HomeMy WebLinkAboutRESOLUTION NO. 2017-41 RESOLUTION NO. 2017-41
RESOLUTION APPROVING A PRIVATE WELL AND WATER
SERVICE LINE 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 Private Well and Water
Service Line to be located on said Parcel A, and serves both Parcel A and Lot 2; 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 Well and Water
Service Line 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 Well and Water Service Line Easement Agreement on part of
Parcel A 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
m
urnell G. Frieden, Mayor
ATTEST: •���
ia Stimson, City Clerk/Treasurer
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Doc ID: 022828220004 Type: GEN
Recorded: 05/12/2017 at 02:00:34 PM
Fee Amt: $22.00 Page 1 of 4
Revenue Tax: $0.00
Linn County Iowa
JOAN MCCALMANT RECORDER
BK9829PG673-676
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Prepared by: Cynthia A.M. Parker, Lynch Dallas, P.C., PO Box 2457, Cedar Rapids, IA 52406; (319) 365-9101
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PRIVATE WELL AND WATER SERVICE LINE EASEMENT AGREEMENT
THIS PRIVATE WELL AND WATER SERVICE LINE EASEMENT AGREEMENT
("AGREEMENT"), made and entered into thisq day of M6i t , 2017, ("Effective Date") by
SOBASKI REAL ESTATE, LLC, an Iowa limited liability cot parry ("OWNER"), who is the owner in
fee simple of the properties described as follows:
WHEREAS, OWNER is titleholder to the following described real estate located in Linn County,
Iowa, hereinafter referred to as "Parcel A":
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.
WHEREAS, OWNER is also titleholder to the following described real estate located in Linn County,
Iowa, hereinafter referred to as "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.
WHEREAS, Parcel A and Lot 2 are adjacent to one another and the OWNER is interested in procuring
a Joint Well Agreement for the maintenance of a well system, which said well is located on Parcel A as depicted
on the attached Exhibit A and legally described as follows:
A part of Parcel A of Plat of Survey No. 21 1 1 as recorded in Book 9703, Page 475,
Office of the Recorder, Linn County, Iowa described as follows:
Commencing as a point of reference at the NW corner of said Parcel A;
thence S02°38'09"E along the west line of said Parcel A, 15.43 feet to the Point of
Beginning;
thence N87°21'51 "E, 35.00 feet;
thence S02°38'09"E, 20.00 feet;
thence S872F51 "W, 35.00 feet to said west line;
thence NO2°38'09"W along said west line, 20.00 feet to the Point of Beginning,
containing 700 square feet.
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W EXHIBIT A
ONGINEERING INC
WHEREAS,OWNER further desires to provide for the terms of use of said well,the paying of utilities
to operate said well and the cost of keeping, maintaining and repairing said well and the lines leading to and
from.said well;and
WHEREAS, OWNER, for good and valuable consideration and mutual promises contained herein,
the receipt of which is hereby acknowledged by the parties,the parties hereby agree as follows:
1. Only the two (2) properties, Parcel A and Lot 2, described above, shall use the water well
located on Parcel A and no further parties shall be allowed to hook up to this well without the parties'
permission and consent. Such use shall be limited to commercial purposes only.
2. That the owner of Parcel A shall incur any and all expenses for maintenance, upkeep and
repair of the water system. The water system shall be defined as:the well,well pump,pressure tank,controls.,
related equipment and pipe lines which run from the well to the water reservoir beneath the well.
3. Notwithstanding the foregoing, the owner of Parcel A shall be responsible for the
maintenance,upkeep and repair of the pipe line leading from the well to the commercial buildings located on
Parcel A and Lot 2.
4. An easement is granted to each of the owner of Parcel A and Lot 2 from the other,across each
of their respective parcels for the purpose of maintenance,repair and upkeep of the well,well system and pipe
lines leading to and from said well, said easement being five (5) foot on either side of the pipe waterlines
running from the well located on Parcel A. Said easement shall not interfere with any structure.
5. This Agreement shall run with the land and shall be binding upon the heirs and assigns of the
owners and all successors in interest.
SOBASKI REAL ESTATE,LLC
B ustin Sobaski, President
STATE OF IOWA, COUNTY OF LINN)ss:
This instrument was acknowledged before me on the q day of a y 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.
Notary Public in Vnd for said State
^WA, LAME J GRAN A
!� Commission No. 7571241
A. My Commission Expires