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HomeMy WebLinkAboutRESOLUTION NO. 2018-53 RESOLUTION NO. 2018-53 RESOLUTION FOR THE TERMINATION AND VACATION OF A SHARED STORM WATER DETENTION POND EASEMENT, PART OF LOT 2, JAMES KURT'Z SECOND ADDITION TO FAIRFAX, IOWA, EXCEPT THE SOUTH 103 FEET THEREOF, ALSO EXCEPT PARCEL A, PLAT OF SURVEY NO. 2082 WHEREAS, Sobaski Real Estate, L.L.C. is the legal title holder of 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; and WHEREAS, Sobaski Real Estate, L.L.C. is also the owner of a Shared Storm Water Detention Pond Easement located on said Lot 2, James Kurtz's Second Addition; and WHEREAS, Sobaski Real Estate, L.L.C. has submitted a final plat for the Henry and Hallie Addition to the City of Fairfax, Linn County, Iowa, which includes Outlot A for the purpose of providing storm water detention for said Henry and Hallie Addition; and WHEREAS, Sobaski Real Estate, L.L.C. has requested the City of Fairfax approve of the Termination and Vacation of the Shared Storm Water Detention Pond Easement on said Lot 2; and WHEREAS, Sobaski Real Estate, L.L.C. has submitted a Shared Storm Water Detention Pond Easement Termination and Vacation Agreement and Exhibit to the City of Fairfax, Iowa, and WHEREAS, Hall and Hall Engineers, Inc. has reviewed said Shared Storm Water Detention Pond Easement Termination and Vacation Agreement and Exhibit submitted by Sobaski Real Estate, L.L.C. and recommends the interests in said easement held by the City of Fairfax is no longer necessary and has further recommended that the City of Fairfax approve of the termination and vacation of said Shared Storm Water Detention Pond Easement. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, that the Termination and Vacation of the Shared Storm Water Detention Pond Easement located on part of Lot 2, James Kurtz's Second Addition is 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 I It" day of September, 2018. AYES: Daly, Kell, Volk, and Wainwright NAYS: None ABSENT: Otto r urnell G. Frieden, Mayor ATTEST: Cy thia K. Stimson, City Clerk/Treasurer L 0 4'