HomeMy WebLinkAboutRESOLUTION NO. 2017-36 RESOLUTION NO. 2017-36
RESOLUTION APPROVING A UTILITY EASEMENT
AGREEMENT BETWEEN SOBASKI REAL ESTATE, LLC AND
ALLIANT ENERGY
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 Utility Easement on Lot 2
and Parcel A to serve both Lot 2 and Parcel A; and
WHEREAS, Sobaski Real Estate,LLC has submitted a utility easement agreement
between Sobaski Real Estate LLC and Alliant Energy to the City of Fairfax; and
WHEREAS, Hall and Hall Engineers, has reviewed said Utility Easement
Agreement and has found said easement agreement to be in general conformance with the
approved commercial site plan.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Fairfax,
Iowa, approves said Utility Easement Agreement on part of Lot 2 and part of Parcel A for
Alliant Energy.
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 9t"day of May 2017.
AYES: Beer, Daly, Kell, Volk, and Wainwright
Burnell G. Frieden, Mayor
ATTEST:
Cyr hia Stimson, City Clerk/Treasurer
en•.kyuftY9 ''�
Doc ID: 022828170004 Type: GEN
Recorded: 05/12/2017 at 01:56:26 PM
Fee Amt: $22.00 Page 1 of 4
Revenue Tax: $0.00
Linn County Iowa
JOAN MCCALMANT RECORDER
BK9829PG652-655
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Prepared by: Cynthia A.M. Parker, Lynch Dallas, P.C., PO Box 2457, Cedar Rapids, lA 52406; (319) 365-9101
UTILITY EASEMENT AGREEMENT
This instrument is made this� day of Q \ 12017, by SOBASKI REAL ESTATE,
LLC, an Iowa limited liability company, GRANTOR, who is the owner in fee simple of the property described as
follows (the "Property") and as shown on the attached Exhibit A:
The North 8 feet of Lot 2 of James Kurtz's Second Addition to Fairfax, Linn
County, Iowa and the North 8 feet and East 8 feet of Parcel A of Plat of Survey
No. 2111 as recorded in Book 9703, Page 475, Office of the Recorder, Linn
County, Iowa.
GRANTOR does hereby grant to Alliant Energy a utility easement over said Property.
WHEREAS, the GRANTOR wishes to allow the installation, maintenance, repair and replacement of
private franchise utilities to serve 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 AND Parcel A, Plat of Survey No. 2111 as recorded in Book 9703 Page 475 of the
records of the Linn County, Iowa Recorder on November 17, 2016, being a part of Lot 1 of James Kurtz's First
Addition to Fairfax, Linn County, Iowa;
THEREFORE, the GRANTOR hereby dedicates to Alliant Energy, a perpetual and continual Utility
Easement for installation of and maintenance of private franchise utilities on the Property.
The GRANTOR further stipulates 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 nor will
be constructed or placed within said Easement.
The Easement and rights herein described shall be binding upon the GRANTOR, its heirs and assigns.
Dated this q day of l 2017.
SOBASKI REAL ESTATE, LLC
B,y1ustin Sobaski, President
STATE OF IOWA, COUNTY OF LINN) ss:
This instrument was acknowledged before me on the --�— day of. MC4kj , 2017, by Justin
Sobaski, as President of Sobaski Real Estate, LLC, an Iowa limited liability compan , 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.
M240,4� ,
LAURIE, GRAHAM, Notary Public i and for said State
Commission No.'797124
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EXHIBIT A
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