HomeMy WebLinkAboutRESOLUTION NO. 2017-12 Doc ID: 022777010008 Type: GEN
Recorded: 04/06/2017 at 12:46:30 PM
Fee Amt: $42.00 Page 1 of 8
Revenue Tax: $0.00
Linn County Iowa
JOAN MCCALMANT RECORDER
BK9802 PG112-119
RESOLUTION
Recorder's Cover Sheet
Preparer Information:(name, address and phone number)
City of Fairfax; 300 80"' Street Court; Fairfax, IA 52228; Phone 319-846-2204
Return Document to: (name and complete address)
Sobaski Real Estate LLC; 104 Williams Blvd; Fairfax,IA 52228; Phone 319-845-8000
Grantors:
City of Fairfax
Grantees:
Sobaski Real Estate
Legal Description: See Page 2
RESOLUTION NO. 2017-12
RESOLUTION TO ENTER INTO A SITE PLAN CONDITIONS
AGREEMENT FOR LOT 2 OF JAMESS KURTZ'S SECOND ADDITION
TO FAIRFAX, IOWA, AND FOR PARCEL A, PLAT OF SURVEY NO 2111
WITH SOBASKI REAL ESTATE, LLC
WHEREAS, the Sobaski Real Estate, L.L.C., is the owner of the following described
property:
Parcel A, Plat of Survey No. 2111, as recorded in Book 9703, Page 475 of the Office of
the Linn County Recorder; and Lot 2, James Kurtz's second Addition to Fairfax, Iowa, (Book
1900, Page 204), except for the South 103 feet thereof, and except parcel A, Plat of Survey No.
2082, (Book 9590, Page 76), all of which are recorded in the office of the Linn County Recorder;
and
WHEREAS, Sobaski Real Estate, L.L.C. applied for shell permits for commercial
buildings on these two pieces of property, which are addressed as 825 Eagleview Drive and 826
Eagleview Drive; and
WHEREAS, the Fairfax City Council has approved provisional at risk commercial
building permits for a shell of a commercial building at each address, if the owners are willing to
sign the proposed Site Plan Conditions Agreement as revised by staff, and
WHEREAS, Hall and Hall Engineers, Inc. is not recommending the City of Fairfax
approve this Site Plan Conditions Agreement.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF FAIRFAX, IOWA, that the City Council of the City of Fairfax does hereby approve the
following Site Plan Conditions Agreement with Sobaski Real Estate, L.L.C.
BE IT FURTHER RESOLVED that the City Council of the City of Fairfax, Iowa,that the
Mayor and city clerk/treasurer are hereby authorized and directed to execute said Site Plan
Conditions Agreement with Sobaski Real Estate, L.L.C. and said Resolution.
Passed and approved this 14"' day of March, 2017.
AYES: Beer, Daly, Kell, and Volk
NAYS: None
ABSENT: Wainwright
Burnell G. Frieden, Mayor
e+tgpNt�k " rrleoB®.
ATTEST:
4�
Cyn t is K. Stimson, ity Clerk/Treasurer
W 4 + 3 K i�
Site Plan Conditions for Lot 2 of James KUytzs Second Addition 0OFairfax, Iowa
and for Parcel A� Plat of Survey No. 2111:
SobaskiReal Estate, LLI. (OVVNER) iothe owner ofthe following described property:
Parcel A/ Plat VfSurvey No. 2I1l/ asrecorded in Book 9703, Page 475ofthe Office of
the Linn County Recorder; and Lot 2'James Kurtz/s Second Addition to Fairfax, Iowa,
(Book 190O, Page 2O4\/ except for the South 103feet thereof,� and except Parcel /\/ Plat
of Survey No. 2082/ (Book 859O, Page 76\, all ofwhich are recorded inthe Office ofthe
Linn County Recorder.
The OWNER has submitted a Site Plan tothe City of Fairfax /C|TY\ for a building and site
improvements along the north side of Parcel A, Plat Of Survey No. 2111, as recorded in Book
97U3, Page475ofthe0fficeoftheLinnCountyRecorder (PARCELA); andLut2, ]umesKu/tz's
Second Addition to Fairfax, Iowa, (Book 1900, Page 204), except for the South 1.03 feet thereof,
and except Parcel A, Plat ufSurvey No. 20U2, (Book 9590, Page '76\, all ofwhich are recorded in
the Office ofthe Linn County Recorder (LUT2). PARCEL Aand LOT 2are both zoned C2:
Highway Commercial, and there are no proposed changes tothis zoning with these site plans.
LOT 2 has access to West Cemetery Road by an existing 30-foot wide Ingress-Egress easement
through the properties located south of LOT and north of West Cemetery Road. PARCEL has
access tothis 30'fmotvvide Ingress-Egress easement through a 30'fontvvide access easement
located along the east and north side ofsaid LOT 2.
With these site plans for PARCEL A and LOT 2, the OWNER is proposing one building and related
site improvements for each PARCEL A and LOT 2, which is in conformance with the CITY's Code
ofOrdinances and development standards. With these site plans for PARCEL Aand LOT 2, the
OVVNERioNOTpropVsinganysubdividonofeitherPARCELAorLOT2, andtheDVVNERisNOT
proposing any public improvements aspart ofthese two site plans.
As part of these Site Plans for PARCEL A and LOT 2, Sobaski Real Estate, L.L.C. (OWNER) and the.
City of Fairfax (CITY) agree tothe following CONDITIONS:
CONDITIONS:
1. THAT PRIOR TO THE ISSUANCE OF A TEMPORARY OR FINAL CERTIFICATE OF OCCUPANCY for
PARCEL Aand/or LOT 2, TheOWNER shall complete the following:
A. Record these site plan conditions inthe Office ofthe Linn County Recorder.
B. Record in the Office of the Linn County Recorder adequate franchise Utility Easements
(both on-site and off-site as necessary) for the franchise utility companies to be able to
serve these proposed sites on PARCEL Aand LOT 2. These Utility Easements shall he
coordinated with the appropriate franchise utility companies providing service tothese
two sites, and reviewed and approved by-the CITY.
C. Establish a Shared Storm Water Detention Pond Easement Exhibit and Agreement for
the detention pond located onLOT 2. The storm water detention pond shall be
privately owned and maintained by the OWNER, and shall serve both LOT 2 and PARCEL
A. This Easement Exhibit and Agreement shall be recorded in the Office of the Linn
County Recorder, after being reviewed and approved bythe CITY.
D. Provide the final design and drainage report for the Private Storm Water Detention
Pond, and construct the detention pond per the approved site plan of improvements.
An engineer licensed in the State of Iowa shall provide certification that this private
storm water detention pond is constructed per the approved site plan of improvements
and the approved drainage report.
E. Record all other on-site and off-site Easement Exhibits and Agreements shown on these
site plans inthe Office ofthe Linn County Recorder. These easement exhibits and
agreements shall bereviewed and approved bythe CITY.
F. Provide tothe CITY certification by civil engineer licensed inthe State of Iowa verifying
that the building structure on each of these two Lots is at least 1.0 foot above the 100-
year flood plain elevation for the adjacent creel<. The OWNER shall provide tothe CITY
the 100'yearf|uod plain elevations (established by civil engineer licensed inthe State
of Iowa) along this creek running adjacent to the west side of these two lots.
G. Provide a minimurn of Four (4) inches of topsoil over the entire disturbed site for both
properties and any off-site disturbed areas aswell. The 4inches oftopsoil shall be
placed in all areas where buildings and other permanent hard surfacing ix not placed.
I THAT PRIOR TO THE ISSUANCE OF A PLUMBING PERMIT for PARCEL A, Fhe OWNER shall pay
to the CITY the Sanitary Sewer Connection Fee that the CITY has established for Parcel A,
Plat ofSurvey No. 2111. This fee shall be $l,162.04for the Z.O2'ac/eparcel.
3. THAT PRIOR TO THE ISSUANCE OF A TEMPORARY OR FINAL CERTIFICATE OF OCCUPANCY for
LOT 2, The OWNER shall vacate the existing Access Easement along the north property line
of LOT 2, and establish, dedicate, and record in the Office of the Linn County Recorder a
new 30' Access Easement along the south property line of LOT 2.
4. A maximum of two separate private wells shall be allowed to serve PARCEL A and LOT 2.
These two private wells shall serve no more than 49 total combined employees on PARCEL
Aand LOT 2. Atthe point inwhich the total combined number ofemployees nnPARCEL A
and LOT 2 reaches 50, or these two wells become inadequate to serve PARCEL A and LOT 2,
then the OWNER shall install public water main improvements UNPARCEL A and LOT 2, and
connect tuthe OTYs public water main system per Condition No. 5 herein.
A. Any structure requiring service from said vve||s shall be connected directly tothe well
and not though an existing building. This service shall include a City standard water
shutoff and separate service line from the well to the building, details ofservice line
shall be as stated in the utility notes section of the site plan.
B. Water usage in each building shall be metered by City installed water meters in order to
obtain usage for sanitary sewer fees.The City shall be notified to install meters and
sanitary sewer usage will not be used prior to installation ofCity water meters. ACity of
Fairfax utility account will be established for each building with sanitary sewer service
and/or city water service and monthly fees will be paid to the City of Fairfax. The
accounts, billing, and administration of these City of Fairfax utility accounts and utility
service lines will follow all rules and regulations as established by the City of Fairfax.
S. PARCEL A and/or LOT 2 shall NOT be combined with any other properties, subdivided, split
by a plat of survey, or legally altered by any other means until the following occurs:
A. PARCEL Aand/or LOT 2are final platted per the C|TYsCode ofOrdinances and
subdivision / development standards and the laws of the State of Iowa.
B. Public street right-of-way is established and dedicated to the CITY, at no cost tothe
CITY, and a public street (EaQ|evievv Drive) is constructed within said right-of-way south
of PARCEL A and LOT 2, from Highway 1.51 to the south property lines of PARCEL A and
LOT 2.
C. A minimum 60-foot wide Public Right-of-Way is established and dedicated to the CITY,
atnocosttoLheOTY, forEag|evievvDrivefromthesouthproperty |ineofPARCEL4
and/or LOT 2, through these two properties to the north property line of PARCEL A
and/or LOT 2.
D. Public Improvements shall be designed and constructed in accordance with the CITY's
Development Standards, the OTY'sCode ufOrdinances, and the Cedar Rapids
Metropolitan Area Design Standards and Specifications for both PARCEL A and LOT 2,
including the public improvements for the areas of the two current proposed site plans.
These public improvements shall include, but are not limited to the following:
a. The Public Sanitary Sewer shall be extended tuserve this site, particularly
PARCEL Aand Parcel 8, P.O.S. No. 2111. XSanitary Sewer Easement shall be
established as necessary and dedicated to the CITY for this public sanitary sewer
sysicno. All sanitary sewer scrvice(s) extended from the C|TY'ssanitary sewer
main, located west ufLOT 2, and extended through LUT2ioservice PARCEL A
shall be disconnected, plugged arid abandoned, and the sanitary sewer service
easernent/s\ for the sanitary sewer service line(s) which cross LOT2shall be
vacated.
b. Public water main shall be installed along the street right-of-vvayfor Eag|eview
Drive from the south property line of LOT to the north property lines of LOT
and PARCEL A. The OWNER shall connect this on-site public water main system
to the C|TY's public water main system that is extended to the property lines of
PARCEL A and LOT 2. Prior toconnecting the public water main system on
PARCEL Aand LOT 2tothe OTY'spublic water main system, the OWNER shall
disconnect the public water mainsystem onPARCEL Aand LOT 2from the
private well or wells serving these two properties, and the OWNER shall pay to
the CITY the appropriate water main connection and tapping fee that the CITY
establishes for these two properties atthat time.
c. The OWNER shall dedicate aminimum of60' ofpublic street right-nf-vvny
(R.8.VV] to the CITY from the south property lines ofLOT 2 and PARCEL Atothe
north property lines ufLOT 2and PARCEL A. This RD.VV. shall bededicated to
the CITY atnocost tVthe CITY. The OWNER shall construct the Street /EoQ|evievv
Drive) per the CR Metropolitan Area Design Standards and Specification fora
commercial collector street from the south property lines of LOT 2 and PARCEL
to the north property lines ofLOT 2 and PARCEL A. The OWNER yhd| provide
temporary turn-aroundatthe north end ofLOT 1and PARCEL 4(If Ea8|eview
Drive isnot installed immediately tothe north ofLOT 2and PARCEL A\. The
OWNER shall install public storm sewer along Eagleview Drive on-site, and from
EaO|evievv Drive tothe storm water detention pond per the CR Metropolitan
Area Design Standards and Specification, and shall establish the necessary storm
sewer and storm water drainage easement for the public storm sewer system
located between EuO|eviewDrive and the storm water detention pond. This
easement shall bededicated tothe CITY. The OWNER shall connect all private
storm sewers and sub-drains on PARCEL into the public storm sewer system.
The OWNER shall disconnect, plug and abandon all private storm sewer lines
located on LOT 2that serves PARCEL A, and vacate the storm sevvereasenoentb\
for the storm sewer line(s) which cross LOT 2.
6. The total number of employees for the two properties (PARCEL A and LOT 2) shall not
exceed 49total combined employees. Once the total combined number ofemployees on
these two properties reaches 50, the OWNER shall implement the requirements of
CONDITION No. 5 as listed herein. For the purpose of this agreement, an employee shall
constitute any person who is either employed by, or works on contract for the businesses
located onPARCEL Aand LOT 2otany point throughout the calendar year. |nJanuary of
each year, each of the businesses located on PARCEL A and on LOT 2 shall report their peak
number ofemployees throughout the previous calendar year tothe CITY. Atthe point
when the total combined number of employees on PARCEL A and LOT 2 reaches 50
employees, the CITY shall notify the OWNER in writing of this, and the OWNER shall have 18
months from the date of this letter to prepare the necessary documents and to construct
the public improvements per CONDITION No. Saslisted herein.
7. All buildings, infrastructure, and any other site improvements on PARCEL A and LOT 2 shall
be located toaccommodate the future public street right-of-vvay (Eag|eviee Drive) and
associated uti|hyeaaernents and setbacks through PARCEL Aand LOT2.
8. Access to PARCEL A and to LOT 2 from the adjacent property located immediately north of
said PARCEL A and said LOT 2 shall not be permitted until the following occurs:
A. Aminimum 6O4botwide Public Right-of-Way isestablished and dedicated tothe CITY
through PARCEL and LOT 2, per [8N0T|0N No S.D as listed herein; and
_
D. The Public Street /EaO|evievv Drive) and related infrastructure is constructed per
CONDITION No. Sfaslisted herein.
9. The OWNER has caused the subdivision of PARCEL A and Parcel B, Plat of Survey No. 2111.
Therefore, at the time that the owner of Parcel B, Plat of Survey No. 2111, requires public
sanitary sewer service, the OWNER shall construct the public sanitary sewer through LOT
and through PARCEL Aper the C|TYsdevelopment codes and the Cedar Rapids
Metropolitan Area Design Standards and Specifications to service Parcel B, Plat of Survey
No. 2111. The OWNER shall also dedicate the necessary easements-for this public sanitary
sewer tothe CITY atthe time ofthis public sanitary sewer extension.
10. Any buildings that are located within the 100--year flood plain shall not have a finished floor
located below the 1O0-year flood elevation at that building, unless o Letter qfMap Revision
due to Fill (L0MR'R is obtained prior to the construction of the building.
SITE PLANS
ACCEPTANCE OF CONDITIONS
|/VVo hereby agree tothe terms and conditions set out inthe foregoing CONDITIONS for
Parcel A, Plat of Survey No. 2.1.11 and Lot 2 of James Kurtz's Second Addition to Fairfax, Iowa,
and specifically agree to protect, defend, and hold the City of Fairfax harmless from any and all
damages or claims or claims for damages that might arise or accrue by reason of the City of
Fairfax passing a resolution entering into this Site Plans Conditions Agreement.
These CONDITIONS shall be binding upon the parties hereto and their heirs, successors,
and assigns, and the sale by the 0VVNEK/ Future Owners of all or any part of Parcel /\ Plat of
^ Survey No. 2111 and /or Lot 2 of James Kurtz's Second Addition to Fairfax, Iowa shall transfer
obligations nfthe OWNER/ Future Owners tothe Successor ininterest.
'
SOB4SK| REAL ESTATE, L.L.C.
8
B
Zachary H. Sobaski, Vice President/Secretary
STATE OF IOWA, COUNTY OF L|NN)
�`.
This instrument was acknowledged before meonthis day of \
, 2017 by Justin H. Snbaski, President /Treauurer nfSnbaski Real Estate, LLC and by
Zachary H. Sobaski, Vice President /Secreta