HomeMy WebLinkAboutRESOLUTION NO. 2019-13 RESOLUTION NO. 2019-13
RESOLUTION APPROVING AN AGREEMENT FOR PRIVATE WATER MAIN
FACILITIES ON LOT 1 OF PRAIRIE CREEK ESTATES THIRD ADDITION TO
THE CITY OF FAIRFAX, LINN COUNTY, IOWA
WHEREAS, K & G Investors, LLC, (OWNER) has submitted a site plan of improvements to the
City of Fairfax, Iowa (CITY) for the construction of additional buildings and related site improvements on
Lot 1 of Prairie Creek Estates Third Addition to the City of Fairfax, Linn County, Iowa; and
WHEREAS, there are water main facilities located on and under said Lot 1; and
WHEREAS, the OWNER has submitted an Agreement for Private Water Main Facilities to the
CITY which defines the responsibilities of the OWNER and the CITY regarding the maintenance, repair, and
reconstruction of said water main facilities, as well as establishing the limits of these responsibilities along
said water main facilities.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, to
enter into this Agreement for Private Water Main Facilities with K& G Investors, LLC.
BE IT FURTHER RESOLVED, by the City Council of the City of Fairfax, Iowa, that the Mayor
and the City Clerk/Treasurer are hereby authorized and directed to execute both this Resolution and the
Agreement for Private Water Main Facilities.
Passed and approved this 12th day of March, 2019.
AYES: Otto, Daly, Kell, Volk, and Wainwright
NAYS: None
Burnell G. Frieden, Mayor
ATTEST:
K' Dona dson, Deputy Ci'tlerk/Treasurer
AGREEMENT FOR PRIVATE WATER MAIN FACILITIES
This instrument made this � �® day of &��� �` , 2019, by K& G
Investors, LLC, (hereinafter referred to as OWNER) of the following described property:
Lots 1 of Prairie Creek Estates Third Addition to the City of Fairfax, Linn County, Iowa
WHEREAS, K& G Investors, LLC is the owner of the real property known and described as
set out above (hereinafter referred to as LOT 1); and
WHEREAS, the City of Fairfax, an Iowa municipal corporation, (hereinafter referred to as
CITY) is the owner of the City of Fairfax public water system, and owns the north —south water
main facilities (water main, valves, fire hydrants, etc.) located within the right-of-way along the west
side of 80th Street adjacent to said LOT 1. The City owns to, and including the gate valve located
on the east—west water main that goes into said LOT 1, with said gate valve being located along
the east side of 80th Street; and
WHEREAS, the OWNER owns the water main facilities (the water main, valves, fire
hydrants, services, etc.) located within said LOT 1, as well as the water main facilities that extends
from said LOT 1 through the 80th Street right-of-way to a point immediately east of the gate valve
located along this water main on the east side of 80th Street (hereinafter referred to WATER MAIN
FACILITIES LOCATED ON LOT 1); and
WHEREAS, the CITY owns and has the full and only rights to operate, close, and open said
gate valve located along the east—west water main to said LOT 1. The CITY shall close said gate
valve if there becomes a concern of contamination to the CITY's public water system from the
private water facilities on said LOT 1, and/or if payment of water bills for said LOT 1 are not kept
current; and
WHEREAS, the OWNER agrees to maintain, repair, and reconstruct said WATER MAIN
FACILITIES LOCATED ON LOT 1; and
WHEREAS, the OWNER also agrees to backfill any excavations along said WATER MAIN
FACILITIES LOCATED ON LOT 1 within the 80th Street right-of-way per the CITY's approved
Design, Construction and Improvements Standards at the time of the excavation; and
WHEREAS, the OWNER also agrees that during excavation activities along said WATER
MAIN FACILITIES LOCATED ON LOT 1 within the 80th Street right-of-way, to return the ground
cover/surfacing to the existing ground cover/surfacing at that time, or a substitute approved by
the CITY at that time.
THEREFORE, for the above consideration K& G Investors, LLC, hereby agrees to own,
maintain, repair, and reconstruct said water main facilities located within said LOT 1 and the
adjacent 80th Street right-of-way, to the point located immediately east of the CITY's gate valve,
which is located along the east side of 80th Street.
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The OWNER 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.
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OWNER
K &G Investors, LLC
��, �/"��L
Robert G. Kadlec, DVM Member
CITY
City of Fairfax, Iowa,
Burnell G. Frieden, Mayor
ATTEST:
I
STATE OF IOWA )
) ss
COUNTY OF LINN )
On this day of Wd..'-d� 2019, before me, a Notary Public in and for
the County of Linn, State of Iowa, personally appeared Robert G. Kadlec, DVM Member of K &
G Investors, LLC 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.
KTHY J E ERvETT Notary Pu icf' and for Linn County, Iowa
mission Number 777486
Commission Expires
March 15,2022
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