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Home My WebLink AboutRESOLUTION NO. 2019-14 RESOLUTION NO. 2019-14 RESOLUTION APPROVING AN AGREEMENT FOR PRIVATE SANITARY SEWER 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 sanitary sewer facilities located on and under said Lot 1; and WHEREAS, the OWNER has submitted an Agreement For Private Sanitary Sewer Facilities to the CITY which defines the responsibilities of the OWNER and the CITY regarding the maintenance, repair, and reconstruction of said sanitary sewer facilities, as well as establishing the limits of these responsibilities along said sanitary sewer facilities. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, to enter into the Agreement for Private Sanitary Sewer 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 Sanitary Sewer Facilities. Passed and approved this 12th day of March, 2019. AYES: Otto, Daly, Kell, Volk, and Wainwright NAYS: None e urnell G. Frieden, Mayor ATTEST: Kim ona dson, Deputy City Clerk/Treasurer AGREEMENT FOR PRIVATE SANITARY SEWER FACILITIES This instrument made this � � day of �� a,� , 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 sanitary sewer system, and owns the north—south sanitary sewer facilities (sanitary sewer mains and sanitary sewer manholes) located within a sanitary sewer easement along the west side of 80th Street adjacent to said LOT 1; and WHEREAS, the OWNER owns the sanitary sewer facilities (the sanitary sewer main and the sanitary sewer manhole) located within said LOT 1, as well as the sanitary sewer main that extends from said LOT 1 through the 80th Street right-of-way to the point that this sanitary sewer main connects to the CITY's sanitary sewer manhole located within the CITY's north —south sanitary sewer facilities along the west side of 80th Street (hereinafter referred to SANITARY SEWER FACILITIES LOCATED ON LOT 1); and WHEREAS, the OWNER agrees to maintain, repair, and reconstruct said SANITARY SEWER FACILITIES LOCATED ON LOT 1; and WHEREAS, the OWNER also agrees to address any Inflow and/or Infiltration (I & 1) issues along said SANITARY SEWER FACILITIES LOCATED ON LOT 1 if the CITY determines that the I & I from said SANITARY SEWER FACILITIES LOCATED ON LOT 1 is at a level that the CITY would repair or reconstruct these sanity sewer facilities if it were the CITY's own sanitary sewer facility; and WHEREAS, the OWNER also agrees to backfill any excavations along said SANITARY SEWER FACILITIES LOCATED ON LOT 1 within the 80th Street right-of-way and/or the sanitary sewer easement located along the west side of 80th Street 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 SANITARY SEWER FACILITIES LOCATED ON LOT 1 within the 80th Street right-of-way and/or the sanitary sewer easement located along the west side of 80th Street, to return the ground cover/ surfacing to the existing ground cover/ surfacing at that time, or a substitute approved by the CITY and/or the adjacent property owner at that time. THEREFORE, for the above consideration K & G Investors, LLC, hereby agrees to own, maintain, repair, and reconstruct said sanitary sewer facilities located within said LOT 1, the adjacent 80th Street right-of-way, and the adjacent sanitary sewer easement located along the west side of 80th Street, to the point that these sanitary sewer facilities connect into the CITY's north — south public sanitary sewer facilities. 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. OWNER K & G Investors, LLC Robert G. Kadlec, DVM Member CITY City of Fairfax, Iowa, Burnell G. Frieden, Mayor ATTEST: r fer bi STATE OF IOWA ) ss COUNTY OF LINN ) 1 On this l ay of '�1«�,e1111 2019, before me, a Notary Public in and for the County of Linn, State o 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. KIMBERLY DONALDSON 'J Commission Number 790647 No ary Public in and for Linn County, Iowa b h My Commission Expires 06/22/;,2 STORMSEWER MAINTENANCE EASEMENT For and inconsideration ofthe sum cf One Dollar($1.O0and all other valuable consideration, the receipt ofwhich iehereby acknowledged, Fairfax 125 LLC ("Grantor"), ADDRESS: 411 Creek Side Dr, Fairfax. 1A 52228 does hereby warrant and convey unto LLQ, ADDRESS: 135 80th Street, Fairfax. 1A 52228, its successor and aeaignn.("Grantee^)' m perpetual easement with the right, phvi|eQe, and authority for access to cmnotruct, reconstruct, maintain, and repair a storm sewer intake and pipe located on the Grantee's property upon, over, and across the following described land located in the City ofFairfax, County ofLinn, and the State ofIowa: A 10 foot x 80 foot easement beginning at a point at the SE corner of Prairie Creek Estates Third Addition, Lot 2, thence north 10 feet along the easterly property line of said lot, thence west 80 feet parallel to the southern property line of said lot, thence 10 feet south parallel to the easterly property line of said lot, thence 80 feet east along southern property line of said lot to the place of beginning. r Signed this �� day of � � ~~-- 2018. _ ALL PURPOSE ACKNOWLEDGEMENT CAPACITY CLAIMED BY STATE OFIOWA 0|V|NOAL COUNTY 0PL|NN ss: -- IN__C0xY0KuT6 Titles ofCorporate ODiocr(u): On �/ before mc` the undersigned, n Notary y / __Corporate Sea] isuf�xcd / � ~ ' —No Corporate Seal procured Tomepersonally known __9ADlNEKS81P:_Limdcd_Gmn1 Or proved tonuo onthe basis ofsatisfactory evidence iobothe _ATTORNEY-IN-FACT person(s)vvhomo name(s)is/oro subscribed(othe within instrument and __8X6CU?ON(a)or7RQS7£B(y) acknowledged 1oroethat he/shc/theyexecuted the same inhia/buo/their __GU/\|lC)|/\N(a)or authorized oupuui(y(ien)` and that bykim/heuYbuirui&nu{uro(s)oil the __CONSBkVAT0K(m) instrument the porxon(a), orthe cnti|y(ieo) upon behalf ofwhich the __OTDBK: peroon(m)acted,executed the instrument. SIGNER IS REPRESENTING:(Sign Name) (Print Name Notary Public in and for the State of Iowa. KIMBEALY D0ffArM,:'50N_ My Commission Expires: AR'. My commission Expire