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Home My WebLink AboutRESOLUTION NO. 2017-39 RESOLUTION NO. 2017-39 RESOLUTION APPROVING A SHARED STORM WATER DETENTION POND EASEMENT AGREEMENT BETWEEN LOT 29 JAMES KURTZ'S SECOND ADDITION TO FAIRFAX, IOWA AND PARCEL A, PLAT OF SURVEY NO. 2111 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 entirely on Lot 2, and to serve both Lot 2 and Parcel A; and WHEREAS, Sobaski Real Estate, LLC is the owner of both Lot 2 and Parcel A; and WHEREAS, Hall and Hall Engineers, has reviewed said Shared Storm Water Detention Pond 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 Shared Storm Water Detention Pond Easement Agreement on part of Lot 2 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 Burnell G. Frieden, Mayor ATTEST: Cynt is Stimson, City Clerk/Treasurer Doc ID: 022828200005 Type: GEN Recorded: 05/12/2017 at 01:59:50 PM Fee Amt: $27.00 Page 1 of 5 Revenue Tax: $0.00 Linn County Iowa JOAN MCCALMANT RECORDER BK9829PG664-668 U), 1l Prepared by: Cynthia A.M. Parker, Lynch Dallas, P'.C., PO Box 2457, Cedar Rapids, IA 52406;(319)365-9101 1` `t£3-7 (-,Lf UI`tip,'.. AGREEMENT TO PROVIDE SHARED STORM WATER DETENTION POND EASEMENT THIS SHARED STORM WATER DETENTION POND EASEMENT AGREEMENT ("Agreement"), is made and entered into as of this (�-- day of Max/ _, 2017 ("Effective Date"), by SOBASKI REAL ESTATE, LLC, as the Owner of adjacent pa •"cels of land situated in Fairfax, Iowa which are legally described below, and as shown on the attached Exhibit A. RECITALS WHEREAS, Sobaski Real Estate, LLC is the legal title holder to real estate legally described as follows ("Lot 2"): 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, Sobaski Real Estate, LLC is the legal title holder to real estate legally described as follows ("Parcel A"): 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 pursuant to a Warranty Deed recorded in Book 9718 Page 231 on December 6, 2016, records of the Office of the Recorder of Linn County, Iowa; WHEREAS, Sobaski Real Estate, LLC has provided for storm water mitigation and storm water quality for the site improvements to both Lot 2 and Parcel A by providing a single, shared storm water detention pond located entirely on Lot 2; and WHEREAS, the City of Fairfax, Iowa, in its Site Plan Conditions for Lot 2 and Parcel A, requires a Shared Storm Water Detention Pond Easement with a detention pond to be located on Lot 2 as shown on the attached Exhibit A. Said storm water detention pond is to be privately owned and maintained by the owners of Lot 2 and Parcel A, and shall serve both Lot 2 Owner (Grantor) and Parcel A Owner (Grantee); and WHEREAS, Sobaski Real Estate, LLC, as the Owner of both parcels, ("OWNER") by the merger of title, cannot grant an easement to itself, but agrees to provide an easement to Parcel A in the event it does sell Parcel A as it is presently platted. AGREEMENT NOW THEREFORE, in consideration of the foregoing recitals and the mutual promises, covenants, and conditions set forth in this Agreement, the sufficiency of which are hereby acknowledged, Sobaski Real Estate, LLC, as owner of Lot 2 ("GRANTOR") agrees to provide an easement to a potential purchaser of Parcel A ("GRANTEE") as follows: SOBASKI REAL ESTATE, LLC, an Iowa limited liability company, GRANTOR, does hereby grant its successors and assigns of Parcel A, GRANTEE, a storm water detention pond easement over and upon Lot 2. GRANTOR conveys unto GRANTEE the following Storm Water Detention Pond Easement: A part of Lot 2 of James Kurtz's Second Addition to Fairfax, Linn County, Iowa described as follows: Commencing as a point of reference at the NW corner of said Lot 2; thence S02°23'40"E along the east line of said Lot 2, 169.29 feet to the north corner of Parcel A, Plat of Survey No. 2084 as recorded in Book 9590, Page 76, Office of the Recorder, Linn County, Iowa; thence S 12°43'32"E, 8.00 feet to the Point of Beginning; thence N872 V51 "E, 92.48 feet; thence S15°02'53"E, 141.27 feet; thence S61 °39'42"E, 196.25 feet; thence S52°02'46"E, 97.03 feet; thence SOI °49'48"E, 83.00 feet to the south line of said Lot 2; thence S88'1 O'12"W along said south line, 257.03 feet; thence N28°14'38"W, 142.56 feet; thence N12°43'32"W, 256.90 feet to the Point of Beginning, containing 1.61 acres. Said shared storm water detention pond easement shall have the following conditions: 1. The purpose of this Shared Storm Water Detention Pond Easement is to provide storm water mitigation and storm water quality for Lot 2 and Parcel A. The maintenance of the storm water detention pond shall be shared by the owners of Lot 2 and Parcel A. 3. The property owners of Lot 2 and Parcel A agree to not place fill material, to erect no buildings, obstructions, or other improvements on the area reserved for shared storm water detention purposes. The property owners of Lot 2 and Parcel A shall be responsible to maintain a minimum 2 storm water detention volume in this shared storm water detention pond per the most recent site plan and drainage report for these two properties, as approved by the City of Fairfax. 5. The property owners of Lot 2 and Parcel A shall be responsible to maintain said shared storm water detention pond outlet structure, storm sewer discharge pipe, and overflow spillway to insure the maximum theoretical storm water release rate per the most recent site plan and drainage report for these two properties, as approved by the City of Fairfax, is not increased. 6. If the property owners of Lot 2 and Parcel A fail to maintain the volume and discharge as established in Paragraphs 4 and 5 above, or the property owners of Lot 2 and Parcel A fail to keep this shared storm water detention basin free of debris and mowed in accord with the City's Nuisance Ordinance, the property owners of Lot 2 and Parcel A, by this instrument give the City the right to access the property and perform maintenance as necessary. Cost of said maintenance shall be assessed against the properties and shall be a lien upon the Real Estate. The property owners of Lot 2 and Parcel A hereby agree to pay the amount which is thus assessed against the Real Estate, and said assessment shall have the same legal force and effect as if all legal formalities provided by law in such cases had been fully and faithfully performed and observed. The property owner of Lot 2 and Parcel A hereby expressly waives every objection to said assessment. 7. The property owner of Lot 2 agrees to pay taxes on all of the above-described property for the shared storm water detention pond easement to the City of Fairfax, Linn County, Iowa. 8. The property owners of Lot 2 and Parcel A agree to construct, reconstruct, repair and maintain the storm sewer, storm sewer outlet, and storm sewer outlet protection for this shared storm water detention pond that is located on Parcel A, Plat of Survey No. 2082 (see the separate storm sewer easement agreement between Sobaski Real Estate, LLC and the City of Fairfax). 9. This Agreement shall be binding upon the OWNER, its successors, and assigns and the sale by the OWNER of all or any part of said property described above shall transfer obligations of the OWNER to its successor in interest. IN TESTIMONY WHEREOF, the Parties have caused this Agreement to be executed as of the date of the last signature set forth below. DATED: �/ 9 / / % SOBASKI REAL ESTATE, LLC Justin Sobaski, President STATE OF IOWA; COUNTY OF LINN) ss: This instrument was acknowledged before me on the � day of MaV , 2017, by Justin Sobaski, as President of Sobaski Real Estate, LLC, an Iowa limited liability comp ny, 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. // `, N. LAURIE J GRAHAM Notary Publ in and for said State Commission Na 797124 My Commission Expires 3 A EXHIBIT A SHARED STORM WATER DETENTION POND EASEMENT o, NW CORNER 6 LOT2 JAMES KURTZ'S SECOND ADDITION W FOUND2"REBAR 4 v N 812'43'32'E 8.00' 92.48' 000 `1jY.�`7`73 :fir M 'K �, in t>�kacs N °ok I 2� Na P.O. S. #2( PARCEL A 4 Detention Basin basement u1 0 m NE CORNER LOT 2 I JAMES KURTZ'S SECOND ADDITION FOUND 8" REBAR W/OPC 00679 I 30'INGRESS- EGRESS EASEMENT FROM BOOK 3156 I PAGE 266 l I 1 JAMES 4 KURTZ'S I 2ND I F 257.03' NORTH LINE SOUTH 103 FEET LOT 2 JAMES KURTZS 2ND ADDITION A part of Lot 2 of James Kurtz's Second Addition to Fairfax, Linn County, Iowa described as follow: 30'INGRESS- --1 30' EGRESS EASEMENT I FROM BOOK 3158 1 PAGE 267 ` i WIN PARCEL A PLAT OF SURVEY No, 2111 PROPRIETOR: SOBASKI REAL ESTATE, LLC SURVEYOR: BRAIN ENGINE'E'RING, INC. 1540 MIDLAND COURTNE CEDAR RAPIDS, IOWA 52402 319-294-9424 Commencing as a point of reference of the NW corner of said Lot 2,• thence S02°2340'E along the east fine of said Lot 2, 169.29 feet to the north corner of Parcel A, Plat of Survey No. 2084 as recorded fn Book 9590, Page 76, Office of the Recorder, Linn County, Iowa; thence S12°4332"E, 8.00 feet to the Point of Beginning; thence N87°21'51'E 92.48 feet; 0 50 100 200 thence S15°02'53 E, 141.27feel, thence 361°3942"E, 196.25 feet, thence S52'02'46E, 97.03 feet,' thence S01°4948"E, 83.00 feet to the south line of said Lot 2 SCALE: 1 " = 1Q0' thence S88°10'12"W along said south line, 257,03 feet; thenceN28°1438",, 142.56 feet; thence N12°4332"W, 256.90 feet to the Point of Beginning, containing 1.61 acres. NOTE.' ALL MEASUREMENTS IN FEET AND DECIMALS THEREOF. b Drawing Title: 0 4a m o onA EXHIBIT A O ENGINEERING, INC K:\Pro)\434316-40 Fairfax Condos\EASEMENT DRAWING\434316-40 SHARED STORM WATER EASEMENT.d%vg, 5/812 01 7 3:13:12 PM, RICOH