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HomeMy WebLinkAboutRESOLUTION NO. 2018-59 RESOLUTION NO. 2018-59 RESOLUTION APPROVING TEMPORARY CONSTRUCTION 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, lot 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 Temporary Construction 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 1 I'h day of September 2018. AYES: Daly, Kell, Volk, and Wainwright NAYS: None ABSENT: Otto h Burnell G. Frieden, Mayor R`y���y5'A#ameaaevr�,uF.A ATTEST: 3` J 56a w Cy thia K. Stimson, City Clerk/Treasurer ar` a ,a° TEMPORARY CONSTRUCTION EASEMENT FOR SANITARY SEWER SERVICE This instrument made this day of� 4 a�. , 2018, by Benjamin M. Dykstra and Suzann L. Dykstra, Husband and Wife (her ir 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 temporary construction easement for the purpose of constructing 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; and WHEREAS, said temporary construction easement shall become null and void upon the City's initial construction of said sanitary sewer main and the surface of the disturbed area within said temporary construction easement is established with turf grass. THEREFORE, for the above consideration Benjamin M. Dykstra and Suzann L. Dykstra, Husband and Wife, hereby grants unto the City of Fairfax, Iowa a temporary easement for the purpose of constructing said sanitary sewer main upon and under the following portions of the above described property: The west 30 feet and the south 30 feet of Lot 2, Block 7, Vanderbilt, n/k/a Fairfax, Linn County, Iowa; and the south 30 feet of Lot 1, Block 7, Vanderbilt, n/k/a Fairfax, Linn County, Iowa GRANTOR Benjamin M ykstra, Husband Benjamin M. D stra G NTOR Suzann L. Dykstra, Wife Suzann L. Dykstra Ftr-*x4 GRANTEE City of Fairfax, Iowa, d c� k Aurr6ell G. Frieden, Mayor' ATTEST: r Cy�hia Stimson` ity Clerk/Treasurer STATE OF IOWA ) ) ss COUNTY OF LINN ) On this 5-4 day of ' ___, 2018, before me, a Notary Public in and for the County of Linn, State f Iowa, 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. KIMBERLY DONAL©SON Commission Number 790647 My Commission Expires Not ry Public in and for Linn County, Iowa 06122/ 1