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Home My WebLink AboutRESOLUTION NO. 2017-35 RESOLUTION NO. 2017-35 RESOLUTION APPROVING THE VACATION OF AN ACCESS EASEMENT ALONG THE NORTH PROPERTY LINE OF LOT 29 JAMES KURTZ'S SECOND ADDITION TO FAIRFAX, IOWA, AND THE DEDICATION OF AN ACCESS EASEMENT TO THE CITY OF FAIRFAX ALONG THE SOUTH PROPERTY LINE OF SAID LOT 2 WHEREAS, the City of Fairfax has considered a commercial site plan and two commercial buildings by Sobaski Real Estate, LLC on Lot 2, James Kurtz's Second Addition to Fairfax, Iowa(Lot 2)and on Parcel A, Plat of Survey No. 2111 (Parcel A); and WHEREAS, said commercial site plan provided for a commercial building to be located on and over a portion of the 30' wide Access Easement located along and parallel to the north property line of said Lot 2, making said Access Easement unusable; and WHEREAS,the owner of Lot 2, Sobaski Real Estate, LLC, has agreed to dedicate to the City of Fairfax a 30' wide Access Easement along and parallel to the north 30 feet of the south 133 feet of said Lot 2, excepting the East 30' Thereof and Parcel A, Plat of Survey No. 2082, in exchange for vacating the 30' wide Access Easement located along and parallel to the north property line of said Lot 2; and WHEREAS, Hall and Hall Engineers, has reviewed said Access Easement Agreement to vacate the 30' wide Access Easement along the north property line of said Lot 2, and to dedicate the 30' wide Access Easement along and parallel to the north 30 feet of the south 133 feet of said Lot 2, excepting the East 30' Thereof and Parcel A, Plat of Survey No. 2082,and has found said Access Easement Vacation and said Access Easement Dedication within the Access Easement Agreement to be in general conformance with the approved commercial site plan, and the general interests of the City of Fairfax. NOW,THEREFORE BE IT RESOLVED,that the City Council of Fairfax,Iowa Vacates the 30' wide Access Easement along the north property line Lot 2, James Kurtz's Second Addition to Fairfax, Iowa as part of this Access Easement Agreement. BE IT FURTHER RESOLVED, that the City Council of Fairfax, Iowa accepts the Access Easement along and parallel to the north 30 feet of the south 133 feet of said Lot 2, excepting the East 30' Thereof and Parcel A, Plat of Survey No. 2082, to be Dedicated to the City of Fairfax as part of this Access Easement Agreement. AND BE IT FURTHER RESOLVED, by the City Council of Fairfax, Iowa, that the Mayor and the City Clerk are hereby authorized and directed to execute said Resolution. Passed and approved this 9th day of May 2017. AYES: Beer, Daly, Kell, Volk, and Wainwright Burnell G. Frieden, Mayor ATTEST: + ! �t/"S.'Q✓ �` � Jir 6'�f€�L�'�/$'"�,....... :;,:-1�r(�rir9ra C`yy n `ia timson, City Clerk/Treasurer a � , Doc ID: 022828160008 Type: GEN Recorded: 05/12/2017 at 01:55:54 PM Fee Amt: $42.00 Page 1 of 8 Revenue Tax: $0.00 Linn County Iowa JOAN MCCALMANT RECORDER BK9829 PG644-651 b Lla R-1 U i,) A.. ldIlC+t 16-( 01/ha ryL 8lod, F �1r Prepared by: Cynthia A.M. Parker, Lynch Dallas, P.C., 5.*2 2 - Box 2457, Cedar Rapids, IA 52406; (319) 365-9101 ACCESS EASEMENT AGREEMENT THIS ACCESS EASEMENT AGREEMENT ("Agreement"), is made and entered into as of this __� _ day of M011 , 2017 ("Effective Date"), between SOBASKI REAL ESTATE, LLC, ("Grantor") and CITY OF FAIRFAX, an Iowa municipal corporation ("Grantee). RECITALS WHEREAS, Grantor is the legal title holder to real estate legally described as follows ("Parcel I"): Lot 2, James Kurtz's Second Addition to Fairfax, Iowa, except the South 103 feet thereof, also except Parcel A, Plat of Survey No. 2082, as recorded in Book 9590, Page 76 of the records of the Linn County, Iowa Recorder on July 13, 2016, being a part of Lot 2, James Kurtz's Second Addition to Fairfax, Linn County, Iowa pursuant to a Warranty Deed recorded in Book 9710 Page 401 on November 28, 2016, records of the Office of the Recorder of Linn County, Iowa; WHEREAS, Grantee is the legal title holder of real estate legally described as follows ("Parcel 2"): Parcel A, Plat of Survey No. 2082, as recorded in Book 9590, Page 76 of the records of the Linn County, Iowa Recorder on July 13, 2016, also described as: Part of Lot 2, James Kurtz's Second Addition to Fairfax, Linn County, Iowa as recorded in Book 1900, Page 202 in the office of the Linn County, Iowa Recorder described as follows: Beginning at the northwest corner of the south 103 feet of said Lot 2; thence N2024'16"W 387.82 feet along the west line of the southwest quarter of the northeast quarter of Section 9, Township 82 North, Range 8 West of the 5th principal meridian and the west line of said Lot 2; thence S 12°44'06"E 264.90 feet; thence S28° 15' 12"E 142.56 feet to the north line of said south 103 feet; thence S88009'44"W 109.66 feet along said north line to the point of beginning. WHEREAS, there is a recorded Amended Access Easement Agreement filed of record on November 28, 2016 at Book 9710, page 403 in the office of the Linn County Recorder in which the Grantee was given a perpetual, non-exclusive easement for its benefit over, upon and across the easterly thirty (30) feet and the northerly thirty (30) feet of Parcel 1. WHEREAS, the Grantor has requested the existing perpetual easement over the northerly thirty (30) feet ("North Property Line Easement") be vacated as shown on the attached Exhibit A in favor of a new thirty (30) foot perpetual easement along and parallel with the southern property line of Parcel 1 for ingress and egress to Parcel 2 to be described as follows ("South Property Line Easement") and as shown on the attached Exhibit B: The North 30 feet of the South 133 feet of Lot 2 of James Kurtz's Second Addition to Fairfax, Linn County, Iowa excepting the East 30 feet thereof and further excepting Parcel A of Plat of Survey No. 2082 as recorded in Book 9590, Page 76, Office of the Recorder, Linn County, Iowa; NOW THEREFORE, the parties have agreed to execute this Agreement as more fully set forth below. AGREEMENT FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Easement for Ingress and Egress. Contemporaneous with the vacation of the North Property Line Easement, as shown on the attached Exhibit A, by the Grantee, Grantor hereby grants to Grantee a perpetual, non-exclusive easement ("Access Easement") for the benefit of Parcel 2 and the owners thereof, for vehicular and pedestrian ingress and egress to and from Parcel 2 over, upon and across the North 30 feet of the South 133 feet of Lot 2 of James Kurtz's Second Addition to Fairfax, Linn County, Iowa excepting the East 30 feet thereof and further excepting Parcel A of Plat of Survey No. 2082 as recorded in Book 9590, Page 76, Office of the Recorder, Linn County, Iowa ("South Property Line Easement"), as shown on the attached Exhibit B. 2. Shared Use. The owner of Parcel 1 and the owner of Parcel 2 shall each have the right to use the Access Easement for the purposes set forth herein, and for any other purpose not inconsistent with the rights of the other party to use said Access Easement. Neither party shall make use of the Access Easement which will materially interfere with the use of said Access Easement by the other, or any other parties with access rights over the Access Easement. 3. Barriers. Except as may be reasonably necessary on a temporary basis, no walls, fences, gates, barriers or other improvements of any sort or kind shall be constructed or maintained in or on the Access Easement or any portion thereof by either party, which shall prevent or impair the use or exercise the Access Easement, or the free access and movement, including, without limitation, of pedestrian and vehicular traffic, over the Access Easement to Parcel 1 and Parcel 2. 4. Covenants Running with the Land. The right to use and exercise the rights and easements herein contained shall run with the land and inure to and be for the benefit of the parties hereto, their successors and assigns, and tenants, subtenants, licensees, mortgagees in possession, and invitees of such parties; and shall bind every person or entity having any fee, leasehold or other interest in any portion of Parcel 1 and Parcel 2 at any time or from time to time to the extent that such portion of those Parcels is affected or bound by such easements, or any other term or covenant of this Agreement. 5. Appurtenant Easement and Rights. Except as otherwise provided herein, each and all of the easements and rights granted or created herein are appurtenances to the affected portions of Parcel 1 and Parcel 2 and none of the easement and rights may be transferred, assigned or encumbered except as an appurtenance to such portions. 6. Miscellaneous. a. Obligations of Agreement. Except as otherwise provided herein, each and every covenant, undertaking, condition, easement, right, privilege and restriction made, granted or assumed, as the case may be, by any party to this Agreement, is made by such party for the personal benefit of the other parties hereto. Any transferee of either Parcel 1 and Parcel 2, or any portion thereof, shall automatically be deemed, by acceptance of title to such parcel, to have assumed all the obligations of this Agreement relating thereto, but only to the extent such obligations of this Agreement accrue after the effective date of such transfer of title. b. Amendment and Modification or Termination. This Agreement may be amended by, and only by, a written agreement signed by all of the parties that are then subject hereto and shall be effective only when recorded in Linn County, Iowa. C. Governing Law_ This Agreement shall be construed in accordance with the laws of the State of Iowa. d. Construction. Words and phrases herein, including acknowledgement hereof, shall be construed as in the singular or plural number, and as masculine, feminine, or neuter gender according to the context. The captions preceding the Sections are inserted only as a matter of convenience and for reference purposes and should not be considered substantive or relied upon in interpreting any provision of this Agreement. This Agreement shall be considered to have been jointly drafted by the parties. 7. Constructive Notice. The parties shall take all reasonable steps necessary to insure that their respective successors, assignees, transferees, and occupants have knowledge of all the terms and conditions of this Agreement. GRANTOR SOBASKI REAL ESTATE, LLC Justin Sobaski, President STATE OF IOWA, COUNTY OF LINN) ss: By Burnell G. Frieden, Mayor Attest: C , thia Stimson, City Clerk/Treasurer This instrument was acknowledged before me on the-9—day of MQ y , 2017, by Justin Sobaski, as President of Sobaski Real Estate, LLC, an Iowa limited liability company, known to me to be the same person named in and who executed the foregoing agreement and acknowledged that he executed the same as his voluntary act and deed on behalf of said corporation. Notary Publi m and for said State LAURIE J GRAHAM Commission No. 797124 z°. ' My Commission Expires % -1;k / !2 Notary Publi m and for said State I■I rJAMES 30'AMENDED ACCESS EASEMENT RECORDED BOOK 9710 PAGE 403 NE CORNER TO BE VACATED LOT2JAMES KURTZS SECOND ADDITION SECOND ADDITION FOUNDe"REBARW/OPC#10679 R 30' INGRESS- �.....I 30' EGRESS EASEMENT I FROMBOOK 3156 PAGE 266 I I { I JAMES KURTZ'S 2ND 2 I { I I i I I I I I I I P.O. S. #208 PARCEL A ZNORTH LINE SOUTH 103 FEET LOT 2 JAMES KUR7Z'S 2ND ADDITION P.O. S. #2081 PARCEL A I PROPRIETOR: SOBASKI REAL ESTATE, LLC SCALE: V'= 100' 0 50 100 20 Access Easement to be Vacated The North 30 feet of Lot 2 of James Kurtz's Second Addition to Fairfax, Linn County, Iowa. PARCEL A 2.02 Ac. X00 0� �o• z" REBAR f PARCEL B 30' INGRESS- --�I 30 '�"` 1. 0 % Ac. EGRESS EASEMENT FROM BOOK 3156 PAGE 267 { SURVEYOR: BRAIN ENGINEERING, INC. 1540 MIDLAND COURT NE 0 CEDAR RAPIDS, IOWA 52402 319-294-9424 NOTE: ALL MEASUREMENTS IN FEET AND DECIMALS THEREOF. 0 17 urow6ly uue: —1�1 w o EXHIBIT A ENGINEERING. ACCESS ACCESS EASEMENT TO BE VACATED NW CORNER LOT2 JAMES KURTZ'S SECOND ADDITION FOUNDI,"RFSAR ACCESS EASEMENT NE CORNER LOT2 JAMES KURTZ'S SECOND ADDITION FOUND e" REBAR W/OPC #10679 30' INGRESS- I 30' EGRESS EASEMENT FROM BOOK 3156 PAGE 266 JAMES 1 KURTZ'S 2ND 2 i 30 -foot Access Easement to be Created. The North 30 feet of the South 133 feet of Lot 2 of James Kurtz's Second Addition to Fairfax, Linn County, Iowa excepting the East 30 feet thereof and further excepting Parcel A of Plat of Survey No. 2082 as recorded in Book 9590, Page 76, Office of the Recorder, Linn County, Iowa PARCEL A 2.02 Ac. c AA� ON P.O.S. 4 PARCEL A P _O. S. #20811 i 30' ACCESS EASEMENT — — — NORTH LINE SOUTH 103 FEET LOT 2 JAMES KURTZ'S 2ND ADDITION I 30' INGRESS- 30' EGRESS EASEMENT FROM BOOK 3156 PAGE 267 1 z"REBAR PARCEL B 1.01 Ac. PROPRIETOR: SOBASKI REAL ESTATE, LLC SURVEYOR: BRAIN ENGINEERING, INC. LE: 1 " 100' 1540 MIDLAND COURT NE SCA 0 A 100 200 CEDAR RAPIDS, IOWA 52402 319-294-9424 NOTE: ALL MEASUREMENTS IN FEET AND DECIMALS THEREOF. Drawing Title: BRAN i i LANA "NC 30' ACCESS EASEMENT