HomeMy WebLinkAboutRESOLUTION NO. 2017-38 RESOLUTION NO. 2017-38
RESOLUTION APPROVING A STORM SEWER FACILITIES
EASEMENT AGREEMENT BETWEEN SOBASKI REAL ESTATE
LLC AND THE CITY OF FAIRFAX
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 shared storm water detention
pond to be located at the southwest corner of Lot 2, and to serve both Lot 2 and Parcel A;
and
WHEREAS, the storm sewer facilities that outlets this shared storm water
detention pond is located on Parcel A, Plat of Survey No. 2082, which is immediately
adjacent to Lot 2, and is owned by the City of Fairfax; and
WHEREAS, Hall and Hall Engineers, has reviewed said Storm Sewer Facilities
Easement Agreement and has found said 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, approves said Storm Sewer Facilities Easement Agreement on part of Parcel A, Plat
of Survey No. 2082 for Sobaski Real Estate, LLC.
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 9"'day of May 2017.
AYES: Beer, Daly, Kell, Volk, and Wainwright
urnell G. Frieden, Mayor
ATTEST:
Qdr
Cyn is Stimson, City Clerk/Treasurer
e ,
II II I I I II I I I I II I I II III I I I II II Ilil I II
Doc ID: 022828190005 Type: GEN
Recorded: 05/12/2017 at 01:57:17 PM
Fee Amt: $27.00Page 1 of 5
Revenue Tax: $0.00
Linn County Iowa
JOAN MCCALMANT RECORDER
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EASEMENT FOR STORM SEWER FACILITIES
This EASEMENT FOR STORM SEWER FACILITIES ("Agreement") is made this �_ day
of , 2017, ("Effective Date"), between the CITY OF FAIRFAX, an Iowa
municipal corporation, rcol poration, ("GRANTOR") the owner of the following described property:
Parcel A, Plat of Survey No. 2082 as recorded in Book 9590, Page 76 of the Office of
the Linn County, Iowa Recorder
and
SOBASKI REAL ESTATE, LLC, an Iowa limited liability company, ("GRANTEE") the owner of a
shared storm water detention pond located on the following described property:
Lot 2, James Kurtz's Second Addition to Fairfax, Iowa, except the South 103 feet
thereof, and also excepting Parcel A, Plat of Survey No. 2082,
which is located immediately adjacent to Parcel A, Plat of Survey No. 2082; and
WHEREAS, storm sewer facilities have been constructed upon and under a portion of the above
real property owned by the GRANTOR to serve the shared storm water detention pond owned by the
GRANTEE; and
WHEREAS, the GRANTOR has agreed to give the GRANTEE a perpetual and continual easement
for the purpose of accessing, constructing, reconstructing, repairing, and maintaining said storm sewer
facilities upon a portion of the real property of the GRANTOR, for consideration of $1.00 and other valuable
considerations duly paid and acknowledged; and
WHEREAS, the GRANTEE has agreed to construct, reconstruct, repair, and maintain the above
real property and all improvements on said property that may be damaged or altered due to the presence of,
and / or the construction, reconstruction, and maintenance of said storm sewer facilities. This shall include,
but is not limited to the public sanitary sewer facilities on said property, pedestrian facilities on said
property, stream embankment erosion / protection on said property, and finish grading and the establishment
of vegetation on said property;
WHEREAS, the GRANTEE and any contractor or other agent employed by the
GRANTEE shall provide the GRANTOR insurance as reasonably required by the GRANTOR
when working upon a portion of the real property of the GRANTOR; and
WHEREAS, the GRANTEE agrees to protect, defend, and hold the GRANTOR harmless
from any and all damages or claims for damages that might arise or accrue due to the GRANTOR
allowing the GRANTEE to access, construct, reconstruct, repair, and maintain said storm sewer
facilities upon a portion of the real property of the GRANTOR.
THEREFORE, for the above consideration, the GRANTOR hereby grants unto
GRANTEE, and its assigns a perpetual and continual easement for the purpose of accessing,
constructing, reconstructing, repairing, and maintaining said storm sewer facilities upon and under
the following portions of the above described property as depicted on the attached Exhibit A and
legally described as follows:
A part of Parcel A of Plat of Survey No. 2082 as recorded in Book
9590, Page 76, Office of the Recorder, Linn County, Iowa
described as follows:
Commencing as a point of reference at the SE corner of said Parcel
A;
thence N28° 14'38"W along the east line of said Parcel A, 69.81
feet to the Point of Beginning;
thence S43°56'57"W, 86.18 feet;
thence N36°00'43"W, 30.47 feet to the west line of said Parcel A;
thence N43°56'57"E, 90.50 feet to said east line;
thence S28° 14'38"E along said east line, 31.51 feet to the Point of
Beginning, containing 0.06 acres.
The GRANTOR further agrees to erect no buildings, obstructions or other improvements
upon or under the property covered by this Easement which would interfere with the standard
function of said storm sewer facilities without first obtaining permission from the GRANTEE.
That, the GRANTOR and the GRANTEE both agree that this Agreement shall be binding
upon both Property Owners, their successors, and assigns and the sale by either Property Owner
of all or any part of said properties described above shall transfer obligations of the Property Owner
to the successor in interest.
GRANTOR
CITY OF FAIRFAX
urnell G. Frieden, Mayor DATE
ATTEST:
Cyn is Stimson, City Clerk / Treasurer
GRANTEE
SOBASKI REAL ESTATE, LLC
.111 , J"Z
tin Sobaski, President
STATE OF IOWA, COUNTY OF LINN) ss:
DATE
DATE
This instrument was acknowledged before me on the � day of Mi f / , 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.
f LAURIE J GRAHAM -
commission No. 797124 Notary Public i and for said State
m�P- My Commission Expires
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