HomeMy WebLinkAboutRESOLUTION NO. 2018-58 RESOLUTION NO. 2018-58
RESOLUTION APPROVING SANITARY SEWER EASEMENT
AGREEMENT BETWEEN BENJAMIN & SUZANN DYKSTRA, AND
THE CITY OF FAIRFAX
WHEREAS, the City of Fairfax has an existing well head at 305 Main Street; and
WHEREAS, the City of Fairfax will install and maintain sanitary sewer through
property owned by Benjamin and Suzanne Dykstra, Lots 1 & 2 of Vanderbilt; and
WHEREAS,the City of Fairfax Building and Utility Departments recommend this
agreement; and
WHEREAS, Hall and Hall Engineers, has prepared said Sanitary Sewer Easement
Agreement.
NOW,THEREFORE BE IT RESOLVED that the City Council of Fairfax,Iowa,
approves said Sanitary Sewer Easement Agreement on part of Lot 1, and part of Lot 2,
Block 7, Vanderbilt.
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 11 th day of September 2018.
AYES: Daly, Kell, Volk, and Wainwright
NAYS: None
ABSENT: Otto
Burnell G. Frieden, Mayor
ATTEST:
Cy thia K. Stimson, City Clerk/Treasurer ��
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EASEMENT FOR SANITARY SEWER SERVICE
This instrument made this day of „ - , 2018, by Benjamin M.
Dykstra and Suzann L. Dykstra, Husband and Wife (h6ireinafter referred to as Grantor) of the
following described property:
Lots 1 and 2 Block 7 Vanderbilt, n/k/a Fairfax, Linn Co. Iowa
WHEREAS, Benjamin M. Dykstra and Suzann L. Dykstra, Husband and Wife are the
owners of the real property known and described as set out above is the Grantor; and
WHEREAS, the City of Fairfax, an Iowa municipal corporation, proposes to construct a
sanitary sewer main upon and under a portion of the above real property owned by the Grantor;
and
WHEREAS, the Grantor has agreed to give the City of Fairfax, Iowa, a perpetual and
continual easement for the purpose of constructing, reconstructing, and maintaining said sanitary
sewer main upon a portion of the real property of the Grantor, for consideration of$1.00 and other
valuable considerations duly paid and acknowledged.
THEREFORE, for the above consideration Benjamin M. Dykstra and Suzann L. Dykstra,
Husband and Wife, hereby grants unto the City of Fairfax, Iowa, and its assigns a perpetual and
continual easement for the purpose of constructing, reconstructing, and maintaining the sanitary
sewer main upon and under the following portions of the above described property:
The north 85 feet of the west 8 feet and the south 65 feet of the west 15 feet of Lot 2, Block
7, Vanderbilt, n/k/a Fairfax, Linn County, Iowa; the south 15 feet of Lot 2, Block 7, Vanderbilt,
n/k/a Fairfax, Linn County, Iowa; and the south 15 feet of Lot 1, Block 7, Vanderbilt, n/k/a
Fairfax, Linn County, Iowa
The Grantor further agrees to erect no buildings, obstructions, or other improvements upon
or under the property covered by this Easement which would interfere with construction,
reconstruction, or maintenance of said sanitary sewer main without first obtaining permission from
the City of Fairfax, Iowa.
The Grantor further agrees that this Agreement shall be binding upon the Property Owner,
their successors, and assigns and the sale by the Property Owner of all or any part of said property
described above shall transfer obligations of the Property Owner to the successor in interest.
GRANTOR
Benjamin M. Dykstra, Husba
Benjamin�IVf.....®ycc� ra
GRANTOR
Suzann L. Dykstra, Wife
6`
Suzann L. D kstra
�t'0,�rr
GRANTEE
City of Fairfax, Iowa, �V � ' '.
Burnell G. Frieden, Mayor
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ATTEST:
Cynt is Stimson, Cify Clerk/Treasurer
STATE OF IOWA
KIMBERLY DONALDSON
Commission Number 790847
) ss ' - My Commission Expires
COUNTY OF LINN ) osi2�r�t
On this day of 1C� 2018, before me, a Notary Public in and for
the County of Linn, State of Nowa, personally appeared Benjamin M. Dykstra, and Suzann L.
Dykstra, Husband and Wife, to me known to be the persons named in and who executed the
foregoing instrument and acknowledged that they executed the same as their voluntary act and
deed.
IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the
day and year last above written.
otar Public in and for Linn County, Iowa
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CAD File1:\p.oje,ts\6900\6950\GY-18\6950-18-01 WO House S,,it,,y Ext ension\DWG\Bose\6950-18-01-DE61GN.dwg Date Plotted A,g 30,2018- 3:340 Plotted By: JLARSON