HomeMy WebLinkAboutRESOLUTION NO. 2017-37 RESOLUTION NO. 2017-37
RESOLUTION APPROVING A UTILITY EASEMENT
AGREEMENT BETWEEN RONALD C. HILTON 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 to serve
both Lot 2 and Parcel A through and above part of Parcel B, Plat of Survey No. 2111
(Parcel B); and
WHEREAS, Sobaski Real Estate, LLC has submitted a utility easement agreement
between Ronald C. Hilton 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 for the Utility Easement located on part
of Parcel B 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:
Cy#a Stimson, City Clerk/Treasurer
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Doc ID: 022828180003 Type: GEN
Recorded: 05/12/2017 at 01:56:49 PM
Fee Amt: $17.00 Page 1 of 3
Revenue Tax: $0.00
Linn County Iowa
JOAN MCCALMANT RECORDER
BK9829 PG856-658
222 ,
Prepared by: Cynthia A.M. Parker, Lynch Dallas, P.C., P07k ox 2457, Cedar Rapids, IA 52406; (319) 365-9101
UTILITY EASEMENT AGREEMENT
This instrument is made this \ 11�) day of \ —�.—_, 2017, by RONALD C. HILTON a/k/a
RONALD CHARLES HILTON, a single individual, 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 East 8 feet of the North 77 feet of Parcel B 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 Parcel B, 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 day of \ C� l _, 2017.
GRANTOR
onald C. Hilton a/k/a Ronald Charles Hilton
STATE OF IOWA, COUNTY OF LINN) ss:
This instrument was acknowledged before me on this
by Ronald C. Hilton a/k/a Ronald Charles Hilton.
LUCAS RAV GROUT
i Commission Number 780254
My Co issi n Expires
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2017,
34316-40 Fairfax m___,__G\43 4316-40 ADJACENT UTILITY Easement + _n;eAM, PJCOn
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EXHIBIT
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#' UTILITY EASEMENT