HomeMy WebLinkAboutRESOLUTION NO. 2018-43 RESOLUTION NO. 2018-43
RESOLUTION APPROVING THE REVISED PRELIMINARY PLAT AND
REVISED PRELIMINARY PLAT CONDITIONS OF HEARTLAND
HEIGHTS ADDITION IN THE CITY OF FAIRFAX, LINN COUNTY,
IOWA
WHEREAS, a Revised Preliminary Plat of Heartland Heights Addition in the City of
Fairfax, Linn County, Iowa has been submitted to the City of Fairfax by Emily Volesky with
Shive Hattery Architecture and Engineering, on behalf of Gordon C. Sevig, Shirley A. Sevig,
and Bruce G. Sevig; and
WHEREAS, Revised Preliminary Plat Conditions, by and between Gordon C. Sevig,
Shirley A. Sevig, and Bruce G. Sevig and the City of Fairfax for said Heartland Heights Addition
has been prepared as part of the Heartland Heights Revised Preliminary Plat Documents; and
WHEREAS, Hall and Hall Engineers, Inc. has reviewed said Revised Preliminary Plat of
Heartland Heights Addition in the City of Fairfax, Linn County, Iowa, and the Conditions for
said Revised Preliminary Plat for the Heartland Heights Addition, and has found said Revised
Preliminary Plat and Revised Preliminary Plat Conditions to be in the general conformance with
the City's Land Use Plan and the City's long-term plan for development in this area; and
WHEREAS, Hall and Hall Engineers, Inc. has recommended approval of said Heartland
Heights Revised Preliminary Plat and the Heartland Heights Revised Preliminary Plat
Conditions.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fairfax,
Iowa, that the Revised Preliminary Plat of Heartland Heights Addition in the City of Fairfax,
Linn County, Iowa and the Revised Preliminary Plat Conditions for said Heartland Heights
Addition are hereby acknowledged and approved on the part of the City of Fairfax, Linn County,
Iowa.
BE IT FURTHER RESOLVED, by the City Council of Fairfax, Iowa, that the Mayor
and the City Clerk/Treasurer are hereby authorized and directed to execute said Resolution.
Passed and approved this 10th day of July, 2018.
AYES: Otto, Daly, Kell, Wainwright, and Volk
NAYS: None
Burnell G. Frieden, Mayor
ATTEST: P,
Cy Chia Stimson, City Clerk/Treasurer "y
b
" �saha
CONDITIONS for the Revised Heartland Heights Preliminary Plat in the City of Fairfax, Linn
County, Iowa:
All Conditions for the original Approved Preliminary Plat for the Heartland Heights
Development (Approved by City Council, Resolution No. 2016-43 on May 27, 2016) shall apply
unless specifically revised or removed as part of these Conditions for the Revised Preliminary
Plat for the Heartland Height Development.
1. REMOVE CONDITION 8 FROM THE PRELIMINARY PLAT CONDITIONS AS APPROVED WITH
RESOLUTION NO. 2016-43.
2. The next Heartland Heights Addition with developable Lots shall include the construction of
Beverly Road to the northwest corner of said Addition. With each of the following Additions
Beverly Road shall be constructed to the northwest corner of said Addition until Beverly Road is
fully constructed to the westerly limits of Heartland Heights Second Addition.
3. The first Addition following the full development of the Heartland Heights Additions located
between Heartland Heights First Addition, Heartland Heights Second Addition, and Beverly Road
shall include the extension of Bridgewood Drive north of Beverly Road to Oakbrook Drive,the
extension of Oakbrook Drive from Bridgewood Drive to Eagleview Drive, and the extension of
Eagleview Drive to 80th Street. To Serve this Addition,the sanitary sewer trunk line will likely
have to be extended along the east side of Outlot D and Outlot E to the north side of the Existing
Gas Main Easement.
4. The Owner shall dedicate Outlot N (Adjacent to Morgan Street)to the City for the purpose of
Storm Water Conveyance.
5. REVISE CONDITION 11 AS APPROVED WITH RESOLUTION NO. 2016-43 AS FOLLOWS: The Owner
shall sell Outlot's B, F, and G to the City of Fairfax for the purpose of public open space and/or
public facilities, if and when determined necessary by the City. The Owner shall sell these
parcels to the City at a reduced price of 75%of the price that the surrounding, similar developed
lots are being sold for at the time of the purchase.
6. REMOVE CONDITION 13 FROM THE PRELIMINARY PLAT CONDITIONS AS APPROVED WITH
RESOLUTION NO. 2016-43.
7. The Owner shall install the trail that runs from Beverly Road to the north side of the Heartland
Heights development and is located along the east side of Outlot D, crosses Heartland Street,
and runs along the east side of Outlot E. The City shall reimburse the Owner for 50%of the
granular subbase and paving costs for this trail.
8. AMEND CONDITION NO. 15 FROM THE PRELIMINARY PLAT CONDITIONS AS APPROVED WITH
RESOLUTION NO. 2016-43 AS FOLLOWS:
o The Owner shall install the trail located along the south, west and north sides of the two
storm water detention ponds located on Outlots C and D. The City shall reimburse the
Owner for 100%of the granular subbase and paving costs for these trails
9. The trail and associated pedestrian bridge located along the south and west sides of the pond in
Outlot C shall be designed, constructed and accepted by the City by December 31, 2022. The
sanitary sewer trunk line located along the south, west, and north sides of this same pond in
Outlot C shall also be designed, constructed and accepted by the City by December 31, 2022.
10. REMOVE CONDITION 16 FROM THE PRELIMINARY PLAT CONDITIONS AS APPROVED WITH
RESOLUTION NO. 2016-43.
11. REMOVE CONDITION 17 FROM THE PRELIMINARY PLAT CONDITIONS AS APPROVED WITH
RESOLUTION NO. 2016-43.
12. AMEND CONDITION NO. 20 FROM THE PRELIMINARY PLAT CONDITIONS AS APPROVED WITH
RESOLUTION NO. 2016-43 BY ADDING THE FOLLOWING TO THE END OF THIS CONDITION:
o The Overall Owner Participation in the 80th Street Improvements is based upon the
$2,100 per acre (in 2016 dollars) over the entire Heartland Heights development, which
is approximately 388.74 acres. This totals$816,400 in 2016 dollars. If the total number
of single family, multi-family, and/or commercial lots changes within the overall
proposed Heartland Heights development,then prior to the last couple of Additions
within Heartland Heights, the owner and the City shall review these participation fees
for the 80th Street improvements to ensure that the owner is not paying the City more
or less than the $816,400 (in 2016 dollars).
13. AMEND CONDITION NO. 25 FROM THE PRELIMINARY PLAT CONDITIONS AS APPROVED WITH
RESOLUTION NO. 2016-43 TO THE FOLLOWING:
o The existing field entrance located between Lot 1 and 80th Street shall be reduced in size
and maintained in place as an access for franchise utilities to reach their facilities
located at the northeast corner of Lots. Other than for emergency access purposes, no
one other than the franchise utility companies, and/or their representatives,who own
these facilities on Lot 1 shall utilize this access from 80th Street.
14. The City and the Owner shall share in the costs(50%each)for the following items:
o The pedestrian bridge over the stream located at the outlet of the pond in Outlot C.
o The design of the wetland and native grasses in Outlot C,the wetland and native grass
plantings and seeding, and the monitoring and maintenance of these plantings and
seedings for a period of 3 years after they are installed.
o The fuel for the dewatering necessary to install the wetland plantings and seeding. The
City may provide a pump, fuel, and associated labor for this dewatering item in
exchange for cost sharing of this item.
The City's share in these items is anticipated to be approximately$108,000 in 2018 dollars.
15. When the off-site property located south of Tate Court East and Tate Court West develops and
connects lots to these two streets, the south property owner/developer shall participate in the
infrastructure and street costs of Tate Court East and Tate Court West. The details of this
participation shall be determined at the time that this participation becomes necessary.
Heartland Heights Subdivision in the City of Fairfax, Linn County, Iowa
REVISED PRELIMINARY PLAT— HEARTLAND HEIGHTS ADDITION
ACCEPTANCE OF CONDITIONS
Approved with City Resolution No. 01 "G
I/We hereby agree to the terms and conditions set out in the foregoing Resolution for
the Heartland Heights Revised Preliminary Plat, and specifically agree to protect, defend, and
hold the City of Fairfax harmless from any and all damages or claims or claims for damages that
might arise or accrue by reason of the granting of the petition and the passage of this
resolution.
These Conditions shall be binding upon the parties hereto and their heirs, successors,
and assigns, and the sale by the Owner of all or any part of the Heartland Height Subdivision,
shall transfer obligations of the Owner to the successor in interest.
GORDON C. SEVIG
By 17, J
(O ner) (Date)
SHIRLEY A. SEVIG
By
(Owner) (Date)
BRUCE G. SEVIG
(Owner) (Date)
`
DOC ID: 0233767 0032 TYPe: Gcp34 AM
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RIIAUIIIIJ
475-7jq md
OWNER'S CERTIFICATE
KNOW ALL MEN BYTHESE PRESENTS: That Iowa Lot Development, LLC. the owner of
all the land included in HEARTLAND HEIGHTS SECOND ADDITION |NTHE CITY OFFA|RFAX.
L|NN COUNTY. |(}VVA has caused a survey and subdivision of said land to be made, the lots and
streets to be nnarknd, named and nurnbeped, as shown by a Plat dated May 7' 2018. and the
Certificate Of VV@do D. VVannPe Licensed Land Surveyor, both of which documents are attached
h8reto, to the end that the same may be recorded and hereafter designated and known an
HEARTLAND HEIGHTS SECOND ADDITION |NTHE CITY OFFA|RFAX. L|NNCOUNTY, IOWA.
And the said, Iowa Lot Development, LLC. does hereby acknowledge the subdivision to be
by it's free consent and in accordance with it's desires, and does hereby set apart private easements
for the purposes ohnvxn on the final plat and does dedicate to public use all the |aDU shown as public
utility easements for the purposes shown on the final plat or described in said Certificate.
All lands within the plat that are designated for streets, more specifically Lot '/\' (Heartland
Street) is now being dedicated to the Public for street Right of Way by the owner.
Iowa. Lot Development, [[C,
Shane A. Schrader, Member - Manager
STATE OF IOWA, [INN COUNTY, ss:
]L
\'
This iOStR]DlePtwas acknowledged before me on the 24 day of
7018 hVSHANE /\. SCHR/\[)ER. as 8 M8Dlb8FM8OagerD| Iowa Lot DeVeR]pDleDt. LLC..
DAVID R.STUER
:ron
Notary Public r-COMMW810r;Number M252
March 23,2021
+y`'^ .
p [/`^ �
SURVEYOR'S CERTMCA'I E
HEARTLAND HEIGHTS SECOND ADDI`T'ION IN THE CITY OF FAIRFAX, LINN COUNTY, IOWA,
is described as follows:
LAND DESCRIPTION:
Part of the S 1/2 of the SW 1/4 of Section 4,T82N, R8W of the 5°i P.M., Part of Parcel `A', Plat of Survey
No.2094,and all of Parcel `A' Plat of Survey No. 2234, in the City of Fairfax, Linn County, Iowa more
particularly described as follows:
Beginning at the Southwest Corner of Lot 79, I leartland Heights First Addition in the City of Fairfax, Linn
County, lowa;'Thence S 88'10'2 1" W along the South line of Parcel `A', Plat.of Survey No.2094 and also
being South line of Section 4,'T'82N, R8W a distance of 136.72 feet;Thence N 01"49'39" W a distance of
75.69 feet;Thence N 27°08'32" E a distance of 180.74 feet;Thence Northwesterly a distance of 104.73
feet;along the are of a 230.00 foot radius curve concaved Northeasterly(Chord bears N 43'49'18"W a
distance of 103.83 feet);Thence S 62°35'26"W a distance of 179.18 feet;Thence N 11'17'26" W a
distance of 259.34 feet;Thence N 24'19'13"W a distance of 235.18 feet;"Thence N 09'10'29" W along a
West line of Parcel `A' Plat of Survey No.2234 in the City of'Fairfax, Linn County, Iowa a distance of
368.13 feet;Thence N 01°01'52"W along a West line of said Parcel `A'to the Northwest Corner of said
Parcel `A' a distance of 220.86 feet;Thence N 88°25'42" F along the North Fine of said Parcel `A' to the
Northeast Corner of said Parcel `A' a distance of 444.67 feet;Thence S 01°47'09" E along a East:line of
said Pareet`A' a distance of 522.37 feet;Thence S 04'12'20" E along a East line of said Parcel `A' to the
Southeast Corner of said Parcel `A' also being the Northwest Corner of I...ot 75 of said I leartland I leights
First Addition a distance of 104.01 fcct;'Thence S 08°37'34"E along the West line of'said Lot 75 a
distance of 102.81 feet;Thence S 08°25'53" 17 along the West line of Lot 76 of said Heartland Heights First
Addition a distance of 103.70 feet;Thence S 00°03'37"E along the West line of Lots 77&78 of said
Heartland Heights First Addition to the Southwest Corner of said Lot 78 a distance of 190.74 feet;Thence
Southeasterly along a South line of said Lot 78 a distance of 32.81 feet along the are of a 170.00 foot radius
curve concaved Northeasterly(Chord bears S 72°02'59"E a distance of 32.76 feet);Thence
S 07°09'58" W along a West line of I..,ot`B' and East line of said Lot 79 to the Point of Beginning a
distance of 260.75 feet,
Said Parcel contains 9.98 acres,subject to easements and restrictions of record.
Said HEARTLAND 1IEIG1ITS ST:;COND ADDITION is divided into Twenty(20)numbered lots,
numbered consecutively from Ninety Eight(98)through One Hundred Seventeen(1 17),all-inclusive and
I..,ot`A' (Heartland Street). 'The number or letter ofeach Lot is designated on the Final Plat by figures near
the center of each I,ot.
All lands within the plat that are designated for streets, more specifically Lot`A' (Heartland Street)is now
being dedicated to the Public for street Right of Way by the owner.
Easements are reserved as shown on said Final Plat,and in widths noted.
I hereby certify that this land surveying document was prepared and the
related survey work was performed by me or under my direct personal
NJ-►Lgty P'i supervision and that I am a duly licensed Land Surveyor under the laws of
the State Of Iowa.
Date:
cao WA D. 0�p Signature:
1/
a AMRE, PLS ®�M Name: Wade D. Wamre
a b Iowa License Number: 1756_5 _
� 5Ea5 "` My license renewal date is December 31, 2018
Pages or Sheets Covered by this seal: -
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HEARTLAND HEIGHTS SECOND ADDITION
IN THE CITY OF FAIRFAX, LINN COUNTY, IOWA
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Book: '10125 Page: 238 Seq: 4
Book: 10115 Page: 238 Page 4 of 32
TREASURER'S CERTIFICATE
1, Sharon Gonzalez, Treasurer of Linn County, Iowa, hereby certify thatno certified taxes due or
certified special assessments against the land which is included in heartland Heights Second
Addition in the City of Fairfax, Linn County, Iowa.
As shown by records of this office.
Cedar Rapids, Iowa, this �, day of AD, 2018.
.......... J
M Treasurer ofLinn County, Iowa
F.
Soo.4...
. (._inn Chnady Audihw
Linn counity, 10=a
----------
Joel D.101111e;Auditor
Rebecca Shoop,First Deputy
County Auditor' s Certificate
Approval of Subdivision Plat Name by Linn County Auditor
Date: April 20th, 2018
The Linn County Auditor's Office has reviewed the final plat name
of:
Heartland Heights Second Addition in thy,Citv of Fairfax,
i.nn-C.q-uIn"j,I9wa
and has determined that it is a succinct and unique name for the
subdivision contained herein, pursuant to -Fovia Code 5:354 . 6(2) and
6354 . 11 (6) . The subdivision name or title is approved.
Signed:
Co Joel D Miller
Linn County Auditor
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6-ti:AcSorvice Center au0mQIinnc=njoig
9M Smand AM Southwest Phone 3118925300
Cedar RWAM Iowa 6N0VA00 tax 3118925359
RESOLUTION NO. 2018-26
RESOLUTION APPROVINGTHE FINAL PLAT, DEVELOPMENTAGREEMEN'r,
AND ASSOCIATED OFF-SITE EASEMENTS FOR HEARTLAND HEIGHTS
SECOND ADDITION IN THE CITY OF FAIRFAX, LINN COUNTY, IOWA
WHEREAS, a Final Plat of Heartland Heights Second Addition in the City of Fairfax, Linn County,
Iowa has been submitted to the City of Fairfax by Iowa Lot Development, I..,I.,C; and
WHEREAS, a Development Agreement, by and between Iowa Lot Development, LLC and the City
of Fairfax, for said Heartland Heights Second Addition has been prepared as part of the Heartland Heights
Second Addition Final Plat Bound Documents, and
WHEREAS, a Temporary Off'-site Easement which serves the Heartland I[eights Second Addition,
but is located outside of the Heartland Heights Second Addition Final Plat boundary is also part of the
I leartland Heights Second Addition Final Plat Bound Documents; and
WHEREAS, I fall and I fall Engineers, Inc. has reviewed said Final Plat of Heartland Heights Second
Addition in the City of Fairfax, Linn County, Iowa, the Development Agreement for said Heartland Heights
Second Addition, and the Temporary Off-site Easement of said Heartland Heights Second Addition, and has
found said Final Plat, Development Agreement, and Temporary Off'-site Easement to be in accordance with
the provisions of the laws of the State of Iowa and the ordinances of the City of Fairfax, Iowa, in relation to
this development within the City of Fairfax, and has further recommended approval of said Final Plat,
Development Agreement, and Temporary Off-site Easement.
NOW,THEREFORE BE IT RESOLVED, by the City Council of the City ofl,airfax, Iowa, that the
Final Plat of Heartland Heights Second Addition in the City of Fairfax, Linn County, Iowa, the Development
Agreement for said Heartland Heights Second Addition, and the Temporary Off-site Easement for said
Heartland Heights Second Addition are hereby acknowledged and approved on the part of'the City ol"Fairfax,
Linn County, Iowa.
BE IT FURTHER RESOLVED, by the City Council of Fairfax, Iowa, that the Mayor and the City
Clerk/'Treasurer are hereby authorized and directed to execute said Resolution.
Passed and approved this 8"' day of May, 2018,
AYF,'S: Daly, Kell, and Volk
NAYS: None
A13SE.,NT: Otto and Wainwright
ffurnell F-rieden, Mayor
AT'FEST:
Cynthia Stini.son, City Clerk/Treasurer rx
'ry
LAND DESCR.IPTIO_N'
. .
[����oG1� ofthe SW1N ��c�n4. T�N. R0W��e5mP��, Pod�Ponm| YY. Plat of
Survey No 2004, and all of Parcel YY Plat ofSurvey No. 2234, in the City of Fairfax, Linn County. Iowa
more particularly described esfollows:
Beginning at the Southwest Corner ofLot 7Q. Heartland Heights First Addition in the City of Fairfax, Linn
County, Iowa; Thence S88"1O'21^VValong the South line ofParcel 'A'. Plat ufSurvey No, 2OQ4and
also being South line ofSection 4. T82N. R8VVadistance uf136.72feet; Thence NU1,4Q'38"VVa
distance of75.60feet; Thence N27°08'32^ Eedistance of18O74feet; Thence Northwesterly o
distance of 104.73 feet; along the arc of a 230.00 foot radius curve concaved Northeasterly (Chord
bears N43"4A'18^VVmdistance of1O3.83feet)- Thence SO2^35'26^VVadistance of170.18feet;
Thence N11°17'20^VVadistance of250.34feat; Thence N24^19'13^VVodistance uf235.18feet;
Thence NO0,1O'20''VValong aWest line nfParcel 'A' Plat ofSurvey No. 2234inthe City ofFairfax,
Linn County, Iowa adistance of368.13feet; Thence N01,0i'52''VValong aWest line ofsaid Panm| 'A'
to the Northwest Corner of said Parcel 'A' a distance of 220.86 feet� Thence N 88"25'42^ E along the
North line of said Parcel 'A' to the Northeast Corner of said Parcel 'A' a distance of 444.67 feet; Thence
S01°47'UQ^ Ealong uEast line ofsaid Pamo| 'A' adistance of522.37feet; Thence SO4"12'20^ Ealong
a East line of said Parcel 'A' to the Southeast Corner of said Parcel 'A' also being the Northwest Corner
nfLot 75ofsaid Heartland Heights First Addition odistance ofiO4.81 feet; Thence 8O8"37'34" Ealong
the West line of said Lot 75 a distance of 102.81 feet; Thence S O8"25'53" E along the VVeed line of Lot
76 of said Heartland Heights First Addition a distance of 103,70 feet; Thence S 00003'37" E along the
West line ofLots 77 & 78 of said Heartland Heights First Addition to the Southwest Corner of said Lot
78 a distance of 190.74 feet; Thence Southeasterly along a South line of said Lot 78 a distance of 32.81
feet along the arc of a 170.00 foot radius curve concaved Northeasterly (Chord bears S 72002'59" E a
distance of 32.76 feet); Thence S 07009'58"W along a West line of Lot 'B' and East line of said Lot 79
bothe Point ofBeginning adistance of280.76feet.
Said Parcel contains 0.08 auras, subject to easements and restrictions of record,
DEVELOPMENT AGREEMENT
This Development Agreement (this "A8/eoment") bentered into this_ dayof
2018, by and between the undersigned property owner(hereinafter referred to as the
DEVELbPER) and the City of Fairfax, Linn County, Iowa (hereinafter referred to as the CITY).
RECITALS
1. The DEVELOPER isowner ofthe following described property:
See Attached Exhibit"A"
2. The DEVELOPER proposes to record a final plat situated on a portion of the Real Estate to be known
as Heartland Heights Second Addition in the City of Fairfax, Linn County, Iowa and has prepared a
proposed final plat ofsuch addition (the "P|at"). Said Addition shall consist ofLot y8through Lot
117, and Lot 'A^ (Public Streets Right'nfwoy), all inclusive.
NOW 8E [TRESOLVED, the DEVELOPER and the CITY hereby agree asfollows:
1. The DEVELOPER and any contractor or other agent employed by the DEVELOPER shall provide
insurance as reasonably required by the CITY when working within the public rights-of-way.
2. THAT PRIORTO THE ISSUANCE OF A BUILDING PERMIT for Lots 105 and 106, and Lots III and 112 all
inclusive, the DEVELOPER shall construct the storm water drainage swales as shown on the approved
Plan of Improvements for the Heartland Heights Second Addition, as shown on the "Heartland
Heights5ecundAddidonintheOtyofFui/fax, LinnCuunty, |owa—P|anof|mp/ovements" 5iQnedand
Sealed onMarch Z7, 2U18. These storm water drainage xwm|ex, located within the Private Storm
Water Drainage and Public Storm Sewer Easements, shall be stabilized with permanent ground cover.
3. THAT PRIOR TO THE ISSUANCE OF A FINAL OR TEMPORARY CERTIFICATE OF OCCUPANCY for Lots 98
through 108 all inclusive, Lots 111 and 112, Lots 115 through 117 all inclusive, the DEVELOPER shall
provide certification by a civil engineer licensed in the State of Iowa verifying that the runoff from the
100-year storm event can be conveyed through and/or adjacent to the proposed development on
these Lots without damage tothe building structures onthese Lots. The Minimum Low Opening
Elevations for these lots are oofollows:
Lots 98through 108, all inclusive, shall have the minimum low openings (MLO) provided once the
LUMR-Fhave been approved byFEMA,
Lot Ill--- 3.O' Above the Bottom ofthe Adjacent Side Yard Drainage Swale.
Lot 112--- 3.U' Above the Bottom ofthe Adjacent Side Yard Drainage Swale.
Lot 11S--- Z.0' Above the Bottom ofthe Adjacent Rear Yard Drainage Swale,
Lot 116 —' lO' Above the Bottom of the Adjacent Rear Yard Drainage Swale.
Lot 117--- Elev. 774.0U
4. The DEVELOPER shall own and maintain the storm water drainage swales located within the 25'
Storm Sewer and Overflow Drainage Easements, which shall convey the 100-year storm event
overland through Lots 105 and 106, and Lots 111 and 112. The DEVELOPER agrees not to restrict the
overland conveyance of the 100-year storm event through these drainage swales.
5. The City shall own and maintain the storm sewer facilities (storm sewer, intakes,and/or storm
manholes) located within the 25' Storm Sewer and Overflow Drainage Easement Located in Lots 105,
106, 111, and 112.
6. The DEVELOPER shall own and maintain the property located within the 15' Drainage and Access
Easement located along the rear(west side)of Lots 99 through 108, all inclusive. The DEVELOPER
also agrees not to restrict the overland conveyance of the 100-year storm event over this easement,
or the access of CITY Staff, Officials, and Representatives within this easement.
7/ The DEVELOPER shall own and maintain the property located within the 15'Storm Sewer,Storm
Water Drainage, and Access Easement located along the south side of Lot 99. The DEVELOPER agrees
not to restrict the overland conveyance of the 100-year storm event over this easement,or the
access of CITY Staff, Officials, and Representatives within this easement.
8. The City shall own and maintain the storm sewer facilities(storm sewer, intakes, and/or storm
manholes) located within the 15'Storm Sewer, Storm Water Drainage, and Access Easement Located
along the south side of Lot 99.
9. The DEVELOPER shall own and maintain the storm water drainage swale located within the 40'
Private Storm Water Drainage and Public Storm Sewer Easement,and the Storm Water Drainage and
Access Easement, both of which are located at the rear(south side) of Lot 98. The DEVELOPER
agrees not to restrict the overland conveyance of the 100-year storm event through this drainage
swales, or the access of CITY Staff, Officials, and Representatives within these easements.
10. The City shall own and maintain the storm sewer facilities(storm sewer, intakes, and/or storm
manholes) located within the 40' Private Storm Water Drainage and Public Storm Sewer Easement
Located at the rear(south side) of Lot 98.
11. The DEVELOPER shall own and maintain the storm water drainage swale located within the 10'
Private Storm Water Drainage Easement located along the rear(east side) of Lots 115, 116, and 117,
and within the Private Storm Water Drainage and Public Storm Sewer Easement located at the
southeast corner of Lot 117. The DEVELOPER agrees not to restrict the overland conveyance of the
100-year storm event through these drainage swales, or the access of CITY Staff, Officials, and
Representatives within these easements.
12. The City shall own and maintain the storm sewer facilities (storm sewer, intakes, and/or storm
manholes) located within the Private Storm Water Drainage and Public Storm Sewer Easement
located at the southeast corner of Lot 117,
13, THAT PRIOR TO THE ISSUANCE OF A BUILDING PERMIT on Lot 98 through 108, all inclusive,which are
located within the FEMA Special Flood Hazard Area (SFHA) prior to the development of this site,
these Lots shall meet the requirements of Chapter 160—Flood Plain Ordinance, of the City's Code of
Ordinances, and the FEMA Flood Plain Regulations.
14. WITHIN ONE CALENDAR YEAR FROM THE TIME THAT THE CITY APPROVES THE FINAL CONSTRUCTION
DOCUMENTS AND THE DRAINAGE REPORT FOR THE PERMANENT STORM WATER MANAGEMENT
FACILITIES AND THE ASSOCIATED IMPROVEMENTS,the DEVELOPER shall have these storm water
managernent facilities and associated improvements constructed such that they are in order to be
accepted by the CITY. If these storm water management facilities and associated improvements are
not completed in a manner that is acceptable to the CITY within one calendar year of the CITY's final
approval of these construction documents, the CITY shall not issue any further building permits
within the Heartland Heights Second Addition, or consider any further development within the
overall Heartland Heights subdivision. The initial, and complete submittal of the pond, associated
forebays, the pond outlet structure and related erosion protection, the overflow berm &swale, the
sanitary sewer trunk main extended beyond the pond outlet structure,the trail around the pond, and
drainage report per previous meetings and review comments shall be submitted for the CITY's review
and consideration no later than July 30, 2018.
15. THAT PRIOR TO THE ISSUANCE OF A FINAL CERTIFICATE OF OCCUPANCY, the DEVELOPER shall
construct 5' wide concrete sidewalks along the front yards (within the street Right-of-Way of
Heartland Street)adjacent to Lots 98 through 107 all inclusive, and adjacent to Lots 110 through 117
all inclusive.
16. THAT PRIOR TO THE ISSUANCE OF A FINAL CERTIFICATE OF OCCUPANCY ON LOTS 108 AND 109,the
DEVELOPER shall construct the 5' wide concrete sidewalks along the front of Lots 108 and 109,
adjacent to Heartland Street, as shown on the approved plan of improvements—Plan Sheet C401.
The DEVELOPER shall also pay the CITY for the entire cost to construct the 5' wide concrete sidewalk
for the remaining unpaved portion of sidewalk along Heartland Street, for the entire portion of 5'
wide concrete sidewalk along the north property lines of said Lots 108 and 109 (within the future
Beverly Road right-of-way), and for the turning spaces and curb ramps(including the detectable
warning panels, all per the SUDAS Design Manual, Chapter 12) that shall be located at the future
intersection of Heartland Street and Beverly Road. At the time that the CITY deems these sidewalks
and curb ramps necessary,the CITY shall have these installed at the City's expense.
17. The DEVELOPER shall be responsible for the maintenance (including snow removal), repair, and
replacement of all 5' wide sidewalks,sidewalk pedestrian ramps, and sidewalk turning spaces located
within the public streets rights-of-way adjacent to each Lot within the Heartland Heights Second
Addition.
18, THAT UPON THE DEVELOPER'S SALE OF EACH INDIVIDUAL VACANT LOT WITHIN THE HEARTLAND
HEIGHTS SECOND ADDITION, OR IF THE DEVELOPER DOES NOT SELL THE LOT(S),THEN PRIOR TO THE
ISSUANCE OF THE PLUMBING PERMITS FOR EACH INDIVIDUAL LOT WITHIN THE HEARTLAND HEIGHTS
SECOND ADDITION, the DEVELOPER shall pay the CITY the Sanitary Sewer Connection Fee per
Resolution No. 2017-09, and as follows:
a) The Heartland Heights Second Addition is 9.98 Acres in size.
b) The 2018 Sanitary Sewer Connection fee is approximately$1,094.79 per Acre, establishing an
overall Sanitary Sewer Connection Fee (in 2018 dollars) of$10,926.02 for the Heartland
Heights Second Addition.
c) The 2018 Sanitary Sewer Connection Fees per Lot shall be as follows:
i. Single-Family Lots (Lot 98 through Lot 117 all inclusive) - $546.30 per Lot
d) These Sanitary Sewer Connection Fees shall be adjusted annually, starting in January of 2019,
based upon the interest rates that the CITY is paying on the Phase 1 Sanitary Sewer Extension
Project and on the Phase 2 Sanitary Sewer Extension Project.
19. THAT UPON THE DEVELOPER'S SALE OF EACH INDIVIDUAL VACANT LOT WITHIN THE HEARTLAND
HEIGHTS SECOND ADDITION, OR IF THE DEVELOPER DOES NOT SELL THE LOT(S),THEN PRIOR TO THE
ISSUANCE OF THE PLUMBING PERMITS FOR EACH INDIVIDUAL LOT WITHIN THE HEARTLAND HEIGHTS
SECOND ADDITION, the DEVELOPER shall pay the CITY the Water Main Connection Fee per
Resolution No. 2017-08, and as follows:
a) The Heartland Heights Second Addition is 9.98 Acres in size.
b) The 2018 Water Main Connection Fees is$712.66 per Acre, establishing an overall Water
Main Connection Fee of$7,112.35 for Heartland Heights Second Addition.
c) The 2017 Water Main Connection Fees per Lot shall be as follows:
L Single-Family Lots (Lot 98 through Lot 117 all inclusive) -$355.62 per Lot
d) These Water Main Connection Fees shall be adjusted annually, starting in January of 2019,
based upon the Consumer Price Index(CPI)established in January each calendar Year.
20, FOR EACH BUILDING PERMIT ISSUED in the Heartland Heights Second Addition,the DEVELOPER shall
owe(pay to the CITY the following Participation Costs in the future 801h Street Improvement
Projects:
a) Single-Family Lots -$1,459.20 per Lot
b) These Participation Costs in the future 801h Street Improvement Projects shall be adjusted
annually based upon the annual inflation rate as determined by the Consumer Price Index
(CPI) as reported in January of each year(December CPI of the previous year to the
December CPI of the current year).
c) The DEVELOPER shall be allowed to withhold payment to the CITY for these participation
costs in the future 801h Street Improvement Projects until the earlier of September 1, 2021 or
the sale of one-half of the Lots in the Heartland Heights subdivision,as shown on the
Preliminary Plat signed by Mayor Frieden on June 6, 2016. At that time,the DEVELOPER shall
pay the CITY for all Lots built on or sold since the beginning of the Heartland Heights First
Addition.
d) All other portions of Condition No. 20 of the Heartland Heights Subdivision Preliminary Plat
Acceptance of Conditions, Resolution No. 2016-43 shall apply to these 80th Street
improvement participation costs by the DEVELOPER.
21. The CITY shall Provide and Install all public street signs within the public streets rights-of-way within
Heartland Heights Second Addition,
22. THAT PRIOR TO THE ISSUANCE OF THE FIRST TEMPORARY OR FINAL CERTIFICATE OF OCCUPANCY in
the Heartland Heights Second Addition,The DEVELOPER shall :
a) The DEVELOPER shall cause to be install the Street Lights per the Linn County REC's
Recommendation and the CITY Staff's approval. The DEVELOPER shall provide the CITY with
an acceptable verification of payment to Linn County REC for said street light installation.
b) The DEVELOPER shall cause to be installed the necessary Franchise Utilities to properly
service the Heartland Heights Second Addition, and the DEVELOPER shall also provide the
CITY with an acceptable verification of payment to these Franchise Utilities for said utilities
installation.
23. The DEVELOPER shall only be allowed to receive building permits for Lots that have water and street
improvements adjoining it that are acceptable to the CITY Staff and the CITY's Fire Department.
24. THAT PRIOR TO THE ISSUANCE OF THE FIRST BUILDING PERMIT in the Heartland Heights Second
Addition, the OWNER shall record the bound documents for the final plat of Heartland Heights
Second Addition in the City of Fairfax, Linn County, Iowa at the Office of the Linn County Recorder.
25. THAT PRIOR TO THE CITY'S ACCEPTANCE OF THE PUBLIC IMPROVEMENTS IN HEARTLAND HEIGHTS
SECOND ADDITION, the DEVELOPER and/or any contractor or other agent employed by the
DEVELOPER shall provide the CITY with a Four(4)year maintenance surety on all of the public
infrastructure, including the public streets,that are part of the Heartland Heights Second Addition
improvements.
26. As a form of Assurance to the CITY to complete the public improvements as part of the Heartland
Heights First Addition, the DEVELOPER has provided to the CITY a Bank Letter of Credit (LOC)from
Fairfax State Savings Bank in the Amount of$217,282.68 to cover costs for the unfinished public
improvements within and adjacent to Heartland Heights Second Addition. As the DEVELOPER
satisfactorily completes the Heartland Heights Second Addition public improvements, the
DEVELOPER may submit requests to the CITY Council to reduce the amount of this letter of credit to
align with the remaining costs necessary to complete the Heartland Heights Second Addition
improvements. If the DEVELOPER fails to perform its obligations to complete the Heartland Heights
Second Addition Public Improvements in a timely manner, the CITY will have the automatic right to
draw on this letter of credit.
27. The public improvements for Heartland Heights Second Addition, and adjacent to and serving
Heartland Heights Second Addition shall be completed by the DEVELOPER to the satisfaction of the
CITY's Staff and the CITY's Engineer within 6 months from the date of this Agreement. Upon
satisfactorily completing these public improvements, the CITY shall accept the Heartland Heights
Second Addition public improvements and shall release the Fairfax State Savings Bank Letter of
Credit. This release instrument will indicate that the public improvements have been accepted by
the CITY and will release the DEVELOPER and the Real Estate from all obligations due under this
Agreement.
28. If the DEVELOPER fails to complete the Improvements within the time period as provided in this
Agreement, the CITY may cause the Improvements to be constructed in all respects as the CITY shall
reasonably deem appropriate. The CITY shall utilize the Fairfax State Savings Bank Letter of Credit for
all costs incurred by the CITY in completing the improvements.
29. The DEVELOPER shall be responsible for all expenses related to any and all damages to the public
infrastructure, and other real property, and assumes all risk of loss to the public infrastructure
contemplated by this agreement until the acceptance of the public improvements by the CITY.
30. Access to Lots 108 and 109 shall be restricted to Heartland Street only. These two Lots shall not have
direct access to Beverly Road.
31. There shall be no parking along the south side of Heartland Street from the southeast property
corner of Lot 99 to the northeast corner of Lot 99.
32. There shall be no parking along the north side of Heartland Street adjacent to Lot 117.
33. The Beverly Road Extension, which shall be located along the north side of Heartland Heights Second
Addition in the City of Fairfax, Linn County, Iowa,and more particularly along the north side of Lots
108 and 109 of said Addition, shall be constructed at some time in the future. This Beverly Road
Extension shall be constructed by the Developer as part of the overall Heartland Heights
development. The DEVELOPER agrees to provide a signed Temporary Construction Easement
Agreement to the CITY for grading of slopes to be done in conjunction with the improvements of
Beverly Road adjoining Lots 108 and 109. This temporary construction easement shall be for the
purpose of grading slopes and other necessary construction activities upon a portion of the real
property of Lots 108 and 109 of Heartland Heights Second Addition as deemed necessary to improve
Beverly Road. Said Temporary Construction Easement Agreement shall be provided to the
DEVELOPER by the CITY at such time as the Beverly Road is about to be constructed. The DEVELOPER
shall provide to the CITY executed Temporary Construction Easement Agreement(s) at no cost to the
CITY. Within 20 feet of the north property line of Lots 108 and 109 (the south right-of-way line of
Beverly Road),the DEVELOPER agrees to remove and replace any and all structures, fencing,
landscaping, trees, shrubs, any vegetation other than standard turf grass, playground equipment,
signs, or any other items that may be located within these Temporary Construction Easements.
These temporary construction easements, and any improvements necessary within these easement
located on Lots 108 and 109 for the construction of Beverly Road shall be completed at no cost to
the CITY.These Temporary Construction Easements shall become void and terminate upon the CITY's
acceptance of the Beverly Road Public Improvements adjacent to Lots 108 and 109.
34. THAT PRIOR TO THE ISSUANCE OF A FINAL CERTIFICATE OF OCCUPANCY, the DEVELOPER shall
provide for a minimum of 4" of topsoil on each Lot, Lots 98 through 117 all inclusive, and Lot 'A'as
well.
35. The DEVELOPER agrees to indemnify and hold harmless the CITY for damages or claims for damages
that may arise or accrue as a result of City Council approval of this Agreement.
3E, This Agreement shall be binding upon the parties hereto and their heirs, successors, and assigns, and
the sale by the DEVELOPER/owner of all or any part of said Lot 98 through Lot 117 all inclusive, shall
transfer obligations of the DEVELOPER to the successor in interest.
Dated: P' d 4 2018
IOWA LOT DEVELOPMENT, LLC
o
Shane A.Schrader, Member—Manager
Bruce G.Sevig, Member—Manager
STATE OF IOWA, COUNTY OF LINN)
This instrument was acknowledged before me on this-24.9 day of « 2018 by
Shane A.Schrader, Member- Manager of Iowa Lot Development, LLC and by Bruce G. evig, Member—
Manager of Iowa Lot Development, LLC
DAVID R.
ato Commission 5x
Notary Public in and for the Stat +a March 23,202'
EXHIBIT"A"
Part of the S 1/2 of the SW 1/4 of Section 4, T82N, R8W of the 6th P.M., Part of Parcel 'A', Plat of Survey No.
2094. and all of Parcel VY Plat of Survey No. 2224, in the City ofFairfax, Linn County, Iowa more particularly
described aafollows:
Beginning at the Southwest Corner of Lot 79, Heartland Heights First Addition in the City of Fairfax, Linn
County. Iowa; Thence S 8O^10'21"VValong the South line ofParcel 'A/. Plat ofSurvey No. 2094 and also
being South line of Section 4, T82N, R8W a distance of 136.72 feet; Thence N 01*49'39"W a distance of
75,69 feet; Thence N 27^08'32^ E a distance of 180.74 feet; Thence Northwesterly udistance nf1O473faet
along the
`arc ofa238.00foot radius curve concaved Northeasterly (Chord bears N43^40'18^VVudistance of
1O3.83foet); Thence 862,35'2G^VVadistance of17Q.18feet; Thence N11"17'2O"VVodistance of250.34
hmetThence N24"10'13'' VVedistance of235.i8feet; Thence NUQ~1O'2D''VValong aVVestline ofParcel 'A'
Plat
'ofSurvey No. 2234 in the City ofFairfax, Linn County. Iowa distance of368.13feet; Thence N
01'0 1'52"W along a West line of said Parcel 'A' to the Northwest Corner of said Parcel 'A' a distance of
220.86 feet; Thence N 88"25'42' E along the North line of said Parcel 'A' to the Northeast Corner ofsaid
Pemo| 'A' adisionoe of 444.67 feet; Thence S 01°47'00^ E along a East line of said Parne| 'A' adimtanoeof
522.37feet; ThenoaSO4"12'2O^ Ea|on8aEamt|ineofoaidPavoe| 'A' tuthaGoutheaotCornerofoaidParoe|
'A' also being the Northwest Corner ofLot 75ofsaid Heartland Heights First Addition edistance nf1O4.O1
feet; Thence S88^37'34" Ealong the West line ofsaid Lot 75odistance of1O2,81feet; Thence SUO°25'53'' E
along the West line ofLot 7Gofsaid Heartland Heights First Addition adistance of1O3.70haatThence S
00^03'37" E along the West line of Lots 77 & 78 of said Heartland Heights First Addition to the Southwest
Corner of said Lot 78 a distance of 190.74 feet; Thence Southeasterly along a South line of said Lot 78 a
distance of32.81 feet along the arc of a 170.00 foot radius curve concaved Northeasterly (Chord bears S
72"02'59" E o distance of 32.76 feet); Thence S 07°08'58^VV along u West line of Lot'B'and East line of said
Lot 79 to the Point of Beginning a distance of 260.75 feet.
Said Parcel contains 0.08 mnrne, subject hzeasements and restrictions of record.
CONSENT AND RELEASE
Re: Heartland Heights Second Addition in the City of Fairfax, Linn County, Iowa, legally described as
follows:
EASEMENT DESCRIPTION:
Part of the SW 1/4 of Section 4, Township 82 North, Rage 8 West, Linn County, Iowa, more particularly
described aafollows:
Commencing at the Northwest Corner of Lot 75, Heartland Heights First Addition in the Qty of Fairfax,
Linn County. Iowa; Thence N O4°12'12^VValong o East line ofParcel 'A'. Plat nfSurvey No. 2234 a
distance of1O4.Oi haetThanoeNO1"47'UQ^VVo|ongoEaoi |ineofsaidPance| 'A'adiutanoeof52237
feet; Thence S 88'25'42" W along the North line of said Parcel 'A' to the Point of Beginning a distance
of 124.89 feet-, Thence S 88'25'42"W continuing along said North line a distance of '100.00 feet;
Thence NO1"47'O8''VVadistance uf12O.0Ofeet; Thence N88°25'42^ Eand parallel tosaid North line a
distance of 100.00 feet; Thence S 01'47'09" E to said North line and the Point of Beginning a distance
of128.8Ufeet.
Said easement contains 0.28 acres, Subject to easements and restrictions of record.
Bruce G. Sevig, mnrLgagoon to the above.-referenced pnopedy, consent to the platting of the land and
further release the open-end mortgage all street, easements, and other 2reas to be conveyed or
dedicated to the City ofFairfax, Iowa.
Dated'.
Bruce G. 8ovig
STATE ()FIOWA, COUNTY OFUNN ) ss:
On this day of 4 2018, before me, the undersigned, aNotary Public|n
and for said State, paraonaUyeppea��d Shane Schrader, to m* personally known to be the identical
persons named in and who executed the foregoing instrument and acknowledged that he executed the
aameaytheir voluntary act and deed.
CHRISTOPHER E.NELSON
Gomrnlsslon Number 777052
my5q,,i.nNion Expires NOTARY PUBLIC—STATE OFIOWA
CONSENT AND RELEASE
Re: Heartland Heights Second Addition in the City of Fairfax, Linn County, Iowa, legally described as
follows:
LAND DESCRIPTION:
Part ofthe S 1/2ofthe SVV1/4ofSection 4. T82N, R8VVofthe 5mP.K8.. Part ofParcel 'A/. Plat of
Survey No. 2094. and all of Parcel 'A' Plat ofSurvey No. 2234, in the City of Fairfax, Linn County, Iowa
more particularly described as follows:
Beginning at the Southwest Corner ofLot 7Q` Heartland Heights First Addition in the City of Fairfax, Linn
County, Iowa, Thence S88"1U'21^VValong the South line ufParcel 'A'. Plat ofSurvey No. 2DQ4and
also being South line nfSection 4. T82N. R8VVadistance of136.72feet; Thence N01°4Q'30^VVa
distance of75.OQfeet' Thence N27"O8'32^ Eadistance of180.74feet: Thence No�hweai*r|ya
distance of1O4,73hoetalong the arc ofa23O.00foot radius curve concaved Northeasterly (Chord
bears N43,4Q'18^VVadistance of1O3.83heet)- Thence S82°35'28" VVadistance of170.18feet;
Thence N1i"17'2S^ VVadistance of250.34feet; Thence N24°18'13''VVadistance of2J5.18feet;
Thence N00,1O'2Q'' VValong aWest line ofParcel 'A' Plat ofSurvey No. 2234inthe City ofFairfax,
Linn County, Iowa a distance of 368.13 feet; Thence N 01'01'52"W along a West line of said Parcel'A'
toihoNorthwoatCornerofomidPoroo| '/\' odiotanreof22O.8GfeatThencoN88"25'42^ Ea|nngU`e
North line of said Parcel 'A' to the Northeast Corner of said Parcel 'A' a distance of 444.67 feet; Thence
S0i~47'OQ^ Ealong oEast line nfsaid Parcel 'A' adistance of522.37feet; Thence SO4"12'2U^ Ealong
o East line of said Parcel 'A' to the Southeast Corner ofsaid Parcel 'A' also being the Northwest Corner
of Lot 75 of said Heartland Heights First Addition a distance of 104.01 feet; Thence B U8°37'34" E along
the West line ofsaid Lot 75adistance nf1U2.81feet; Thence S08"25'53^ Ealong the West line ofLot
70ofoaidHeort|ondHaiQhteFimtAdditionodiotanoeof1U3.70feet; ThanoeS0O^U3'37^ Eo|ongthe
West line of Lots 77 & 78 of said Heartland Heights First Addition to the Southwest Corner ofsaid Lot
78 a distance of 190.74 feet; Thence Southeasterly along a South line of said Lot 78 a distance of
32.81 feet along the arc ufa 17O.0Ofoot radius curve concaved Northeasterly (Chord bears
S72"U2'SQ^ Eadistance of32.70feet); Thence S07°UA'58^VValong eWest line ofLot'B' ondEast line
of said Lot 79 to the Point ofBeginning adistance o[2OU.75feet.
Said Parcel contains 9.98 acres, subject to easernents and restrictions of record.
|mwo Lot Deva|opment, mortgagees to the above-referenced property, consent to the platting of the land
and further release the open-end mortgage all street, easements, and other areas to be conveyed or
dedicated tothe City ofFairfax, Iowa.
Dated:
IOWA LOT DEVELOPMENT, LLC. -Shane Schrader— Member- Manager
STATE OFIOWA, COUNTY OFL|NN ) ss:
On this Ll day of me, the undersigned, a Notary Public in
and for said State, personally appealred Shane Schrader, to me personally known to be the identical
persons named in and who executed the foregoing instrument and acknowledged that he executed the
same aetheir voluntary act and deed.
& CHRISTOPHER E,NELSON
"'IT Commission Number 777052
NOTARY PUBLIC —STATE 0FIOWA
CONSENT'AND RELEASE
Re: Heartland I leights Second Addition in the City of Fairfax, Linn County, Iowa,
legally described as:
Part of Parcel A, Plat of Survey No. 2094 as recorded in Book 9668 Page 635 of the
records of the Linn county, Iowa Recorder on October 7, 2016
And
Parcel A, Plat of Survey No. 2234 as recorded in Book 10043 Page 427 of the records of
the Linn County, Iowa Recorder on February 23, 2018
Bruce G. Sevig, mortgagee to the above-referenced property, consents to the platting of
the land and further release from the open-end mortgage all street, easements, and other
areas to be conveyed or dedicated to the city of Fairfax, Iowa.
Dated:
BRUCE G. SEVI'G
STATE OF IOWA, COUNTY OF LINN ss:
On this day of fns 2018, before me, the undersigned, a Notary Public
in and for said State, personally appeared Bruce G. Sevig, to me personally known to be
the identical persons named in and who executed the foregoing instrument and
acknowledged that he executed the same as their oluntary ot and deed.
DANIEL PAUL BURNS K
commission Number 805776
M is 'on fxpires NOTARY PLJkfC—STATE OF IOWA
CONSENT AND RELEASE
Re: Heartland Heights Second Addition in the City of Fairfax, Linn County, Iowa,
legally described as:
Part ol- Parcel A, Plat of Survey No. 2094 as recorded in Book 9668 Page 635 of the
records of the Linn county, Iowa Recorder on October 7, 2016
And
Parcel A, Plat of Survey No. 2234 as recorded in Book 10043 Page 427 of the records of
the Linn County, Iowa Recorder on February 23, 2018
Fairfax State Savings Bank, mortgagee to the above-ref-brenced property, consents to the
platting of the land andfurtber releases from the open-end mortgage all street, casements,
and other areas to be conveyed or dedicated to the City of Fairfax, Linn County, Iowa.
Dated:
F'AIRF,'AX S'I'A*1'1.-' SAVINGS 13ANK
to%f-A
V.P
By:
STAFF' OF IOWA, COUNTY OF LINK, ss:
On clay of-,Jj Vj&— 2018, before me, the undersigned, a Notary
Public, personally appeared and I c(cor'l 0 �1—kwe, to me
personally known, who being by me duty sworn, did say that tAcy are the
and the,,,.V -L,N_j)LjQ of said Fairl-ax State
Savings Bank, that no seal has been procured by the said corporation and that said
instrument was signed on behalf of'the said Fairfax State Savings Bank by
authority of its Board of-*Directors and the said
acknowledged the execution of said instrument to be the voluntary
act and deed of said corporation by it and by them voluntarily executed,
�o Vj
NO'T'ARY - STATE' OF IOWA
KRISTINE I&C Nw"OR
:7=V-
Zm
Omm"m Wrbm 797061
M m
Y CommWabn E*kw
ty J� 2
MY 08, 2019
RESTRICTIVE COVENANTS
TIIE UNDERSIGNED, being the Owners in fee (hereinafter referred to as
"Developer") of Lots 98 through 117 inclusive, "Heartland Heights Second
Addition in the City of Fairfax, Linn County, Iowa", in order to establish and
maintain the residential character of each of said Lots, do hereby covenant and
agree with persons who purchase said Lots or any one of several of said Lots, or any
right, title or interest herein of any nature whatsoever, regardless of the use of said
Lots is restricted and the sale of said Lots 98 through 117 inclusive are subject to
the following covenants:
1. All Lots described herein shall be known, described and used as residential Lots
with one single family dwelling not to exceed two stories in height and two or
three car garages. The Developer shall sell all Lots in the development for single
family dwelling Lots. There shall be no detached garages on Lots 109 through 117,
inclusive, but there may be one detached structure per:Lot for a storage building
not to exceed one hundred and eighty(180) square feet in area and only one story
in height. Any detached structure shall be of the same design and architectural
character as the house. On Lots 98 through 108, inclusive, there may be one
detached structure per Lot for a storage building not to exceed one hundred and
eighty (180) square feet in area and only one story in height. Any detached
structure shall he of the same design and architectural character as the house. The
detached structure may only be located within the locations allowed pursuant to
#15 and #16 of the restrictive covenants. Also, on Lots 98 through 108, all
inclusive, there may also be one detached garage not exceeding seven hundred
twenty-eight(728) square feet constructed. The detached garage may only be
located within the locations allowed pursuant to 1/15 and#1.6 of the restrictive
covenants. Any detached garage shall be of the same design and architectural
character as the house, with stone or brick matching the front of the house on at
least 20%of the front or side of any such detached garage that is facing the street.
No metal buildings of any kind shall be placed on or erected anywhere on any of'
the above said Lots. All buildings placed upon lots require a building permit from
the City of Fairfax, Iowa.
2. It is the intention and purpose of these covenants to assure that all dwellings will
be of high quality, design, workmanship and materials approved by the
Developers herein.
3. No modular home or log home shall. be placed on any of the Lots herein.
4. All houses shall be built on site and be of similar architectural design and
character as the rest of the residential buildings in the subdivision.
5. No building shall be erected on any residential building Lot nearer than twenty-five
(25) feet from the front Lot line; nor nearer than eight (8) foot to any side Lot
line; nor nearer than twenty-five (25) feet from any rear Lot line. On corner Lots,
no building shall be erected on any residential building Lot nearer than twenty-
five (25) feet from the front, rear and street side Lot line and eight (8) foot from
interior side Lot line. For Lots on which a residence could face two streets, all
setback dimensions shall be determined by the manner in which the house sits on
the Lot and by City ordinance. Also on corner Lots, nothing shall be erected,
1
placed, planted or allowed to grow in such a manner as materially to impede
vision between a height of three and ten feet above the centerline grades of the
intersecting streets in an area bounded by the street lines of such corner Lots and a
line joining points along said street lines fifty feet from the point of the
intersection. Building lines shown on the final plat approved by the City Council
of Fairfax on.the 8'11 day of May, 2018, shall control if different from the
foregoing.
6. No structure of any kind shall be erected on any Lot unless the plans therefore are
first approved in writing by the Developer or its designated representative, and the
designs and locations of the buildings on said Lots in said addition do not violate
any of the restrictions herein contained, and no dwelling on adjoining Lot shall be
constructed having similar exterior fronts, styling or design which would cause
them to appear to be duplicates of the same structure. No dwelling on any Lot
shall have a living space exclusive of garage of less than:
i. In the case of a one story ranch, one thousand five hundred (1,500)
square feet.
ii. In the case of a split level, split foyer or two story structure, one
thousand eight hundred (1,800) square feet.
In any case, each building shall have a brick or stone exterior that will cover at
least 20% of the front of the dwelling, including any attached garage.
7. No weeds, underbrush or other unsightly growths shall be permitted to grow or
remain upon any part of the property and no refuse pile or unsightly objects shall
be allowed to be placed or suffered to remain anywhere thereon. The owner of
each Lot, whether vacant or improved, shall mow the grass at reasonable times
during the growing season and shall keep said 1,ot or Lots free of weeds and
debris. All Lot Owners shall maintain the exterior of their homes in a neat and
sightly manner.
8. No CB antenna, TV antenna or other building accessory shall be erected, altered
or placed which is more than ten feet above the highest point of the building to
which it is attached. 'I"here shall be no more than one antenna per Lot without
prior, written approval from the Developer. All antennas shall require approval
from the City of Fairfax, Iowa.
9. Satellite dishes shall be located so as to not be clearly visible from a street in the
Addition. A satellite dish shall have a maximum diameter of twenty-four inches.
There shall be no more than one satellite dish per Lot without prior, written
approval of Developer.
10. No obnoxious or offensive trade shall be carried upon on any Lot nor shall
anything be done thereon which may become an annoyance or nuisance to the
neighborhood.
11. The Builder or Lot Owner who constructs a residential structure of any type on
any Lot in this subdivision shall be responsible for all sidewalks, sidewalk
pedestrian ramps and sidewalk turning spaces as required by city ordinances or the
Development Agreement with the City of Fairfax dated May 24, 2018. Said
sidewalks shall be a minimum of five feet in width of concrete construction. The
I..,ot Owner shall be responsible for the Maintenance (including snow removal),
2
repair and replacement of all 5 foot wide sidewalks, sidewalk pedestrian ramps,
and sidewalk landings located within the public street rights of way adjacent to
each Lot within Heartland Heights Second Addition.
12. A perpetual easement is reserved over the front, side and/or rear Lot lines and along
said Lot lines as shown by the recorded plat for drainage, utility installation, access
and maintenance and/or sidewalks. There shall. be no fences, buildings, large
plantings or other obstructions upon or under the property covered by these
easements, so that drainage is not restricted and access is available to any equipment
necessary for construction, reconstruction or maintenance of utilities and/or
sidewalks located on said easement. All easements reserved are set forth on the
final plat approved by the City of Fairfax, Iowa on the 8"' of May, 2018.
13. The private storm water drainage easements shall be owned and maintained by the
individual Lot owner. The City of Fairfax, Iowa shall own and maintain the storm
sewer facilities (storm sewer, intakes and/or storm manholes). All private storm
water drainage casements and public storm sewer easements (facilities) reserved
are set forth on the final plat approved by the City Council of Fairfax, Iowa on the
8"' Day of May, 2018.
14. Lot Owner shall own and maintain the storm water drainage swales located within
the Private Storm Water Drainage and Public Storm Sewer Easements, which shall
convey the 100-year storm event overland through Lots 98, 1.05, 106, 111, 1.1.2 and
115 through 117, all inclusive. The Lot Owner also agrees not to restrict the
overland conveyance of the 100-year storm even through these drainage swales.
No changes to said swales shall be made by the Lot Owner without prior written
consent of the City of Fairfax, Iowa.
15. Lots 98 through 108, all inclusive, being in close proximity to the Regional Storm
Water Drainage Basin, are subject to a Letter of Map Revision(LOMB) from the
Federal Emergency Management Agency(FEMA). These lots may have
limitations on the location of buildings on said Lots. LOMB will be provided to
the buyer, as approved by FEMA and the Iowa Department of Natural.Resources
(IDNR), from the developer's engineer.
16. Lot Owner of Lots 98 through 108 all inclusive, Lots 111 and 112, Lots 115
through 117 all inclusive, shall provide to the City of Fairfax, Iowa, at the buyer's
cost, certification by a civil engineer licensed in the State of Iowa verifying that the
runoff from the I00-year storm event can be conveyed through and/or adjacent to
the proposed.development on these Lots without damage to the building structures
on these Lots. Minimum Low Openings (MLU) will be provided to Lot Owner
from the Developer's Engineer.
17. Access to Lots 108 and 109 shall be restricted to Heartland Street only. No direct
access to Beverly Road from. Lots 108 and 109 shall be allowed.
18. Lot Owners of Lots 1.08 and 109 have fixture sidewalk and Beverly Road
construction requirements as show in paragraph It 16 and##33 of the Development
Agreement with the City of Fairfax dated the 24"' of May, 2018.
19. All structures placed on said Lots shall be of new materials.
20. Development is receiving mail service from the United States Postal Service
(USPS) using "cluster boxes". Each Lot Owner shall be responsible for
maintaining their assigned cluster mailbox. Lot Owner will be given all keys to
inailbox from USPS and buyer will be responsible for those keys. If lost or stolen,
.3
it shall be the responsibility of the Lot Owner to have their lock and keys
replaced. Lot Owner will pass keys and responsibility to future Lot Owners of
said property. If mail cluster station should ever have to be replaced or repaired,
each user shall share replacement or repair costs evenly among Lot Owners
assigned to cluster box.
21. No trucks or other commercial vehicles rated larger than one ton pickups or any
trailers shall be maintained or parked outdoors overnight for any purpose in
this addition. The Builder/Developer shall be able to maintain and park such
vehicles until such time as the buildings and improvements in the development
are completed.
22. No recreational vehicles, campers, boats and motor homes can be stored or parked
in front of dwelling for longer than thirty-six (36) hours, However, the above
described vehicles may be parked or stored on adjoining concrete pads on the side
of the house where the garage is located. No residence shall have more than one
drive leading to a garage or for parking vehicles.
23. No inoperable, dismantled., or wrecked motor vehicles, automobiles, trailers,boats
or any other vehicles or machinery or parts thereof, including scrap metals or
other scrap materials shall be permitted to be upon or remain upon any part of the
property within the addition.
24. Any outdoor pet facilities shall require the prior approval of the Fairfax City
Council. It is understood that any pet making a continual disturbance is subject
to the nuisance ordinances of the City of Fairfax, Iowa.
25. No Lot shall be subdivided.
26. These covenants are to run with the land and shall be binding upon all parties
and all persons claiming under them until January 1, 2038, at which time said
covenants shall be automatically extended for successive periods of ten (10)
years unless by a vote of majority of the then owners of said Lots it is agreed to
change the said covenants in whole or in part.
27. The record owners in -fee simple of the residential Lots in the Addition may
revoke, modify, amend or supplement, in whole or in part, any or all of the
covenants and conditions contained in this Declaration and may release the real
estate, or any part thereof, from the covenants, but only at the following time
and in the following manner:
a. Any such change or changes after the full development of the
Addition and prior to a date twenty-one years after the recording of
this Declaration shall require the approval of 60% of the Lot Owners
of all of the Lots in the Addition.
b. Any such modification shall be effective only if expressed in a
written instrument or instruments executed and acknowledged by
each of the consenting Lot Owners and recorded in the Of-rice of the
Recorder of Linn County, Iowa. Upon and after the effective date of
any such change or changes, the change or changes shall be binding
upon all persons, firms and corporations then owning property in the
Addition and shall run with the land and bind all persons claiming by,
through or under any one or more of them.
4
c. Until all Lots within the subdivision are sold, the Developer may
revoke, modify, amend, or supplement these Restrictive Covenants
without the consent of any other Lot Owners in the subdivision.
d. Notwithstanding the above, any such change or changes shall require
the consent of the Developer as long as it is the legal titleholder to
any Lot in.said Addition.
e. After the Lots covered by these restrictive covenants are completely
sold out, the majority of the Lot Owners covered by these restrictive
covenants shall be charged with their enforcement.
28. If the undersigned, or their heirs, successors or assigns, including any succeeding
Lot Owners, shall violate any of the covenants or restrictions herein, it shall be
].awful for any other person or persons owning any other of said Lots to prosecute
any proceedings at law or in equity against the person or persons violating or
attempting to violate any such covenants or restrictions and either to prevent such
party from so doing or to recover damages or other dues from such violation.
29. Invalidation of any one of these covenants by judgment or court order shall in
no way affect any of the other provisions which shall remain in full force and
effect.
Dated at Fairfax, Iowa, this day or4,JZl
2018.
,j
__""L
,j
IOWA LOT DEVE�1,011MENT, LLC
. ..........
Bruce G. Sevig, Member-Mai ger
Shane A. Schrader, Member-Manager
STATE OF IOWA
)ss
COUNTY OF LINN
On this XL- day of J 2018, before me, the
undersigned, a Notary Public, personally appeared Bruce G. Sevig and Shane A.
Schrader, to me personally known, who being by i-ne duly sworn, did say that these
persons are the Member-Managers of said Iowa Lot Development, LLC, that no seal has
been procured by the said limited liability company and that said instrument was signed
on behalf of the said Iowa Lot Development, LLC, by authority of its Members and the
said Bruce G. Sevig and Shane A. Schrader acknowledged the execution of said
instrument to be the voluntary act and deed of said corporation by it and by them
voluntarily ly executed.
NOTARY Pt.. BI..,IC - STATI',. OF IOWA
K JANEILLE M.SCHMIDT
commWon Nmber 183709
my I EX fres%V
TEMPORARY EASEMENT
COMES NOW, Bruce G. Gevig. osingle person, (Grantor)grantshoIowa Lot Development, LLC,
and (Developer) and the City ofFairfax, Linn County, Iowa, (collectively"Grantee" unless otherwise
specified.) a temporary public infrastructure easements for the purposes of turn-around access, sanitary
sewer, water main, and storm sewer easement, over and upon the following property located within
Heartland Heights Second Addition toFairfax, Iowa:
1, Grantor conveys Unto Grantee the following temporary 180'x100' Turna/ound, aoceoe, sanitary
oevver, water main, and storm sewer easement:
TEMPORARY 180'X100' TURNAROUND ACCESS, SANITARY SEWERIWATER MAIN, AND STORM
SEWER EASEMENT.
EASEMENT DESCRIPTION:
Part of the SW 1/4 of Section 4, Township 82 North, Rage 8 West, Linn County, Iowa, more particularly
described eofollows:
Commencing at the Northwest Corner ofLot 75. Heartland Heights First Addition in the City ofFairfax,
Linn County. Iowa; Thence N 04^12'1Z''VValong a East line of Parcel 'A'. Plat ofSurvey No. 2234 m
distance of184.U1feet; Thence NU1"47'O0^VValong aEast line ofsaid Parcel 'A'adistance of52237
feet; Thence S 88025'42" W along the North line of said Parcel 'A' to the Point of Beginning a distance
of124.8Afeet; Thence S88°25'42''VVcontinuing along said North line adistance of10O.OUfeet;
Thence NO1^47'08"VVadistance of12O.00feet; Thence N88°25'42'' Eand parallel tnsaid North line o
diatanoeof1O8,UOfaet; ThenueSO1,47'OQ'' EiomaidNndh |ineandthePointof8eginningadiutance
of120.OUfeet.
Said easement contains 0.28 acres, subject to easements and restrictions of record,
Grantor, the City of Fairfax, Iowa and the Developer agree that the Developer shall be
responsible to construct a temporary rock cul-de-sac, or"turnaround" at the end of the
streets set forth above in accordance with the phasing plan and improvement plans
approved bythe City ofFairfax, subject tothe following conditions:
a That said rock turnaround will be constructed at the North end of Heartland Street's
concrete pavement, as constructed in the Heartland Heights Second Addition in the City
of Fairfax, Linn County. |nvva pursuant to a design acceptable tothe City ofFairfax and
aashown nnattached exhibit.
b. Grantor and Developer agree that the area on the attached exhibit and adjoining the 60'
wide right-of-way being dedicated an public street right-of-waywith the Final Plat of
Heartland Heights Second Addition in the City ofFairfax, Linn County. |ovvo, shall
become a temporary easement for said rock turnaround, access and public utilities. A
portion of said area shall be dedicated as street right-of-way at such time that these
streets are extended to the North as shown on the approved Preliminary Plat for the
Heartland Heights Development.
c, That Developer shall obtain approval from the City Engineer and shall provide
acceptable end of street barricades, and shall provide street lights if deemed necessary
by the City cfFairfax.
d. That, Developer shall provide a sea|ooat surface for said rock turnaround to provide a
dust free surface iYorwhen deemednecessary bythe City ofFairfax.
2� The Developer and/or the Grantee of the attached easement, shall have the right while the
temporary easement isinexistence, to construct, vouonstrunt, maintein, repeir, and remove
cab|ee, pipes, underground |inee, and pipes and any other equipment orappurtenances above
or below the surface of the ground as may be necessary for the purposes of this easement
grant. The Grantees shall have the right of ingress and egress for the purposes stated above.
Grantors, their successors in interest and assigns, reserve the right to use said easement area
for any purpose which will not interfere with the Grantees full enjoyment rights hereby granted.
No permanent otrudunas, tnaeo, bushes or other plantings aheU be |0000ad on the area so
designated for this easement without first obtaining written authorization from the Grantee.
3,
The Grantors agree this Agreement shall be binding upon the Grantors, their successors, and
assigns and the sale by the Grantors of all or any part of said property described above shall
transfer the right and obligations tothe successor ininterest.
4. It is further agreed this agreement shall terminate and shall be considered null and void at such
time as the adjacent street improvements as shown in the attached exhibit is extended across
or within said easement area with maintenance bonds accepted by the City of Fairfax for said
improvements, or, at such time as deemed appropriate by the City of Fairfax, or City Engineer,
whichever occurs first.
�'
U- � J
�f |�
Doted this .' day uf y vt 2018.
Bruce G. Gevig
STATE OFIOWA )
)am
COUNTY OF L|NN )
Subscribed and sworn tobefore meby Bruce G. Seviq, osingle person, this _7, day of
, 2018.
CHRISTOPHER E,NELSON
Commission Number 777052
Notary PuU|ic— StateofIowa
CORINNE R.BIJTKOWSKI CYNTHIA A.M.PARKER
HOLLY A.CORKERY LYNCH DALLAS, PC. AMY L.REASNER
EMILY K.ELLINGSON .........I................... BENJAMIN W.R013EI60N
STEVEN C.LEIDINGER ATTORNEYS AT LAW KYLE A.SOUNHEIN
JON M.McCRICHT Established 1926 WILFORD H.STONE
SCOTT E.McLEOE) 526 Second Avenue SE www.lynchdallas.cow GREGORY T.USHER
AL EC J.MODRICK Cedar Rapids,IA 52401 WRITER'S EMAIL DAVID L.WENZEL.
MATTHEW 1.NAGLE Office 319,365-9101 jinccriglit@lynchdallas.cotii
13RETT S. NITZSCHKE Toll Free 1.877.966.9101 VOICE MAIL EXT. 104
PATRICK J.O'CONNELL Fax 319.365-9512 MAILING ADDRESS:
P.O.Box 2457
Cedar Rapids,IA 52406-2457
May 22, 2018
TO WHOM IT MAY CONCERN:
.1 have examined.the abstract of title to:
Part of Parcel A, Plat of Survey No. 2094 as recorded in Book 9668 Page
635 of the records of thef,inn County, Iowa recorder on October 7,2016
And
Parcel A, Plat of Survey No. 2234 as recorded in Book 10043 Page 427 of
the records of the Linn County, Iowa Recorder on February 23,2018
It is my opinion that fee title in the above-described real estate is in the following:
Iowa Lot Development, LLC
subject to the following:
1. Parcel A, Plat of Survey 2094 is subject to a mortgage, which is a second lien upon the
premises, running from Iowa Lot Development, LLC
to Fairfax State Savings Bank dated December 23, 2016, and filed January 3, 2017 in
Volume 9739, Page 540 in the office of the Linn County Recorder .
2. There is a mortgage running from Bruce G. Sevig to Fairfax State Savings Bank covering
Parcel A, Plat of Survey 2234, et al, dated April 2, 2015 and recorded April 6, 20 15, it]
Volume 9211, Page 670 in the office of the Linn County Recorder.
3. There is a mortgage running from Iowa Lot Development, LLC,to Bruce G. Sevig,
covering Parcel A, Plat of Survey 2094, dated October 12, 201.6 and.recorded October 13,
2016, in Volume 9673, Page 37 in the office of the Linn County Recorder,
4. The general taxes due September 1, 2017, and March 1, 2018 are paid in full.
5. The property tinder examination is subject to casements of record and zoning ordinances
of the City of Fairfax, Linn County, Iowa
6. The abstract has been extended by Iowa Title Company to April 25, 2018 at 5:30 p.1,11.
Respectfully submitted,
J, n M. McCright
JMM/rm
EXHIBIT
120' x 1 00' TEMPORARY TURNAROUND AND UTILITY EASEMENT
PART OF THE NE 1/4 SW 1/4 & PART OF THE SE 1/4 SW 1/4
OF SECTION 4, TOWNSHIP 82 NORTH, RANGE 8 WEST
IN THE CITY OF FAIRFAX, LINN COUNTY, IOWA
I.
i
tJ 86254E y�N\'oim
=Q�3,
500 GO � ,p5100'
11
APPROX.114 L.NE ! d j� l
FOR AREA ONLY F { —
_.
✓/ (0.44.67')
- ._—IN 88`25'42"Ej / 444.6T I ,
S 68"25'42"W POB c�
I � eF'ot>p
I fel
—
3a,
SCALE IN FEET
a
Q ems, I� I
I PCO I I
1 � I
`I i1 I
i m
1 ��a
POC
'L NW CORNER LOT 75 �. 9
'P 0' H'cf,RTLAN1"!
HEIGHTS
FIRSTADDITICN L
7 � I
N Z
t.
41 1P
FA$EME_IT DESCRIPTION: M'r" o -c"�>p�
Pail of the SW 114 of Sealipo 4,Township 82 North,Rage 8 West Linn Cocnty,larva,more pa'licularly described as
follows. t �'N�P '
Ccmmencing at the Nonhwesl Coyne,of Lot 75,Heartland Heights First Adoilion io the City of°alrfax,Linn County, I----
iowa;Thence N 04`t2'}2-41'along a Fast lire of?arcol'A',Plat of Survey Ho.2234 a distanca of 104.01 fool;Thence t
N 01'47'09'W atony a.East line of said Primel'A'a distance o`.522.37 feel;Thence S 88`25'4^."W along the worth line
of sad Parcel'A'to the Point of Beginning a distance of 124.89 feet;Thence S 88°25'42'W continuing along said Norh
linea distance of 509.00 feet;Thence NO,
01`47'09'W a distance of 120.00 Feel;Thence N 88`26'4e E and i5armird to
said North line ad stance of 100.00 feet;Thence S 01°47'09`E to said North line and the Point of Beginning a distance 'I o o yc C1 I p I O
or i20.UC Ieei.
Said easement contains 0.28 acres,subject to easements and resbicdcns of:record.
04VNER: BASE Of-BEARINGS: AREA: PAI_E OF SURVEY:
BRUCE SEVIG IO'VJA NORTH ZONE 0 22 ACRES 7111612017
5600 RCD OAK DRIVE
CORALV1tLE,iA 52241 SURVEY LEGEND
RECORCED AS
SUR`7FYOR i CONTACT: PARCEL ACREAGE TABLE POO POINT OF BEGINNING
WADE 0,LNAM7RE'.,PLS
SHH'E-:HATTFP.Y.IN. OL'AR ERS TOTAL POC POINT OF COMMENCE6iENT ,
316 LND STIREET SE,SUITE 500 NE 1.14 SW-,4 0 18 ACRE -----—'"- -- EXISTING LOT JNE
C EDAR RAPIDS,!OVIA 5240' — — ---- SECTION LINE
PHONE 319-364-0227 SE 5i4 Svv`4 01GACRE ��
FAX'.31' -3814251 -- (: M!��'.... �? ��`t t L� !T� EASGMCYT AREA
—a,owdct o:"'-hattsry.com
EXHIBIT-120'X 1 00'TEMP T URNAROUND&UTILITY EASEMENT \� p
PART OF THE NE 1/4 SW 114&BE 1/4 SW 1/4 OF SECTION 4,T82N,R8W SHIEF
V
IN THE CITY OF FAIRFAX,LINN COUNTY,IOWA
Li N '1h'i C3/1)/-FUR .iCnLE 1' 100• I:
for/a Indian
Missouri
t- ]F A'wN con .A°PNCVcC/.'J! fFLC 3001 "
REFERENCE DRrtw`NG ------ REv1510N --_
'?'HIS IS A REDUCED DRAWING
Dac ID: 023376720032 Type: GEN FOR DRAWENO TO SCALE,SEF
Retarded: 08/15/2038 at 06:56:34 AM BK10125 P6238-269 FNIVE,LOPE 2L PLIr CAB3�
Fee Amt $167.00 Page I el 32 ----
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