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HomeMy WebLinkAboutRESOLUTION NO. 2018-48 RESOLUTION NO. 2018-48 RESOLUTION SETTING A PUBLIC HEARING FOR SEPTEMBER 11, 2018 AND DIRECTING PUBLICATION OF NOTICE OF PUBLIC HEARING ON PROPOSED TERMINATION OF EASEMENT AGREEMENTS WHEREAS, the City Council of the City of Fairfax, Iowa, is in receipt of a proposed Agreement to Terminate and Vacate Easement for Storm Sewer Facilities in which the City of Fairfax, Iowa will terminate its Easement for Storm Sewer Facilities Agreement with Sobaski Real Estate, LLC that was recorded on May 12, 2017 at Book 9829, pages 659-663 in the office of the Linn County Recorder for the property legally described as: A part of Parcel A of Plat of Survey No. 2082 as recorded in Book 9590, Page 76, Office of the Recorder, Linn County, Iowa described as follows: Commencing as a point of reference at the SE corner of said Parcel A; thence N28°14'38"W along the east line of said Parcel A, 69.81 feet to the Point of Beginning; thence S43056'57"W, 86.18 feet; thence N36000'43"W, 30.47 feet to the west line of said Parcel A; thence N43°56'57"E, 90.50 feet to said east line; thence S28014'38" along said east line, 31.51 feet to the Point of the Beginning, containing 0.06 acres. WHEREAS, the City Council of the City of Fairfax, Iowa, is also in receipt of a proposed Agreement to Terminate and Vacate Access Easement in which the City of Fairfax, Iowa will terminate its Access Easement Agreement with Sobaski Real Estate, LLC that was recorded on May 12, 2017 at Book 9829, pages 644-651 in the office of the Linn County Recorder for the property legally described as: North 30 feet of the South 133 feet of Lot 2 of James Kurtz's Second Addition to Fairfax, Linn County, Iowa excepting the East 30 feet thereof and further excepting Parcel A of Plat of Survey No. 2082 as recorded in Book 9590, Page 76, Office of the Recorder, Linn County, Iowa. WHEREAS, the City Council of the City of Fairfax, Iowa proposes to terminate the aforementioned Easement for Storm Sewer Facilities Agreement and Access Easement Agreement because it believes it is in the City of Fairfax's best interest; and WHEREAS, the City Council of the City of Fairfax, Iowa, finds that a time and place of public hearing thereon before the City Council should be set and notice given as required by the Iowa Code. NOW THEREFORE, IT IS RESOLVED by the City Council of the City of Fairfax, Linn County, Iowa, that the City Clerk be and she is hereby directed to give notice of the intention of the City Council to terminate the aforementioned Easement for Storm Sewer Facilities Agreement and Access Easement Agreement, at a regular meeting of the City Council to be held at six o'clock p.m. on the 11th day of September, 2018, at the Fairfax City Hall, 300 80th Street Court, Fairfax, Iowa, at which time it will hear comments for or against said proposed terminations; and the City Clerk is hereby authorized and directed to publish notice of this hearing as provided by law. Passed and approved this 14th day of August, 2018. CITY OF FAIRFAX, IOWA Burnell G. Frieden, Mayor ATTEST: I, Cynthia Stimson, City Clerk/Treasurer of the City of Fairfax, Iowa, hereby certify that at a meeting of the City Council of said City, held on the above date, among other proceedings the above was adopted. Cynt`ia Stimson, City Clerk/Treasurer P O•j��YMa,..r e 1. Fairfax419915-27/Iss 2018 GOURCorpPurp&Refunding ISSUANCE OF GENERAL OBLIGATION URBAN RENEWAL CORPORATE PURPOSE AND REFUNDING BONDS, SERIES 2018 419915-27 Fairfax, Iowa August 14, 2018 The City Council of the City of Fairfax, Iowa, met on August 14, 2018, at 6:00 o'clock p.m., at the City Hall, Fairfax, Iowa. The meeting was called to order by the Mayor, and the roll being called, the following named Council Members were present and absent: Present: Mike Daly, Joe Kell,Nick Volk, and Marianne Wainwright Absent: Travis Otto It was reported that, on July 24, 2018, the City Council had approved the sale of the City's $2,170,000 General Obligation Urban Renewal Corporate Purpose and Refunding Bonds, Series 2018, and that it was now necessary for the Council to adopt a resolution authorizing the issuance of those Bonds. Council Member Wainwright introduced the resolution hereinafter next set out, providing for the issuance of the Bonds, and moved that the resolution be adopted, seconded by Council Member Daly. After due consideration, the Mayor put the question on the motion and the roll being called, the following named Council Members voted: Ayes: Daly, Kell, Volk, and Wainwright Nays: None Absent: Otto Whereupon, the Mayor declared the resolution duly adopted, as hereinafter set out. -1- DORSEY &WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA