WITHIN THE HEARTLAND HEIGHTS
FIRST ADDITION, the DEVELOPER shall pay the CITY the Water Main Connection Fee per Resolution
No. 2017-08, and as follows:
a. The Heartland Heights First Addition is 49.24 Acres in size.
b. The Water Main Connection Fees for 2017 shall be the same as the Water Main Connection
Fees for 2016, therefore the 2017 Water Main Connection Fees shall be $34,366.07.
c. The 2017 Water Main Connection Fees per Lot shall be as follows:
i. Single -Family Lots (Lot 33 through Lot 97 all inclusive) - $275.00 per Lot
ii. Multi -family Lots (Lot 2 through Lot 32 all inclusive) - $490.00 per Lot
iii. Commercial Lots (Lot 1) - $1,301.07
d. These Water Main Connection Fees shall be adjusted annually, starting in 2018, based upon
the Consumer Price Index (CPI) established in January each calendar Year.
17. FOR EACH BUILDING PERMIT ISSUED in the Heartland Heights First Addition, the DEVELOPER shall
owe / pay to the CITY the following Participation Costs in the future 80th Street Improvement
Projects:
a. Single -Family Lots - $1,429.05 per Lot
b. Multi -family Lots - $2,347.73 per Lot
c. Commercial Lots - $5,716.20 per Lot
d. These Participation Costs in the future 80th Street Improvement Projects shall be adjusted
annually based upon the annual inflation rate as determined by the Consumer Price Index
(CPI) as reported in January of each year (December CPI of the previous year to the
December CPI of the current year).
e. The DEVELOPER shall be allowed to withhold payment to the CITY for these participation
costs in the future 80th Street Improvement Projects until the earlier of September 1, 2021 or
the sale of one-half of the Lots in the Heartland Heights subdivision, as shown on the
Preliminary Plat signed by Mayor Frieden on June 6, 2016. At that time, the DEVELOPER shall
pay the CITY for all Lots built on or sold since the beginning of the Heartland Heights First
Addition.
All other portions of Condition No. 20 of the Heartland Heights Subdivision Preliminary Plat
Acceptance of Conditions, Resolution No. 2016-43 shall apply to these 80`" Street
improvement participation costs by the DEVELOPER.
18. The CITY shall Provide and Install all public street signs within the public streets rights-of-way within
Heartland Heights First Addition.
19. THAT PRIOR TO THE ISSUANCE OF THE FIRST TEMPORARY OR FINAL CERTIFICATE OF OCCUPANCY in
the Heartland Heights First Addition, The DEVELOPER shall cause to be install the Street Lights per
the "Heartland Heights —1st Addition in the City of Fairfax, Linn County, Iowa — Phase 3 Street
Paving, Beverly Road Trail Paving and Storm Sewer Plan of Improvements" Signed and Sealed on
March 3, 2017, and the DEVELOPER shall also provide the CITY with an acceptable verification of
payment to Linn County REC for said street light installation.
20. THAT PRIOR TO THE ISSUANCE OF THE FIRST TEMPORARY OR FINAL CERTIFICATE OF OCCUPANCY in
the Heartland Heights First Addition, The DEVELOPER shall cause to be installed the necessary
Franchise Utilities to properly service the Heartland Heights First Addition, and the DEVELOPER shall
also provide the CITY with an acceptable verification of payment to these Franchise Utilities for said
utilities installation.
21. The CITY shall grant the DEVELOPER the building permits for up to, but not more than ten (10)
separate Lots within the Heartland Heights First Addition prior to the CITY's acceptance of all of the
proposed public improvements for the Heartland Heights First Addition. No additional building
permits shall be issued within the Heartland Heights First Addition until all of the Heartland Heights
First Addition public improvements are constructed and accepted by the CITY.
22. The CITY shall grant the DEVELOPER the building permits for up to, but not more than thirty (30)
separate Lots within the Heartland Heights First Addition prior to the CITY's acceptance of the
permanent storm water management facilities that meets or exceeds the storm water management
requirements for the entire Heartland Heights First Addition per the Cedar Rapids Metropolitan Area
Design Standards and Specifications. No additional building permits shall be issued within the
Heartland Heights First Addition until these permanent storm water management facilities are
constructed and accepted by the CITY.
23. The DEVELOPER shall only be allowed to receive building permits for Lots that have water and street
improvements adjoining it that are acceptable to the CITY and the CITY's Fire Department.
24. THAT PRIOR TO THE ISSUANCE OF THE FIRST BUILDING PERMIT in the Heartland Heights First
Addition, the OWNER shall record the bound documents for the final plat of Heartland Heights First
Addition in the City of Fairfax, Linn County, Iowa at the Office of the Linn County Recorder.
25. THAT PRIOR TO THE CITY'S ACCEPTANCE OF THE PUBLIC IMPROVEMENTS IN HEARTLAND HEIGHTS
FIRST ADDITION, the DEVELOPER and any contractor or other agent employed by the DEVELOPER
shall provide the CITY with a Four (4) year maintenance surety on all of the public infrastructure,
including the public streets, that are part of the Heartland Heights First Addition improvements.
26. As a form of Assurance to the CITY to complete the public improvements as part of the Heartland
Heights First Addition, the DEVELOPER has provided to the CITY a Bank Letter of Credit (LOC) from
Fairfax State Savings Bank in the Amount of $1,869,418.95 to cover 120% of the DEVELOPERS
engineer's opinion of costs for the unfinished public improvements within and adjacent to Heartland
Heights First Addition. As the DEVELOPER satisfactorily completes the Heartland Heights First
Addition public improvements, the DEVELOPER may submit requests to the CITY Council to reduce
the amount of this letter of credit to align with the remaining costs necessary to complete the
Heartland Heights First Addition improvements. If the DEVELOPER fails to perform its obligations to
complete the Heartland Heights First Addition Public Improvements in a timely manner, the CITY will
have the automatic right to draw on this letter of credit.
27. The public improvements for Heartland Heights First Addition, and adjacent to and serving Heartland
Heights First Addition shall be completed by the DEVELOPER to the satisfaction of the CITY's Engineer
within one year from the date of this Agreement. Upon satisfactorily completing these public
improvements, the CITY shall accept the Heartland Heights First Addition public improvements and
shall release the Fairfax State Savings Bank Letter of Credit. This release instrument will indicate that
the public improvements have been accepted by the CITY and will release the DEVELOPER and the
Real Estate from all obligations due under this Agreement.
28. If the DEVELOPER fails to complete the Improvements within the time period as provided in this
Agreement, the CITY may cause the Improvements to be constructed in all respects as the CITY shall
reasonably deem appropriate. The CITY shall utilize the Fairfax State Savings Bank Letter of Credit for
all costs incurred by the CITY in completing the improvements.
29. The DEVELOPER shall be responsible for all expenses related to any and all damages to the public
infrastructure, and other real property, and assumes all risk of loss to the public infrastructure
contemplated by this agreement until the acceptance of the public improvements by the CITY.
30. Access to Lot 1 shall be restricted to one access at Beverly Road (Lot 1 shall not have direct access to
80th Street SW). This one access shall be a shared access with the future commercial lot immediately
west of Lot 1. This access shall be centered on the west property line of Lot 1. At the time that
either Lot 1 or the adjacent future commercial lot develops, the DEVELOPER shall provide an access
at this location to serve both Lot 1 and the future commercial Lot located just west of Lot 1.
31. The DEVELOPER shall ensure access for Heartland Heights First Addition to 80th Street SW at all times.
The DEVELOPER shall accomplish this by providing an emergency access route through Lot 1 to 80th
Street SW, if or when access to 80th Street SW by Beverly Road becomes restricted. If Lot 1 is sold
and/or developed on, the DEVELOPER shall do the following:
a. Provide another temporary emergency access route from Heartland Heights First Addition to
80th Street SW through another portion of the Heartland Heights Preliminary Plat; and
b. Within two (2) calendar years from the date that Lot 1 becomes unavailable for emergency
access, cause the public improvements for the streets and related public infrastructure (per
the approved preliminary plat) to be completed to the north to provide a permanent second
access for Heartland Heights First Addition to 80th Street SW.
32. Access to Lots 2, 3, 4, 5, and 6 shall be restricted to Heartland Court. These five Lots shall not have
direct access to 801h Street SW.
33. Access to Lots 2, 13, and 14 shall be restricted to Heartland Court. These three Lots shall not have
direct access to Beverly Road.
34. Access to Lots 24 and 25 shall be restricted to Applewood Drive. These two Lots shall not have direct
access to Beverly Road.
35. There shall be not parking along either side of 80th Street SW.
36. There shall be not parking along either side of Beverly Road.
37. There shall be no parking within the cul-de-sac of Heartland Court.
38. There shall be no parking along either side of Heartland Court from Applewood Drive to the cul-de-
sac of Heartland Court.
39. 80th Street SW, located along the east side of Heartland Heights First Addition in the City of Fairfax,
Linn County, Iowa, and more particularly along the east side of Lots 1, 2, 3, 4, 5, and 6 of said
Addition, is currently a two-lane rural roadway. At some time in the future, the CITY will improve
801h Street SW along the east side of these six Lots to a widened urban section. The DEVELOPER
agrees to provide a signed Temporary Construction Easement Agreement to the CITY for grading of
slopes to be done in conjunction with the widening / improvements of 80th Street SW adjoining Lots
1, 2, 3, 4, 5, and 6. This temporary construction easement shall be for the purpose of grading slopes
and other construction activities upon a portion of the real property of Lots 1, 2, 3, 4, 5, and 6 of
Heartland Heights First Addition as deemed necessary to improve 801h Street SW. Said Temporary
Construction Easement Agreement shall be provided to the DEVELOPER by the CITY at such time as
the CITY deems said easement necessary. The DEVELOPER shall provide to the CITY executed
Temporary Construction Easement Agreement(s) at no cost to the CITY. Within 50 feet of the east
property line of these Lots (the west right-of-way line of 80th Street SW, or Lot A), the DEVELOPER
agrees to remove and replace any and all structures, fencing, landscaping, trees, shrubs, any
vegetation other than standard turf grass, playground equipment, signs, or any other items that may
be located within these Temporary Construction Easements at no expense to the CITY.
40. The DEVELOPER acknowledges a permanent 15' wide Vegetation Management Easement along the
east side of Lots 1, 2, 3, 4, 5 and 6, parallel and adjacent to Lot A (801h Street SW). The purpose of
this Vegetation Management Easement is to allow Public Utilities the perpetual right to enter at all
times upon the vegetation management easement area to cut, trim, remove, destroy and otherwise
control any trees, bushes or brush now or hereafter standing or growing within the easement area.
Within a reasonable time after performing any work pursuant to this easement, said public utility
shall clean up the easement in accordance with best management practice for utility rights of way.
There shall be a list of permissible vegetative species that are allowed within this Vegetation
Management Easement and some tree planting may be acceptable in the easement area, for more
information please contact the ITC Midwest LLC Real Estate department for current standards at 319-
297-6700, 123 5th St SE, Cedar Rapids, IA 52401.
41. The CITY shall purchase Lot 97 from the OWNER at a price that is 75% of the selling price of the
surrounding single-family residential Lots at the time of the purchase. The CITY shall purchase Lot 97
from the OWNER by December 31, 2022. If the CITY does not purchase Lot 97 from the OWNER by
December 31, 2022, the OWNER can put LOT 97 on the market for sale to anyone.
42. THAT PRIOR TO THE ISSUANCE OF A FINAL CERTIFICATE OF OCCUPANCY, the DEVELOPER shall
provide for a minimum of 4" of topsoil on each Lot, Lots 1-97 all inclusive, and Lots A and B as well.
43. The DEVELOPER agrees to indemnify and hold harmless the CITY for damages or claims for damages
that may arise or accrue as a result of City Council approval of this Agreement.
44. This Agreement shall be binding upon the parties hereto and their heirs, successors, and assigns, and
the sale by the DEVELOPER / owner of all or any part of said Lot 1 through Lot 97, shall transfer
obligations of the DEVELOPER to the successor in interest.
Dated: fl70Lrck I'U'-' 2017
IOWA LOT DEVELOPMENT, LLC
J/, " Z' 0 - j /,"., _�_' /'�_ -
Shane A. Schrader, Member — Manager
Bruce G. Sevig, Member— M n'ger
STATE OF IOWA, COUNTY OF LINN)
' '416
This instrument was acknowledged before me on this �`'� day of 2017 by
Shane A. Schrader, Member - Manager of Iowa Lot Development, LLC and by Bruce G. Sevig, Member —
Manager of Iowa Lot Development, LLC
�a �s DAVE® R. SiIJR
r Commission Number 772252
e� • •'""` My Commission Expires
Notary Public in and for the State of Iowa
EXHIBIT "A"
ALL OF PARCEL 'A' OF PLAT OF SURVEY 2093 AS RECORDED IN PLAT BOOK 9668, PAGE 634 IN THE RECORDS
OF LINN COUNTY RECORDER'S OFFICE, LYING IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF
SECTION 4 IN TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH PRINCIPAL MERIDIAN, FAIRFAX, IOWA;
AND A PORTION OF PARCEL W OF PLAT OF SURVEY 2094 AS RECORDED IN PLAT BOOK 9668, PAGE 635 IN THE
RECORDS OF LINN COUNTY RECORDER'S OFFICE LYING IN THE SOUTH HALF OF THE SOUTHWEST QUARTER
OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH PRINCIPAL MERIDIAN, FAIRFAX, IOWA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL'A', ALSO BEING THE SOUTH QUARTER CORNER
OF SAID SECTION 4; THENCE S88°10'21"W ALONG THE SOUTH LINE OF SAID PARCEL'A', A DISTANCE OF 184.65
FEET; THENCE N07°09'57"E, A DISTANCE OF 260.75 FEET TO A POINT OF CURVATURE; THENCE WESTERLY
ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 170.00 FEET AND A CHORD BEARING OF N72°02'59"W, AN
ARC LENGTH 32.81 FEET; THENCE N00°03'37"W, A DISTANCE OF 190.74 FEET; THENCE N08°25'53"W, A
DISTANCE OF 103.70 FEET; THENCE N08°37'34"W, A DISTANCE OF 102.81 FEET TO A POINT ON THE NORTH
LINE OF SAID PARCEL'A; THENCE N88°12'51"E ALONG SAID NORTH LINE, A DISTANCE OF 190.21 FEET TO THE
NORTHEAST CORNER OF SAID PARCEL'A'; THENCE S02°03'43"E ALONG THE EAST LINE OF SAID PARCEL'A', A
DISTANCE OF 664.25 FEET TO THE POINT OF BEGINNING.
SAID TRACTS OF LAND CONTAIN 49.24 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
TEMPORARY EASEMENT
COMES NOW, Joel and Michelle L. Severson, husband and wife, (Grantors) and
grant to the City ofFairfax, Linn County, Iowa, (Grantee) temporary sanitary sewer
construction easement over and upon the following described property located on Lot 1
Winifteds's First Addition to Linn County, Iowa:
TEMPORARY SANITARY SEWER CONSTRUCTION EASEMENT
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE
FIFTH PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 2 OF WINIFRED'S FIRST ADDITION TO LINN COUNTY AS
RECORDED IN BOOK 3459, PAGE 421 OF THE RECORDER'S OFFICE OF LINN COUNTY; THENCE N87'42'54"E
ALONG THE NORTH LINE OF SAID 1-0-F 2, A DISTANCE OF 10.00 FEET FOR THE POINT OF BEGINNING; THENCE
S87'36'35'W ALONG THE SOUTH LINE OF LOT I OF SAID WINIFRED'S FIRST ADDITION TO LINN COUNTY, A
DISTANCE OF 40.00 FEET; THENCE NO2*22'54"W, A DISTANCE OF 20.00 FEET; THENCE N87'36'35"E, A
DISTANCE OF 40,00 FEET; THENCE S02*22'54"E, A DISTANCE OF 20.00 FEET TO THE NORTH LINE OF SAID LOT
2 AND THE POINT OF BEGINNING,
SAID EASEMENT CONTAINS 800 SQ. FT. MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD. (See Exhibit A)
2. This temporary easement shall be released by Grantee on or before January L 2018.
3. 1"his temporary easement shall be used only during and for the purpose of constructing
a sanitary sewer on the following described property:
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE
FIFTH PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY
OF FAIRFAX; THENCE N60'45'36"W ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF BEVERLY ROAD, A
DISTANCE OF 15.00 FEET; THENCE N29*49'57"E, A DISTANCE OF 151.25 FEET; THENCE NO2'30'49"W, A
DISTANCE OF 168.60 FEET TO THE SOUTH LINE OF LOT 1 OF WINIFRED'S FIRST ADDITION TO LINN COUNTY
AS RECORDED IN BOOK 3459 PAGE 421 OF THE RECORDER'S OFFICE OF LINN COUNTY; 'THENCE N87'42'22"E
ALONG SAID SOUTH LINE, A DISTANCE OF 20.00 FEET TO THE NORTHWEST CORNER OF LOT 2 OF SAID
WINIFRED'S FIRST ADDITION; THENCE S02'30'49"E ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF
'164.98 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE S29*49'57"W ALONG THE WEST LINE OF
SAID LOT 1 OF HEARTLAND HEIGHTS FIRST ADDITION, A DISTANCE OF 164.79 FEET AND THE POINT OF
BEGINNING.
SAID EASEMENT CONTAINS .010 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD. (See Exhibit B)
Dated this day of
2017.
Michelle L. Severson
SUR 114A SUZANNE KOENES
o Commission Number 791758
STATE OF IOWAMy Commission Expires
O%NwAugust 28, 2018
.)SS
COLJNTY OF LIMN
Stibscribcdarid sworn to before rne by Joel. Severson and T.\4ichelle L. Severson,
111 -hand and wife this l/vAccinv nf A J - ,&-P b 9.017
TEMPORARY SANITARY SEWER
CONSTRUCTION EASEMENT
N020 22' 54"W 20.00'
N870 36'35"E 40.00'
S870 36'35"W 40.00'
POINT OF COMMENCEMENT
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SEVER SON— 101-1—S. & MICHEI._LI_: L.
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-S02° 22'54"E 20.00' 4)
POINT OF BEGINNING >�,«00�ll/TjCa
10-11 21
\
0 30 60 120
1 inch = 60 ft.
NOTE:
1, BASIS OF BEARINGS IS GPS MEASUREMENTS IN THE IOWA 3O 6O 2O
PLANE COORDINATE SYSTEM NORTH ZONE NAD83.
2. LINEAR DIMENSIONS ARE IN U.S. SURVEY FEET AND
DECIMALS THEREOF. GRAPHIC SCALE
3. THIS EASEMENT SHALL EXPIRE AT THE TIME THE CITY OF
FAIRFAX ACCEPTS THE CORRESPONDING SANITARY SEWER PUBLIC IMPROVEMENTS.
LEGAL DESCRIPTION - TEMPORARY SANITARY SEWER CONSTRUCTION EASEMENT
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH PRINCIPAL
MERIDIAN. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 2 OF WINIFRED'S FIRST ADDITION TO LINN COUNTY AS RECORDED IN BOOK
3459, PAGE 421 OF THE RECORDER'S OFFICE OF LINN COUNTY; THENCE N87°42'54"E ALONG THE NORTH LINE OF SAID LOT 2, A
DISTANCE OF 10.00 FEET FOR THE POINT OF BEGINNING; THENCE S87°36'35"W ALONG THE SOUTH LINE OF LOT 1 OF SAID
WINIFRED'S FIRST ADDITION TO LINN COUNTY, A DISTANCE OF 40.00 FEET; THENCE NO2°22'54"W, A DISTANCE OF 20.00 FEET;
THENCE N87°36'35"E , A DISTANCE OF 40.00 FEET; THENCE S02°22'54"E, A DISTANCE OF 20.00 FEET TO THE NORTH LINE OF SAID
LOT 2 AND THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 800 SQ. FT. MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD,
EASEMENT EXHIBIT
TEMPORARY SANITARY SEWER hbk
CONSTRUCTION EASEMENT
EXHIBIT A ENGINEERING
CITY OF FAIRFAX, LINN COUNTY, IOWA
LOT 1
2.45 AC.
STANDARD LEGEND AND NOTES
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Sedion Comer. Fountl
IOWA CITY, IA 52240
Sedbn Corrar. Reeslab11-d
DATE DRAWN: 02.09.2017
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ERROR OF CLOSURE IS LESS THAN 1 FOOT IN 10,000 FEET
DRAWNbY: rsw
APPROVED BY: TRH
HBK ENGINEERING, LLC
509 S. GILBERT ST,
r"o"'" NUMBER: 15•0099
IOWA CITY, IA 52240
DATE DRAWN: 02.09.2017
PHONE: (319) 338-7557
RCALE: 1"=60'
FAX: (319) 358-2937
1 OF 1
SOUTH LINE OF LOT 1,
WINIFRED'S FIRST ADDITION10/
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^flJ > WINIFRED'S FIRST ADDITION
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NORTHERLY RIGHT-OF-WAY / WEST LINE OF Lig[ 1 \
LINE OF BEVERLY ROAD / HEARTLAND HEIGHTS`FIRST ADDITION LOT 1
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N 60°45'36" W 15.00' \ 2.45 AC.
POINT OF BEGINNING
NOTE:
1. BASIS OF BEARINGS IS GPS MEASUREMENTS IN THE IOWA 0 30 60 120
PLANE COORDINATE SYSTEM NORTH ZONE NAD83.
2. LINEAR DIMENSIONS ARE IN U.S. SURVEY FEET AND
DECIMALS THEREOF. GRAPHIC SCALE
LEGAL DESCRIPTION - SANITARY SEWER EASEMENT
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH PRINCIPAL
MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 1 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY OF FAIRFAX;
THENCE N60°45'36"W ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF BEVERLY ROAD, A DISTANCE OF 15.00 FEET;
THENCE N29°49'57"E, A DISTANCE OF 151.25 FEET; THENCE NO2°30'49"W, A DISTANCE OF 168.60 FEET TO THE SOUTH LINE
OF LOT 1 OF WINIFRED'S FIRST ADDITION TO LINN COUNTY AS RECORDED IN BOOK 3459 PAGE 421 OF THE RECORDER'S
OFFICE OF LINN COUNTY; THENCE N87°42'22"E ALONG SAID SOUTH LINE, A DISTANCE OF 20.00 FEET TO THE NORTHWEST
CORNER OF LOT 2 OF SAID WINIFRED'S FIRST ADDITION; THENCE S02°30'49"E ALONG THE WEST LINE OF SAID LOT 2, A
DISTANCE OF 164.98 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE S29°49'57"W ALONG THE WEST LINE OF
SAID LOT 1 OF HEARTLAND HEIGHTS FIRST ADDITION, A DISTANCE OF 164.79 FEET AND THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS .010 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF I I """""""""' II
RECORD. ERROR OF CLOSURE IS LESS THAN 1 FOOT IN 10,000 FEET
APPROV
llw
EASEMENT EXHIBIT ArruovE BY: TRH TEH
F;n
HBK ENGINEERING, LLC ,,R, „c.. NUMBER: 15.0099
509 S. GILBERT ST.
SANITARY SEWER EASEMENT IOWA CITY, IA 52240 DA'IT)DRAWN: 02-09.2017
EXHIBIT B hbk PHONE: (319) 338-7557 SCALD: V=60'
ENGINEERING FAX: (319) 358-2937
CITY OF FAIRFAX, LINN COUNTY, IOWA "'R`r 1 OF =1
TEMPORARY ACCESS AND PUBLIC INFRASTRUCTURE EASEMENT AGREEMENT
This instrument is made this day of )Ko rr-.A 2017, by Iowa Lot
Development, LLC, GRANTOR, who is the owner in fee simple of the property described in the
attached Exhibit A and do hereby grant to the City of Fairfax, Iowa a temporary access and
public infrastructure easement over said property.
WHEREAS, the GRANTORS wish to allow the installation, maintenance, repair and
replacement of a temporary access and public infrastructure facility to serve the property in
Heartland Heights First Addition in the City of Fairfax, Linn County, Iowa;
THEREFORE, the GRANTORS hereby grant to the City of Fairfax, Iowa, temporary
access and public infrastructure easement over the property described below:
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH PRINCIPAL
MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 79 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY OF FAIRFAX;
THENCE NORTH ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 230.00 FEET AND A CHORD BEARING OF N46°59'52"W, AN
ARC LENGTH OF 256.55 FEET; THENCE N15°02'37"W, A DISTANCE OF 307.20 FEET TO A POINT OF CURVATURE; THENCE NORTH
ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 230.00 FEET AND A CHORD BEARING OF N09°25'23"W, AN ARC LENGTH OF
45.12 FEET; THENCE N86'1 1'53"E, A DISTANCE OF 60,00 FEET TO POINT ON A CURVE; THENCE SOUTH ALONG A CURVE TO THE
LEFT HAVING A RADIUS OF 170.00 FEET AND A CHORD BEARING OF S09°25'22"E, AN CHORD LENGTH OF 33.32 FEET; THENCE
S1 6-02-37"E, A DISTANCE OF 307.20 FEET TO A POINT OF CURVATURE; THENCE SOUTH ALONG A CURVE TO THE LEFT HAVING A
RADIUS OF 170.00 FEET AND A CHORD BEARING OF S46°18'40"E, AN ARC LENGTH OF 185.55 FEET; THENCE S07°09'57"W, A
DISTANCE OF 60.19 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 0.78 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. (See
Exhibit a)
This temporary easement will be for the purpose of the installation of and maintenance of a
private access to and for the construction and maintenance of public infrastructure on the
property described above and for access and construction and maintenance of a sanitary sewer,
water main and storm sewer facility upon the following described property
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH PRINCIPAL
MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF PARCEL W OF PLAT OF SURVEY 2094 AS RECORDED IN PLAT BOOK 9668, PAGE
635 IN THE RECORDS OF LINN COUNTY RECORDER'S OFFICE; THENCE S88°12'51"W ALONG THE NORTH LINE OF SAID PARCEL'A',
A DISTANCE OF 140.61 FEET; THENCE N15°02'37"W, A DISTANCE OF 18.52 FEET TO A POINT OF CURVATURE; THENCE NORTH
ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 170.00 FEET AND A CHORD BEARING OF N09°25'22"W, AN ARC LENGTH OF
33.32 FEET; THENCE S86'1 1'52"W ALONG SAID NORTH LINE, A DISTANCE OF 80.00 FEET FOR THE POINT OF BEGINNING; THENCE
NO3°48'08"W, A DISTANCE OF 180.00 FEET; THENCE N86°11'52"E, A DISTANCE OF 100.00 FEET; THENCE S03°48'08"E, A DISTANCE
OF 180.00 FEET; THENCE S86°11'52"W, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 0.41 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.(Exhibit b)
The Developer and/or the Grantee of all of these temporary easements, shall have the
right while all temporary easements are in existence, to construct, reconstruct, maintain, repair,
and remove cables, pipes, underground lines and pipes and any other equipment or
appurtenances above or below the surface of the ground as may be necessary for the purposes
of this easement grant. The Grantees shall have the right of ingress and egress for the
purposes stated above. Grantors, their successors in interest and assigns, reserve the right to
use said easement area for any purpose which will not interfere with the Grantees full enjoyment
rights hereby granted. No permanent structures, trees, bushes or other plantings shall be
located on the area so designated for these easements without first obtaining written
authorization from the Grantee.
The Grantor agrees this Agreement shall be binding upon the Grantors, their
successors, and assigns and the sale by the Grantor of all or any part of said property described
above shall transfer the rights and obligations to the successor in interest.
I It is further agreed this agreement shall terminate and shall be considered null and void
at such time as the adjacent street improvements as shown in the above exhibits are extended
across or within said easement area with maintenance bonds accepted by the City of Fairfax for
said improvements, or, at such time as deemed appropriate by the City of Fairfax or City
Engineer, whichever occurs first.
Dated at Fairfax, Iowa, this day of 4_, 2017.
IOWA LOT DEVELOPMENT, LLC
MZmbe - anager
Z
Shane A. Schrader, Member -Manager
STATE OF IOWA
)ss
COUNTY OF LINN
On this ' ) +-11 - day of Q1 0A d' C � -1 2017, before me, the
undersigned, a Notary Pu6-1ic, personally appeared Bruce G. Sever and Shane A. Schrader, to
me personally known, who being by me duly sworn, did say that these persons are the Member -
Managers of said Iowa Lot Development, LLC, that no seal has been procured by the said
limited liability company and that said instrument was signed on behalf of the said Iowa Lot
Development, LLC, by authority of its Members and the said Bruce -G. Sevig and. Shane A.
Schrader acknowledged the execution of said instrument to be the voluntary act and deed of
said corporation by it and by them voluntarily executed.
In
NOTARY PUBLIC - STATE OF IOWA
,;k%AL DAVID R. STUER
-W Commission Number 772252
My Commission Expires
March 23, 2018
N860 11'53"E 60.00'
L=45.12'
R=230.00'
BRG=N 09°25'23" W
CH=45.05'
L=33.32' ,
R=170.00',(
BRG=S 09°25'22" E
,'--I� CH=33.26'
N
C
i I
Extanag cememne
Propo:ea cemenme
Exlslin9 RI98Fc1�WaY -"---'--"—
Prop —Rlghlali y —•..
cn
y 'co
LOT 75
ra u w W
LOT 74
N M
o
y Ni -L)
FAX: (319) 358-2937
pis 7d'Q
LOT 78
n
0
I
0 50 100 200
GRAPHIC SCALE
NOTE:
1. BASIS OF BEARINGS IS GPS MEASUREMENTS IN THE IOWA
PLANE COORDINATE SYSTEM NORTH ZONE NAD83.
2. LINEAR DIMENSIONS ARE IN U.S. SURVEY FEET AND
DECIMALS THEREOF.
LEGAL DESCRIPTION - TEMPORARY ACCESS AND PUBLIC INFRASTRUCTURE EASEMENT
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 79 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY OF FAIRFAX;
THENCE NORTH ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 230.00 FEET AND A CHORD BEARING OF
N46°59'52"W, AN ARC LENGTH OF 256.55 FEET; THENCE N15°02'37"W, A DISTANCE OF 307.20 FEET TO A POINT OF
CURVATURE; THENCE NORTH ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 230.00 FEET AND A CHORD BEARING
OF N09°25'23"W, AN ARC LENGTH OF 45.12 FEET; THENCE N86°11'53"E, A DISTANCE OF 60.00 FEET TO POINT ON A
CURVE; THENCE SOUTH ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 170.00 FEET AND A CHORD BEARING OF
S09°25'22"E, AN CHORD LENGTH OF 33.32 FEET; THENCE S15°02'37"E, A DISTANCE OF 307.20 FEET TO A POINT OF
CURVATURE; THENCE SOUTH ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 170.00 FEET AND A CHORD BEARING
OF S46°18'40"E, AN ARC LENGTH OF 185.55 FEET; THENCE S07°09'57"W, A DISTANCE OF 60.19 FEET TO THE POINT OF
BEGINNING.
SAID EASEMENT CONTAINS 0.78 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
EASEMENT EXHIBIT
TEMPORARY ACCESS AND PUBLIC hbk
INFRASTRUCTURE EASEMENT
EXHIBIT A ENGINEERING
CITY OF FAIRFAX, LINN COUNTY, IOWA
STANDARD LEGEND AND NOTES
Bountlary or Properly Ina
Sedbd Llee
o1 LMe, lnlemal
Lol Line. Platted or Ey Geed
i I
Extanag cememne
Propo:ea cemenme
Exlslin9 RI98Fc1�WaY -"---'--"—
Prop —Rlghlali y —•..
—
... ...�
Denc —
LOT 75
o J 'I
LOT 74
0.32 AC.
;i
0.34 AC.
FAX: (319) 358-2937
pis 7d'Q
LOT 78
n
0
I
LOT 76
1 0.34 AC.
trx
LOT 73
0.28 AG
v 4r
0.34 AC.
ox --Pp
I &I
1 ..\ \ C
S07° 09'57"W
60 19'
C,
6'S 0
HEARTLAND
9S
STRBT✓T
L OT 77
LOT 72
-
0.28 AC.
I
0.34 AC.
i
LEGAL DESCRIPTION - TEMPORARY ACCESS AND PUBLIC INFRASTRUCTURE EASEMENT
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 79 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY OF FAIRFAX;
THENCE NORTH ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 230.00 FEET AND A CHORD BEARING OF
N46°59'52"W, AN ARC LENGTH OF 256.55 FEET; THENCE N15°02'37"W, A DISTANCE OF 307.20 FEET TO A POINT OF
CURVATURE; THENCE NORTH ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 230.00 FEET AND A CHORD BEARING
OF N09°25'23"W, AN ARC LENGTH OF 45.12 FEET; THENCE N86°11'53"E, A DISTANCE OF 60.00 FEET TO POINT ON A
CURVE; THENCE SOUTH ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 170.00 FEET AND A CHORD BEARING OF
S09°25'22"E, AN CHORD LENGTH OF 33.32 FEET; THENCE S15°02'37"E, A DISTANCE OF 307.20 FEET TO A POINT OF
CURVATURE; THENCE SOUTH ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 170.00 FEET AND A CHORD BEARING
OF S46°18'40"E, AN ARC LENGTH OF 185.55 FEET; THENCE S07°09'57"W, A DISTANCE OF 60.19 FEET TO THE POINT OF
BEGINNING.
SAID EASEMENT CONTAINS 0.78 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
EASEMENT EXHIBIT
TEMPORARY ACCESS AND PUBLIC hbk
INFRASTRUCTURE EASEMENT
EXHIBIT A ENGINEERING
CITY OF FAIRFAX, LINN COUNTY, IOWA
STANDARD LEGEND AND NOTES
Bountlary or Properly Ina
Sedbd Llee
o1 LMe, lnlemal
Lol Line. Platted or Ey Geed
Extanag cememne
Propo:ea cemenme
Exlslin9 RI98Fc1�WaY -"---'--"—
Prop —Rlghlali y —•..
—
... ...�
Denc —
Private Sia'In
wr'l r Drainag'e A
8,-b Cornol, FO"nd
DATE DRAWN: 02.09.2017
y° 0°. 00'
Sedb" Corner, E-- —
FAX: (319) 358-2937
pis 7d'Q
LOT 78
LOT 71
0
V¢Ilcw Plastic Cap PLS 89889
0.28 AC.
1 0.34 AC.
trx
Rew,tletlDi —lons
Aleasu,etl Dimensions
(R)
(M)
ox --Pp
2 rP 6'S
S07° 09'57"W
60 19'
C,
6'S 0
HEARTLAND
9S
STRBT✓T
--ULI-
-
POINT OF BEGINNI G
I
LOT 79
LO 80 LOT 81
0.51 AC.
0.44 AC. 0.44 AC.
LEGAL DESCRIPTION - TEMPORARY ACCESS AND PUBLIC INFRASTRUCTURE EASEMENT
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 79 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY OF FAIRFAX;
THENCE NORTH ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 230.00 FEET AND A CHORD BEARING OF
N46°59'52"W, AN ARC LENGTH OF 256.55 FEET; THENCE N15°02'37"W, A DISTANCE OF 307.20 FEET TO A POINT OF
CURVATURE; THENCE NORTH ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 230.00 FEET AND A CHORD BEARING
OF N09°25'23"W, AN ARC LENGTH OF 45.12 FEET; THENCE N86°11'53"E, A DISTANCE OF 60.00 FEET TO POINT ON A
CURVE; THENCE SOUTH ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 170.00 FEET AND A CHORD BEARING OF
S09°25'22"E, AN CHORD LENGTH OF 33.32 FEET; THENCE S15°02'37"E, A DISTANCE OF 307.20 FEET TO A POINT OF
CURVATURE; THENCE SOUTH ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 170.00 FEET AND A CHORD BEARING
OF S46°18'40"E, AN ARC LENGTH OF 185.55 FEET; THENCE S07°09'57"W, A DISTANCE OF 60.19 FEET TO THE POINT OF
BEGINNING.
SAID EASEMENT CONTAINS 0.78 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
EASEMENT EXHIBIT
TEMPORARY ACCESS AND PUBLIC hbk
INFRASTRUCTURE EASEMENT
EXHIBIT A ENGINEERING
CITY OF FAIRFAX, LINN COUNTY, IOWA
STANDARD LEGEND AND NOTES
Bountlary or Properly Ina
Sedbd Llee
o1 LMe, lnlemal
Lol Line. Platted or Ey Geed
Extanag cememne
Propo:ea cemenme
Exlslin9 RI98Fc1�WaY -"---'--"—
Prop —Rlghlali y —•..
—
... ...�
Denc —
0
8,-b Cornol, FO"nd
DATE DRAWN: 02.09.2017
Sedlon Corner. Reesladlslle0
Sedb" Corner, E-- —
FAX: (319) 358-2937
1 -Property Comer, Found
•
Prope"Y C.I.I. Set:—R-"!
0
V¢Ilcw Plastic Cap PLS 89889
°al-x-
Rew,tletlDi —lons
Aleasu,etl Dimensions
(R)
(M)
ERROR OF CLOSURE IS LESS THAN 1 FOOT IN 10,000 FEET
DRAWN DV: rsw
APPROVED BY: TRH
HBK ENGINEERING, LLC
509 S. GILBERT ST.
PROJF.C'P NUMBER: 15.0099
IOWA CITY, IA 52240
DATE DRAWN: 02.09.2017
PHONE: (319) 338-7557
SCALE: 1^=100
FAX: (319) 358-2937
1 OF 1
N
N86° 11' 52"E. 100.00'
w-(hbk E
TEMPORARY o S
0 180' X 100' c)
00
TURNAROUND,
ACCESS, SANITARY Lu
3: SEWER, WATER MAIN, o
00 AND STORM SEWER bo
b EASEMENT
co °
M o
U)
Z ,
L=33.32'
POINT OF BEGINNING S 86011'52" W R=170.00'
80.00' _ BRG=N 09025'22" W
CH=33.26' „<
S86° 11' 52"W 100.00'
-,— N 15° 02`37"W 18.52'
�IOI�:TI I unr-_. �Ar:ccL A f�LAT �r SURVEY 20,11,
S88° 12' 51 "W 140.61'
,f
iD
POINT OF �,
N N
COMMENCEMENT 4S', LOT 75
0.32 AC
t Vi
4 --
NOTE:
1. BASIS OF BEARINGS IS GPS MEASUREMENTS IN THE IOWA 0 30 60 120
PLANE COORDINATE SYSTEM NORTH ZONE NAD83.
2. LINEAR DIMENSIONS ARE IN U.S. SURVEY FEET AND
DECIMALS THEREOF. GRAPHIC SCALE
LEGAL DESCRIPTION - TEMPORARY 180'x 100' TURNAROUND, ACCESS, SANITARY SEWER, WATER MAIN,
AND STORM SEWER EASEMENT
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
STANDARD LEGEND AND NOTES
e^^^°a,y ^, Pr^perry uae
SeCbn Llne
l^I Line. lPlntemal
Loi una. age° or by °ae°
Exlstin°Cenle°lne — —
Pr"po:ea—b,fll^,
Exlsling
ft—b-,
COMMENCING AT THE NORTHEAST CORNER OF PARCEL 'A' OF PLAT OF SURVEY 2094 AS RECORDED IN PLAT BOOK
9668, PAGE 635 IN THE RECORDS OF LINN COUNTY RECORDER'S OFFICE; THENCE S88°12'51"W ALONG THE NORTH LINE
OF SAID PARCEL 'A', A DISTANCE OF 140,61 FEET; THENCE N15°02'37"W, A DISTANCE OF 18.52 FEET TO A POINT OF
°eo
Sacdoe Com"r, Fou^°
°enl^^�rnar. ReealaalsbeU
CURVATURE; THENCE NORTH ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 170.00 FEET AND A CHORD BEARING
Sedl"^°prner.Reo,° °L�,un A
OF N09°25'22"W, AN ARC LENGTH OF 33.32 FEET; THENCE S86°11'52"W ALONG SAID NORTH LINE, A DISTANCE OF 80.00
Pmpeny Car^er.F"m° •
FEET FOR THE POINT OF BEGINNING; THENCE NO3°48'08"W, A DISTANCE OF 180.00 FEET; THENCE N86°11'52"E, A
Prope"y C"rner,-:bib- Reb— o
van^w Plase^ cap PLS 49889
DISTANCE OF 100.00 FEET; THENCE S03°48'08"E, A DISTANCE OF 180.00 FEET; THENCE S86011'52"W, A DISTANCE OF
°" •x•
100.00 FEET TO THE POINT OF BEGINNING.
Rep,°e°°1men51on5 (R)
SAID EASEMENT CONTAINS 0.41 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
"CdeU`a°°Im^nsbna
RECORD. ERROR
OF CLOSURE IS LESS THAN 1 FOOT IN 10,000
FEET
EASEMENT EXHIBIT
EXHIBIT B
TEMPORARY 180'X 100' TURNAROUND,
HBK ENGINEERING, LLC
509 S. GILBFRT ST.
IOWA CITY, IA 52240
hbk
❑PAWNED: RSM
Arr"ove° TEV: TRH
""°'R" N°" ""' 15-0099
DATE, DRAWN: 02.09.2017
ACCESS, SANITARY SEWER, WATER
MAIN, AND STORM SEWER EASEMENT
CITY OF FAIRFAX, LINN COUNTY, IOWA
PHONE: (319) 338-7557
ENGINEERING FAX: (319) 358-2937
-ALK: 1„_60,
snRrr:
1 0F 1
TEMPORARY STORM WATER DIITI NTION POND EASEMENT
NT
Iowa Lot Development, LLC, (Grantorand Developer) does hereby grant to the City of
Fairfax, Linn County, Iowa, Grantee, a temporary storm water detention pond easement for the
purposes of sanitary sewer easements and turn -around. access sanitary sewer, water main, and
storm sewer easement, over and. upon the following property .located ad;iacent to Heartland
Heights .First Addition to Fairfax, Iowa:
Grantor conveys unto Grantee the following 'I'ernporal-y Storni Water Detention Pond .Casement:
A PORTION OF PARCEL W OF PLAT OF SURVEY 2094 AS RECORDED IN PLAT BOOK 9668, PAGE 635 IN THE RECORDS OF
LINN COUNTY RECORDER'S OFFICE LYING IN THE. SOUTH HALF OF THE SOUTHWEST (QUARTER OF SECTION 4,
TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH PRINCIPAL MERIDIAN, FAIRFAX, IOWA, DESCRIBED AS FOLLOWS:
COMMENCING ATTHE SOUTHEAST CORNER OF SAID PARCEL'A'; THENCE S88°10'21"W ALONG THE SOUTH LINE OF SAID
PARCEL W, A DISTANCE OF 184.65 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING S88°10'21"W ALONG SAID
SOUTH LINE OF SECTION 4, A DISTANCE OF 331.12 FEET; THENCE N09°24'59"W, A DISTANCE OF 713.07 FEET; THENCE
N12°42'33"W, A DISTANCE OF 162.00 FEET; THENCE N78°49'57"E, A DISTANCE OF 197.86 FEET; THENCE S05°16'29"E, A
DISTANCE OF 186.01 FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL 'A'; THENCE N86°11'51"E ALONG SAID
NORTH LINE, A DISTANCE OF 31.98 TO A POINT OF CURVE; TFIENCE SOUTHERLY ALONG A CURVE TO THE RIGHT HAVING
A RADIUS OF 230.00 FEET AND A CHORD BEARING OF S09°25'23"E, AN ARC LENGTH OF 45.12 FEET; THENCE Sl 5'02'37"E,
A DISTANCE OF 307.20 FEET TO A POINT ON A CURVE; THENCE SOUTHERLY ALONG A CURVE TO THE RIGHT HAVING A
RADIUS OF 230.00 FEET AND A CHORD BEARING OF 846"59'52"E; AN ARC LENGTH OF 256.55 FEET; THENCE S07°09'57"W,
A DISTANCE OF 200.56 FEET TO'T"HE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 5.22 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD, (See Exhibit a)
2. The purpose of this ' ornpo.rary Storm Water Detention .Pond Easement is as follows:
a. 'fo provide temporary storm water mitigation and storm water quality for the
Heartland .Heights first Addition until permanent storm water .mitigation / quality
facilities are provided for the Heartland Heights First Addition; and
b, Reserve this aI'ea Ior peril'lanent storm water rilltigation and storm water quality
for Heartland Heights First Addition and the other future:: Heartland heights
Additions within this drainage basin if adequate storin water mitigation and storin
water quality is not providedper the Cedar Rapids Metropolitan Area Design
Standards and Specilications elsewhere within the Heartland 1-leights
I)evelopnient.
L. 'The Cil'antol' Developer Shall COnstrUct a penna11ent Storm water iniligation and
stortn water Clurllity facility within the a part of the arca described in Plat of
Survey 2094 recorded at Cioc)I< 9068 Page 63 i in the C.)ffic0 o1 the Linn County
Recorder by October 1. 2018.
3. This Ternporary Storm Water l.)etention Pond easernellt Shull terminate ill 011e of the
101lowing two ways:
a. The temporary storm watei' detention pond easement shall terminate and shall be
considered null and void at such time that the City accepts other adegUatC storin
water mitigation and storin water quality facilities in another location of the
I leartland- Heights development area which have been designed and constructed
per the Cedar Rapids Metropolitan Area Design Standards and Specification far
Ileartland I-Icights First Addition and all other Heartland Ileights Additions that
are located within the drainage basin which this temporary storm water detention
pond easement serves; or
The temporary storm water detention pond easement shall terminate, and shall be
considered null and void upon the dedication of this property, (as needed) to the
City of Fairfax, Iowa for permanent storm water mitigation and storm water
quality facilities for the Heartland Heights First Addition and other Hear0and
Heights Additions within this drainage basin.
4. This Agreement shall be binding Upon the Grantor, its successors, and assigns and the
sale by the Grantor of all or any part of said property described above shall transfer
obligations of the Grantor to its Successor in interest.
Dated at Fairfax, Iowa, this / day of f-Hik-d '2017.
IOWA LOT D VI,I_,OI?MI N`I', L.LC
r
Bruce G. Sevig, Member- ager
Shane A. Schrader, Member -Manager
STATE OF IOWA )
)ss
COUNTY Ol' UNN )
On this � = - dray of ..� �:� � �� _ .. -, 2017. helore mc, the
uridcrsigned. it Notary Public, personally r ppc.arc c -i Bruce Ci_5evig,_ i,t1c1 Shane ulc A. Schrader. to me
personally 1<11OWri. �,\,ho hcint, by me duly sworn, c.lid say that thcc persons are the Menaher-
Man igi;rs ofsaid Iowa Lot I,)cvclopmcnt, I,I,C.', that no seal has he -en procured by the said
limited liability conipany and that said instrument was signed on helial f of the said lo\,v, a L.ot.
Development, I,I,C, by authority of its Memhei;s incl the said I_.3tucc (� ` evi,g and Shane A.
Schrader acknowledged the execution of said instrument. to be the voluntary aet and deed ofSaid
corporation by it and by them voluntarily executed.
NOTARY PUBLIC - STATI' OF' IOWA
®AVID R. STUER
= r Commission Number 772252
l'o, My Commission Expires
March 23, 2018
NORTH LINE OF PLAT OF SURVEY 2094
i
�E197• i
78049'57' sHVIc.I3R17C G.
c
Go
w N
N
N 86°11'52" E 31.98'
�i
M L=45.12' hbk E
C11o R=230.00' W•
N BRG=S 09°25'23" E
2 CH=45.05'
NORTH IJIVi'.
0 75 150 300
N r-
TEMPORARY coGRAPHIC SCALE
STORM WATER w
o DETENTION POND i—
`'
EASEMENT
�i t`C�$ o
o> ti »I' isle '°`
5.22 AC. al1t ll�lb c) 1s.,� NOTE:
N t; 1. BASIS OF BEARINGS IS GPS
MEASUREMENTS IN THE IOWA PLANE
N I COORDINATE SYSTEM NORTH ZONE NAD83.
0
2. LINEAR DIMENSIONS ARE IN U.S. SURVEY
c�c,FEET AND DECIMALS THEREOF.
tic
S �Ao 4S69 O S
t7 Qs,,s�n � In
O
li
t
l
co
O ua
O
(V ui
f`
0)
O
ti
O
S 88°10'21 W 184.6
S 88°10'21" W 331.12`
POINT OF BEGINNING
POINT OF COMMENCEMENT
{ D V1 NNA & SOUTHEAST CORNER PLAT OF SURVEY 2094
SOUTH 1/4 CORNER SECTION 4 I ERROR OF CLOSURE IS LESS THAN 1 FOOT IN 10,000 FEET
I
LEGAL DESCRIPTION - TEMPORARY STORM WATER DETENTION POND EASEMENT
A PORTION OF PARCEL W OF PLAT OF SURVEY 2094 AS RECORDED IN PLAT BOOK 9668, PAGE 635 IN THE RECORDS OF LINN COUNTY RECORDER'S OFFICE LYING
IN THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH PRINCIPAL MERIDIAN, FAIRFAX, IOWA,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 'A'; THENCE S88°10'21"W ALONG THE SOUTH LINE OF SAID PARCEL 'A', A DISTANCE OF 184.65 FEET
FOR THE POINT OF BEGINNING; THENCE CONTINUING S88°10'21"W ALONG SAID SOUTH LINE OF SECTION 4, A DISTANCE OF 331.12 FEET; THENCE N09°24'59"W, A
DISTANCE OF 713.07 FEET; THENCE N12°42'33"W, A DISTANCE OF 162.00 FEET; THENCE N78°49'57"E, A DISTANCE OF 197.86 FEET; THENCE S05°16'29"E, A DISTANCE
OF 186,01 FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL 'A'; THENCE N86°11'51"E ALONG SAID NORTH LINE, A DISTANCE OF 31.98 TO A POINT OF CURVE;
THENCE SOUTHERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 230.00 FEET AND A CHORD BEARING OF S09°25'23"E, AN ARC LENGTH OF 45.12 FEET;
THENCE S15°02'37"E, A DISTANCE OF 307.20 FEET TO A POINT ON A CURVE; THENCE SOUTHERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 230.00
FEET AND A CHORD BEARING OF S46°59'52"E; AN ARC LENGTH OF 256.55 FEET; THENCE S07°09'57"W, A DISTANCE OF 200.56 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 5.22 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
DRAWN RV: rsw
EASEMENT EXHIBIT APPRDVFIDBY: TEH
HBK ENGINEERING, LLC
509 S. GILBERT ST. NO""' N0M 1H' 15.0099
TEMPORARY STORM WATER Iowa CITY, IA 52240 [WIT DRAWN: 02.09.2017
DETENTION POND EASEMENT PHONE: 319) 35g293�'
EXHIBIT A ENGINEERING
SURF.,' 1 O F 1
CITY OF FAIRFAX, LINN COUNTY, IOWA
STANDARD LEGEND AND NOTES
Bountlary or Propetly Ll,.
sedl6n One
Lo Llne In emai
Lol Llna, Falletl or by Deetl
Exlsling Cenletline —
Provosea cameama
Exlslinp Rl9M1lo1-Way-----...—..--
P,opoeetlRl5blol-WAY —...
Bead,man
••• •••�
sealon comer. Raaae
sealon Cornea Reeslablist'.etl
seams corer, Recomea L«anoa
Q
rrevenycomac Ro�M1e
•
Properly Comer, Set: SIB' ReM1arlvl
O
Yellory Plas k Cep PLS p98B9
gal x
Rew,tletl Olmenslons
(R)
lues:orae DlmeasloM1a
(M)
SANITARY SEWER EASEMENT AGREEMENT
This instrument is made this day of _Mtr
Ah_ 2017, by Iowa Lot
Development, LLC, GRANTOR, who is the owner in fee simple of the property described in the
attached Exhibit A and do hereby grant to the City of Fairfax, Iowa a Sanitary Sewer Easement
on, in arid/or Linder said property so described..
WHEREAS, sanitary sewer facilities have been constructed upon and under the property
described in Exhibit A: and
WHEREAS, the GRANTOR wish to allow the installation,
replacement of sanitary sewer facility on the property described
property in Heartland Heights First Addition in the City of Fairfax
other platted areas within the City of Fairfax; and
maintenance, repair and
in Exhibit A to serve the
, Linn County, Iowa and such
WHEREAS, THE Grantor does hereby grant to the city of Fairfax, Iowa, a perpetual and
continual easement for the purpose of constructing, reconstructing, and maintaining said
sanitary sewer facilities upon the property described in Exhibit A for consideration of $1.00 and
other valuable consideration duly paid and acknowledged.
THEREFORE, for the above consideration the GRANTOR hereby grants to the City of
Fairfax, Iowa, a perpetual and continual Sanitary Sewer Easement for purpose of constructing,
installing reconstructing and maintaining a sanitary sewer facility to be placed on, in and/or
under the property described in Exhibit A
The GRANTOR further agree that no buildings, obstructions, or other improvements will
be placed or erected upon or Linder the property described in Exhibit A which would interfere
with the Use of the said sanitary sewer easement, without first obtaining written permission form
the City of Fairfax, Iowa.
The Easement and rights herein described shall be binding upon the GRANTOR, its
successors and assigns and the sale by the grantor of all or any part of the property described
above or adjacent thereto, shall transfer the obligations of the Grantor to the successor
interest..,
Datcd at Iaii-f1m. Iowa, this — - day ?017.
IOWA L,OT I)FXEL,OPMENT, LLC:
Bruce Cl. Sevig, Member -
Shane A. Schrader, Member -Manager
STAT (.)I,' IOWA )
)ss
COUN'T'Y OF L,INN )
�
C�� �►
On this 4— day of _-✓---------.--__ _—_, 2017, before nle, the unclersigned, a
Notary Public, personally appeared BRICe O. Sevig and Shane A. Schrader, to me personally known, who
being by nle duly sworn, did say that these persons are the Member -Managers of said Iowa Lot
Development, LLC, that no seal has been procured by the said limited liability company and that said
instrument was signed on behalf oT'the said Iowa Lot I:)eveloptnc:nt, LLC, by authority oi'its Members
and the Said B.IIU,C. (-'r_. SCViL arld Shane A. Schr1C c,r acknowledged the exeC:Llt101'l Of`SLIId instrument to be
the volulllary act incl Meed ot�said Corporation by It and by them VOILlntarily CXC'.CLlted.
am
NOTARY PE-JT3L,IC:' - S'.f ATI OF' IOWA
�QaALs ®AV!® R. STUER
a Commission Number 772252
My Commission Expires
HP. March 23, 2018
0 40 80 160
I� ■d
GRAPHIC SCALE
NOTE:
1. BASIS OF BEARINGS IS GPS MEASUREMENTS IN THE IOWA
PLANE COORDINATE SYSTEM NORTH ZONE NAD83.
2. LINEAR DIMENSIONS ARE IN U.S. SURVEY FEET AND
DECIMALS THEREOF.
N760 33'24"E 94.28'
N880 10'52"E 37.97'
N01 ° 49'39"W 40.17'
SOUTH LINE ()1= SW 1l4
1,01 -AND VF:RNA 2
1301 AND VVILLIAM t_. JI
S88° 10'21"W 156.34'
LEGAL DESCRIPTION - SANITARY SEWER EASEMENT
HEARTLAND
STREET
o^
N
N
Nj
CO
Iv
/�o <</
• ,
�� ` 1,
^ LOT 79
ry 0.51 AC.
solo 49' 39"E 44.22'
SOUTH LINE OF PARCEL'A'
OF PLAT OF SURVEY 20941
OF BEGINNING
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH PRINCIPAL
MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 'A' OF PLAT OF SURVEY 2094 AS RECORDED IN PLAT BOOK 9668,
PAGE 635 IN THE RECORDS OF LINN COUNTY RECORDER'S OFFICE; THENCE S88°10'22"W ALONG THE SOUTH LINE OF SAID
PARCEL 'A', A DISTANCE OF 146.30 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE
S88°10'21"W, A DISTANCE OF 156.34 FEET; THENCE N01°49'39"W, A DISTANCE OF 40.17 FEET; THENCE 1188°10'52"E, A
DISTANCE OF 37.97 FEET; THENCE N76°33'24"E, A DISTANCE OF 94.28 FEET; THENCE N27°08'32"E, A DISTANCE OF 216.07 TO
A POINT ON A CURVE; THENCE SOUTH ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 230.00 FEET AND A CHORD
BEARING OF S54°48'38"E, AN ARC LENGTH OF 30.32 FEET; THENCE S27°08'32"W, A DISTANCE OF 212.29 FEET; THENCE
S01 °49'39"E, A DISTANCE OF 44.22 FEET TO THE POINT OF BEGINNING.
POINT OF
COMMENCEMENT
STANDARD LEGEND AND NOTES
Boundary or Prppedy Line
sealoo uoe -
oumo, mmmal
Private Sloim
LO Uhl, Planed or by Deed
Exlsllnp Cenledina
Proposed Cenledwb
DATE DRAWN:
Water Drainage: &
V
%.....
Public Storm '
11B C-11, b—"11—d
A
Sewer Fasemr-M _'
0
1rope4 Corner. F—d
LOT 78
Imp ,Comer, Del: — Reba, w1
o
0.28 AC.
c>
L=30.32'
(R)
R=230.00'
(M)
BRG=S 54048'38" E
CH=30.30'
HEARTLAND
STREET
o^
N
N
Nj
CO
Iv
/�o <</
• ,
�� ` 1,
^ LOT 79
ry 0.51 AC.
solo 49' 39"E 44.22'
SOUTH LINE OF PARCEL'A'
OF PLAT OF SURVEY 20941
OF BEGINNING
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH PRINCIPAL
MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 'A' OF PLAT OF SURVEY 2094 AS RECORDED IN PLAT BOOK 9668,
PAGE 635 IN THE RECORDS OF LINN COUNTY RECORDER'S OFFICE; THENCE S88°10'22"W ALONG THE SOUTH LINE OF SAID
PARCEL 'A', A DISTANCE OF 146.30 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE
S88°10'21"W, A DISTANCE OF 156.34 FEET; THENCE N01°49'39"W, A DISTANCE OF 40.17 FEET; THENCE 1188°10'52"E, A
DISTANCE OF 37.97 FEET; THENCE N76°33'24"E, A DISTANCE OF 94.28 FEET; THENCE N27°08'32"E, A DISTANCE OF 216.07 TO
A POINT ON A CURVE; THENCE SOUTH ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 230.00 FEET AND A CHORD
BEARING OF S54°48'38"E, AN ARC LENGTH OF 30.32 FEET; THENCE S27°08'32"W, A DISTANCE OF 212.29 FEET; THENCE
S01 °49'39"E, A DISTANCE OF 44.22 FEET TO THE POINT OF BEGINNING.
POINT OF
COMMENCEMENT
STANDARD LEGEND AND NOTES
Boundary or Prppedy Line
sealoo uoe -
oumo, mmmal
'rFH
LO Uhl, Planed or by Deed
Exlsllnp Cenledina
Proposed Cenledwb
DATE DRAWN:
Exlslln9 RIght Way --..--..-----
m ed RIght y
BencbmaM1
V
Se aloe comps F.—
RR„
11B C-11, b—"11—d
A
-0- Comer. Recti l.pradon
0
1rope4 Corner. F—d
o
Imp ,Comer, Del: — Reba, w1
o
yd— P ft Cap PLS p9889
W .' .
Recpitled Dlmenslons
(R)
ured Dimensions
(M)
SAID EASEMENT CONTAINS 0.32 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
ERROR OF CLOSURE IS LESS THAN 1 FOOT IN 10,000 FEET
EASEMENT EXHIBIT
SANITARY SEWER EASEMENT
EXHIBIT A
CITY OF FAIRFAX, LINN COUNTY, IOWA
hbk
ENGINEERING
HBK ENGINEERING, LLC
509 S. GILBERT ST.
IOWA CITY, IA 52240
PHONE,: (319) 338-7557
PAX: (319) 358-2937
DRAWN BY: PSW
APPROVED BY:
'rFH
PROJPC'1NUMBER: 15.0099
DATE DRAWN:
02.09.2017
SCALE:
1.1=80'
RR„
1 OF 1
TEMPORARY EASEMENT
COMES NOW, Bruce G. Sevig, a single person, (Grantor) grants to Iowa Lot
Development, LLC, and (Developer) and the City of Fairfax, Linn County, Iowa,
(collectively "Grantee "unless otherwise specified.) a temporary public infrastructure
easements for the purposes of sanitary sewer easements and turn -around access sanitary
sewer, water main, and storm sewer easement, over and upon the following property
located within Heartland Heights First Addition to Fairfax, Iowa:
1. Grantor conveys unto Grantee the following temporary 180' x 100' Turnaround,
access, sanitary sewer, water main and storm sewer easement:
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE
FIFTH PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF PARCEL 'A' OF PLAT OF SURVEY 2094 AS RECORDED IN PLAT
BOOK 9668, PAGE 635 IN THE RECORDS OF LINN COUNTY RECORDER'S OFFICE; THENCE $88°12'51"W ALONG
THE NORTH LINE OF SAID PARCEL 'A', A DISTANCE OF 140.61 FEET; THENCE N15°02'37"W, A DISTANCE OF
18.52 FEET TO A POINT OF CURVATURE; THENCE NORTH ALONG A CURVE TO THE RIGHT HAVING A RADIUS
OF 170.00 FEET AND A CHORD BEARING OF N09°25'22"W, AN ARC LENGTH OF 33.32 FEET; THENCE
S86°11'52"W ALONG SAID NORTH LINE, A DISTANCE OF 80.00 FEET FOR THE POINT OF BEGINNING; THENCE
NO3°48'08"W, A DISTANCE OF 180.00 FEET; THENCE N86°11'52"E, A DISTANCE OF 100.00 FEET; THENCE
S03°48'08"E, A DISTANCE OF 180.00 FEET; THENCE S86°11'52"W, A DISTANCE OF 100.00 FEET TO THE POINT
OF BEGINNING.
SAID EASEMENT CONTAINS 0.41 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD. (See Exhibit A)
Grantor, the City of Fairfax, Iowa and the Developer agree that the Developer shall be
responsible to construct a temporary rock cul-de-sac, or "turnaround" at the end of the
streets set forth above in accordance with the phasing plan and improvernent plans
approved by the City of Fairfax, subject to the following conditions:
i. That said rock turnaround will be constructed at the end of the each street's
concrete pavement, as constructed in the Heartland Heights First Addition in the
City of Fairfax, Linn County, Iowa, pursuant to a design acceptable to the City of
Fairfax and as shown on Exhibit (A).
ii. Grantor and Developer agree that the areas on the attached exhibits and adjoining
the 60' wide right-of-way being dedicated as public street right of -way with the
final plat of Heartland Heights First Addition in the City of Fairfax, Linn County,
Iowa, shall become a temporary easement for said rock turnaround. access and
public utilities. A portion of said areas shall be dedicated as street right-of-way at
such time that these streets are extended to the North as shown on the approved
preliminary plat for the Heartland Heights Development.
iii. That Developer shall obtain approval from the City Engineer and shall provide
acceptable end of street barricades, and shall provide street lights if deemed
necessary by the City of Fairfax.
iv. '"L'hat, Developer shall provide a scalcoat stir:iace .for said rock turnarouncl to
provide a dust Free surface i f or when deemed neees%t y by the City of Fairfax.
2. The Developer and./or the Grantee of all. ofthese temporary easements, shall have the
right while all temporary casements are in existence, to construct, reconstruct, maintain,
repair, and remove cables, pipes, underground lines and pipes and any other equipment or
appurtenances above or below the surface of the ground as may be necessary for the
purposes of this easement grant. The C.Trantecs shall have the right of ingress and egress
for the purposes stated above. Grantors, then' successors In interest and assigns, reserve
the right to use said easement area for any purpose which will not interfere with the
Grantees full enjoyment rights hereby granted. No permanent structures, trees, bushes or
other plantings shall be located on the area so designated for these easements wit]unrt first
obtaining written authorization from the Grantee.
3. The Grantors agree this Agreement shall be binding upon the Grantors , their
successors, and assigns and the sale by the Grantors of all or any part of'said property
described above shall transfer the rights and obligations to the successor in interest.
4. It is further agreed this agreement shall terminate and shall be considered null and
void at such time as the adjacent street improvements as shown in the above exhibits are
extended across or within said casement area with maintenance bonds accepted by the
City of Fairfax for said improvements, or, at such tin.lc as decried appropriate by the City
of'Fairfax or City Fngineer, whichever Occurs first.
1 ated this clay of .._-_.J % I. . 2017.
-........
I31'Uce (3. Sevlg
STATE Of' IOWA
)Ss
COUNTY OF L.,INN )
;subscribed and sworn to belorc nit by BrUC.C.. C:,_._SC_vi.g. a single person, this r74K'
clay o ........_l..Y..���lf i/1_........ 2017.
Notary I' i "—So1'Io��va
oaPQ JANELLE M. SCH I i
Commission Number 9$3709
My CoinmiSss;Ion Expires
'"'12---�1S�a�
POINT OF BEGINNIN
N
N86° 11' 52"E 100.00'
w-(
hbk E
»
TEMPORARY S
0
0 180' X 100' om
TURNAROUND,
ACCESS, SANITARY W
3: SEWER, WATER MAIN, o
co AND STORM SEWER bo
o EASEMENT 'I
co °
ce)
M 0
(D k
L=33.32'
R=170.00' c<c,
S 86°11'52" W
80.00' _ �BRG=N 09°25'22" W
CH=33.26'
S860 11' 52"W 100.00'
NOTE:
1. BASIS OF BEARINGS IS GPS MEASUREMENTS IN THE IOWA
PLANE COORDINATE SYSTEM NORTH ZONE NAD83.
2. LINEAR DIMENSIONS ARE IN U.S. SURVEY FEET AND
DECIMALS THEREOF.
N150 02'37"W 18.52'
No�zTl I I_INe_ PARC .-L'A' PLAT OF SURVEY 2004
S88° 12' 51 "W 140.61'
POINT OF
COMMENCEMENT
0 30 60 120
GRAPHIC SCALE
LEGAL DESCRIPTION - TEMPORARY 180'x 100' TURNAROUND, ACCESS, SANITARY SEWER, WATER MAIN,
AND STORM SEWER EASEMENT
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF PARCEL 'A' OF PLAT OF SURVEY 2094 AS RECORDED IN PLAT BOOK
9668, PAGE 635 IN THE RECORDS OF LINN COUNTY RECORDER'S OFFICE; THENCE S88°12'51"W ALONG THE NORTH LINE
OF SAID PARCEL 'A', A DISTANCE OF 140.61 FEET; THENCE N15°02'37"W, A DISTANCE OF 18.52 FEET TO A POINT OF
CURVATURE; THENCE NORTH ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 170.00 FEET AND A CHORD BEARING
OF N09°25'22"W, AN ARC LENGTH OF 33.32 FEET; THENCE S86'1 1'52"W ALONG SAID NORTH LINE, A DISTANCE OF 80.00
FEET FOR THE POINT OF BEGINNING; THENCE NO3°48'08"W, A DISTANCE OF 180.00 FEET; THENCE N86°11'52"E, A
DISTANCE OF 100.00 FEET; THENCE S03°48'08"E, A DISTANCE OF 180.00 FEET; THENCE S86°11'52"W, A DISTANCE OF
100.00 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 0.41 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
1 N
LI 1,L1 ;
+ LOT 75
C a 0.32 AC..,r:':
STANDARD LEGEND AND NOTES
Roundnry orPropeny Llne
Segbn Llne
LolLine,lntemal
L. Lill. Platted ,by oepn
Exlslln9 Cenledlne
-posetl Lenleaine
Exlelipp RIgMOI.Way
Proposed Righbl-Wny ----
BoecM1mah
— —
--- •••—
0
Seaton C—., F—d
- TEH
Arr"ove:"nv: 'CIsH
seam"comet ReeetaWl:nee
A
snow"comer. Reoa,aea Loea�wo
Q
Property Comcr, Found
�
Pmpeny comet sec sre• Reearwr
Yellow Plaellc ClD PLS —88
C"t _o
—,dea Llmp�:lope
IAeasored°Imeps]—
(R)
(u)
RECORD. ERROR OF CLOSURE IS LESS THAN 1 FOOT IN 10,000 FEET
EASEMENT EXHIBIT
EXHIBIT A
TEMPORARY 180'X 100' TURNAROUND,
ACCESS, SANITARY SEWER, WATER
MAIN, AND STORM SEWER EASEMENT
CITY OF FAIRFAX, LINN COUNTY, IOWA
HBK ENGINEERING, LLC
509 S. GILBRRT ST.
IOWA CITY, IA 52240
hbk PHONE: (319) 338-7557
ENGINEERING FAX: (319)35s-2937
APPROED
- TEH
Arr"ove:"nv: 'CIsH
HOJhC' NUMDER: Is•oovs
DATE DRAWN: 02.09.2017
SCA,,". 1'.=60'
SIINP:'1':
1 O F 1
TEMPORARY EASEMENT
COMES NOW, Gordon C. Sevig and Shirley A. Sevig, husband and wife,
(Grantors) and grant to Iowa Lot Development, LLC, (Grantee/Developer) and the City
of Fairfax, Linn County, Iowa, (Grantee) temporary easements for the purposes
constructing and maintaining sanitary sewer, temporary turn -around accesses, water
mains, storm sewers, public infrastructure and storm water drainage over and upon the
following property in Fairfax, Linn County, Iowa, and for the following specific
purposes:
1. Grantors convey unto Grantees the following temporary 60' sanitary sewer easements:
a) GLEN OAKS DRIVE - TEMPORARY 60' SANITARY SEWER EASEMENT
A PORTION OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH,
RANGE 8 WEST OF THE FIFTH PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 75 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY
OF FAIRFAX; THENCE NOl °47'09"W, A DISTANCE OF 120.00 FEET FOR THE POINT OF BEGINNING; THENCE
CONTINUING N01 °47'09"W, A DISTANCE OF 121.24 FEET; THENCE N88°12'51 "E, A DISTANCE OF 60.00 FEET; THENCE
SOI °47'09"E, A DISTANCE OF 121.24 FEET; THENCE S88°12'51 "W, A DISTANCE OF 60.00 FEET TO THE POINT OF
BEGINNING.
SAID EASEMENT CONTAINS 0.17 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD. (See exhibit a)
b) FOXTAIL DRIVE - TEMPORARY 60' SANITARY SEWER EASEMENT
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 67 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY
OF FAIRFAX; THENCE N01°47'09"W, A DISTANCE OF 120.00 FEET FOR THE POINT OF BEGINNING; THENCE
CONTINUING N01.°47'09"W, A DISTANCE OF 57.71 FEET; THENCE N88°12'51"E, A DISTANCE OF 60.00 FEET; THENCE
S01°47'09"E, A DISTANCE OF 57.71 FEET; 'THENCE S88°12'51"W, A DISTANCE OF 60.00 FEET TO THE POINT OF
BEGINNING,
SAID EASEMENT CONTAINS 0.08 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD. (See exhibit b)
C) EAGLEVIEW DRIVE—TEMPORARY 60' SANITARY SEWER EASEMENT
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 59 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY
OF FAIRFAX; THENCE NO1°47'09"W, A DISTANCE OF 120.00 FEET FOR THE POINT OF BEGINNING; THENCE
CONTINUING N01°47'0911W, A DISTANCE OF 118.38 FEET; THENCE N88°12'51"E, A DISTANCE OF 60,00 FEET; THENCE
SOI°47'09"E, A DISTANCE OF 118.38 FEET; THENCE S88°12'51"W, A DISTANCE OF 60.00 FEET TO THE POINT OF
BEGINNING.
SAID EASEMENT CONTAINS 0.16 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD. (See exhibit c)
a) DEERFIELD DRIVE - TEMPORARY 60' SANITARY SEWER EASEMENT
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 53 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY
OF FAIRFAX; THENCE N01°47'09"W, A DISTANCE OF 120.00 FEET FOR THE POINT OF BEGINNING; THENCE
CONTINUING N01 °47'09"W, A DISTANCE OF 40.80 FEET% THENCE N88°12'51 "E, A DISTANCE OF 60.00 FEET; THENCE
SOl°47'09"E, A DISTANCE OF 40.80 FEET; THENCE S88°12'51"W, A DISTANCE OF 60.00 FEET TO THE POINT OF
BEGINNING.
SAID EASEMENT CONTAINS 0,06 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD. (See exhibit d)
e) CARDINAL DRIVE - TEMPORARY 60' SANITARY SEWER EASEMENT
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 45 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY
OF FAIRFAX; THENCE NOl°47'09"W, A DISTANCE OF 120.00 FEET FOR THE POINT OF BEGINNING; THENCE
CONTINUING NOl °47'09"W, A DISTANCE OF 146.88 FEET; THENCE N88°05'31 "E, A DISTANCE OF 60,00 FEET; THENCE
SOI -47'09"E, A DISTANCE OF 146.88 FEET; THENCE S88°05'31"W, A DISTANCE OF 60.00 FEET TO THE POINT OF
BEGINNING.
SAID EASEMENT CONTAINS 0.20 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD. (See exhibit e)
BRIDGEWOOD DRIVE - TEMPORARY 60' SANITARY SEWER EASEMENT
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 36 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY
OF FAIRFAX; THENCE NOl°47'38"W, A DISTANCE OF 120.00 FEET FOR THE POINT OF BEGINNING; THENCE
S88°04'12"W, A DISTANCE OF 60.00 FEET; THENCE NOl°47'38"W, A DISTANCE OF 50.40 FEET; THENCE N88°04'12"E, A
DISTANCE OF 60.00 FEET; THENCE SOI °47'38"E, A DISTANCE OF 50.40 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 0.07 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD. (See exhibit 0
2. Grantors convey unto Grantees the following temporary 120'x100' turn around,
access, sanitary sewer, water main and storm sewer easements:
a) GLEN OAKS DRIVE —TEMPORARY 120'X 100' TURNAROUND ACCESS,
SANITARY SEWER WATER MAIN AND STORM SEWER EASEMENT
A PORTION OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH,
RANGE 8 WEST OF THE FIFTH PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 75 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY
OF FAIRFAX; THENCE S88°12'51 "W ALONG THE NORTH LINE OF SAID LOT 75, A DISTANCE OF 20.00 FEET FOR THE
POINT OF BEGINNING; THENCE NO1°47'09"W, A DISTANCE OF 120.00 FEET; THENCE N88°12'51"E, A DISTANCE OF
100.00 FEET; THENCE SOI °47'09"E, A DISTANCE OF 120.00 FEET TO THE NORTH LINE OF SAID HEARTLAND HEIGHTS
FIRST ADDITION; THENCE S88°12'51"W ALONG SAID NORTH, A DISTANCE OF 100.00 FEET TO THE POINT OF
BEGINNING.
SAID EASEMENT CONTAINS 0.28 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD. (See exhibit g)
b) FOXTAIL DRIVE —TEMPORARY 120'X 100' TURNAROUND, ACCESS
SANITARY SEWER WATER MAIN AND STORM SEWER EASEMENT
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 67 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY
OF FAIRFAX; THENCE S88°12'51 "W ALONG THE NORTH LINE OF SAID LOT 67, A DISTANCE OF 20.00 FEET FOR THE
POINT OF BEGINNING; THENCE NOl°47'09"W, A DISTANCE OF 120.00 FEET; THENCE N88112'51"E, A DISTANCE OF
100.00 FEET; THENCE SOI °47'09"E, A DISTANCE OF 120.00 FEET TO THE NORTH LINE OF SAID HEARTLAND HEIGHTS
FIRST ADDITION; THENCE S88°12'51"W ALONG SAID NORTH LINE, A DISTANCE OF 100.00 FEET TO THE POINT OF
BEGINNING.
2
SAID L:ASI:MIINI COMTAINS 0.28 ACRES N1ORF OR LESS, AND IS SUT3.IE?C"I" R) EASEWE'N'f'S AND RESTRICTIONS OF
RECORD, (Sce exhibil h)
c) FAGL,EVI.EW .I)It1.Vt - TEMPC)Rt1RY_120' X.100'�i'IJRN�ROl1ND ACCESS SANt'1'ARY
SEWER. WATER MAIN AND STORM SEWER .EASEMENT
A PORTION OP SECTION 4, TOWNSLIIP 82 NORTH, RANCH:; 8 WEST Ol'' TI III--, FIFTH
PRINCIPAL, MERIDIAN, MORGi PARTICULARLY D6iSCRIl:31 D AS FOLLOWS:
COMMI"NC'ING AT" 1'111:: NORTEH3AST CORNER OF LOT 59 OF I IEART'LAND I -3I IGHIT;S FI RSTADDITION IN "1'111- CITY
OI- FAIRFAX: TI JENC13 S88°12'51 "W ALONG T -HE' NORTH LINE OF SAID LOT 59, A DIS'T'ANCE OF 20.00 I"EF I' FOR THI:::
110INTOF I i FIGINNING: 'Ill [..,NCE N01°47'00"W, A DISTANCE -'OF 120.00 L I I. E,'('I IIiNCLi N8812'51"I., A DISTANCE' OF
100.00F1::Li1;'1'IJENCL SOI °47'09"E.ADISTANC'EDl'120.00I'fiT l''IO'EEII.N(.)RTIILIN[:OFSAID IiLAR'IT.ANDH1alGlITS
FIRSTADDITION: T'IIENCF: S88°12'51 "W ALONG SAID NORT( I LINE, A DISTANCLOF ]00.00 FI:E 1"I'f. TO IF POINT OF
BEGINNING
SAID I.;ASHNIENT CONTAINS 0.28 ACRES MORE OR I.,F:S•S, AND IS SU1111':CI"1`0 F-.ASI.:MI NT;S AND RL;SIRICTTONS Of:
RECORD. (See cxhihit i)
d) I)I;ll RI'IE1..,D I)RIVI:-'I'EMPORAItYl20',X 100'••'1_URNAROI.JNn.ACC( S$,.,�,AN1`[nR..Y
S E W E &.N MAIN, (SNI) ST'Q[tM SL-', It EASEMENT
A PORTION OF 'I'EIF; SOU'1'EiFi:AS'(' Ql1AR"I'I R OF SECTION 4, T'OWNSI-IlP 82 NORTI I, RANCiF 8 WESTOF T HE FIFTH
PRINCIPAL. MERIDIAN, MORF, PARTICULARLY DESCRIBI.11.1:) AS FOLLOWS:
C'OMMENCINO AT TI IIi NOR'TI IEAS'T' CORNI.R OF L(')'T' 53 OF I113ART'LAND I IEICiII'!`S FIRST ADDI'T'ION IN 'T'HE" CITY
OI' 1=AlRI AX: `I'IIENC'F..i S88°12'51 "W ALONG'i II[i NOR'T'H L,INI:! OE' SAID LOT53, A DIS'TANC'E OF 20.00 FEFT FOP. THE
POINT(.1F 13EU1NNING; THI'NC? N01"47'09"W, A DISTANCE: OF 120.00 Ff.;G'1';'I'I-]TiiNCh: N88"12'51"1-:, A DISTANCE OF
100,00 PF:1':'I'; HIF:NCI:i S01°17'09"I- A DISTANCE: OF 120.00 I TikT' T'I II.,NC'R S88"12'51"W, A DISTANCE OF 100.00 FEET
TO TI 11: POINT OI 131iC)INNINCi.
SAID EASI:MI.-XI' CONTAINS 0.28 ACRES MORE OR LESS, AND IS S(JB.II-CT TO EASL TVI NT'S AND RESTRICTIONS OP
RI:C'ORD, (Seecxhibil,j)
c) CARIAN-A- , DRIVE - TEMPORARY120'_X_100'_FURNAROUNI),.ACCESS SANITARY
ti13WI R,.WATF'.R MAIN, AND S'T'ORM SEV R Il,AS MENT
A POR'T'ION OF THE? SC)ll'IHE;AST OUARTIiR OFSECTION 4, TOWNSFIII) 82 NORTH, RANGE 8 WEST OF TllF FIFTH
PRINCIPAI. NIDIRIDIAN, MORD PARTICULARLY DEiSC'RIBE.1.) AS F'OI.A.-OWS:
IiIXANNIN(i ATTI IE NORT11FAST CORNS=R OF I...OT 45 (:)FI-JE;AJZTI..,AND IIFIGHTS FIRSTADDI'T'ION IN' IIF CITY OF
1'AIRFAX; TIIENC'I: S88°05'31"W ALONG THE' NORTH I..INI OF SAID LOT 45, A DISTANCE OL•' 20.00 I L ICI' F(. -M
POINT OI RIiGINNING; "I'I IFiNC.a3 N01°410941. A DIST'ANC'E: OI' 120.00 F'I'lHT: TTILM'I N88°05'31" 1!, A DISTANCE Ol-,
100.00 PEIi'I': 'I'III:N('li SUI"47'10"I"i, A DIS"fANC;t: (.1P 124.79 WET TO T111
NORTH ENI:; OF SAID HEAR'T`LAND
I11:(IGI 119, TT IFNCI: S88°04'12"W ALONG SAID NORTH I,INI:. A DISTANC'I-- OF 20.00 FI:ICI' T') TI ll: I:AS'T'I'.RI,Y RIGHT-
OF-WAY LINE OF (:ARDINAL. DRIVE, 'I'll WI` N01"47'09"li ALONG SAID FASTFItI.Y RIGIIT-OF-WAY, A DISTANCE:
01:4,90 1-1.1 I': TI WNCT S88"05'31 "W. A DIS'TANCI: OF 80.00 1:10;1"1'O T 111: POINT OF BFUNNIN(I,
SAID 1!ASIWFNT CONTAINS 0.28 ACRES NIORI:OR I.I:SS, AND IS St113,IR"I' I'O EASEMEN'1:S AND RI:S'I'RIC TIONS OF
RIVORD. (Sur exhil)il k)
f� f3[21[;)Cil_W000 DMVI:{ _I_'I MPC)RARY,[z.0..:_.X.....[_0O'__FL..11t_Nn(t.0LJ-ND, ACCFS:5.,
SANITARY SF.WER, WA II:iR MAIN ANI>._S_I ORM-_SI -----
A
A PORTION ()FTI If: SOU'I'III:AST QIJAR'IT'.R OF SLCTION •I, TOWNSI111' 82 NOR I11. RANGE 8 WEST OI 'I 111: FIF'I'll
PRINCIPAL NWRIDUW. Mt)RI? PAR`HCLJI.ARI,Y DESCRIBED AS FOLLOWS:
('ONINIl:NC'IN(i AT I'IIt: . NORTIIF A.ST CORNER OF 1A)T37 OF IWART1,AND III(I(AITS FIRSTADDITION IN TI It: CITY
OF FAIRFAX: TTfl:NCli S88"041 TV ALONG TI I1` NOR'DII L.INI:OF SAID LOT37, A DIS'] ANCI: OF 20.00 141:1.:T FOR TI If:
POIN`1OF BF'(HNNINO: 'I'1IENC,E N01"47'38"W, A DISTANC'I: OF 120.00 I H T: T l TINCT'. 1\188"0.1'12"E, A DISTANC'I: OI;
1(10.00 FIT 1*: TI11:N(.'E S01"47':38"1=, A DISTANCT OF 120.00 1 ITT TO TI Ili NOR111I I.IN1.'. OF SAID HEARTLAND 1 II::IGI ITS
FIRSTADDITION: TI WNC'F. S88"04'12'V ALONG SAID NORT'll LINT.:. A DIST'ANCI: OF IWOO FIT -I' TO TI IF: POINT OP
IilXHNNIN(J.
SAID EASI'MI:.NT CONTAINS 0.28 ACRPS MORE', OR LESS, ANT) IS SUT3J1[(" F TO F.ASI'M N`rS AND RE'ST'RIC'T'IONS OF
RE?CORD. (Sec exhihit I)
3. Grantors, the City of Fairfax, Iowa and the Developer agree that the Developer shall
be responsible to construct a temporary rock cul-de-sac, or "turnaround" at the end of the
streets set forth above in accordance with the phasing plan and improvement plans
approved by the City of'.I'airfax, subJect to the :following conditions:
That said rock turnaround will be constructed in the end of the each street's
concrete pavement, as constructed in the Heartland. Heights First: Addition in the
City of'Fairfax, Finn County, Iowa, pursuant to a design Acceptable to the City of
Fairfax and as shown on Exhibits (g), (h), (i), (.T), (k) and (1).
ii. Grantor and Developer agree that the areas on. the attached exhibits and adjoining
the 60' wide right-of-way being dedicated as public street right of -way with the
final plat of Heartland Fl.eights first Addition in the City of Fairfax, Linn County,
Iowa., shall become a temporary easement for said rock turnaround, access and
public utilities. A portion of said areas shall be dedicated as street right-of-way at
such time thin these streets are extended to the North as shown oil the approved
preliminary plat for the Heartland Heights Development.
iii. That Developer shall obtain approval from the City Engineer and shall provide
acceptable end ofstreet barricades, and shall provide street lights if deemed
necessary by the City o:f .Fairfax,
iv. "I'hat, Developer shall provide a seal.c()at Surface for said rock turnaround to
provide a dust free surface i f or when deemed necessary by the City of Fairfax.
4. 'File Grantors grant to the Grantees a temporary public irrf 'astructure casement
described. as .follows:
`I'I?MPORARY PlJI3I,_IC.,.,,I,:N-1RAS;T_RUCT_URt L,ASLIaMIWC
A PORTION OP "PITT': SOt.J`['LII::AS`I' QUARTER OF SECTION 9, TOWNSHIP 82 NORTH, RANGE- 8 WEST OF T1W FIFTTI
PRINC'IPAI., MERIDIAN, MORE:. PARTIC'ULARI.,Y DE3SCRIBI'D AS FOLLOWS:
131:01NNING AT" IU` SOU'fl[WE'ST CORNIT OF LOT 25 1IFARTLAND I]FIGIITS FIRST ADDITION IN TI ll,' CITY OF
FAIRPAX; TIIFNCT S22"98'21"W ALONG '1'1-11: WE'ST LINE OF SAID LOT 25, A DISTANCH OF 10.06 1:1-TTT11ENC'I;
NOW -15'36"W, A DISTANC.'I.:: OF' 51.13 1'Fli`I'; `I'I IFNC:li N29"19'211" I?. A DISI'ANCIi OP 90.00 I'l'l` 1':'I'I II'iNCI? SGO"41''36"I:. A
DISTANCE' OF 50,00 FEET:]] ll NCG S29°19'2=1"W . A DISTANCE OF 80.00 Fl -'I.: " P(-) TI II: POINT OF 1.31:(iINNING.
SAID I-iASEMFNI' C'ONT'AINS 0.10 AC'RI:S t\ OR1 OR LESS. AND ISSUBJECT TO IfASEMENI:S AND RISTT2ICTIONS OF
RliCORD. (See exhihit n-0
S. The Grantors Convey Llnto the (trantecs a temporary storm sewer and storill w"Iter
drainage easen-lent over the following legally described property:
TIrMPORARY SI_ORNI SFVT*-,R_ANG).STORM .. W_AT;C.,It_.URA1NAGL: C ASI_;M1WF
A N)R'I'1ON OF TI It: SOIIT J WAS I' t )UART ER OF S C I'ION if, 'POWNSI fill 82 NORT'l 1. RAWF 8 WI!SI' OP 'I'111; FIFT•I I
PRINCIPAL MERIDIAN. MORF PARTICULARL)' D SC'R1131{1) AS FOLLOWS:
4
(''OMMFiNC'1N(3 A'1" TLI6i S(.)U'1•I IWIiS'I' CORNER (.)P LO'T I Ol I II'iAlt`I'I,AND I Ilil(il l"i S l 1RST" AT7Ul1'If)N INTI II'i CITY OP
FAIRI'AX; TIIF'N(T N60"45'36"W ALONG TIE NORTiRAI...Y IMA I' -OP -WAY LINI:OF BINI:RI.Y ROAD, A DISTANCE
OI' 42.58 Ft;l"I" POR'I'1IE PO1N I' (1I' 131iCiINNIN(i;'I'11IiNC'li C'ON'1'[NUIN(i N60'45'36"W ALONG SAID RIGHT -UP -WAY. A
DISTANCE of 20.34 ITFI ; TT IFNCi3 N39"41151', A DISTANCE OF 70.06 I I::I:'I'; '1'liT?NCI':: S50^18'45" Ii, A DISTANCI?i OF
20,00 Fl li'1','TI1I:NC'1; 539°41'15"W, A DISTANCE OF 66.38 PITT, TOTHE. POINTOF BEGINNING.
SAiD EASEMENT CONTAINS 1361I S(;). P'1'. MOR(? OR LMS, AND IS SI.I13J1"C"I' TC) E'.ASf:MEN"l:S AND RESTRICTIONS OF
RECORD. (See exhibil n)
6. The Developer and/or the Grantee of all of these temporary casements, shall have the
right while all temporary casements are in existence, to construct, reconstruct, maintain,
repair, and remove cables, pipes, underground lines and pipes and any other equipment of-
appurtenances
fappurtenances above of below the surface of the groubd as may be necessary for the
pl.irposes o:f tllIs casciiient grant. The Grantees shall have the right ofingress and egress
for the purposes stated above. Grantors, theiI' Successors in interest and assigns, .reserve
the right to USC-'. Said casement area for any purpose which will not interfere With the
Grantees full enjoyment rights hereby granted. No permanent structures, trees, bushes or
other plantings shall be located on the area so designated for these easements without first
obtaining written authorization from the Grantee.
7. 'rhe Grantors agree this Agreement shall be binding upon the Grantors , their
successors, and assigns and the sale by the Grantors of all of, any part of said property
described above shall transfer the rights and obligations to the successor in interest.
8. -It is further agreed this agreement shall terminate and shall be considered null and
void at such time as the adjacent street improvements as shown in the above exhibits are
extended across or within said Casement area with maintenance bonds accepted by the
C',Ity of l"airlaX fol' said improvements, or, at: such time as deemed appropriate by the City
of l7airfax or City 1?rigineer, whichever occurs first.
Dated this �clay of.__.h.�l'( , 2017.
C:.rorc o.n cl- Sevig
� C
Shirley A. ,'cvig
STATE OF IOWA
)ss
COUNTY OFLJNN
Subscribed and sworn to before nic by Gordon C, Sevig and Shirley./1.
husband and wile, this r74h day Of ........... JV r 2017.
N JANELLE IiA. SCHMIDT
Commission Number 183709
11 es
myco PA—Ir — . .. . ... ........
11,01— '�t—iblic --,StUttc of Iowa
o
Not i t&,
Iowa L.,ot Developinent, LIX, agrees to the terms and conditions set forth herein.
IOWA t,ar DEVELOPMENT, LLC
By: TBIrlulee G. Sevigga, . .-inber
I
N 88°12'51" E 60.00'
N
N �
W> hbk
N > N W E
%-W H
�i ()�- (nZ c"I
I >-W W
o Q W S
o Z
Q
� Q W o
C) U)
z
POINT OF � o
U)
BEGINNING
v
S 88°12'51" 60.00' o
I
N0121IiLINKPAIRC,EI_WPIAiOFSURVEY2094
Boundarvor Proporly Lino
Sedbn Llno
lot Li.+e. inlemel
Lot U+., Planed o, by Deed
ExISIInO Cenledlno
Proposed Cen!ealne
Exisl1n9 Right—y-----------
NOI;11 I I INIir. PA1ZC i _l. '7
�LaIt)I SUI2VI11093
H
Sedlo,! cernec E.-
sadloncometRoeemalsnee
40.61'
Seglon Corner, Recortletl Lorz!ion
Pmpeay Corner. Found
POINT OF �'>
Ui
Yll-Plastb can PLS k9859
COMMENCEMENT '
`
I
Recorded Dlmensmo:
Ineasema Dlmenslons
(R)
pn)
Ld
LOT 74'
'.
LOT 75
0
I < ,
i� .
0.34 AC.
0.32 AC.
F —+
i
\
NOTE:
1. BASIS OF BEARINGS IS GPS MEASUREMENTS IN THE IOWA
PLANE COORDINATE SYSTEM NORTH ZONE NAD83.
2. LINEAR DIMENSIONS ARE IN U.S. SURVEY FEET AND
DECIMALS THEREOF.
0 30 60 120
1 incl) = 60 ft.
LEGAL DESCRIPTION - TEMPORARY 60' SANITARY SEWER EASEMENT
A PORTION OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH,
RANGE 8 WEST OF THE FIFTH PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 75 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY OF
FAIRFAX; THENCE N01 °47'09"W, A DISTANCE OF 120.00 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING
N01°47'09"W, A DISTANCE OF 121.24 FEET; THENCE N88°12'51"E, A DISTANCE OF 60.00 FEET; THENCE S01°47'09r'E,
A DISTANCE OF 121.24 FEET; THENCE S88°12'51r'W, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 0.17 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
EASEMENT EXHIBIT
EXHIBIT A
TEMPORARY 60' SANITARY SEWER EASEMENT hbk
ENGINEERING
CITY OF FAIRFAX, LINN COUNTY, IOWA
STANDARD LEGEND AND NOTES
Boundarvor Proporly Lino
Sedbn Llno
lot Li.+e. inlemel
Lot U+., Planed o, by Deed
ExISIInO Cenledlno
Proposed Cen!ealne
Exisl1n9 Right—y-----------
Proposed Rl9bbt-Way �...�...�...�
Eenrtimxrk
H
Sedlo,! cernec E.-
sadloncometRoeemalsnee
Seglon Corner, Recortletl Lorz!ion
Pmpeay Corner. Found
•
P,opeay Corner. Set: 5IB' Rebar wl
Yll-Plastb can PLS k9859
cm x
Recorded Dlmensmo:
Ineasema Dlmenslons
(R)
pn)
ERROR OF CLOSURE IS LESS THAN 1 FOOT IN 10,000 FEET
DRAWN RY: FSW
APPROVED BY: TM
HBK ENGINEERING, LLC PROJECT NUMIIER: 15.0099
509 S. GILBERT ST.
IOWA CITY, IA 52240 DATE DRAWN: _ 02.09.2017
PHONE: (319) 338-7557 SCALE:
FAX: (319) 358-2937
1 OF 1
TEMPORARY 60' SANITARY N 8812'51" E 60.00'
SEWER EASEMENT
N 01'47'09" W 57.71'
F*
POINT OF BEGINNIN
r�
1
OR�tP
S 88°12'51" W 60.00'
N
W L
S 01'47'09" E 57.71'
S
NORTH I -INE Pl RCEL.'A'
I 6> (U
6 POINT OF
--,y or Prooeoy Line
Sedbe Line
Lol Lino, lnlemal
Lol Line. Platted or by DeM
Exlsling Cenledlne
P,opoaed Ce"l,bm.
— —
f�:
cz as '
" COMMENCEMENT
--• •••—
� -
senloacemer.Po�oa
Sedbn Comer, ReesaWis�.etl
ul
0
Pmpa,, Comer. F—d
L,
LOT 66
' LOT 67
n
Yollow Plaslm Cap PLS %9889
rTl
n 0.34 AC.
r 0.34 AC.
aerq,ded Dlmenslons
raeaaared olmaaaos
(R)
(�+)
W
n: rJ
<v cv i
NOTE:
1. BASIS OF BEARINGS IS GPS MEASUREMENTS IN THE IOWA
0
30
60 120
PLANE COORDINATE SYSTEM NORTH ZONE NAD83.
2. LINEAR DIMENSIONS ARE IN U.S. SURVEY FEET AND
GRAPHIC SCALE
DECIMALS THEREOF.
LEGAL DESCRIPTION - TEMPORARY 60' SANITARY SEWER EASEMENT
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 67 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY OF
FAIRFAX; THENCE N01°47'09"W, A DISTANCE OF 120.00 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING
N01°47'09"W, A DISTANCE OF 57.71 FEET; THENCE N88°12'51"E, A DISTANCE OF 60.00 FEET; THENCE S01°47'09"E, A
DISTANCE OF 57.71 FEET; THENCE S88°12'51"W, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 0.08 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
C) n
U) (1>
STANDARD LEGEND AND NOTES
--,y or Prooeoy Line
Sedbe Line
Lol Lino, lnlemal
Lol Line. Platted or by DeM
Exlsling Cenledlne
P,opoaed Ce"l,bm.
— —
Exlslln9 Rl9blolN'aY
ProDosed RlpblolWay —•-•
oa�anman<
--• •••—
� -
senloacemer.Po�oa
Sedbn Comer, ReesaWis�.etl
SeGlon Comet, Remnied LwaBon
0
Pmpa,, Comer. F—d
•
Pmpvdy Comvr, Set: 5R' Rebar wl
O
Yollow Plaslm Cap PLS %9889
Cul'X'
aerq,ded Dlmenslons
raeaaared olmaaaos
(R)
(�+)
ERROR OF CLOSURE IS LESS THAN 1 FOOT IN 10,000 FEET
DRAWN BY: RSW
EASEMENT EXHIBIT ArPROYNUM BY: TRH
HBK ENGINEERING, LLC
509 S. GILBERT ST. "OJi" 0N1k"` 1s-oov�
EXHIBIT B IOWA CITY, IA 52240 DAT" DRAWN: 02.09.2017
TEMPORARY 60' SANITARY SEWER EASEMENT hbk PHONE: (319) 338-7557 SCALR: 111=60'
ENGINEERING Enx: (319) 358-237
CITY OF FAIRFAX, LINN COUNTY, IOWA snRRr: 1 OF 1 Ij
N 88°12'51" E 60.00'
I
POINT OF
COMMENCEMENT
LOT 59
0.34 AC.
O
Z
co
06
Lu
co N
c
\� 2
r
} W
W W hbk E
,.
a
Q w
(f)s
0
O
•
Properly Comer, Sec 515' ReM1arwl
ZC
C
o
Necorded.!—l—
POINT OF BEGINNING—\
Z
coo
I
POINT OF
COMMENCEMENT
LOT 59
0.34 AC.
O
Z
88°12'51" W 60.00'
NORTH I_IN(- PARCI-I- W
DATE DRAWN: 02.09.2017
Exis!Ing Cen!edlne
Proposed Cen�edino
Eals!Ing R19M1Fo1-Way—-
PraposedRloht - y —•--
Bend;maN
--—-- - ---.—
••• •••—
Pl_A I OI suRv' zoos
N
N .
88°12'51" W 60.00'
NOTE:
1. BASIS OF BEARINGS IS GPS MEASUREMENTS IN THE IOWA 0 30 60 120
PLANE COORDINATE SYSTEM NORTH ZONE NAD83. I I I I
2. LINEAR DIMENSIONS ARE IN U.S. SURVEY FEET AND
DECIMALS THEREOF. GRAPHIC SCALE
LEGAL DESCRIPTION - TEMPORARY 60' SANITARY SEWER EASEMENT
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 59 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY OF
FAIRFAX; THENCE N01°47'09"W, A DISTANCE OF 120.00 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING
N01°47109!'W, A DISTANCE OF 118.38 FEET; THENCE N88°12'51"E, A DISTANCE OF 60.00 FEET; THENCE S01°47'09"E, A
DISTANCE OF 118.38 FEET; THENCE S88°12'51"W, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 0.16 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
EASEMENT EXHIBIT
TEMPORARY 60' SANITARY SEWER EASEMENT hbk
EXHIBIT C ENGINEERING
CITY OF FAIRFAX, LINN COUNTY, IOWA
STANDARD LEGEND AND NOTES
NORTH I_IN(- PARCI-I- W
DATE DRAWN: 02.09.2017
Exis!Ing Cen!edlne
Proposed Cen�edino
Eals!Ing R19M1Fo1-Way—-
PraposedRloht - y —•--
Bend;maN
--—-- - ---.—
••• •••—
Pl_A I OI suRv' zoos
N
N
a
Properly comet Found
•
Properly Comer, Sec 515' ReM1arwl
0
C
cm•x.
Necorded.!—l—
(R)
Mea-dOlmonslons
(M)
LP 58
tLl
lU
i
0.34 AC.
n
ui
1.
i
m
FI
--
{_
E
c7l
j Q;
CU 1
n-
j ifJ
if7 i
NOTE:
1. BASIS OF BEARINGS IS GPS MEASUREMENTS IN THE IOWA 0 30 60 120
PLANE COORDINATE SYSTEM NORTH ZONE NAD83. I I I I
2. LINEAR DIMENSIONS ARE IN U.S. SURVEY FEET AND
DECIMALS THEREOF. GRAPHIC SCALE
LEGAL DESCRIPTION - TEMPORARY 60' SANITARY SEWER EASEMENT
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 59 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY OF
FAIRFAX; THENCE N01°47'09"W, A DISTANCE OF 120.00 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING
N01°47109!'W, A DISTANCE OF 118.38 FEET; THENCE N88°12'51"E, A DISTANCE OF 60.00 FEET; THENCE S01°47'09"E, A
DISTANCE OF 118.38 FEET; THENCE S88°12'51"W, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 0.16 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
EASEMENT EXHIBIT
TEMPORARY 60' SANITARY SEWER EASEMENT hbk
EXHIBIT C ENGINEERING
CITY OF FAIRFAX, LINN COUNTY, IOWA
STANDARD LEGEND AND NOTES
oundary or ProDedy Llno
Sedlon Llne
lot Llne. In,emal
L.1 Lbe, Plalted or by Deed
DATE DRAWN: 02.09.2017
Exis!Ing Cen!edlne
Proposed Cen�edino
Eals!Ing R19M1Fo1-Way—-
PraposedRloht - y —•--
Bend;maN
--—-- - ---.—
••• •••—
sedbo comer. Pound
Seubn Comer, ReestaNlsM1etl
Sedbn Corner. Remrded Louiibn
Properly comet Found
•
Properly Comer, Sec 515' ReM1arwl
0
Vel low Plas!IC Cap PLS 5889
cm•x.
Necorded.!—l—
(R)
Mea-dOlmonslons
(M)
ERROR OF CLOSURE IS LESS THAN 1 FOOT IN 10,000 FEET
DRAWN BY: Esw
APPROVED BY: TIRH
HBK ENGINEERING, LLC
509 S. GILBERT ST.
PROjEC'Y NUMBER: 15.0099
DATE DRAWN: 02.09.2017
IOWA CITY, IA 52240
PHONE: (319) 338-7557
PAX: (319) 358-2937
SCALE:
1 OF 1
TEMPORARY
60' SANITARY SEWER N 88°12'51" E 60.00'
EASEMENT
S 01'47'09" E 40.80' W bhk E
N 01'47'09" W 40.80'
s
POINT OF BEGINNING
S 88°12'51" W 60.00'
0
O
N
9
O
O
Z
NORTI 1 I INIn PARGLH- W
Pl_A OI- sIjIw--.Y 2093
i
t_
m
POINT OF
cnCOMMENCEMENT
To)
?I Q LOT 52
c`" S 111 111
LOT 53 ` 0.34 AC
s
u o u>
0.34 AC. !—�
UA
°)
r �
r
':
n� a
co m1,
1
>
CL Ll_
N Cu
v
. Cil (y
fR_
LOT 51
LOT 54 0.34 AC,
0.34 AC.
NOTE:
0 30 60 120
1. BASIS OF BEARINGS IS GPS MEASUREMENTS IN THE IOWA
PLANE COORDINATE SYSTEM NORTH ZONE NAD83.
STANDARD LEGEND AND NOTES
e°°"eery Dr nmpeny a°°
Lol Llno, lmemel
2. LINEAR DIMENSIONS ARE IN U.S. SURVEY FEET AND GRAPHIC SCALE
DECIMALS THEREOF.
DLLI"D.Placetl°rhYoe°
t.IrnD9 cemam"e
LEGAL DESCRIPTION — TEMPORARY 60' SANITARY SEWER EASEMENT
PmP°a
Exlsll"9 RI9ht -Vlay — ---- ------
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH
Pr°posetlR191r1a6Vley--•--••--•••—
PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
sem°n com°r, neesewlrne°
COMMENCING AT THE NORTHEAST CORNER OF LOT 53 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY OF
P::'p: Comer. Recortletl Lo elbn f
PropeM corner. Found •
FAIRFAX; THENCE N01°47'09"W, A DISTANCE OF 120.00 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING
ProDo°Y orner, Ser:59'Retatwl O
Veil.Pbsll°CapPL5119889
N01047'09"W, A DISTANCE OF 40.80 FEET; THENCE N88012'51"E, A DISTANCE OF 60.00 FEET; THENCE S01°47'09"E, A
X.
DISTANCE OF 40.80 FEET; THENCE S88012'51"W, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING.
necortlea Clmenslons (ft)
SAID EASEMENT CONTAINS 0.06 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
OF CLOSURE IS LESS THAN 1 FOOT IN 10,000
RECORD.
ERROR
FEET
DRAWNIM
EASEMENT EXHIBIT
HBK ENGINEERING, LLC
APPROVE:II BY: TrH
PROJECT NUmxrR: 15.0099
509 S. GILBERT ST.
hbk
DATE: DRAWN: 02.09.2017
IOWA CITY, IA 52240
TEMPORARY 60' SANITARY SEWER EASEMENT
PHONE: (319) 338-7557
SCALE,:
EXHIBIT D
ENGINEERING FAX: (319) 358-2937
snRE,r
CITY OF FAIRFAX, LINN COUNTY, IOWA
1 OF 1
5'1N 88105'31" E 60.00'
t!> eC1
Llli z
N
00
'0Ld 00
cD 7 p
i) d � Z — W YE
41.1 {. > W W
0 *
? 0� 2 -
CF) a Q W p
1-a 11 S p I_ to ti
S
Ct)I(f) W Z W of
4,1,11 T F- U)
4;1 p o
` z ZD cn
p
POINT OF BEGINNING
i S 88°05'31" W 60.00'
i ,
G
CD d CJ\
N
p
i o
I
C:)
Z
c.
NOR 11I 1_INI:_ I','\RClzl_ -\
;n
u'I Al OI--- GIJRVI--..Y 2093
POINT OF
i� (3
L;
CI LU /
COMMENCEME T ; u, Z
«,C LOT 44
LOT 45
ri
ro
0.31 AC. i ! I 0.26 AC.
d,
ij
r I F-1
q o
,
-,"'�"p
{L
NOTE:
0 30 60 120
1. BASIS OF BEARINGS IS GPS MEASUREMENTS IN THE IOWA
PLANE COORDINATE SYSTEM NORTH ZONE NAD83. ��111111E_�
STANDARD LEGEND AND
NOTES
Boundary or Piopeny Llne
S°°'°°L'°°
Lol Llna.lnlemal
- -
2. LINEAR DIMENSIONS ARE IN U.S. SURVEY FEET AND GRAPHIC SCALE
DECIMALS THEREOF.
L°a me.Planea°,byo°ad
LEGAL DESCRIPTION - TEMPORARY 60' SANITARY SEWER EASEMENT
ea:ung c°mem"°
Pmpaeed Cemedlne
[rislln9 Rl9blolM'ay—-------
—
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH
Proposed Rl9bloMWay—•---•••—•••—
R°nmm,k
q
PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:Seal°n
pm°"
Sedlon Corner. N.I.Reesta
A
COMMENCING AT THE NORTHEAST CORNER OF LOT 45 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY OF
Camar. R°"nd
•
FAIRFAX; THENCE N01°47'09"W, A DISTANCE OF 120.00 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING
Prop nY
Property Corner, Sec 518' Rebarwl
N01°47'09"W, A DISTANCE OF 146.88 FEET; THENCE N88°05'31"E, A DISTANCE OF 60.00 FEET; THENCE S01°47'09"E, A
Vello PIas:IcCapPlSA9B89
O
DISTANCE OF 146.88 FEET; THENCE S88°05'31"W, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING.
Reeordea ohne":m":
(R)
SAID EASEMENT CONTAINS 0.20 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
CaCC°mDlman:Ian:
M>
OF CLOSURE IS LESS THAN 1 FOOT IN 10,000
RECORD.
ERROR
FEET
DR.AWNBY:
rsw
EASEMENT EXHIBIT
HBK ENGINEERING, LLC
APPRDVFIDUM
TrH
15.0099
509 S. GILBERT ST.
hbk
PR° laLn NnER:
DATE DRAWN:
02.09.2017
IOWA CITY, IA 52240
TEMPORARY 60' SANITARY SEWER EASEMENT
PHONE: (319) 338-7557
SCALE:
111_60,
EXHIBIT E
ENGINEERING FAX: (3I9)358-2937
nEEr:
CITY OF FAIRFAX, LINN COUNTY, IOWA
1
OF 1
TEMPORARYN
60' SANITARY SEWER N 88°04'12" E 60.00' w
EASEMENT � E
N01 °47'38" W 50.40' S 01'47'38" E 50.40' LOT 27
s
0.29 AC.
S-- W 60.00''�POINT OF BEGINNING
0
0
0
CV
_,l
LOT 28
o l\G Ngo' m 0.24 AC.
Z
u�
a>
ca
co
I
c_
NO `LH LIME PARE -H, 'A'
I
PLAI OF 3Uim-y 209 �
i POINT OF
�> COMMENCEMENT
w
LOT 29
�) LOT 36 a>
al n,
LOT 37 n O 2
0 0.26 AC.
.26 AC.
--
n 0.26 AC.
46
(1 () ^ C)
LOT 30
LOT 35 L,I 0.26 AC.
LOT 38 0.26 AC.
0.26 AC.
NOTE:
1. BASIS OF BEARINGS IS GPS MEASUREMENTS IN THE IOWA
PLANE COORDINATE SYSTEM NORTH ZONE NAD83.
0 30 60 120
■d
2. LINEAR DIMENSIONS ARE IN U.S. SURVEY FEET AND GRAPHIC SCALE
DECIMALS THEREOF.
LEGAL DESCRIPTION - TEMPORARY 60' SANITARY SEWER EASEMENT
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 36 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY OF
FAIRFAX; THENCE N01°47'38"W, A DISTANCE OF 120.00 FEET FOR THE POINT OF BEGINNING; THENCE S88°04'12"W, A
DISTANCE OF 60.00 FEET; THENCE N01°47'38"W, A DISTANCE OF 50.40 FEET; THENCE N88°04'12"E, A DISTANCE OF 60.00
FEET; THENCE S01 °47'38"E, A DISTANCE OF 50.40 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 0.07 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
ERROR OF CLOSURE IS LESS THAN 1 FOOT IN 10,000 FEET
DRAWN BY: Esw
APPROVED BY: TEH
HBK ENGINEERING, LLC PROJ6:C"!' NUMRER: 15.0099
hbk 509 S. GILBERT ST.
IOWA CITY, IA 52240 DATE DRAWN: 02.09.2017
PHONE: (319) 338-7557 SCALE: Pr=60'
ENGINEERING TAX: (319) 358-2937
EASEMENT EXHIBIT
TEMPORARY 60' SANITARY SEWER EASEMENT
EXHIBIT F
CITY OF FAIRFAX, LINN COUNTY, IOWA
STANDARD LEGEND AND NOTES
Boundary or P,oOedy Line
Sedlon Lim
LolLlne.lntemal
Lm Ul Please o, by Deed
ExIs1lnB Contedino
ProPosedCentedine
ExISIIn0 R19alof-Way------—
— —
— —
P,omeedRl9htol-WaY--••--•.�...�
Reed,marE
p,
Sedlon Cornor, Fountl
Sedlon Comer. ReeelaNb—
Section Cornor. Recorded Location
Property corner. Found
•
Provody Comer. Sec 5I8' Rebar w'
O
Yelmw rlaaao cav rLs xsees
c.l
Rewrded Dimensions
(R)
. —d mm—m..
(1n)
1 OF 1
N
U)
� 1
lz
w-(
i1 E
N
W ~
O�
.1z'
U)(n
Lu
�l
NOTE:
0 30 60 120
1. BASIS OF BEARINGS IS GPS MEASUREMENTS IN THE IOWA ■�
PLANE COORDINATE SYSTEM NORTH ZONE NAD83.
2. LINEAR DIMENSIONS ARE IN U.S. SURVEY FEET AND GRAPHIC SCALE
DECIMALS THEREOF.
LEGAL DESCRIPTION - TEMPORARY1 20'X 1 00'TURNAROUND, ACCESS, SANITARY SEWER, WATER
MAIN AND STORM SEWER EASEMENT
A PORTION OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH,
RANGE 8 WEST OF THE FIFTH PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 75 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY OF
FAIRFAX; THENCE S88°12'51"W ALONG THE NORTH LINE OF SAID LOT 75, A DISTANCE OF 20.00 FEET FOR THE POINT
OF BEGINNING; THENCE N01°47'09"W, A DISTANCE OF 120.00 FEET; THENCE N88°12'51"E, A DISTANCE OF 100.00
FEET; THENCE S01°47'09"E, A DISTANCE OF 120.00 FEET TO THE NORTH LINE OF SAID HEARTLAND HEIGHTS FIRST
ADDITION; THENCE S88°12'51"W ALONG SAID NORTH, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 0.28 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
EASEMENT EXHIBIT
EXHIBIT G
TEMPORARY 120'X 100' TURNAROUND,
ACCESS, SANITARY SEWER, WATER MAIN,
AND STORM SEWER EASEMENT
CITY OF FAIRFAX, LINN COUNTY, IOWA
hbk
ENGINEERING
STANDARD LEGEND AND NOTES
Doopde,y o, Pmpany Lill
_hl Ilea -
Eoi❑oa. Planed or by Daed
xisting Cenledine
wdpoua eemedma
—
Ex 0sl RI9M1iro5Way
N88°12'51"E1 0.00'01
Proposed RlBI,bFWaY—...�_ryry.__...�
SencM1mah
a
Semon Comor, Found
Setllon Comet ReesadlsM1ed
seulon comet Reoomed Lotmho
IOWA CITY, IA 52240
Prop.q Corner. Frond
•
CD
TEMPORARY
o
FAX: (319) 358-2937
Recordetl Olmenslone
rnaa:urea Dlmeoeao:
120'X 100'
w
TURNAROUND,
ACCESS, SANITARY
w
w`=�'� o
SEWER, WATER MAIN,
o
AND STORM SEWER
o
,�=
EASEMENT
o
o
z
cn
POINT OF
BEGINNING
S 88°12'51" W 20.00'
S 88°12'51" W 100.00'
POINT OF
U1 f
COMMENCEMENT
I
4 w I
LOT 74
LOT 75
a.0 I cn
0 � ;: i
0.34 AC.
0.32 AC.
El
NOTE:
0 30 60 120
1. BASIS OF BEARINGS IS GPS MEASUREMENTS IN THE IOWA ■�
PLANE COORDINATE SYSTEM NORTH ZONE NAD83.
2. LINEAR DIMENSIONS ARE IN U.S. SURVEY FEET AND GRAPHIC SCALE
DECIMALS THEREOF.
LEGAL DESCRIPTION - TEMPORARY1 20'X 1 00'TURNAROUND, ACCESS, SANITARY SEWER, WATER
MAIN AND STORM SEWER EASEMENT
A PORTION OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH,
RANGE 8 WEST OF THE FIFTH PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 75 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY OF
FAIRFAX; THENCE S88°12'51"W ALONG THE NORTH LINE OF SAID LOT 75, A DISTANCE OF 20.00 FEET FOR THE POINT
OF BEGINNING; THENCE N01°47'09"W, A DISTANCE OF 120.00 FEET; THENCE N88°12'51"E, A DISTANCE OF 100.00
FEET; THENCE S01°47'09"E, A DISTANCE OF 120.00 FEET TO THE NORTH LINE OF SAID HEARTLAND HEIGHTS FIRST
ADDITION; THENCE S88°12'51"W ALONG SAID NORTH, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 0.28 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
EASEMENT EXHIBIT
EXHIBIT G
TEMPORARY 120'X 100' TURNAROUND,
ACCESS, SANITARY SEWER, WATER MAIN,
AND STORM SEWER EASEMENT
CITY OF FAIRFAX, LINN COUNTY, IOWA
hbk
ENGINEERING
STANDARD LEGEND AND NOTES
Doopde,y o, Pmpany Lill
_hl Ilea -
Eoi❑oa. Planed or by Daed
xisting Cenledine
wdpoua eemedma
—
Ex 0sl RI9M1iro5Way
Proposed RlBI,bFWaY—...�_ryry.__...�
SencM1mah
V
Semon Comor, Found
Setllon Comet ReesadlsM1ed
seulon comet Reoomed Lotmho
IOWA CITY, IA 52240
Prop.q Corner. Frond
•
P,o y Coma,, Se,: 51B'Rebarwi
Yellow Plastic Cap PLS *889
O
cm x•
FAX: (319) 358-2937
Recordetl Olmenslone
rnaa:urea Dlmeoeao:
(R)
(M)
ERROR OF CLOSURE IS LESS THAN 1 FOOT IN 10,000 FEET
DRAWN BY: H.sw
APPROVED BY: TRH
HBK ENGINEERING, LLC
509 S. GILBERT ST.
PROJF.Cf NUMBER: 15.0099
IOWA CITY, IA 52240
DATE DRAWN: 02.09.2017
PHONE: (319) 338-7557
FAX: (319) 358-2937
1 OF 1
N 88°12'51" E 100.00'
l N
G CD TEMPORARY o i�GYA
0'y o 0
"\ J,Ca,� 120' X 100' N
TURNAROUND, w
6, ACCESS, SANITARY o
o SEWER, WATER MAIN,
�t AND STORM SEWER
POINT OF c:"[
EASEMENT U
BEGINNING z
NORTI_I L(NF- PARCFL'A'
�LAr Or' suI W I--Y 2093
S 88'12'51 " W 20.00'
S 88°12'51" W 100.00'
�= POINT OF
T,
an I Li.1 IJJ ;
COMMENCEMENT
U..} t.IJ �� 7 �,
0 ry »_; LOT 66
' c� rn 'roro .
�3 its I LOT 67 n
n's�rs ua 0.34 AC.
a
n 0.34 AC.al
f
N R+
L
al
tf7 tff I ,
LOT 65
LOT 68 0.34 AC.
0.34 AC.
NOTE:
1. BASIS OF BEARINGS IS GPS MEASUREMENTS IN THE IOWA 0 30 60 120
PLANE COORDINATE SYSTEM NORTH ZONE NAD83.
2. LINEAR DIMENSIONS ARE IN U.S. SURVEY FEET AND GRAPHIC SCALE
DECIMALS THEREOF.
LEGAL DESCRIPTION - TEMPORARY120' X 100' TURNAROUND, ACCESS, SANITARY SEWER, WATER MAIN,
AND STORM SEWER EASEMENT STANDARD LEGEND AND NOTES
eo:,^da,yorvropenr a°e
Sectbn Llne
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH a. L.^a.l°lemal
Lm Ll a Pblt—lby Deed
PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Pro""'C
osed cemem^e
COMMENCING AT THE NORTHEAST CORNER OF LOT 67 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY OF Exislin9 Rl9M1lof-Way
Propose0 Rl9M1lolWay—...�__._...�
FAIRFAX; THENCE S88°12'51"W ALONG THE NORTH LINE OF SAID LOT 67, A DISTANCE OF 20.00 FEET FOR THE POINT
OF BEGINNING; THENCE 1\101°47'09"W, A DISTANCE OF 120.00 FEET; THENCE N88012'51"E, A DISTANCE OF 100.00 FEET;
seulo^corooc Reanawmea
THENCE S01°47'09"E, A DISTANCE OF 120.00 FEET TO THE NORTH LINE OF SAID HEARTLAND HEIGHTS FIRST ADDITION; senloa c°r°er. Rew,ded aalba
THENCE S88°12'51"W ALONG SAID NORTH LINE, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING. Properly--,Faoad •
Pr°pady Cornor, S°I: 5I6' ReOarwl O
SAID EASEMENT CONTAINS 0.28 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF Vel°w Plasllc Cap PLS A5669
cm •x•
RECORD. R w,dedDlme°aloaa R>
Measured Olmensl°ns (M)
ERROR OF CLOSURE IS LESS THAN 1 FOOT IN 10,000 FEET
DxAwNxY ESW
EASEMENT EXHIBIT
APPROVEDBY: TF,H
EXHIBIT H HBKES.GILB RTST.LC
509 S. GILBERT ST. rewscr NUMBER: 15.0099
TEMPORARY 120'X 100' TURNAROUND, IOWA CITY, IA 52240 DATE DRAWN: 02.09.2017
ACCESS, SANITARY SEWER, WATER MAIN, hbk PHONE: (319) 338-7557 SCALE: V=60'
AND STORM SEWER EASEMENT ENGINEERING FAX: (319) 358-2937
CITY OF FAIRFAX, LINN COUNTY, IOWA EEf. 1 OF 1
V
C
POINT OF
BEGINNING
N 88°12'51" E 100.00'
o
TEMPORARY.
b
a>
120'X 100'
o
Rendl—
TURNAROUND,
-
w
ACCESS, SANITARY
W
o
SEWER, WATER MAIN,
o
Wlu
AND STORM SEWER
LOT 59
i (7)
C)
EASEMENT
o
Z
U)
NOTE:
0 30 60 120
1. BASIS OF BEARINGS IS GPS MEASUREMENTS IN THE IOWA
PLANE COORDINATE SYSTEM NORTH ZONE NAD83.
2. LINEAR DIMENSIONS ARE IN U.S. SURVEY FEET AND GRAPHIC SCALE
DECIMALS THEREOF.
LEGAL DESCRIPTION - TEMPORARY120' X 100' TURNAROUND, ACCESS, SANITARY SEWER, WATER MAIN,
AND STORM SEWER EASEMENT
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 59 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY OF
FAIRFAX; THENCE S88°12'51"W ALONG THE NORTH LINE OF SAID LOT 59, A DISTANCE OF 20.00 FEET FOR THE POINT OF
BEGINNING; THENCE N01°47'09"W, A DISTANCE OF 120.00 FEET; THENCE N88°12'51"E, A DISTANCE OF 100.00 FEET,
THENCE S01°47'09"E, A DISTANCE OF 120.00 FEET TO THE NORTH LINE OF SAID HEARTLAND HEIGHTS FIRST ADDITION,
THENCE S88°12'51"W ALONG SAID NORTH LINE, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 0.28 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
EASEMENT EXHIBIT
EXHIBIT I
TEMPORARY 120'X 100' TURNAROUND,
ACCESS, SANITARY SEWER, WATER MAIN,
AND STORM SEWER EASEMENT
CITY OF FAIRFAX, LINN COUNTY, IOWA
STANDARD LEGEND AND NOTES
S 88°12'51" W 20.00')
a>
u
POINT OF
Rendl—
88°12'51" W 100.00'
COMMENCEMENT
LOT 58
W
2"5)
iJ)
IJ,1
Wlu
Pmpody Come,,Se:—Rab -
Y,11. Plasllc Cap PLS —9
LOT 59
i (7)
N
�)
N
(Y
0.34 AC. i
(R)
(")
1.
NOTE:
0 30 60 120
1. BASIS OF BEARINGS IS GPS MEASUREMENTS IN THE IOWA
PLANE COORDINATE SYSTEM NORTH ZONE NAD83.
2. LINEAR DIMENSIONS ARE IN U.S. SURVEY FEET AND GRAPHIC SCALE
DECIMALS THEREOF.
LEGAL DESCRIPTION - TEMPORARY120' X 100' TURNAROUND, ACCESS, SANITARY SEWER, WATER MAIN,
AND STORM SEWER EASEMENT
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 59 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY OF
FAIRFAX; THENCE S88°12'51"W ALONG THE NORTH LINE OF SAID LOT 59, A DISTANCE OF 20.00 FEET FOR THE POINT OF
BEGINNING; THENCE N01°47'09"W, A DISTANCE OF 120.00 FEET; THENCE N88°12'51"E, A DISTANCE OF 100.00 FEET,
THENCE S01°47'09"E, A DISTANCE OF 120.00 FEET TO THE NORTH LINE OF SAID HEARTLAND HEIGHTS FIRST ADDITION,
THENCE S88°12'51"W ALONG SAID NORTH LINE, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 0.28 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
EASEMENT EXHIBIT
EXHIBIT I
TEMPORARY 120'X 100' TURNAROUND,
ACCESS, SANITARY SEWER, WATER MAIN,
AND STORM SEWER EASEMENT
CITY OF FAIRFAX, LINN COUNTY, IOWA
STANDARD LEGEND AND NOTES
NOR] 1-1 I_INE PARCEL'A`
—7s
—"q
P,opo:ee cememae
[Nslln9 Rl9bbol�WaY—'----"—"'—
ProposetlR"—'-Y1ay—•••—••--•••—
PLA 10I- URVEY 2093
Rendl—
88°12'51" W 100.00'
Come,.F.-
LOT 58
W
Sedbn Como,. Rew:eed Localbn
tJ I
I 0.34 AC.
Pro .o Comer, Found
Wlu
Pmpody Come,,Se:—Rab -
Y,11. Plasllc Cap PLS —9
c'x•
I
aewrtletl Dlmenslons
1.1--dDlm—I—
(R)
(")
LOT 57
0.34 AC.
NOTE:
0 30 60 120
1. BASIS OF BEARINGS IS GPS MEASUREMENTS IN THE IOWA
PLANE COORDINATE SYSTEM NORTH ZONE NAD83.
2. LINEAR DIMENSIONS ARE IN U.S. SURVEY FEET AND GRAPHIC SCALE
DECIMALS THEREOF.
LEGAL DESCRIPTION - TEMPORARY120' X 100' TURNAROUND, ACCESS, SANITARY SEWER, WATER MAIN,
AND STORM SEWER EASEMENT
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 59 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY OF
FAIRFAX; THENCE S88°12'51"W ALONG THE NORTH LINE OF SAID LOT 59, A DISTANCE OF 20.00 FEET FOR THE POINT OF
BEGINNING; THENCE N01°47'09"W, A DISTANCE OF 120.00 FEET; THENCE N88°12'51"E, A DISTANCE OF 100.00 FEET,
THENCE S01°47'09"E, A DISTANCE OF 120.00 FEET TO THE NORTH LINE OF SAID HEARTLAND HEIGHTS FIRST ADDITION,
THENCE S88°12'51"W ALONG SAID NORTH LINE, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 0.28 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
EASEMENT EXHIBIT
EXHIBIT I
TEMPORARY 120'X 100' TURNAROUND,
ACCESS, SANITARY SEWER, WATER MAIN,
AND STORM SEWER EASEMENT
CITY OF FAIRFAX, LINN COUNTY, IOWA
STANDARD LEGEND AND NOTES
Boundary a, Pmpedy Line
SedloeUhl
LolLlno.lmemal
Lot Llne. Plauea o, by Deed
— — --
—"q
P,opo:ee cememae
[Nslln9 Rl9bbol�WaY—'----"—"'—
ProposetlR"—'-Y1ay—•••—••--•••—
—
Rendl—
Come,.F.-
Z0
SedbnCome,.Reedablisbed
Sedbn Como,. Rew:eed Localbn
0
Pro .o Comer, Found
•
Pmpody Come,,Se:—Rab -
Y,11. Plasllc Cap PLS —9
c'x•
aewrtletl Dlmenslons
1.1--dDlm—I—
(R)
(")
ERROR OF CLOSURE IS LESS THAN 1 FOOT IN 10,000 FEET
DRAWN EY: r5W
APPROVED BY: '1EH
HBK ENGINEERING, LLC 1'ROJI!C'I' NUMBER: 15.0099
hbk 509S .
09S. GILBERT ST.
IOWA CITY, IA 52240 DATE DRAWN: 02-09.2017
PHONE: (319) 338-7557 SCALE: V=60'
ENGINEERING FAX: (319) 358-2937
.cna:Er. O Fl
POINT OF
BEGINNING
N 88°12'51" E 100.00'
N
O W L
oTEMPORARY
C)
120' X 100'
TURNAROUND, w s
ACCESS, SANITARY p
P SEWER, WATER MAIN,
ti o
d AND STORM SEWER o
CD EASEMENT �
Z[
\�
1. BASIS OF BEARINGS IS GPS MEASUREMENTS IN THE IOWA
PLANE COORDINATE SYSTEM NORTH ZONE NAD83.
2. LINEAR DIMENSIONS ARE IN U.S. SURVEY FEET AND
DECIMALS THEREOF.
S 881
W
PLAT OF SUI -M -y a)"
12'51 " W 100.00'
LOT 52
°1 0.34 AC.
u�
u:
x
LOT 51
0.34 AC.
0 30 60 120
GRAPHIC SCALE
LEGAL DESCRIPTION - TEMPORARY120' X 100' TURNAROUND, ACCESS SANITARY SEWER WATER MAIN,
AND STORM SEWER EASEMENT
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 53 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY OF
FAIRFAX; THENCE S88°12'51"W ALONG THE NORTH LINE OF SAID LOT 53, A DISTANCE OF 20.00 FEET FOR THE POINT OF
BEGINNING; THENCE N01°47'09"W, A DISTANCE OF 120.00 FEET; THENCE N88°12'51"E, A DISTANCE OF 100.00 FEET;
THENCE S01°47'09"E, A DISTANCE OF 120.00 FEET; THENCE S88°12'51"W, A DISTANCE OF 100.00 FEET TO THE POINT OF
BEGINNING.
SAID EASEMENT CONTAINS 0.28 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
EASEMENT EXHIBIT
EXHIBIT J
TEMPORARY 120'X 100' TURNAROUND,
ACCESS, SANITARY SEWER, WATER MAIN,
AND STORM SEWER EASEMENT
CITY OF FAIRFAX, LINN COUNTY, IOWA
STANDARD LEGEND AND NOTES
oundary or Propcay Line
Senbn Llne
Lol Line.lnlemel
Lot Line. Pblred or 5y Deed
Exisrin9 Cenbalne
Proposed Cenrealne
Exlsting Rl9Mrol"Way
ProppsedF311—l-V1ay—••--•AA••—•••—
S 88°12'51" W 20.00'
Bonrl,ma,N
r
POINT OF J
I nl
u
COMMENCEMENT
secllan Carnor, 1e11d1d Lowrbn
Propa"y Cornoq Found
Q)
PropedV Corner, Ser: 519' fte5ar wl
O
-'
LOT 53 ;.0
S
L�
a
r
u)
0.34 AC.
1 fJ.l
I.J
\�
1. BASIS OF BEARINGS IS GPS MEASUREMENTS IN THE IOWA
PLANE COORDINATE SYSTEM NORTH ZONE NAD83.
2. LINEAR DIMENSIONS ARE IN U.S. SURVEY FEET AND
DECIMALS THEREOF.
S 881
W
PLAT OF SUI -M -y a)"
12'51 " W 100.00'
LOT 52
°1 0.34 AC.
u�
u:
x
LOT 51
0.34 AC.
0 30 60 120
GRAPHIC SCALE
LEGAL DESCRIPTION - TEMPORARY120' X 100' TURNAROUND, ACCESS SANITARY SEWER WATER MAIN,
AND STORM SEWER EASEMENT
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 53 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY OF
FAIRFAX; THENCE S88°12'51"W ALONG THE NORTH LINE OF SAID LOT 53, A DISTANCE OF 20.00 FEET FOR THE POINT OF
BEGINNING; THENCE N01°47'09"W, A DISTANCE OF 120.00 FEET; THENCE N88°12'51"E, A DISTANCE OF 100.00 FEET;
THENCE S01°47'09"E, A DISTANCE OF 120.00 FEET; THENCE S88°12'51"W, A DISTANCE OF 100.00 FEET TO THE POINT OF
BEGINNING.
SAID EASEMENT CONTAINS 0.28 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
EASEMENT EXHIBIT
EXHIBIT J
TEMPORARY 120'X 100' TURNAROUND,
ACCESS, SANITARY SEWER, WATER MAIN,
AND STORM SEWER EASEMENT
CITY OF FAIRFAX, LINN COUNTY, IOWA
STANDARD LEGEND AND NOTES
oundary or Propcay Line
Senbn Llne
Lol Line.lnlemel
Lot Line. Pblred or 5y Deed
Exisrin9 Cenbalne
Proposed Cenrealne
Exlsting Rl9Mrol"Way
ProppsedF311—l-V1ay—••--•AA••—•••—
—
Bonrl,ma,N
V
senb"comer. Pound
Semon Corner. R—WNI-d
secllan Carnor, 1e11d1d Lowrbn
Propa"y Cornoq Found
•
PropedV Corner, Ser: 519' fte5ar wl
O
Yellow Plasrlc Cap PLS 0-
cm-x-
Ram,detlDimenslons
lAeasuretl Dimensions
(R)
(M)
ERROR OF CLOSURE IS LESS THAN 1 FOOT IN 10,000 FEET
II -WN IIY: RSW
AITROV;D BV: TRH
HBK ENGINEERING, LLC PRO,IRCT N—IIF.R: 15.0099
hbk 509 S. GILBERT ST.
IOWA CITY, IA 52240 DATI: DRAWN: 02.09.2017
PHONE: (319) 338-7557 R: 111_60,
ENGINEERING PAX: (319) 358-2937
IIRRT, 1 OF 1
0
1z
POINT OF
BEGINNING
N 88°05'31" E 100.00'
ounaaryor ProOanY Llne
Sedbn Llne
Lol Llne.Imemal
L. t Line. Plarrea or Cy °eoa
ExlstlnO Cenlealne
Proposes Centerline
Exlsling RlghlopWay
P,oposeaRlgM1bl-Way—•••—•••—•••—
—
BenrAmark
0
I
TEMPORARY
i�u
` �`
120' X 100'
w
��c'
�>
TURNAROUND,
ACCESS, SANITARY
S 88°05'31" W 20.00'
O
SEWER, WATER MAIN,
S 88°04'12" W 20.00'
AND STORM SEWER
o
EASEMENT
U)
N
COMMENCEME T
N 01'47'09" W 4.80'
NOTE:
0 30 60 120
1. BASIS OF BEARINGS IS GPS MEASUREMENTS IN THE IOWA
PLANE COORDINATE SYSTEM NORTH ZONE NAD83.
2. LINEAR DIMENSIONS ARE IN U.S. SURVEY FEET AND GRAPHIC SCALE
DECIMALS THEREOF.
LEGAL DESCRIPTION - TEMPORARY1 20'X 100' TURNAROUND ACCESS SANITARY SEWER WATER MAIN
AND STORM SEWER EASEMENT
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 45 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY OF FAIRFAX;
THENCE S88°05'31"W ALONG THE NORTH LINE OF SAID LOT 45, A DISTANCE OF 20.00 FEET FOR THE POINT OF
BEGINNING; THENCE N01°47'09"W, A DISTANCE OF 120.00 FEET; THENCE N88°05'31"E, A DISTANCE OF 100.00 FEET;
THENCE S01°47'10"E, A DISTANCE OF 124.79 FEET TO THE NORTH LINE OF SAID HEARTLAND HEIGHTS; THENCE
S88°04'12"W ALONG SAID NORTH LINE, A DISTANCE OF 20.00 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF CARDINAL
DRIVE, THENCE N01°47'09"E ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 4.80 FEET; THENCE S88°0631"W, A
DISTANCE OF 80.00 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 0.28 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
STANDARD LEGEND AND NOTES
ounaaryor ProOanY Llne
Sedbn Llne
Lol Llne.Imemal
L. t Line. Plarrea or Cy °eoa
ExlstlnO Cenlealne
Proposes Centerline
Exlsling RlghlopWay
P,oposeaRlgM1bl-Way—•••—•••—•••—
—
BenrAmark
0
i,,IORTH LINE P,ARGL=L-'A'
IlAn. DRAN: 02.09.2017
SeHlon Cornor, Repstadlshetl
so-ar: 10 1
Bedlon Comer, Remraea Location
StjRV(_ Y 2093
•
S 88°05'31" W 20.00'
O
Yellow -ft Cap PLS 19889
S 88°04'12" W 20.00'
E
'
I
POINT c)
S 88°05'31" W 80.00'
N
COMMENCEME T
LOT 45
LOT 44
n
0.31 AC.
>' : 0.26 AC.
t
ur ----------------------
is
moi.
Q
LOT 46 I
LOT 43
1
0.31 AC.
0.26 AC.
NOTE:
0 30 60 120
1. BASIS OF BEARINGS IS GPS MEASUREMENTS IN THE IOWA
PLANE COORDINATE SYSTEM NORTH ZONE NAD83.
2. LINEAR DIMENSIONS ARE IN U.S. SURVEY FEET AND GRAPHIC SCALE
DECIMALS THEREOF.
LEGAL DESCRIPTION - TEMPORARY1 20'X 100' TURNAROUND ACCESS SANITARY SEWER WATER MAIN
AND STORM SEWER EASEMENT
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 45 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY OF FAIRFAX;
THENCE S88°05'31"W ALONG THE NORTH LINE OF SAID LOT 45, A DISTANCE OF 20.00 FEET FOR THE POINT OF
BEGINNING; THENCE N01°47'09"W, A DISTANCE OF 120.00 FEET; THENCE N88°05'31"E, A DISTANCE OF 100.00 FEET;
THENCE S01°47'10"E, A DISTANCE OF 124.79 FEET TO THE NORTH LINE OF SAID HEARTLAND HEIGHTS; THENCE
S88°04'12"W ALONG SAID NORTH LINE, A DISTANCE OF 20.00 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF CARDINAL
DRIVE, THENCE N01°47'09"E ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 4.80 FEET; THENCE S88°0631"W, A
DISTANCE OF 80.00 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 0.28 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
STANDARD LEGEND AND NOTES
ounaaryor ProOanY Llne
Sedbn Llne
Lol Llne.Imemal
L. t Line. Plarrea or Cy °eoa
ExlstlnO Cenlealne
Proposes Centerline
Exlsling RlghlopWay
P,oposeaRlgM1bl-Way—•••—•••—•••—
—
BenrAmark
0
Sedlop Corner. Foopa
IlAn. DRAN: 02.09.2017
SeHlon Cornor, Repstadlshetl
so-ar: 10 1
Bedlon Comer, Remraea Location
ProDeM Comer, Found
•
Prope"Y Comer.5e1:5R' Re wl
O
Yellow -ft Cap PLS 19889
°pl •x•
Remrdea Olmenslons
lnaaaama°�meeabaa
(R)
( )
ERROR OF CLOSURE IS LESS THAN 1 FOOT IN 10,000 FEET
EASEMENT EXHIBIT
EXHIBIT K
TEMPORARY 120'X 100' TURNAROUND,
ACCESS, SANITARY SEWER, WATER MAIN,
AND STORM SEWER EASEMENT
CITY OF FAIRFAX, LINN COUNTY, IOWA
HBK ENGINEERING, LLC
509 S. GILBERT ST.
IOWA CITY, IA 52240
hbk PHONE: (319) 338-7557
ENGINEERING FAX: (319) 358-2937
DRAWN II Y:rsw
AP,.R°vEIM TrH
PROJEC, NUM, RR: 15•0099
IlAn. DRAN: 02.09.2017
111=60'
so-ar: 10 1
N
W)—E
S
LOT 27
N 88°04'12" E 100.00' 0.29 AC.
I lb
<; FMP
RY o
{ y ` N0'
ND, w
ITARY -oo
R MAIN, LOT 28
SEWER 0.24 AC.
oNT n
(n u.I
POINT OF z °)
BEGINNINGS
nlnR-rl a I_II�+- r>nhcrl_ ,�,
1> N
LOT 38
0.26 AC.
NOTE:
1. BASIS OF BEARINGS IS GPS MEASUREMENTS IN THE IOWA
PLANE COORDINATE SYSTEM NORTH ZONE NAD83.
2. LINEAR DIMENSIONS ARE IN U.S. SURVEY FEET AND
DECIMALS THEREOF.
111—A f (fit.. 6UI{v1- Y �u"'
S 88°04'12" W 20.00'- ,
u ;
r.
ProppsetlRl9M1bl-Vley —•-•
BeneM1maM1
•�n-y- •••—
V
N
N
Co
POINT OF
season comet aeoomad Locafbp
Q
COMMENCEMENT
r
Ili
Ri
LOT 37
I S
Reoa,tled Dfmpnslpns
(R)
0.26 AC.
r
4?
c)
65
�)
1> N
LOT 38
0.26 AC.
NOTE:
1. BASIS OF BEARINGS IS GPS MEASUREMENTS IN THE IOWA
PLANE COORDINATE SYSTEM NORTH ZONE NAD83.
2. LINEAR DIMENSIONS ARE IN U.S. SURVEY FEET AND
DECIMALS THEREOF.
0 30 60 120
■d
GRAPHIC SCALE
LEGAL DESCRIPTION - TEMPORARY1 20'X 1 00'TURNAROUND, ACCESS, SANITARY SEWER, WATER MAIN,
AND STORM SEWER EASEMENT
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 .NORTH, RANGE 8 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 37 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY OF
FAIRFAX; THENCE S88°04'12"W ALONG THE NORTH LINE OF SAID LOT 37, A DISTANCE OF 20.00 FEET FOR THE POINT
OF BEGINNING; THENCE N01°47'38"W, A DISTANCE OF 120.00 FEET; THENCE N88°04'12"E, A DISTANCE OF 100.00 FEET;
THENCE S01°47'38"E, A DISTANCE OF 120.00 FEET TO THE NORTH LINE OF SAID HEARTLAND HEIGHTS FIRST ADDITION;
THENCE S88°04'12"W ALONG SAID NORTH LINE, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 0.28 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
EASEMENT EXHIBIT
EXHIBIT L
TEMPORARY 120'X 100' TURNAROUND, hbk
ACCESS, SANITARY SEWER, WATER MAIN,
AND STORM SEWER EASEMENT ENGINEERING
CITY OF FAIRFAX, LINN COUNTY, IOWA
STANDARD LEGEND AND NOTES
111—A f (fit.. 6UI{v1- Y �u"'
DATE DRAWN: 02.09.2017
u ;
—
—
ProppsetlRl9M1bl-Vley —•-•
BeneM1maM1
•�n-y- •••—
V
S-.. comae F—d
saalpo comae aaonaalsned
season comet aeoomad Locafbp
Q
S88°04'12"
W 100.00'
Pr ny Comer, Sel: I.- R-rw�
Yellow Pfasdc Cap PLS %9889
O
Cut'X'
6
Reoa,tled Dfmpnslpns
(R)
Measured Dlmensbns
(M)
65
�)
!
LOT 29
�-
LOT 36
"'
0.26 AC.
y
i 'id
:
n' '
0.26 AC.
ur
d
a>
.
'2
03
-
LOT 31
LOT 35
0.26 Ac
0.26 AC.
0 30 60 120
■d
GRAPHIC SCALE
LEGAL DESCRIPTION - TEMPORARY1 20'X 1 00'TURNAROUND, ACCESS, SANITARY SEWER, WATER MAIN,
AND STORM SEWER EASEMENT
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 .NORTH, RANGE 8 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 37 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY OF
FAIRFAX; THENCE S88°04'12"W ALONG THE NORTH LINE OF SAID LOT 37, A DISTANCE OF 20.00 FEET FOR THE POINT
OF BEGINNING; THENCE N01°47'38"W, A DISTANCE OF 120.00 FEET; THENCE N88°04'12"E, A DISTANCE OF 100.00 FEET;
THENCE S01°47'38"E, A DISTANCE OF 120.00 FEET TO THE NORTH LINE OF SAID HEARTLAND HEIGHTS FIRST ADDITION;
THENCE S88°04'12"W ALONG SAID NORTH LINE, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 0.28 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
EASEMENT EXHIBIT
EXHIBIT L
TEMPORARY 120'X 100' TURNAROUND, hbk
ACCESS, SANITARY SEWER, WATER MAIN,
AND STORM SEWER EASEMENT ENGINEERING
CITY OF FAIRFAX, LINN COUNTY, IOWA
STANDARD LEGEND AND NOTES
dountlaryorPropeny lino
Seabn Llna
Lpl Llna,imemal
Lm upa. Planeaproyoeed
DATE DRAWN: 02.09.2017
Exfsdn9CampAlnp
Proposed Cenledine
F.xfslin9 Rl9M1to1-Way-----------
—
—
ProppsetlRl9M1bl-Vley —•-•
BeneM1maM1
•�n-y- •••—
V
S-.. comae F—d
saalpo comae aaonaalsned
season comet aeoomad Locafbp
Q
Proponr comer. Poopd
•
Pr ny Comer, Sel: I.- R-rw�
Yellow Pfasdc Cap PLS %9889
O
Cut'X'
6
Reoa,tled Dfmpnslpns
(R)
Measured Dlmensbns
(M)
ERROR OF CLOSURE IS LESS THAN 1 FOOT IN 10,000 FEET
DRAWNDY: ESW
APPROVED BY: TRH
HBK ENGINEERING, LLC
509 S. GILBERT ST.
Puo ECT NunmfaR: 15.0099
DATE DRAWN: 02.09.2017
IOWA CITY, IA 52240
PHONE: (319) 338-7557
PAX: (319) 358-2937
scAEs: 1"=60'
E:), 1 OF 1
s
s0
I'v °J Qo
o
Nso sr ys" Q)
�s3s""w
R°C
°eo s'�
\ s0,l�Fc'� T
\F
POINT OF
BEGINNING
S 22°48'21" W 10.06'
eopaaa�y or Progeny uae
sealoo uoe
olllno.Intemal
Lol Llne. Pla;tetl or by Oeae
Exisllag Cenlenine
PrpposetlCenle,line
—
Exlslln9 R19btoIWaY------"—"'—
Proposed ftl l-Way—•••—•••—••--
saoa,mark
A
seabo comet Eopoe
Seabn Comer, aeestaUlsnpe
LOT 25
Seabn Comer. Remreee Loca:be
0.37 AC.
i
o
4
LOT 26
r
0.43 AC.
I
NOTE:
0 30 60 120
1. BASIS OF BEARINGS IS GPS MEASUREMENTS IN THE IOWA
PLANE COORDINATE SYSTEM NORTH ZONE NAD83.
2. LINEAR DIMENSIONS ARE IN U.S. SURVEY FEET AND GRAPHIC SCALE
DECIMALS THEREOF.
LEGAL DESCRIPTION - TEMPORARY PUBLIC INFRASTRUCTURE EASEMENT
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:,
BEGINNING AT THE NORTHWEST CORNER OF LOT 25 HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY OF FAIRFAX;
THENCE S22°48'21"W ALONG THE WEST LINE OF SAID LOT 25, A DISTANCE OF 10.06 FEET; THENCE N60°45'36"W, A
DISTANCE OF 51.13 FEET; THENCE N29°14'24"E, A DISTANCE OF 90.00 FEET; THENCE S60°45'36"E, A DISTANCE OF 50.00
FEET; THENCE S29°14'24"W , A DISTANCE OF 80.00 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 0.10 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
STANDARD LEGEND AND NOTES
eopaaa�y or Progeny uae
sealoo uoe
olllno.Intemal
Lol Llne. Pla;tetl or by Oeae
Exisllag Cenlenine
PrpposetlCenle,line
—
Exlslln9 R19btoIWaY------"—"'—
Proposed ftl l-Way—•••—•••—••--
saoa,mark
A
seabo comet Eopoe
Seabn Comer, aeestaUlsnpe
Seabn Comer. Remreee Loca:be
Proppry comer. Foune
•
Property Comer, SabRebarwl
Vellow Plasllc Cap PLSS A9889
O
al x
Roeoraoa Dlmooelopa
(R)
ueaaproe lnmaoatopa
(u)
ERROR OF CLOSURE IS LESS THAN 1 FOOT IN 10,000 FEET I
EASEMENT EXHIBIT DRAarravPD .OVED TRH BY: TRH
HBK ENGINEERING, LLC PRL„FT� NUMBER: 15.0099
509 S. GILBERT ST.
TEMPORARY PUBLIC IOWA CITY, IA 52240 DAT. DRAWN: 02.09.2017
INFRASTRUCTURE EASEMENT hbk PHONE: (319) 338-7557 SCAN, 1„
EXHIBIT M ENGINEERING FAX: (319) 358-2937
CITY OF FAIRFAX, LINN COUNTY, IOWA 11 OF 1
\ lei
S \ S'
2l��L<!�` I ('
S l ..terO !).
!I/011e
O OOH )(lil t/
�coo oFoe '9S
TEMPORARY P NATE STORM
SEWER AND STORM WATER N
DRAINAGI= '=ASEMENT
o S 50°18'45"�E 20.00' Whbk E
N 60°45'36" W 20.34
POINT OF BEGINNIN
r sur..
��I Nit
LOT 25
0.37 AC. i
i
i
S
o
2r
°��.l
"W4258'
N 60 45 36
I
�� POINT OF COMM-NCEMENT LOT 1
2.45 AC.
l
,mow �w O�� �
/ LOT 24
/ 0.27 AC.
NOTE:
1. BASIS OF BEARINGS IS GPS MEASUREMENTS IN THE IOWA
PLANE COORDINATE SYSTEM NORTH ZONE NAD83.
2. LINEAR DIMENSIONS ARE IN U.S. SURVEY FEET AND
DECIMALS THEREOF.
3. THIS STORM SEWER SHALL BE PRIVATELY OWNED AND MAINTAINED
BY THE PROPERTY OWNER OR PROPERTY DEVELOPER
0 30 60 120
GRAPHIC SCALE
LEGAL DESCRIPTION - TEMPORARY STORM SEWER AND STORM WATER DRAINAGE EASEMENT
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 1 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY OF
FAIRFAX; THENCE N60°45'36"W ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF BEVERLY ROAD, A DISTANCE OF 42.58
FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING N60°45'36"W ALONG SAID RIGHT-OF-WAY, A DISTANCE OF
20.34 FEET; THENCE N39'41'1 5"E, A DISTANCE OF 70.06 FEET; THENCE S50'1 8'45"E, A DISTANCE OF 20.00 FEET, THENCE
S39°41'15"W, A DISTANCE OF 66.38 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 1364 SQ. FT. MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
STANDARD LEGEND AND NOTES
Boundary orProDedy Lina
SMbn llno
LotLlna.lntemel
— — —
of Llne, Plaited or by Deed
Exl"z Cenledine
—
ProposedCentedine
Rl9hbol
Bxlslln9 y --
ProposetlRl9htal-lvey—•-•—.AA..—...�
---- --- —
BenclrmaN
V
Sedlon Cornor, Found
Sedlon Comer, ReesaGlshed
A
Sedlon Comer. Recorded Locatloe
P,o yComer, F—d
•
Properly Corner, Sec—Rebar wl
O
Vellow Plasllc Cap PLS -89
-
Cut'X'
Rowrdad --l—
lm—l—Measurod°I —l—
M— d —
(M)
ERROR OF CLOSURE IS LESS THAN 1 FOOT IN 10,000 FEET
EASEMENT EXHIBIT DRAWN
APPROED ESW
rr"ovu nr. TPH
EXHIBIT N IIBK ENGINEERING, LLC
509 S. GILBERT ST. "O"" NUMBER: 15-0099
TEMPORARY PRIVATE STORM SEWER IOWA CITY, IA 52240 DATE DRAWN: 02-09.2017
AND STORM WATER DRAINAGE hbk PHONE: (319) 338-7557 SCALF;: 1.1=60'
EASEMENT ENGINEERING FAX: (319) 358-2937
1 OF 1
CITY OF FAIRFAX, LINN COUNTY, IOWA
UTILITY EASEMENT AGREEMENT
This instrument is made this day of Ingre, 2017, by Gordon C. Sevig
and Shirley A Sevig, husband and wife, GRANTORS, who are the owners in fee simple of the
property described in the attached Exhibit A and do hereby grant to the City of Fairfax, Iowa a
utility easement over said property.
WHEREAS, the GRANTORS wish to allow the installation, maintenance, repair and
replacement of private franchise utilities to serve the property in Heartland Heights First addition
in the CityofFairfax, Linn County, Iowa;
THEREFORE, the GRANTORS hereby dedicate to the public and the City of Fairfax,
Iowa, a perpetual and continual Utility Easement for installation of and maintenance of private
franchise utilities on the property described in Exhibit A
The GRANTORS further stipulate that there are no buildings, obstructions, or other
improvements upon or under the property covered by this Easement which would interfere with
the use of the said easement that will be constructed or placed within said Easement.
The Easement and rights herein described shall be binding upon the GRANTORS, their
heirs and assigns.
Gordon C. Sevig, Grantor
hirley v i gi, Grant
—
STATE OF IOWA
ss:
COUNTY OF LINN
This instrument was acknowledged before me on the day of
by
Gordon C. Sevig and Shirley A. Sevig, husband and wife, Grantors.
WWIIDT 0 Pit
LE m. SCHIVIII
JANEI
Commission Number 183709
M,1gs"gi �nEtxV,,S Notar?Eliic in and for the State of Iowa
'Us
ow
N \
W-(hbk E
s
N 29014'24" E 10.00'
POINT OF BEGINNING
LOT 25
0.37 AC.
NOTE:
1. BASIS OF BEARINGS IS GPS MEASUREMENTS IN THE IOWA
PLANE COORDINATE SYSTEM NORTH ZONE NAD83.
2. LINEAR DIMENSIONS ARE IN U.S. SURVEY FEET AND
DECIMALS THEREOF.
LEGAL DESCRIPTION - 10' UTILITY EASEMENT
J
Y YUY
\ LOT 1
\ \
2.45 AC.
/8 29°49'57" W 1'®,00'
00 �r�L y
A)o
LOT 24
0.27 AC.
0 30 60 120
GRAPHIC SCALE
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 1 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY OF FAIRFAX;
THENCE N60°45'36"W ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF BEVERLY ROAD, A DISTANCE OF 203.30 FEET;
THENCE N29°14'24"E, A DISTANCE OF 10.00 FEET; THENCE S60°45'36"E, A DISTANCE OF 203.40 FEET TO THE WEST LINE
OF SAID LOT 1; THENCE S29°49'57"W ALONG SAID WEST LINE, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 2034 SQ. FT. MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
EASEMENT EXHIBIT
10' UTILITY EASEMENT hbk
EXHIBIT A ENGINEERING
CITY OF FAIRFAX, LINN COUNTY, IOWA
STANDARD LEGEND AND NOTES
Bountlary or Properly Line
season une
LolLlpo,lpleroal
-
Lol Uno, Planed or by Dela
EKisling Cenletllnn
Prppose0 Cenle,line
Exl"z Rlgh'r Way —
----------
Pl dRlghl -Wey �...�...�...�
p
Een�nma�
p,
Sedbn cornet Foam
seams torpor, aaosaalsnea
season torose aemmetl Laauop
�
Propem comet F—d
•
Properly Corner, sel: — Rlb—f
V Aloes Plasllo cap PLS —9
carx-
Rew,OetlDlmen I—
(R)
Mea:nrm Dlmenalone
(M)
ERROR OF CLOSURE IS LESS THAN 1 FOOT IN 10,000 FEET
HBK ENGINEERING, LLC
509 S. GILBERT ST.
IOWA CITY, IA 52240
PHONE: (319) 338-7557
PAX: (319) 358-2937
DRAWN BY: Esw
APPROVED BY: TrH
1'ROJECI' NUMBER: I 15.0099
DATF, BRAWN: 02.09.2017
I SCALE.: 1 1"=60' 1
1 OF 1
SANITARY SEWER EASEMENT AGREEMENT
This instrument is made this- J?� day of MLY 64 2017, by Gordon C. Sevig
and Shirley A Sevig, husband and wife, GRANTORS, who are the owners in fee simple of the
property described in the attached Exhibit A and do hereby grant to the City of Fairfax, Iowa a
Sanitary Sewer Easement on, in and/or under said property so described.
WHEREAS, sanitary sewer facilities have been constructed upon and under the property
described in Exhibit A: and
WHEREAS, the GRANTORS wish to allow the installation, maintenance, repair and
replacement of sanitary sewer facility on the property described in Exhibit A to serve the
property in Heartland Heights First Addition in the City of Fairfax, Linn County, Iowa and such
other platted areas within the City of Fairfax; and
WHEREAS, THE Grantors do hereby grant to the city of Fairfax, Iowa, a perpetual and
continual easement for the purpose of constructing, reconstructing, and maintaining said
sanitary sewer facilities upon the property described in Exhibit A for consideration of $1.00 and
other valuable consideration duly paid and acknowledged.
THEREFORE, for the above consideration the GRANTORS hereby grant to the City of
Fairfax, Iowa, a perpetual and continual Sanitary Sewer Easement for purpose of constructing,
installing reconstructing and maintaining a sanitary sewer facility to be placed on, in and/or
Linder the property described in Exhibit A
The GRANTORS further agrees that no buildings, obstructions, or other improvements
will be placed or erected upon or under the property described in Exhibit A which would interfere
with the use of the said sanitary sewer easement, without first obtaining written permission form
the City of Fairfax, Iowa.
The Easement and rights herein described shall be binding upon the GRANTORS, their
heirs' successors and assigns and the sale by the Grantors of all or any part of the property
described above or adjacent thereto, shall transfer the obligations of the Grantors to the
successor interest...
Go on C. Sevig, Grantor
X
-6 a�tor
qSi r I�e;y� K �'�,e v i g,
STATE OF IOWA
) ss:
COUNTY OF LINN
This instrument was acknowledged before me on the q4K day of OJ��617,by
Gordon C. Sevig and Shirley A. Sevig, husband and wife.
JANELLE M. SCHMIDT
CommWon Number 183709 Nota a Public in and far the State of lava
MY== res , I
1
SOUTH LINE OF LOT 1,
N 87°42'22" E 20.00' WINIFRED'S FIRST ADDITION��x 4
61 C C.)�f '`ilJ�)i�..
4?/
W-(
hbkF
0
o C�
5 M
co
S
,n�Q >. 3:W A.. ) '.)
G �`l
\ L Q
M
\ w
�� p 1lC
o Fo -1I
LLI
"""'co
\TYRE O v WEST LINE OF LOT 2,
�
�f WINIFRED'S FIRST ADDITION
00INV
69
-410
;.
.�
NORTHERLY RIGHT-OF-WAY WEST LINE OF L61 1
LINE OF BEVERLY ROAD HEARTLAND HEIGHTS,FIRST ADDITION LOT 1
ro N 60°45'36" W 15.00' 2.45 AC.
POINT OF BEGINNING
IS
14��Nr.
NOTE:
1. BASIS OF BEARINGS IS GPS MEASUREMENTS IN THE IOWA 0 30 60 120
PLANE COORDINATE SYSTEM NORTH ZONE NAD83.
2. LINEAR DIMENSIONS ARE IN U.S. SURVEY FEET AND m =:::�
DECIMALS THEREOF. GRAPHIC SCALE
LEGAL DESCRIPTION - SANITARY SEWER EASEMENT
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH PRINCIPAL
MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 1 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY OF FAIRFAX;
THENCE N60°45'36"W ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF BEVERLY ROAD, A DISTANCE OF 15.00 FEET;
THENCE N29°49'57"E, A DISTANCE OF 151.25 FEET; THENCE NO2'30'49"W, A DISTANCE OF 168.60 FEET TO THE SOUTH LINE
OF LOT 1 OF WINIFRED'S FIRST ADDITION TO LINN COUNTY AS RECORDED IN BOOK 3459 PAGE 421 OF THE RECORDER'S
OFFICE OF LINN COUNTY; THENCE N87°42'22"E ALONG SAID SOUTH LINE, A DISTANCE OF 20.00 FEET TO THE NORTHWEST
CORNER OF LOT 2 OF SAID WINIFRED'S FIRST ADDITION; THENCE S02°30'49"E ALONG THE WEST LINE OF SAID LOT 2, A
DISTANCE OF 164.98 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE S29'49'57"W ALONG THE WEST LINE OF
SAID LOT 1 OF HEARTLAND HEIGHTS FIRST ADDITION, A DISTANCE OF 164.79 FEET AND THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS .010 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
STANDARD LEGEND AND NOTES
-I-
eo��tlery m Progeny Lmo
Sealon Ltno
LotLlne,lnternal
m u�o, Plevea of by ueea
Exis!Io9 ContoAlno
Proposetl Centerline
Exls11n9 Rl9M1tut-Woy --
PraposetlRipllbt-Wey------••—•••—
—
—
—-------
8—a Corner, Found
Seaton corooc neesroalmea
SedVin Cotner, RecoNM Loralbn
Q
P,yC.—, F—d
•
Prope"y Corner, Sol: 5I9' Reb—
O
Yellow Plastic Cap PLS -89
Cet•><-
R—d,d of—l—
Measeratl -
(R)
RECORD. ERROR OF CLOSURE IS LESS THAN 1 FOOT IN 10,000 FEET
EASEMENT EXHIBIT D"PROVED TrH
Arr"ov"t�nv: TCI{
HBK ENGINEERING, LLC
509 S. GILBERT ST. HOJ `' NUMBER: 15•0099
SANITARY SEWER EASEMENT IOWA CITY, IA 52240 DA- DRAWN: 02.09.2017
EXHIBIT A PHONE: (319) 338-7557 "cALe: 1"=60'
ENGINEERING FAX: (319) 358-2937
CITY OF FAIRFAX, LINN COUNTY, IOWA 1 O F 1
Shared Access Easement
CLIMES NOW, Gordon C. Sevig and Shirley A. Sevig, husband and wife, (Grantors) and grant to Iowa Lot
Development, LLC, (Grantee) the following described permanent easements for the purpose of
providing the parties and the public a shared access for ingress and egress over and upon the following
property located in Fairfax, Linn County, Iowa;
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH PRINCIPAL MERIDIAN, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 1 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY OF FAIRFAX; THENCE N60°45'86"W
ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF BEVERLY ROAD, A DISTANCE- OF 20.OD FEET; THENCE N29°49'57"E, A DISTANCE OF 68.86 FEET
TO THE SOUTH LINE OF A 50 FOOT WIDE GAS EASEMENT AS RECORDED IN BOOK 2144, PAGE 77, OF THE RECORDS OF LINN COUNTY, IOWA;
THENCE S54°54'06"E ALONG SAID SOUTH LINE, A DISTANCE OF 20.08 FEET TO SAID W5T LINE OF SAID LOT 1; THENCE S29°49'57"W ALONG SAID
WEST LINE, A DISTANCE OF 66.81 FEET TO THE POINT OF BEGINNING,
SAID EASEMENT CONTAINS 1357 SQ, FT. MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. (See Exhibit B)
The Grantees of these easements shall have the right to construct, reconstruct, maintain, repair, and
remove roads or other access on the surface of the ground as may be necessary for the purposes of
this easernent grant. The Grantees and the public shall have the right of ingress and egress for the
purposes stated above. Grantors, their successors in interest and assigns, reserve the right to use said
easement area for any purpose which will not interfere with the Grantees full enjoyment rights hereby
granted. No permanent structures, trees, bushes or other plantings shall be located on the area so
designated for these easements which would interfer with ingress or egress over the area without first
obtaining written authorization from the Grantee.
Dated this day of Jmt1.................... ....... _....
_...__....-- 2017.
Gordon C. Sevig
Shirley A. Sevig
STATE OF IOWA
)ss
COUNTY OF LINN
Subscribed and sworn to before me by Gordon C. Sevig and Shirley A. Sevig, husband and wife,
thisq4% day of _ ,rah 2017.
JANE E M. SCHMIDT
Commission Number 183749 c
My Co ion -e=xpires
o m �!'
Notary ublic -- State of Iowa
0
NOTE:
\ �co7 oFoe -9S, \
\ \A-. \
SOUTH LINEUF GAS EASEMENT
S 54°54'06" E 20.08'
NORTHERLY RIGHT-OF-WAY
LINE OF BEVERLY ROAD
N 60°45'36" W 20.00'
Al POINT OF BEGINNING
LOT 25
0.37 AC. �O (� ,
�
1. BASIS OF BEARINGS IS GPS MEASUREMENTS IN THE IOWA
PLANE COORDINATE SYSTEM NORTH ZONE NAD83.
2. LINEAR DIMENSIONS ARE IN U.S. SURVEY FEET AND
DECIMALS THEREOF.
LEGAL DESCRIPTION - SHARED ACCESS EASEMENT
WEST LINE OF LOT 1
HEARTLAND HEIGHTS FIRST ADDITION
LOT 1
o
c - \ 2.45 AC.
lye
0 30 60 120
GRAPHIC SCALE
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH PRINCIPAL
MERIDIAN. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 1 OF HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY OF FAIRFAX;
THENCE N60°45'36"W ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF BEVERLY ROAD, A DISTANCE OF 20.00 FEET;
THENCE N29°49'57"E, A DISTANCE OF 68.86 FEET TO THE SOUTH LINE OF A 50 FOOT WIDE GAS EASEMENT AS RECORDED
IN BOOK 2144, PAGE 77, OF THE RECORDS OF LINN COUNTY, IOWA; THENCE S54°54'06"E ALONG SAID SOUTH LINE, A
DISTANCE OF 20.08 FEET TO SAID WEST LINE OF SAID LOT 1; THENCE S29o49'57'rW ALONG SAID WEST LINE, A DISTANCE
OF 66.81 FEET TO THE POINT OF BEGINNING.
STANDARD LEGEND AND NOTES
Boundary or Properly Lino
Sedlon Ll -
naLotLlne.lhtemal
Lot Ll- It-1
Lol Llne. Plaited or by Deed
Exlsling Centedlno
ProDosetl Cente,lino
Exlslln9 Rl9M1tol-Way-------
ProposedRlghtol y—•••—••-�-••—
B,,&.,k
sedlon Comet Found
seatorl comae Ra--lhatl
Seabn comae Re. -d La 111
Propony Comer. Fowl
Property Corner. Set: 5l8'Rebarwl
. Yellow Plasllc Cap PLS *W
Cul'X'
Recorded Dlmen I—
(R)
ldeasn,ed olmenslone
(M)
SAID EASEMENT CONTAINS 1357 SQ. FT. MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF P
RECORD. ERROR OF CLOSURE IS LESS THAN 1 FOOT IN 10,000 FEET
EASEMENT EXHIBIT
SHARED ACCESS EASEMENT
EXHIBIT B
CITY OF FAIRFAX, LINN COUNTY, IOWA
hbk
ENGINEERING
HBK ENGINEERING, LLC
509 S. GILBERT ST.
IOWA CITY, IA 52240
PHONE: (319) 338-7557
FAX: (319) 358-2937
DRAWN BY: rsw
APPROVED BY: TCH
IPROJECT NUMBER: I 15.0099
DALE DRAWN: 02.09.2017
SCALE: I V=60'
1 OF 1
FINAL PLAT
HEARTLAND HEIGHTS FIRST ADDITION
IN THE CITY OF FAIRFAX, LINN
COUNTY, IOWA
ALL OF PARCEL W OF PLAT OF SURVEY 2093 AS RECORDED IN PLAT BOOK 9668, PAGE 634 IN THE RECORDS
OF LINN COUNTY RECORDER'S OFFICE, LYING IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION
4 I TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH PRINCIPAL MERIDIAN, FAIRFAX, IOWA;
AND A PORTION OF PARCEL W OF PLAT OF SURVEY 2094 AS RECORDED IN PLAT BOOK 9668, PAGE 635 IN THE
RECORDS OF LINN COUNTY RECORDER'S OFFICE LYING IN THE SOUTH HALF OF THE SOUTHWEST QUARTER
OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE FIFTH PRINCIPAL MERIDIAN, FAIRFAX, IOWA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL W. ALSO BEING THE SOUTH QUARTER CORNER OF
SAID SECTION 4; THENCE S88°10'21"W ALONG THE SOUTH LINE OF SAID PARCEL'N, A DISTANCE OF 184.65
FEET; THENCE N07°09'57"E A DISTANCE OF 260,75 FEET TO A POINT OF CURVATURE; THENCEES
W TERLY
ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 170.00 FEET AND A CHORD BEARING OF N72°02'59"W, AN
ARC LENGTH 32,81 FEET' THENCE N00°03'37"W CE °2 A DISTANCE OF 190 74 FEET' THE 0
N NS 553 W,A DISTANCE
OF 103.70 FEET; THENCE NOB°37'34"W, A DISTANCE OF 102.81 FEET TO A POINT ON THE NORTH LINE OF SAID
PARCEL W; THENCE N88°12'51"E ALONG SAID NORTH LINE, A DISTANCE OF 190.21 FEET TO THE NORTHEAST
CORNER OF SAID PARCEL W; THENCE S02°03'43'E ALONG THE EAST LINE OF SAID PARCEL'A', A DISTANCE OF
664,25 FEET TO THE POINT OF BEGINNING.
SAID TRACTS OF LAND CONTAIN 49 24 ACRES MORE OR LESS AND IS SUBJECT TO EASEMENTS AND
' RESTRICTIONS OF RECORD.
1
vt
w
N
�Q
WIC LL ;<
�p O
4.
o � NI- LIT
LLJ
wi°IT Lu
"E i 36.90'
31 "E 205.00' ...
I 60.00}
I
I
I�
Im
I I
I
AD, LOCATED ALONG THE I
W
f 1 SHALL BE ALLOWED, I
Q„
al
O1
LOT 39
DIRECT ACCESS TO BOTH
I
I
NO DIRECT ACCESS TO 1
!
.CT ACCESS TO BEVERLY
t 1m
m
724 3D
1.75'
NO MAINTAINED BY THE
SEVIG, GORDON C;, &
SHIRI EY A,
°47'09"E 4.80'
N88°04'12"E
125.31' 12 123.69'
I� I
LOT 44 1 °' I LOT 37
0.26 AC. Z m 0.26 AC.
I I
LOT43
0.26 AC.
LOT 38
0.26 AC.
V
\
260°.
�I
I
°
LOT 42
al
O1
LOT 39
0.26 AC.
N
N 0.26 AC.
N88°04'12"EN88'04.12'E
I
I
124.74'
724 3D
1.75'
246.49'
IN Private Storm Water
0 t
°3
1^ Drainage&Pubic
LOT 41
1 ^'
Slo m Sewer E.S.0 l
m I/ �OT 40
028 AC
I Z
7 028 AC
5.00,
Storm S weer6E5asement
6
N88°04'12"E
1.5.00'
of
�i -- --
124.53
124.92' 1
6.62` 124.52'
S88° 09' 24"W 249.05
V
\
260°.
A
\ \
\
\
y°/ `
P7INIFREO'S FIRST ADDITION TO L.INN COUNTY
Llc POC:: �1.==.,?P•'v::; i:. 4;'1
N87°38'09"E 370.57'
360.57'
15'X, 45 Utility Easement -� I
SOUTH LINE OF LOT 10.00'
WINIFRED'SFIRSiT ADDITION
TO LINN COUNTY, IOWA I I
o qs
\o i
LOT 25 \
0.37 AC. y
r U'
LOT 26
0.42 AC.
ITVEGETATION J�
/// AOpPh%pP\ kFH \ MANAGEMENT
`NSF Sy4 (y FSS \ EASEMENT I w
��\ gsF4ee\ oSE4<FN LOT I o
2.45 AC.
/ \ Ns0°q5, �O` 1� \ \00\ S ��\' ✓T \ 15' X 10' Sign Easeinenl
36,• i StoServer
St.- �7S `\ OF \ \ Easement
\V3 S87\43't3'VV h1,
Cf ` Y10.
LOT 24 7T \ _-- _ ._. °_.
0.27AC. LOT B 0 a
10.11 AC. \ \ \
° C3 \
J,/ 6C\j 14622' ro/60 roi
rDLOT 23
0.22 AC.
LOT 27O 0.30 AC. NConN88°04'12"E !
LOT 14
0.79 AC.
�I 4°361
., 1g329'
E 1 w1 E
y Q <I
hl m LOT 15
m n1 030 AC.
A
f
ZD
SBWOO'52"W
o I € 124.09'
mI I
lQ I «
of ;
al mlo LOT 16
0.27AC.
it
II
,
IL s68�_ _oasz°w
X724.31'
C2 35 2'
N87°43'13"E I
N 40.77" \3(
iy � Wetermain � � 1°
LOT 13 Easement N 1 I\
0.38 AC.
z
N.
LOT 2 ? II M
='S 0.58 AC.
m1 I
Z I
'Z0 0 C;-, / \a watefETseme^ - r
Storm Pnva Sloem Seale .,_ ..- --
/� O\ gPublrc1.-I--
?L_.._-
! O Pn aie Sto m wat-, rsen
k". 10'Pubtc 5101m Sevres a I
& 1 IF
ED
z
27.28'
U
LOT 22
0.54 AC. Im�
jt j7
V
�i 0.24 AC.
24.94'
1.75'
246.49'
LOT8
0 t
1
N87°56'19"E
I
wl ASB -
rc�
N88°04'12"E
125.01'
,s
434.08'
6
N88°04'12"E
W
of
60.00'
125.08' 90.00'
124.92' 1
I
Q
w
N
of 02.29t
Ac
N
of LOT 36 m
LOT 29
N87'56'19"E
( `
m
rn 0.26 AC
m 1 0..2 AC.
til
0.76 AC
I
O
N88 -00'52 --ES
o I
M
125,25'
N88°0 -
N88°04'12"E
LL
75' VEGETATION
MEASEMEIE
v
1
124'12"E5.29'
E 124.71'
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PROJECTNAME:
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FIRST ADDITION
PLAT PREPARED
BY:
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ENGINEERING
HBK ENGINEERING, LLC
509 S. GILBERT ST.
IOWA CITY, IA 52240
PHONE: (319) 338-7557
FAX: (319) 358-2937
IOWA DEPARTMENT
OF LABOR
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NO. 00527328
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1111ECT15-0099
PROJECTNAME:
HEARTLAND HEIGHTS
FIRST ADDITION
PLAT PREPARED
BY:
hbk
ENGINEERING
HBK ENGINEERING, LLC
509 S. GILBERT ST.
IOWA CITY, IA 52240
PHONE: (319) 338-7557
FAX: (319) 358-2937
IOWA DEPARTMENT
OF LABOR
REGISTRATION
NO. 00527328
I
wOWNERIAPPLICANT.
W
IOWA LOT
'
9 DEVELOPMENT, LLC
Y I
n 1840 COMMERCIAL DRIVE
LL WALFORD, IA 52351
L O I
LU i
U-1
z
V LU
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n U I
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Z
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w '^
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SURVEYOR CONTACT:
LU w
O Io y THOMAS HAGENSEE, PLS
LL Ir
O ' N HRK ENGINEERING, LLC
w (w' 616 ENTERPRISE DR
Z
J
F- �I OAKEROOK, IL 60523
wthagenseeChbkengineecing.cotn
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FINAL
PLAT
D HEIGHTS FIRST ADDITION
CITY OF
FAIRFAX, LINN
COUNTY,
IOWA
Radius
Lot Line, Internal
I
Lot Line, Platted or by Deed
1�
Proposed Easement
N88°12'51"E
Section Corner, Found
11
'I co
i- I W
Property Corner, Found
.r- M
C
Property Corner, Set: 5/B" Reber w/
U
w W
Yellow Plastic Cap PLS #9889
UI
Recorded Dimensions
Iu
N O
�
Measured Dimensions
N
2 O
u; z
Iw
v) I
Iu,
i = in! it
I 12'1 I
I I I l
qI LOT 74
STANDARD LEGEND
AND NOTES
Boundary or Property Line
0.34 AC. v
Section Line
Radius
Lot Line, Internal
I
Lot Line, Platted or by Deed
- - - - -
Proposed Easement
N88°12'51"E
Section Corner, Found
`-"'60'--
Property Corner, Found
�
Property Corner, Set: 5/B" Reber w/
0
Yellow Plastic Cap PLS #9889
i dl
Recorded Dimensions
(R)
Measured Dimensions
(M)
Iw
S78' 35' 01"E
I 12'1 I
I I I l
N88'12'51"E 1205.40'
qI LOT 74
LOT 67
Curve Table
LOTS
0.34 AC. v
0.34 AC.
Radius
Della
I
Chord Length
C1
i
N88°12'51"E
N88°12'51"E
`-"'60'--
'
745.00' 1
EI
145.00' 1
570.00'
5'22'04"
i dl
E
IE I
C3
165.72'
of wI
Iw
S78' 35' 01"E
165.14'
LOT 73
o
I m LOT 68
570.00'
Iql
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of
MIc 0.34 AC. I�
�
C5
q
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to I
W
28.72'
mI
15,15'
>
w
N88°12'51"E 3
'S N88°12'51'E
a
O v
i 145.00' °
145.00'
w
24.52'
C8
N
120.00'
90'17'09"
dl
v
C9
Ll
>I
36°15'05"
v
37.33'
of aE
o a
I'
60.00'
49'25'35"
C6 201 /2 -
�I `�
LOT 69 I`'
`o tri
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I 'I
0.34 AC. I�
0
ryl
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I I
N88°12'51"E 1
N88'12'51'E
EI _
74500'
I 145.00'
of LOT 65
W I
Private Storm Water
gl LOT 57
LOT 54 0
Cl) I
Drainage & Public n m
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m^ Storm Sewer Easement o
o
o i
oim LOT 71
j LOT 70
0.34 AC. dlo
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034 AC Z
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\
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15.00' 145.00 i613'
I 14500'
101
N88'12'51"E 1205.40'
SECTION 4 - TOWNSHIP 82 NORTH
- RANGE 8 WEST
Curve Table
LOTS
Curve A
Length
Radius
Della
Chord Direction
Chord Length
C1
269.56'
490.00'
31'31'11"
N76' 31' 11 Y
266.17'
C2
53.40'
570.00'
5'22'04"
S89' 35'47"E
53.38'
C3
165.72'
570.00'
16'39'28"
S78' 35' 01"E
165.14'
C4
94.45'
570.00'
9'29'39"
S65° 30'27"E
94.34'
C5
28.79'
120.00'
13'44'48"
N24' 02'22"E
28.72'
C6
15,15'
120.00'
7'13'58"
N13°32'59"E
15.14'
C7
24.56'
120.00'
11°43'36"
N4° 04' 11"E
24.52'
C8
189.09'
120.00'
90'17'09"
S43' 04' 53"W
170.13'
C9
37.96'
60.00'
36°15'05"
S18' 07' 33"W
37.33'
C10
51.76'
60.00'
49'25'35"
S60° 57' 53'1N
.17'
C11
41.89'
60.00'
40'00'00"
N74'19'20'9N
].04'
N88'12'51"E 1205.40'
SE VIG, GORDON C. &
SHIRLEY A.
SECTION 4 - TOWNSHIP 82 NORTH
- RANGE 8 WEST
Curve Table
LOTS
Curve A
Length
Radius
Della
Chord Direction
Chord Length
C12
41.89'
60.00'
40'00'00"
N34' 19'20"W
41.04'
C13
89.15'
60.00'
85'07'44"
N28' 14'32'E
81.17'
C14
31.79'
25.00'
72'52'05"
N34' 22'21"E
29.69'
C15
63.48'
180.00'
20'12'27"
N8' 02'32"E
63.15'
C16
82.80'
180.00'
26'21'23"
N31' 19'27"E
82.07'
C17
76.92'
180.00'
24'29'06"
N56' 44'41"E
76.34'
C18
60.43'
160.00'
19'14'13"
N78' 36'21"E
60.15'
C19
51.52'
230.00'
12'50'02"
S85' 22'08"E
51.41'
C20
74.96'
170.00'
25'15'55"
N79° 09' 12"W
74.36'
C21
27.93'
180.00'
8'53'22"
S2' 39' 03"W
27.90'
C22
8.91'
180.00'
2'50'16"
S8' 30'52"W
l
SE VIG, GORDON C. &
SHIRLEY A.
AREA TABLE
SECTION 4 - TOWNSHIP 82 NORTH
- RANGE 8 WEST
Curve Table
LOTS
Curve N
Length
Radius
Delta
Chord Direction
Chord Length
C23
30.06'
180.00'
9°34'09"
814'43'04'W
30.0'3'
024
35.85'
180.00'
11'24'37"
S25' 12' 27"W
35.79'
C25
313.57'
570.00'
31"31'11"
S76° 31'11"E
309.63'
C26
43.94'
120.00'
20'58'46"
S20' 25'29"W
43.69'
C27
262.65'
60.00'
250°43'54"
N54' 35' 30"W
97.81'
C28
283.64'
180.00'
90'17'09"
N43' 04'54"E
255.19'
C29
42.15'
170.00'
14°12'27"
S84- 40'56"E
42.05'
C30
36.84'
180.00'
11°43'38"
S4' 04' 03T
36.78'
C31
65.91'
180.00'
20°5846"
S20' 25' 23"W
65.54'
AREA TABLE
SECTION 4 - TOWNSHIP 82 NORTH
- RANGE 8 WEST
QUARTER SECTION
LOTS
ROW
TOTAL
SE 1/4 -SE 1/4
21,05 AC
5.55 AC
26.60 AC
SW1/4-SE 1/4
16.17 AC
3.88 AC
20.05 AC
SE1/4-SW 1/4
1.91 AC
0.68 AC
30.78 AC
TOTAL
39.13 AC
10.11 AC
49.24 AC
N
LL
O
W
W
rn
I yl 145.00'
I
1 --- 145.00'
60.00'
145.00'
1 145.00'
60.00'
145.00'
S01'47'09"E
36.90'
'
to
10.11 AC.
I
I
I
I
N88'05'31"
205"0Q
,
SO
Ml LOT 66
ort
LOT 59
of o
Ml LOT 58
o to
M LOT 53 IM
gl LOT 52 o
145.00'
60.00'
0.34 AC. :-
I Iz
I 0.34 AC.
I I
ort 0.34 AC. l
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of D.34 AC.
l
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N88°12'51"E
N88°12'51"E
N88°12'51"E
N88°12'51'E
60'-
I N88°12'51"E
0.31 AC. t
i
ce
145.00' 1
745.00'
I E
145.00' ,.,
EI
_ 145.00'
E
45.00'
vi
d
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I N88°05'31"E
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l
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of LOT 65
l LOT 60 to
ol.�
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of LOT 51
of 0.34 AC. =l
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145.00'
145,00'
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to
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-
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ter. 0.34 AC. to
a`l
0.35 AC.
mIa LOT 47
W
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N88°72'57"E
\ \ 88,12';5{'E : v
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0.68 AC \ \\C i
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I N88°72'57"E
145.00'
14500'
( 14!1
745.00'
145.00'
Im �P� I Sfo Wali{
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of 034 AC.
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y IStofm SerEasement
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e
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l 1251,0
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15.00' 145.00'
29.80' 145.00'
-'
15.00 145.00 29.84'V-_�/
. __ _ ....._..
145.00'
. �,/.....
1500 145.00 zo.57
45.00'-
- _. __ __ ._ _
145.00'
15.0[
S88' 09' 2W W 290.00'
HEARTLAND STREET
r.
N88' 09'24"E 749.55' J+
_ _98.55 _ -T--
99.00' ...._ _ - _ _, 99.00' _ .99.00' - - T
- 'goo' I
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107.42___
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sea° 09'24"W 290.00'
IIEARTLAND STREET
� N�\
PROJECT NUMBER:
15-0099
PROJECTNAME:
HEARTLAND HEIGHTS
FIRST ADDITION
PLAT PREPARED
BY:
hbk
ENGINEERING
HBK ENGINEERING, LLC
509 S. GILBERT ST.
IOWA CITY, IA 52240
PHONE: (319) 338.7557
FAX: (319) 358.2937
IOWA DEPARTMENT
OF LABOR
REGISTRATION
NO. 00527328
OWNERIAPPUCANT:
IOWA LOT
DEVELOPMENT, LLC
1840 COMMERCIAL DRIVE
WALFORD, IA 52351
SURVEYOR CONTACT:
THOMAS HAGENSEE, PLS
S88° 09'24"W 290.00'
I
H
BK ENGINEERING, LLC
I N
616 ENTERPRISE, DR
LOT B
10.11 AC.
o
OAKBROOK, IL 60523
N88° 09'24'E 949.06'
J 1 Q
thagensee@hbkengineering.com
hbkengineering.com
91.45
-
Preparer Information: MIDAMERICAN ENERGY, ATTN: RIGHT-OF-WAY
SERVICES, PO BOX 657,DES MOINES, IA 50306-0657
EASEMENT ENCROACHMENT AGREEMENT
W
This Agreement is made and entered into this I�, day of MA 2017,
by and between MIDAMERICAN ENERGY COMPANY, an Iowa corporation, its successors
and assigns (hereinafter referred to as "MidAmerican"), IOWA LOT DEVELOPMENT LLC, a
limited liability company, its successors and assigns (hereinafter referred to as "Iowa Lot
Development"), and the City of Fairfax, Iowa a municipal corporation, in the County of Linn,
State of Iowa, its successors and assigns ("City").
WITNESSETH :
WHEREAS, Pipeline easements in favor of MidAmerican have been granted over, across and
through the property of Richard J. Mitchell, Winfred K. Mitchell and Margaret M. Voss, Co-
Trustee of " Trust A" and Trust `B" under the last will and testament of Lester E. Mitchell,
described as a part of the Southeast Quarter (SE '/4 ) of Section Four (4), Township Eighty-two
North (T82N), Range Eight West ( R8W) of the Fifth Principal Meridian, more particularly
described as follows:
A strip of land Fifty (50) feet in even width located in the Southeast Quarter (SE '/4 ) of Section
Four (4), Township Eighty-two North (T82N), Range Eight West ( R8W) of the Fifth Principal
Meridian In Linn County, Iowa, With the following described centerline:
Beginning at a point in the centerline of an east-west power line and the approximate north line of
said southeast quarter (SE '/4), said point being One Thousand Six Hundred Fifty-nine (1,659) feet
(as measured along said approximate North line) West of the Centerline of a north-south road and
approximate east line of said southeast quarter (SE '/4); Thence S 32'27' E One Thousand four
hundred Ninety-Seven (1,497) feet; Thence S 52'37' E One Thousand Twenty-five (1,025) feet to
a point in the approximate West Right of Way Line of a North-South road, said Point of Being the
point of termination for this description. When last described course is extended S 52'37' E Fifty-
Eight (58) feet it will intersect the centerline of the North-South Road and said approximate east
line of the Southeast Quarter (SE '/4) at a point which is Seven Hundred Forty-seven (747) feet (as
measured along said approximate East line) North of the approximate South line of said Southeast
Quarter(SE '/4).
1
The edge lines of said strip shall lengthen and or shorten at the point of beginning, the point of
termination and each change in course as needed to provide a continuous strip of said width across
the Southeast Quarter (SE 1/4) of said Section Four(4 ).
hereinafter referred to as "Easement" ,and attached hereto as Exhibit A; and
WHEREAS, pursuant to the authority contained in the Easement, MidAmerican has
constructed and currently operates a 12-inch natural gas transmission pipeline (ICCR691) and
appurtenances and equipment thereto, along with the right to construct, reconstruct, operate,
maintain and remove the pipeline and appurtenances thereto, from time to time (hereinafter
referred to as the "Pipeline") upon, under, over, along, across and through the Easement;and
WHEREAS, Iowa Lot Development is the present owner of a portion of the real property
encumbered by the Easement, which real property to be known as Heartland Heights 1 st Addition
to the City of Fairfax, Iowa;and
WHEREAS, Iowa Lot Development has been advised by MidAmerican that MidAmerican
operates and maintains the Pipeline within the Easement within Heartland Heights 1St Addition;
and
WHEREAS, Iowa Lot Development has requested permission from MidAmerican to
construct a roadway and sidewalks, extend roadway subdrains and a storm sewer over the
Pipeline, extend a sanitary sewer below the Pipeline, and place additional fill dirt over the
Pipeline in Lot 1 of Heartland Heights 1St Addition and where a roadway named Beverly Road
crosses the Pipeline upon and within a portion of the Easement, and all construction activity to
take place at separate locations depicted on Exhibit B (hereinafter together referred to
individually or collectively as the "Encroachment" or "Encroachment Area"); and
WHEREAS, City anticipates taking ownership of, and responsibility for operation,
maintenance, repair, replacement and other activity associated with the Encroachment from Iowa
Lot Development no later than May 31, 2018; and
WHEREAS, MidAmerican is willing to allow the Encroachment upon the terms and
conditions set forth as follows.
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions
hereinafter set forth, the parties hereto agree as follows:
1. MidAmerican hereby grants permission to Iowa Lot Development to construct a
roadway and sidewalks; extend roadway subdrains, a storm sewer, and a sanitary sewer; and
place a limited amount of fill dirt upon the Easement pursuant to the Drawings attached hereto as
Exhibit B, provided that the Encroachment shall not impair MidAmerican's right to operate,
inspect, and maintain the Pipeline as more specifically stated in the Easement, including the right
of ingress and egress onto the Easement, and subject to the following conditions:
2
A. Iowa Lot Development and City (each as to the portions of the Encroachment that
may be owned by them from time to tune) assume all risks for damages, injuries, or loss to either
property or persons which may be incurred by Iowa Lot Development, City or their respective
agents, invitees, licensees, successors and assigns, present on or in the vicinity of the Easement
within or near the Encroachment Area, except as may be caused by the negligent or intentional acts
of MidAmerican or its employees contractor, agents or representatives.
B. That the permission granted herein is limited exclusively to the Encroachment and
all activities reasonably related hereto within the Easement as identified in Exhibit B, and is for
the sole purpose of the construction,operation,maintenance,repair,replacement and other activity
associated with the roadway and sidewalks; the extension of roadway subdrains, a storm sewer,
and a sanitary sewer; and the placement of a limited amount of fill dirt over the Pipeline.
Descriptions of and specifications relating to the roadway, sidewalk, roadway subdrains, storm
sewer and sanitary sewer (where located in the easement) are provided in Exhibit C.
C. That Iowa Lot Development and City shall notify MidAmerican of any planned
activities (excluding in the case of emergencies) within the Easement or when excavation is to be
performed within 25 feet of the Pipeline so arrangements can be made for a MidAmerican
representative to monitor the activities and excavation. This notification is separate and apart from
any notifications provided pursuant to Iowa law, including notification to Iowa One Call. Future
notification will be required when subsequent construction, maintenance, repair, replacement or
other activities will be conducted by Iowa Lot Development or City so a MidAmerican
representative may be present to ensure the protection of MidAmerican's Pipeline and
facilities. MidAmerican shall be reimbursed by Iowa Lot Development or City for its reasonable
and documented costs in monitoring any activities within or near the Easement that take place
outside of regular work hours for MidAmerican Operations personnel. Additionally,
MidAmerican will endeavor to provide the City with notice of planned work (excluding
emergencies), that MidAmerican or its designees will perform within the Easement near an
Encroachment so that City may consult with MidAmerican to provide adequate traffic closures and
determine further course of action.
D. That Iowa Lot Development, City and MidAmerican shall at all times conduct
activities on or within the Easement or Encroachment Area in such a manner as not to unreasonably
interfere with the rights of any party to this Agreement, including the use, operation, inspection,
maintenance, repair, replacement, and reconstruction of the Pipeline, the Easement Area, the
Encroachment Area or facilities therein, or the right of ingress and egress thereto.
E. That Iowa Lot Development and City shall not materially alter the grade anywhere
within the Easement without prior written permission of MidAmerican, excepting the locations
identified and to the extent shown on Exhibit B.
F. That Iowa Lot Development and City shall not plant any trees or shrubs within the
Easement without the prior written consent of MidAmerican.
3
G. That Iowa Lot Development and City shall not install any sprinklers within the
Easement without the prior written consent of MidAmerican.
H. That Iowa Lot Development and City shall not install, or allow the installation of
fences, buildings, structures, or other improvements within the Easement, except as otherwise
provided in this Agreement.
L That Iowa Lot Development shall include a restrictive covenant that specifies the
requirements/restrictions set for in Sections C, D, E, F, G, and H (above) with the covenants
governing Lot 1 of the Heartland Heights 1St Addition, and City shall ensure such covenants remain
in place during City's ownership and use of the Encroachment.
J. That Iowa Lot Development (or City as to the portions of its ownership in the
Encroachment from time to time) shall, if deemed reasonably necessary by MidAmerican, install
mats, timber bridges or other protective materials or construct an earthen bridge over the Pipeline
in order to protect the Pipeline from external loading during construction, maintenance, repair,
replacement, reconstruction or other activity related to the Encroachment. The cost to purchase,
place, construct, and remove the protective measures is to be borne by Iowa Lot Development or
the City as their interests may appear.
2. Iowa Lot Development and City agree to indemnify, protect, and hold MidAmerican,
its parent, affiliates, subsidiaries, and their directors, officers, employees, representatives, and
agents harmless from and against any and all actions or causes of action, claims, demands,
liabilities, loss, damage, injury, death, suit, proceeding, judgment, cost, or expense of whatever
kind or nature, including but not limited to reasonable attorneys' fees, arising from or as a result of
any incident, act, action, cause of action (including the cost or expense of environmental response,
removal or remediation activities), negligence, transaction or omission of Iowa Lot Development
or City in connection with, or incidental to the Encroachment, except where such loss, cost,
liability, or expense was proximately caused by the negligence or intentional acts of MidAmerican
or its employees, contractors, agents, or representatives. The parties understand and agree that City
taking ownership of the Encroachment from Iowa Lot Development is a condition precedent to the
City assuming liability for the Encroachment, including without limitation any and all obligations
and liability and pursuant to this Section 2 and this Agreement. Notwithstanding anything in this
Agreement to the contrary, Iowa Lot Development and MidAmerican hereby acknowledge and
agree that, in any event, City's duties, obligations, responsibilities and liability pursuant to this
Agreement shall be only with regard to any portions of the Encroachment as may be under the
ownership and control of the City from time to time. Iowa Lot Development and City will notify
MidAmerican in writing of the specific date ownership transfers. MidAmerican, Iowa Lot
Development and City, and their successors and assigns, will comply with applicable federal, state
and local laws in the grant and use of this Encroachment Agreement.
3. MidAmerican requires Iowa Lot Development to provide to MidAmerican evidence
of general liability and other appropriate and usual insurance prior to any activity and/or
construction on or near MidAmerican's Easement. The insurance limits, terms and conditions
required as part of this Agreement are shown in Exhibit D, attached hereto.
4
4. Iowa Lot Development and City agree that protection of the Pipeline will be
maintained at all times during any work by Iowa Lot Development or City, as the case may be, in
the area of the Encroachment.
5. In the event MidAmerican needs to remove any of the Encroachment within the
Easement in order to utilize MidAmerican's Easement rights,including but not limited to the right
to maintain, operate, repair, remove, or resize the Pipeline, Iowa Lot Development and City, or
their respective heirs, successors, and assigns, shall pay the reasonable and documented cost of
removing and replacing or reinstalling the Encroachment. In addition, all repair and maintenance
work performed by MidAmerican on the Pipeline located in the Easements shall be performed in
a reasonable workmanlike manner. MidAmerican shall not be liable for loss, damage to, or
replacement of the Encroachment, or any associated equipment and facilities that exist or which
may be placed within the Easements, and, in this regard, Iowa Lot Development and City hereby
releases MidAmerican, its employees, agents, officers, and directors from any and all liability for
any such loss resulting from MidAmerican's use of its Easement, including maintenance,
operations, repair, removal, or resizing the Pipeline. The foregoing shall not be construed to limit
liabilities in Section 2 of this Agreement, it being the intent of the parties that Iowa Code Chapter
668 (2015) shall govern the parties' liability rights and responsibilities under Section 2.
7. The parties hereto understand that this agreement in no way constitutes a waiver by
MidAmerican of its rights to enjoy the Easement unencumbered by the construction of the
Encroachment within the Easement. The provisions of the Easement, and all rights, powers,
privileges, and duties, obligations, and liabilities created thereby, remain in full force and effect
and are not affected hereby except to the extent and in the manner set forth above.
8. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE
PARTIES HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN
RESPECT OF LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER
OR IN CONNECTION WITH THIS AGREEMENT. EACH PARTY FURTHER WAIVES
ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN
WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR
HAS NOT BEEN WAIVED, AND AGREES ANY SUCH ACTIONS MAY NOT IN ANY
EVENT BE CONSOLIDATED TOGETHER.
All parties warrant that they have full and sufficient authority to execute this agreement and each
party will sign any additional documents necessary to effectuate this agreement. The City will obtain
City Council Resolution affirming and accepting this Agreement at the March 14, 2017, City Council
meeting.
This agreement and the covenants and agreements herein contained shall extend to and be
binding upon the heirs, executors, administrators, successors, and assigns of the parties and the
benefits of this agreement shall run with the land. In the event Iowa Lot Development or City cease
to use or maintain the Encroachment, this agreement shall cease and all rights herein granted shall
revert to MidAmerican, its successors or assigns.
5
IN WITNESS WHEREOF, the parties have executed this instrument the day and year first
above written.
MIDAMEWAN ENERGY COMPANY IOWA LOT DEVELOPMENT, LLC
4
r'
By:
J (Y/t6-(
Name: Aiex-k-c (�s1� ` Name:'J/'16-(
Title: i, Title: 1,4411dz,�j`;,
CITY OF FAIRFAX, IOWA
By:
Name: Burnell G. Frieden
Title: Mayor
ATTEST:
Name: Cynthia K. Stimson
Title: City Clerk/Treasurer
STATE OF IOWA )
)SS
COUNTY OF POLK )
The foregoing instrument was acknowledged before me, a Notary Public, this ay of
2017, by as , for
MIDAMERICAN ENERGY COMPANY, an Iowa corporation, on behalf of the corporation.
Notary Public
6
STATE OF IOWA )
)SS
COUNTY OF )
The foregoing instrument was acknowledged before me, a Notary Public, this�`w`'day of
MakCIV _, 2017, by Shane (SCh k'adpr as I aryt.&Y'- for
IOWA LOT DEVELOPMENT LLC,an Iowa limited liability corn any,on behalf of the company.
YSUELLINA SUZANNE KOENES
g Commission Number 791758
My Commission Expires
-'6 V4 August 28, 2018 Notary
STATE OF IOWA, LINN COUNTY, ss:
On this I day of M CLrch,., , 2017, before me, the undersigned, a
Notary Public in and for said State,personally appeared Burnell G.Frieden and Cynthia K. Stimson
to me personally known, who being by me duly sworn, did say that they are the Mayor and City
Clerk/Treasurer, respectively, of said corporation; that the seal affixed thereto is the seal of said
corporation; that said instrument was signed and sealed on behalf of said corporation by authority
of its City Council; and that the said Mayor and City Clerk as such officers, acknowledged the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by them
voluntarily executed.
A
Notary Public in and for said State of Io a
Q/6
SUEIIINA SUZANNCommission Number 791758
My Commission Expires
wP° Au
'0 4
7
EXHIBIT A
f I1JRDER'S NOTE!
/a
Original Gas Easement was dated en2lk 75
J 12-14_90 rather than 12-4-90.
DID MARGIN-_
IOWA-ILLINOIS GAS AND ELECTRIC COMPANY
Thi.auemenl Prep ered by:
GAS EASEMENT
(RURAL) C.o.W.
(N.ma—City) County of Iinn s•dl°^'3
Townrhip 62 North 1lerpe8 W Sit er 5��-+.h P.M.
The undersigned owner Is), Richard J Mitchell, Winifred K Mitchell and Margare
M. Voss, Co-Trustee of "Trust A" and "Trust B" under the last will and
testament o Lester E. 1— e
Jl
and the undersigned tenant Is),
in consideration of$ 10.00 hereby grant(s) to IOWA- d ILLINOIS GAS AND ELECTRIC COMPANY,
" Illinois corporation,its successors anass
thereinafter called the"Company'1, an igns,a perpetual right-of-way
easement,for the purpose m constructi
the transportationof
ng,reconstructing,operating,maintaining and removing a Pipe line fol,
of gas,oil,petroleum and other substances and all appurtenances and equipment used anc
useful in the transportation of such substances,togeEher with the right of ingress and egress,upon,under
over,along and across the real estate located in Lin--n -----County,
Iowa—,described as follows
r �
FOR EASEMENT DESCRIPTION SEE ATTACHED EXHIBIT "A"'
pOCUMENTNO 9M
RECORDING FEE S _
0
This document corrects and replaces Gas Easement dated 12/4/90 and record(
on 1/4/91 in Volume 2091 at Pages 28 through 30 in Linn County Recorder's
Office. Said Gas Easement shall be deemed Null and Void upon recordation
of this document.
No building shall be conrtrucnd end/or<henger.hall be made In 8rou ddelevetiennehathe nger frill net interfere the
Comp-I?-
rights to open
permiaaian from the C"mpeny wdrealine thel raid wnelruction endear iroun
P. mernnin ilx fucilieier.
Dumogn to fe"aer.liverleck or crops of the und.nlaned,their eumerwre end ersianr.�the Comye y while roeslru ee i t—sted person-.
r the it
xhpuil hl pdb,)Chile Cy dam QeA one bylihe Compenyr andethird eppo need 6y lhel!a..,.
w.ppomted mod she wrillendeterminrd�n bytore.ljority thercol
Che u'n u tihehli be and end concludve.Each party shaft pay thacompen.....end ou4oGpocke[e.penees oftke person n.med by aidparly.wdandlp
oncholf the non
and outobpadet esper,rtr o(lhe thud person.
Signed,sealed and delivered this
25 aayef �,,,yt�sfi Is_
STATE OF —1-- ""�k I D J. M 0 U"S�T�EE
se. a�r-e
COUNTY OF YN
P �_ a Notary IFR K. MITCHELL, TRUSTEE
I,
Public in and for the County and State aforesaid,do hereby certify MARGARET M. VOSS TRU 'E
the, Richard J. Mitchell Winifred K. �
Mitchell
personally known to me to be the sarlie piiwn(s)whoss narrate) X
larel subscribed to the foregoing instrument,appeared before me this
day in person and acknowledged that
-tftey
signed,sealed and delivered the said Instrument as
their
free and voluntary act for the uses and purposes therein set forth.
Given under my hand and official seal,this 7S day of
_A.D.19.
i
� said County
,✓ R1. FNEY
tNotarisl Seale MY CDMNSSION EXPIRES
August 29,1993
h'urm TLIY Rev.tlt9 i
DOCUMENT No.
COPY No.:t—DOCUMENT FILE
2144 I�a 7.7
TRACT NO. 49
EASEMENT DESCRIPTION
A STRIP OF LAND FIFTY (50) FEET IN EVEN WIDTH LOCATED IN THE
SOUTHEAST QUARTER (SEI/4) OF SECTION FOUR (4). TOWNSHIP
EIGHTY-TWO NORTH (T82N), RANGE EIGHT WEST (ROW) OF THE FIFTH
PRINCIPAL MERIDIAN IN LINN COUNTY, IOWA, WITH THE FOLLOWING
DESCRIBED CENTERLINE:
BEGINNING AT A POINT IN THE CENTERLINE OF AN EAST-WEST POWER LINE
AND THE APPROXIMATE NORTH LINE OF SAID SOUTHEAST QUARTER (SEI/4).
BEINGSAID POINT NTHOUSAND HUNDRED
(AS MEASUREDALONGSAIDAPPROXIMATENORTH LINE)-NINE �
WEST OFTHE) FEET
CENTERLINE OF A NORTH-SOUTH ROAD AND APPROXIMATE EAST LINE OF
SAID SOUTHEAST QUARTER (SEI/4); THENCE S32`27'E ONE THOUSAND FOUR
HUNDRED NINETY-SEVEN (1,497) FEET; THENCE S52037'E ONE THOUSAND
TWENTY-FIVE (1,025) FEET TO A POINT IN THE APPROXIMATE WEST RIGHT
OF WAY LINE OF A NORTH-SOUTH ROAD, SAID POINT BEING THE POINT OF
TERMINATION FORTHIS DESCRIPTION. WHEN THE LAST DESCRIBED COURSE
IS EXTENDED S52'
37'E FIFTY-EIGHT (56) FEET IT WILL INTERSECT THE
CENTERLINE OF THE NORTH-SOUTH ROAD AND SAID APPROXIMATE EAST LINE
OF THE A POINT WHICH IS
SOUTHEASTRTER EVEN
MEASURED ALONG SAID
I
APPROXIMATE EAST
LINE) NORTH OF THE APPROXIMATE SOUTH LINE OF
SAID EA
THE EDGE LINES OF SAID STRIP SHALL LENGTHEN AND OR SHORTEN AT THE
POINT OF BEGINNING, THE POINT OF TERMINATION AND EACH CHANGE IN
COURSE AS NEEDED TO PROVIDE A CONTINUOUS STRIP OF SAID WIDTH
ACROSS THE SOUTHEAST QUARTER (SEI/4) OF SAID SECTION FOUR (4). +
SUBJECT TO EASEMENTS OF RECORD.
NOTE: ISASSUMED TOBEAR
THE
SSUAPPROXIMATE
EAST
NO`OOLINE
E FORSAID
HESOUTHEAST
OFQUARTER (SEI/4)
THIS DESCRIPTION.
FILED FOR RECORD
11'lo#ol-
SEP 1 7 1992 Fr.I+t6!r Fi
/-Vl--4.>--,-
RE BOER LINN CO 10 A
_lOrL�J4.ISS gAS aMJ_ �oA+MNY 1
� { -"�a�a� � ,�, may, _• � i I I z
COPY No.I-DOCUMENT FILE DOCUMENT No.L Z(400
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EXHIBIT C
The roadway will occupy a portion of the Easement 37 feet wide, and a length of 80 feet with a
skew of about 37 degrees, and be constructed of 8 inch portland cement concrete with 6 inch
granular subbase meeting Iowa DOT Gradation 12 (section 412 1) or 14 (section 4123).
The sidewalks will occupy a portion of the Easement 11 feet wide along the north and 5' wide
on the south, and a length of 80 feet, and be constructed of 6 inch portland cement concrete
with a 4 inch modified subbase per Iowa DOT gradation 14, section 4123 on the north, and 4
inch portland cement concrete placed on grade on the south.
The roadway subdrains will only be utilized to transport naturally occurring rainwater from the
roadway. No hazardous, toxic or similar substances will be discharged through the subdrains.
The storm sewer pipe is 59 feet long of 30 inch diameter reinforced concrete pipe (RCP),
Minimum Class III meeting ASTM C76 standards. The pipe will have sealed (gasketed)joints
and will be installed at a depth of approximately 10 feet to the flow line (bottom of pipe)
sloping from the northeast to southwest at 1.00% grade. The pipe will be bedded with crushed
stone meeting the bedding gradation listed below, up to the spring line (midpoint) of the pipe.
The sanitary sewer pipe is 50 feet long of 8 inch diameter PVC Truss pipe, conforming to
ASTM D2680, with a minimum pipe stiffness of 200 psi (ASTM D2412). A 20 foot section of
pipe centered at the crossing of the gas main will be ductile iron pipe (DIP) conforming to
ANSI A21.50 and A21.51. The ductile iron pipe will be connected to the adjacent PVC Truss
pipe with a Fernco connector. The pipe will have sealed (gasketed)joints and will be installed
at a depth of approximately 10 feet to the flow line (bottom of pipe) sloping from the north to
south at 2.88% grade. The pipe will be bedded with crushed stone meeting the bedding
gradation listed below, up to the spring line (midpoint) of the pipe.
A gregate Bedding shall meet the following gradation:
Sieve Size 1-1/2 1 3/4 %z 3/8 4 8
Percent Passin 100 1 95-100 1 50-100 1 20-65 1 10-65 0-20 0-8
The trenches for the storm sewer and sanitary sewer pipe will be backfilled with native
materials and compacted to 98% of maximum density in accordance with ASTM D698
Standard Proctor.
Landscaping in areas that are not paved will consist of grass. In no event will any type of
drainage or water flow be changed, directed or redirected by Iowa Lot Development or City
over the Easement that is not in compliance with the Heartland Heights 1St Addition plans
without obtaining written approval of MidAmerican.
This is not an agreement for borrow. No soil or material shall be removed from the Easement
without specific written approval of MidAmerican.
Additionally, no other permanent objects, property, equipment, structures or other items will be
placed over or within the Easement without obtaining written approval of MidAmerican.
EXHIBIT D
ARTICLE 11
INSURANCE AND BONDS
11.1 CONTRACTOR'S INSURANCE
11.1.1 Prior to the start of the Work, and at all times during the term of the Work and this
Contract, the Contractor shall purchase, at its own expense, and maintain with insurance
companies in good standing and acceptable to the Company, such insurance as will protect the
Contractor from liability and claims for injuries and damages which may arise out of or result
from the Contractor's operations under the Contract and for which the Contractor may be legally
liable, whether such operations are by the Contractor or by a Subcontractor or by anyone
directly or indirectly employed by any of them, or by anyone for whose acts any of them may be
liable.
11.1.2 The Company intends that this Contract shall also be one of indemnity, and that such
indemnification shall be covered by insurance. For the further protection of the Contractor and
the Company, but without restricting or waiving any obligations of the Contractor herein
contained, the Contractor shall insure the risks associated with the Work and this Contract with
minimum coverages and limits as set forth below:
A. Workers' Compensation Insurance and Occupational Disease Insurance in accordance
with statutory requirements of the state and/or Federal Regulations (FELA, USL&H, Jones Act)
and Employers' Liability Insurance with limits of not less than:
Bodily Injury by Accident$500,000 Each Accident
Bodily Injury by Disease $500,000 Policy Limit
Bodily Injury by Disease $500,000 Each Employee
covering location of all work places involved in this Contract.
B. The most recently approved ISO Commercial General Liability Insurance policy, or its
equivalent, written on an Occurrence Basis, with limits not less than $1,000,000 per occurrence/
$2,000,000 general aggregate (on a per location and/or per job basis) Bodily Injury and Property
Damage, including the following coverages.
a. Premises and Operations Coverage
b. Independent Contractor's Coverage
c. Contractual Liability
d. Products and Completed Operations Coverage
e. Coverage for explosion, collapse, and underground property damage
f. Broad Form Property Damage Liability
g. Personal Injury Liability, with the contractual exclusion removed
h. Sudden and Accidental Pollution Liability, as appropriate
C. The most recently approved ISO Business Automobile Liability Insurance policy, or its
equivalent, covering owned, hired and non-owned vehicles with limits not less than $1,000,000
each accident Bodily Injury and Property Damage combined, including Sudden and Accidental
Pollution Liability, as appropriate.
D. Umbrella Liability Insurance with a minimum limit of$5,000,000 each occurrence/
aggregate where applicable to be excess of the coverages and limits required in A (employer's
liability only), B and C above. Contractor shall notify Company, if at any time their full umbrella
limit is not available during the term of this Contract, and will purchase additional limits, if
requested by Company.
11.1.3 The Contractor shall, on or prior to the date Work commences, deliver to the Company
certificates of insurance evidencing valid coverage in effect as specified by this Article 11. All
Workers' Compensation, Commercial General Liability and Umbrella Liability policies shall
contain provisions that the insurance companies will have no right of recovery or subrogation
against the Company, its parent, divisions, affiliates, subsidiary companies, co-lessees, or co-
venturers, agents, directors, officers, employees, servants, and insurers, it being the intention of
the parties that the insurance as effected shall protect all parties. The Commercial General
Liability policy waiver of subrogation endorsement shall be ISO Form CG 24 04 or its equivalent.
All required insurance policies shall provide that the policy is primary and will not contribute with
any policy carried by Company.
11.1.4 MidAmerican Energy Company, its parent, divisions, affiliates, subsidiary companies,
colessees, or co-venturers, agents, directors, officers, employees, and servants shall be named
as an additional insured in each of Contractor's insurance policies, except statutory Workers'
Compensation. The Commercial General Liability additional insured endorsement shall be ISO
Form CG 20 10 or its equivalent.
11.1.5 Any and all deductibles in the above-described insurance policies or inadequacy of limits
shall be assumed by, for the account of and at Contractor's sole risk.
11.1.6 No cancellation or material reductions of coverage in the policies shall become effective
except on thirty (30) days' written notice thereof to the MidAmerican Energy Company Contract
Administrator at the Company's office originating the Contract. For those insurance coverages
whereby Company is required to be named as an additional insured, the Contractor shall at any
time requested by the Company prior to or during the term of the Work or this Contract, deliver
to the Company certified copies of any and all insurance policies so requested. Further, should
a loss arise during the term of this Contract that may give rise to a claim against the Contractor,
and/or the Company as additional insured, the Contractor shall deliver to the Company, or shall
cause its insurers or agents to deliver, certified copies of the policies maintained during the term
of the Work or this Contract, if so requested by the Company.
11.1.7 Should the Contractor or its Subcontractors fail to provide or maintain any of the
insurance coverages referred to in this Article 11, the Company shall have the right, but no
obligation, to provide or maintain such coverage, or coverage affording equivalent protection, at
the Contractor's expense, either by direct charge or set-off.
11.1.8 Company does not represent that the insurance coverages specified herein, whether in
scope of coverage or amounts of coverage, are adequate to protect the obligations of the
Contractor, and the Contractor shall be solely responsible for any deficiencies thereof. Nothing
in this Article 11 shall be deemed to limit the Contractor's liability under this Contract.
11.2 SUBCONTRACTOR'S INSURANCE
11.2.1 Should the Company permit the Contractor to sublet or subcontract any portion of the
Work, the Contractor shall, before permitting any of its Subcontractors to perform any Work at
the site, require each Subcontractor to carry insurance with terms and limits similar to that
specified in Section 11.1.2, or provide evidence that such Subcontractors are covered as
Named Insureds under the Contractor's insurance coverages as required in Section 11.1.2.
Prior to the commencement of Work by any Subcontractor, the Contractor shall provide to the
Company Certificates of Insurance evidencing that each Subcontractor carries insurance as
required by Section 11.1.2, or evidencing that such Subcontractors are named insureds under
the Contractor's insurance coverages. As with the Contractor's insurance coverage, the
Company, its parent, divisions, affiliates, subsidiary companies, co-lessees, or co-venturers,
agents, directors, officers, employees and servants shall be named as an additional insured on
any Subcontractor insurance required by this section.
11.3 PERFORMANCE AND PAYMENT BONDS
11.3.1 If requested by the Company, the Contractor shall furnish and deliver prior to the
commencement of Work, a Performance and Payment Bond satisfactory to the Company in the
minimum amount of one-hundred percent (100%) of the Contract Sum to cover the faithful
performance of the Contract, all bills, labor, equipment and materials and the payment of all
obligations thereunder. Such bonds shall be written by insurance/surety companies acceptable
to the Company and having a rating equivalent to A.M. Best of"A-" or better.