HomeMy WebLinkAboutRESOLUTION NO. 2018-54 RESOLUTION NO. 2018-54
RESOLUTION FOR THE TERMINATION AND VACATION OF A PRIVATE
SANITARY SEWER SERVICE 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 Private Sanitary Sewer Service
Easement located on said Lot 2, James Kurtz's Second Addition; and
WHEREAS, Sobaski Real Estate, L.L.C. has submitted plan of public improvements and a final plat
for Henry and Hallie Addition to the City of Fairfax, Linn County, Iowa, which includes public sanitary
sewer facilities and associated sanitary sewer easements for the purpose to provide sanitary sewer facilities to
the proposed numbered Lots within the 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 Private Sanitary Sewer Service Easement on said Lot 2; and
WHEREAS, Sobaski Real Estate, L.L.C. has submitted a Private Sanitary Sewer Service Easement
Termination and Vacation Agreement and Exhibit to the City of Fairfax, Iowa, and
WHEREAS, Hall and Hall Engineers, Inc. has reviewed said Private Sanitary Sewer Service
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 Private Sanitary Sewer
Service Easement.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, that
the "Termination and Vacation of the Private Sanitary Sewer Service 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 l It" day of September, 2018.
AYES: Daly, Kell, Volk, and Wainwright
NAYS: None
ABSENT: Otto
Burnell G. Frieden, Mayor
ATTEST:
Cyn ✓iia K. Stimson, City Clerk/Treasurer :< �
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