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Home My WebLink AboutRESOLUTION NO. 2017-40 RESOLUTION NO. 2017-40 RESOLUTION APPROVING A PRIVATE SANITARY SEWER SERVICE EASEMENT AGREEMENT BETWEEN LOT 2, 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 Private Sanitary Sewer Service to be connected to the City's public sanitary sewer main, which is located immediately west of and adjacent to Lot 2. Said Private Sanitary Sewer Service extends through said Lot 2, and serves said 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 Private Sanitary Sewer Service 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 Private Sanitary Sewer Service 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 // i 111111 ilii iii 11111 i i i 11111 ii i ilii i i iii 11111 ii ii iii i ii ilii Doc ID: 022828210004 Type: GEN Recorded: 05/12/2017 at 02:00:19 PM Fee Amt: $22.00 Page 1 of 4 Revenue Tax: $0.00 Linn County Iowa JOAN MCCALMANT RECORDER BK9829PG669-672 -A" 22 Prepared by: Cynthia A.M. Parker, Lynch Dallas, P.C., PO Box 2457, Cedar Rapids, IA 52406; (319) 365-9101 PRIVATE SANITARY SEWER SERVICE EASEMENT AGREEMENT This instrument is made this day of 2017, 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: 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 NE corner of said Lot 2; thence S02°38'09"E, 165.22 feet to the Point of Beginning; thence S02°38'09"E, 20.00 feet; thence S86°48'36"W, 264.79 feet; thence S31 °34'04"W, 95.45 feet; thence S54°04'04"W, 75.34 feet; thence S76°34'04"W, 17.27 feet to the east line of Parcel A, Plat of Survey No. 2084 as recorded in Book 9590, Page 76, Office of the Recorder, Linn County, Iowa; thence N12°43'32"W along said east line, 30.00 feet thence N76°34'04"E, 10.93 feet; thence N54°04'04"E, 89.54 feet; thence N3 1'34'04"E, 75.80 feet; thence N86°48'36"E, 275.45 feet to the Point of Beginning, containing 0.23 acres. WHEREAS, private sanitary sewer service facilities will be constructed upon and under the Property; and WHEREAS, the. GRANTOR wishes to allow the access to, installation, maintenance, repair and replacement of private sanitary sewer service facilities on the Property to serve 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 ("Parcel A"); 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. WHEREAS, the GRANTOR does hereby grant to owner of Parcel A, a perpetual and continual easement for the purpose of accessing, constructing, reconstructing, and maintaining said private sanitary sewer service facilities upon the Property. THEREFORE, for the above consideration, the GRANTOR hereby grants to the Owner of Parcel A, a perpetual and continual Private Sanitary Sewer Service Easement for the purpose of accessing, constructing, reconstructing and maintaining private sanitary sewer service facilities to be placed on, in and/or under the Property. The GRANTOR further agrees that no buildings, obstructions, or other improvements will be placed or erected upon or under the Property which would interfere with the use of the said private sanitary sewer service easement, without first obtaining written permission from the Owner of Parcel A. The Easement and rights herein described shall be binding upon the GRANTOR, its heirs' successors and assigns and the sale by the GRANTOR of all or any part of the property described above or adjacent thereto, shall transfer the obligations of the GRANTOR to the successor interest. Dated this day of , 2017. SOBASKI REAL ESTATE, LLC L�� 4// 14f -Justin Sobaski, President STATE OF IOWA, COUNTY OF LINN) ss: This instrument was acknowledged before me on the _ day of NqV , 2017, by Justin Sobaski, as President of Sobaski Real Estate, LLC, an Iowa limited Ability 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. yld fes JNotary Public4n and for said State LAURIE J GRAHAM Z. Commission No. 797124 2,," My Commission Expires 2-/Z- 12 N76° 34' 04"E N12'43'32"W 30,00' EXHIBIT A PRIVATE SANITARY SEWER SERVICE EASEMENT NW CORNER LOT2 JAMES KURTZ'S SECOND ADDITION FOUNDL,"REBAR N31* 34' 04"E 75.80' �k h 0� 0 S76° 34'04W ! 1727' P.O. S.It208 PARCEL A 4 P.O. S. #20811 PARCEL A NE CORNER LOT2 i w JAMES KURTZ'S SECOND ADDI RON H FOUND 5' REBAR W10PC #10679 30' INGRESS- _.,.._� 30' EGRESSEASEMENT FROM BOOK 3156 POB PA GE 266 S21 38'09 E !� 20 00' t N86° 96'36"E ?_75.95 .:, ,- JAMES KURTZ S 2ND 2 NORTH LINE SOUTH 103 FEET LOT 2 JAMES KURTZ'S 2ND ADDITION PROPRIETOR: SOBASKI REAL ESTATE, LLC SURVEYOR: SCALE: 1"= 100' 0 50 100 200 S86° 48' 36194' 264.79' PRIVATE SANITARY i SEWER SERVICE EASEMENT ! 0.23 Ac. 1 ! ! 4 ! 1 l 5 l i I l ! Private Sanitary Sewer Service Easement A pad 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 NE comer of said Lot 2 thence S02°38'09'E 165.22 feet to the Point of Beginning; thence S02°38'09'E 20.00 feet,' thence S86°9836'W, 264.79 feet; thence S31 °34'04'W, 95.45 feet; thence S54°04'04'7,, 75.34 feel; thence 876°34'04'W, 17.27 feet to the east line of Parcel A, Plat of Survey No. 2084 as recorded in Book 9590, Page 76, Office of the Recorder, Linn County, Iowa; thence N12143'32"W along said east tine, 30.00 feet thence N76°34'04"E 10.93 feet, thence N54°04'04"F, 89.54 feet; thence N31 °34'04"E 75.80 feet; thence N86°4836"E, 275.45 feet to the Point of Beginning, containing 0.23 acres. tCEL A TOFSURVE➢ 2111 30' INGRESS- ---1 30' EGRESSEASEMENT ! FROM BOOK 3156 PAGE 267 ! i BRAIN ENGINEERING, INC. 1540 MIDLAND COURT NE CEDAR RAPIDS, IOWA 52402 319-294-9424 NOTE: ALL MEASUREMENTS IN FEET AND DECIMALS THEREOF. OnAilA CIVIL •LANG GEVF.LGPMEN7 SURVEYING TRAN9PGRT0.TfON ENGINEERING, INCJ K:\Proj\434316-40 F&Nx Condos\EASEMENT DRAWING\434316-40 PRIVATE SANITARY SEWER SERVICE,dwq, 5%0/20173;05:10 PM, RICOH