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Home My WebLink AboutRESOLUTION NO. 2019-42 RESOLUTION NO. 2019-42 A RESOLUTION ENTERING INTO A SANITARY SEWER EASEMENT ENCROACHMENT AGREEMENT WHEREAS, the City of Fairfax has a 20' sanitary sewer easement across the front of the property at 429 Front Street, Fairfax described as: Lot 5, Selzer's Lakeside Addition to Fairfax, Iowa; and WHEREAS, Cory and Stacy Stockton own the property at 429 Front Street; and WHEREAS,they have a detached garage that currently encroaches into this sanitary sewer easement by approximately four feet; and WHEREAS, they have requested and were granted a three-foot variance of the 25' required front yard setback for a new front porch during the Fairfax Board of Adjustment meeting on August 7, 2019; and WHEREAS, they are requesting to be able to encroach into the sanitary sewer easement by no more than five feet for the new front porch and are willing to sign the proposed Sanitary Sewer Encroachment Agreement as proposed by the city engineer and modified by the city attorney. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax, to enter into the attached Sanitary Sewer Encroachment Agreement with Cory and Stacy Stockton for their property at 429 Front Street. This agreement covers both the garage that is already in the easement and the proposed front porch. BE IT FURTHER RESOLVED, that the Mayor and City Clerk/Treasurer are hereby authorized and directed to execute said resolution. Passed and approved this 13t" day of August, 2019. AYES: Otto, Kell, Volk, and Wainwright NAYS: None ABSENT: Daly .cJ_ee Burnell G. Frieden, Mayor ATTEST: C nthia K. Stimson, City Clerk/Treasurer �✓ B �y , Oe•.. eq SANITARY SEWER EASEMENT ENCROACHMENT AGREEMENT This Agreement made this 13th day of August, 2019, between Cory D. Stockton and Stacy J. Stockton, husband and wife, owner(s) of Lot 5, Selzer's Lakeside Addition to Fairfax, Iowa (hereinafter referred to as OWNER) of the following described property (hereinafter referred to as LOT 5): Lot 5, Selzer's Lakeside Addition to Fairfax, Iowa and The City of Fairfax, Iowa, (hereinafter referred to as CITY) owns and maintains sanitary sewer facilities located within a Sanitary Sewer Easement (hereinafter referred to as EASEMENT) located on said LOT 5. The OWNER has previously encroached into said EASEMENT with the construction of a garage on said LOT 5, and the OWNER also wishes to construct a porch on the front of the existing house that will also encroach into said EASEMENT. 1. The OWNER recognizes that the encroachment of the garage and/or the front porch into said EASEMENT may cause the CITY, or a representative of the CITY, addition time, effort, materials, equipment, etc. to maintain, repair, design, and/or reconstruct the sanitary sewer facilities located within said EASEMENT, which translates into additional costs for the CITY; and 2. When the CITY, or representatives of the CITY, is maintaining, repairing, designing, or reconstructing the sanitary sewer facilities located within said EASEMENT on LOT 5, and there is additional time, effort, materials, equipment, etc. that translates to additional costs for the CITY due to the encroachment of the garage and/or the front porch into said EASEMENT, the OWNER agrees that the CITY may choose to either: a. Remove the garage and/or front porch as necessary to allow the CITY, or representatives of the CITY,to complete the necessary maintenance, repair, design, and/or reconstruction of the sanitary sewer facilities located within said EASEMENT with no additional costs due to the encroachment of the garage and/or front porch into this EASEMENT; or b. Reimburse the CITY for all additional costs that the CITY incurred for the additional time, effort, materials, equipment, etc. to maintain, repair, design, and/or reconstruct the sanitary sewer facilities located within said EASEMENT due to the encroachment of the garage and/or front porch into this EASEMENT. 3. The CITY, or representatives of the City, shall not be liable for any damages that may occur to the garage, the front porch, or the house located on LOT 5 due to the maintenance, repair, design, and /or reconstruct the sanitary sewer facilities located within said EASEMENT. The OWNER agrees that Sanitary Sewer Easement Encroachment Agreement shall be binding upon both Property Owners, their successors, and assigns and the sale by either Property Owner of all or any part of said properties described above shall transfer obligations of the Property Owner to the successor in interest and that any future encroachments must be approved in advance by the council for this or any other property in the City of Fairfax. OWNER Cory D. Stockton and Stacy J. o kton, husband and wife __..._.._... Cory D. Stockton, husban DATE d — Stacy oc on, wi DATE STATE OF IOWA ) ) ss COUNTY OF LINN ) On this day of �_ , 2019, before me, a Notary Public in and for the County of Linn, State of Iowa, pers ' ally appeared Cory D. Stockton and Stacy J. Stockton, husband and wife, to me known to be the person named in and who executed the foregoing instrument and acknowledged that he executed the same as his 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. 99im TIMSONNo ry Public in and for Linn County, Iowa ber 128033n Expires2022 CITY OF FAIRFAX Mayor. J Burnell G. Frieden, Mayor DATE «� STATE OF IOWA ) ss COUNTY OF LINN ) On this day of , 2017'before me, a Notary Public in and for the County of Linn, State of Iowa, personilly appeared Burnell G. Frieden, Mayor, to me known to be the person named in and who executed the foregoing instrument and acknowledged that he executed the same as his 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. Cy thia Stimson, Notary Public in and for Linn County, Iowa tiP1,AZ s CYNTHIA K. STIMSON 1-111, `ter Commission Number 128033 My Commission Expires iOwP April 13,2022