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07-12-2005 Council Minutes
AGENDA FAIRFAX CITY COUNCIL REGULAR MEETING TUESDAY,JULY 12, 2005 AT 7:00 PM FAIRFAX CITY HALL—525 VANDERBILT STREET Tentative Agenda with possible action on the following items. 1. Call to Order/Roll Call 2, Approval of Agenda and Clerk's Financial Reports 3. Approval of and place on file: a. Minutes dated June 14, 2005 —Regular Meeting b. Minutes dated Julie 22, 2005 - Work Session 4. Accept and place on file- a. Minutes dated rune 20, 2005 —Planning & Zoning CorninissionMecting b. Minutes dated July 5, 2005 - Board of Adjustment Meeting 5. Public Hearing - Synergy Development Group, LLC Request for Rezoning Classification from AG(Agricultural) to 2 RM (Multi-Family Residential) a. Review Planning &Zoning Commission's Recorrimendation to approve Rezoning Classification- 2 RM (Multi-family Residential) 6. Consider motion to accept Planning &Zoning's Recommendation No. 2005-12 to approve Rezoning Classification of 2 RM (Multi-Family Residential) 7. Proposed Ordinance No., 41 pertaining to amending the Fairfax Zoning Ordinance of 2000 - Official Zoning Map and Zoning District Boundaries a. Consider introduction of Ordinance No. 41 b. Consider motion to suspend rule requiring that an ordinarice be voted on for passage at two council meetings prior to this meeting be suspended with respect to Ordinance No. 41 c. Consider motion for final passage and adoption with respect to Ordinance No.41, AN ORDINANCE AMENDING THE FAIRFAX ZONING ORDINANCE OF 2000, OF THE CITY OF FAIRFAX, IOWA,BY AMENDING THE OFFICIAL ZONING MAP AND ZONING DISTRICT BOUNDARIES BY REZONING CERTAIN PROPERTY GENERALLY LOCATED EAST OF 80TH STREET AND SOUTH OF WILLIAMS BLVD IN THE CITY OF FAIRFAX,IOWA, FROM AG (AGRICULTURAL DISTRICT) TO 2 RM(MULTI-FAMILY RESIDENTIAL DISTRICT) 8. Public Hearing - Synergy Development Group, LLC Request for Rezoning Classification from AG(Agricultural) to C 2 (Highway Coniniercial District) a. Review Planning,&Zoning Commission's Reconiniendation to approve Rezoning Classification- C 2 (Highway Commercial District) 9. Consider motion to accept Planning & Zoning's Recommendation No. 2005-13 to approve Rezoning Classification of C 2 (Highway Commercial District) 10. Proposed Ordinance No.42 pertaining to amending the Fairfax Zoning Ordinance of 2000 - Official Zoning Map and Zoning District Boundaries a. Consider introduction of Ordinance No. 42 b. Consider motion to suspend rule requiring that an ordinance be voted on for passage at two council meetings prior to this meeting be suspended with respect to Ordinance No. 42 c. Consider motion for final passage and adoption wit h respect to I Ordinance No. 42, AN ORDINANCE AMENDING THE FAIRFAX ZONING ORDINANCE OF 2000, OF THE CITY OF FARUAX, IOWA., BY AMENDING THE OFFICIAL ZONING MAP AND ZONING DISTRICT 1301 NDARIES BY REZONING CERTAIN PROPERTY GENERALLY LOCATED EAST Ole 80TH STREET AND SOUTH OF WILLIAMS BLVD IN THE CITY OF FAIRFAX, IOWA, FROM AG (AGRICULTURAL DISTRICT) TO C 2 (HIGHWAY COMMERCIAL DISTRICT) 11. Resolution amending the Future Land Use Map of the Comprehensive Plan of 1999 for property located East of 80th Street and South of Williams Blvd 12. Preliminary Plat - Prairie Creek Estates a. Review and consider motion to accept Planning&Zoning Commission's Recommendation No. 2005-14 to approve Preliminary Plat 13, Resolution approving Preliminary Plat -Prairie Creek Estates 14, Leah Rogers, Linn County historic Preservation 15. Discussion on Sewer Facility Project with possible action on financing the project 16. Dick Ransom, Hall &Hall Engineers, Inc. a. Consideration of participation with IDOT for improvements on Highway 151 b. Plat of Survey 1239 - Dave Selzer c. Plat of Survey 1269 - Harold McCormick d. Discussion of Surety Bid - Sevig Construction e. Discussion on waterway between Skyview Ave. &Highland Ave. 17, Randy Von Lienen, extension of water&sewer on 80th St. &proposed building site 18. Discussion on purchasing property at 523, Vanderbilt St. 1.9. Resolution Narning Depositories 20. Resolution adopting Investment Policy 21. Discussion on Salaries 22. Consider motion for Acceptance of Warranty Deeds Outlets B & C Fairfax Heights Addition and Outlet B in Prairie View Estates 23. Dennis & Jim Bland, Randy Henkes, Dan Nemec - Compost site, Linn-Johnson Rd 24. Approval of Claims List dated July 12, 2005 25. Reports a. Sheriff Department b. Library c. Fire Department d. Maintenance Department e. Parks Department 26, Discussion a. Opportunity for citizens not on agenda 27. Clerk Comments a. Census b. Town Meeting- Comprehensive Plan 28. Mayor Comments 29. Adjournment CITY OF FAIRFAX REGULAR COUNCIL MEETING July l2, 2005 Regular meeting of the Fairfax City Council was held Tuesday, July 12, 2005 at Fairfax City Hall at 7:00 PM. Mayor Voss presided. Council members present: Beer, Frieden, Scott, Glick, Wainwright. Absent: None. Others present: Nancy Flickinger, Ron Dusil, Dave Yanceck, Dick Ransom, Deputy Uhler, Larry Berger, Randy Von. Lienen, Dave Selzer, Harold McCormick, Vernon Cerveny, Shane Novak, Cammie Heefner, Catrina Hynek, Dennis Bland. Beer moved to approve the agenda and Clerk's Financial Statements, seconded by Scott. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None, Motion carried. Frieden moved to approve and place on file the minutes of the regular council meeting dated June 14, 2005, the minutes of tla.e work ;session dated June 22, 2005, and to accept and place on :fil.e the minutes of the Planning anal. 'Zoning Conunission meeting dated June 20, 2005, and the minutes of the Board of Adjustment meeting dated July 5, 2005, seconded by Beer. Roll call vote:,Ayes: Beer, Frieden, Scott, Gluck, Wainwright. Nays: None. Motion carried. The Sheriff's report was given by Deputy Uher and the Call for Service Log was submitted and discussed. Mayor Voss announced that this was the time and place for a public hearing on the matter of the proposed action of Synergy Development Group, LLC for Rezoning Classification from AG (Agricultural) to 2RM (Multi-Family Residential). Notice of this hearing was published in the Cedar Rapids Gazette on July 1, 2005. Shane Novak suggested that 2nd St. be connected to 80th St. because of high traffic volume and safety issues, Councilor 'Wainwright said that Council considered several options and, discussed the development exits and, felt this was the best plan, ;Dick Ransom said that increased, traffic speeds would result if 2"`u St. connected to 80`x' St. and it would make this area less desirable. Concerns were expressed about the increased traffic from this development exiting on Highland Ave. to Hwy 151. There being no further comments or objections, Mayor Voss closed the Public Hearing at 7:35 p.m. Frieden moved to accept the Planning & Zoning's Recommendation No 2005-12 to approve Rezoning Classification of 2RM (Multi-Family Residential), seconded by Glick. Roll call: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None. Motion carried. Wainwright introduced Ordinance No. 41, AN ORDINANCE AMENDING THE FAIRFAX ZONING ORDINANCE OF 200,01) OF THE CITY OF FAIRFAX, IOWA, BY AMENDING THE OFFICIAL ZONING MAP AND ZONING DISTRICT BOUNDARIES BY REZONING CERTAIN PROPERTY GENERALLY LOCATED EAST OF 80TA STREET AND SOUTH OF WILLIAMS BLVD IN THE CITY OF FAIRFAX, IOWA, FROM AG (AGRICULTURAL DISTRICT) TO 2 RM (MULTI-FAMILY RESIDENTIAL DISTRICT). Wainwright moved that the rule requiring that an ordinance be considered and voted on for passage at two council meetings prior to this meeting be suspended with respect to Ordinance No. 41, seconded by Beer. Roll call vote: Ayes. Beer, Frieden, Scott, Glick, Wainwright. Nays: None. Motion carried. Wainwright moved that Ordinance No. 41, AN ORDINANCE AMENDING THE FAIRFAX ZONING ORDINANCE OF 20001 OF THE CITY OF FAIRFAX, IOWA, BY AMENDING THE OFFICIAL ZONING MAP AND ZONING DISTRICT' BOUNDARIES BY REZONING CERTAIN PROPERTY GENERALLY LOCATED EAST OF 80TH STREET AND SOUTH OF WILLIAMS BLVD IN THE CITY OF FAIRFAX, IOWA, FROM AG (AGRICULTURAL DISTRICT) TO 2 RM (MULTI-FAMILY RESIDENTIAL DISTRICT) be considered for the third. time,placed upon its passage and adopted, seconded by Frieden. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays:: None. Motion carried. Ordinance No. 41 is declared to have been enacted. Mayor Voss announced that this was the time and place for a public hearing on the matter of the proposed, action of Synergy Development Group, LLC f,or Rezoning Classification from A.G (Agricultural) to C2 (Ilighway Commercial District). Notice of this hearing was published in the Cedar Rapids Gazette on July 1, 2005. There being no further comments or objections, Mayor Voss closed the Public Hearing at 7:40 p.m. Frieden moved to accept the Planning and Zoning's Recommendation No. 2005-13 to approve Rezoning Classification of C2 (Highway Commercial District), seconded by Beer. Roll call vote: Ayes: Beer, Frieden, Scott, Glick,Wainwright. Nays: None. Motion carried. Wainwright introduced Ordinance No. 42, AN ORDINANCE AMENDING THE FAIR-FAX ZONING ORDINANCE OF 2000, OF THE CITY OF FAIRFAX, IOWA, BY AMENDING THE OFFICIAL ZONING MAY AND ZONING DISTRICT BOUNDARIES BY REZONING CERTAIN PROPERTY GENERALLY LOCATED DIRECTLY EAST OF 80TH STREET AND SOUTH OF WILLIAMS BLVD IN THE CITY OF FAIRFAX, IOWA, FROM AG (AGRICULTURAL DISTRICT)TO C-2 (HIGHWAY COMMERCIAL DISTRICT). Beer moved that the rule requiring that an ordinance be considered and voted on for passage at two council meetings prior to this meeting be suspended with respect to Ordinance No. 42, seconded by Frieden. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None. Motion carried. Wainwright moved that Ordinance No. 42, AN ORDINANCE AMENDING THE FAIRFAX ZONING ORDINANCE OF 2000, OF THE CITY OF FAIRFAX, IOWA,BY AMENDING THE OFFICIAL ZONING MAY AND ZONING DISTRICT BOUNDARIES BY REZONING CERTAIN PROPERTY GENERALLY LOCATED DIRECTLY EAST OF 80TH STREET AND SOUTH OF WILLIAMS BLVD IN THE CITY OF FAIRFAX, IOWA, FROM AG (AGRICULTURAL DISTRICT) TO C-2 (HIGHWAY COMMERCIAL DISTRICT), be considered for the third time, placed upon its passage and adopted, seconded byl,11rieden. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright, Nays: None. Motion carried. Ordinance No. 42 is declared to have been enacted. Wainwright introduced the following Resolution and moved its adoption, seconded by Beer. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None. Motion carried, Whereupon the Mayor declared the following duly adopted: Resolution No. 2005-21 entitled, "'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFAX, IOWA AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN OF 1999 FOR PROPERTY LOCATED EAST OF 80TIl STREET AND SOUTH OF WILLIAMS BLVD % Passed and approved this 121h day of July 2005. Discussion was held,regarding the Preliminary Plat of Prairie Creek Estates. Inquiry was made about the lots that back up to the West side of Horizon matching up with the lots in the riew development. Dick Ransom said that the lot size meets the zoning requirements. This plat allows for the desired additional green space. Brent Schlotfelt said that the lot size would not be increased and would remain the same as shown on the plat. Frieden moved to accept the Planning & Zoning Commission's Recommendation No. 2005-14 to approve the Preliminary Plat —Prairie Creek Estates, seconded by Scott. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None. Motion carried. Frieden introduced the following Resolution and moved its adoption, seconded by Glick. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None. Motion carried. Whereupon the Mayor declared the following duty adopted: Resolution No. 2005-22 entitled "A RESOLUTION APPROVING PRELIMINARY PLAT — PRAIRIE CREEK ESTATES". Passed and approved this 12'h day of July 2005. Leah Rogers, Linn County Historic Preservation, presented a slide show and reported on historical resources and properties in Fairfax and Fairfax township. Discussion was held on the Sewer Facility Project and several options for financing of the project were presented by Larry Berger, Speer Financial. Larry will proceed with the financing. Wainwright moved to direct Hall &Hall.to prepare the SRF application and submit it to tb.e'fDNR for approval, seconded by Beer. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays. None. Motion carried. Dick Ransom, Hall & Hall Engineers, Inc., reported on the City's possible participation with the TDOT for improvements on Highway 151. Dick Ransom will research the cost of turn lanes in the commercial area and report to Council. Wainwright moved that Dick Ransom write letters to the surveyor that the following plats nice the codes of Fairfax: Plat of Survey 1239 — Dave Selzer and Plat of Survey 1269 Harold McCormick, seconded by Frieden. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None. Motion carried. Discussion of Surety Bid, from Sevig Construction was held and will be researched and reported on at the next meeting. Discussion on waterway between Skyview Ave. & Highland Ave. was'held. The Maintenance Department will get estimates for reshaping the ditches (the segments between the two culverts) so it can be maintained. Randy Von Lienen discussed the extension of water & sewer on 80til St. and a proposed building site on the comer of Hwy 151 and 80th St. which includes residential and commercial facilities. Beer made the motion to issue a grading permit subject to the plans being approved by the City Engineer, referral to P & Z for a zoning classification amendment, and a building permit will be referred to a special council meeting yet to be determined, seconded by Wainwright. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None. Motion carried. Discussion on purchasing property at 521 Vanderbilt St. was held reporting that this property is no longer for sale,but in the event it is for sale again, they will call the City. Wainwright introduced the following Resolution and moved its adoption, seconded by Beer. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None. Motion carried. Whereupon the Mayor declared the following duly adopted: Resolution No. 2005-23 entitled, "A RESOLUTION NAMING DEPOSITORIES". Passed and approved this 12t" day of July 2005. Wainwright introduced the following Resolution and moved its adoption, seconded by Beer. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None. Motion carried. Whereupon the Mayor declared the following duly adopted: Resolution No. 2005-24 entitled, "'A RESOLUTION ADOPTING A POLICY FOR THE INVESTMENT OF PUBLIC FUNDS". Passed and approved this 12"' day of July 2005. Beer made a motion to table the discussion on salaries until the special meeting, seconded by Glick, Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None. Motioii carried. Discussion was held on the Acceptance of Warranty Deeds — Outlet B in Prairie View Fstates, and Warranty Deeds Outlet B in Fairfax Heights I't Addition & C in Fairfax Heights 2nd Addition, Dick Ransom recommended that the City not take on the responsibility for the pond. The insurance company will be contacted to find out the situation with the insurance and liability. Beer moved that we accept the Warranty Deeds for Outlets B in Fairfax Heights I st Addition &C in Fairfax Heights 2nd Addition, seconded by Scott. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None. Motion carried. Beer moved to table Acceptance of Warranty Deed — Outlet B in Prairie View Estates Fairfax awaiting further information, seconded by Scott. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None. Motion carried. Cammie Heef-her, Catrina Hynck, and Dennis Bland, reported on the proposed compost site on the Linn-Johnson Rd., 4 Miles South of Fairfax- The City will write a letter expressing its opposition to this facility. Beer moved to approve the Claims List dated fuly 12, 2005, seconded by Scott. Roll call vote: Ayes: Beer,Frieden, Scott, Glick, Wainwright. Nays: None. Motion carried. Reports: Vernon Cerveny, Library, reported that 221 people enrolled in the summer reading program. He received the paper for the $3,000 Library Consultant Grant that they will be applying for and will contact a consultant in Ames. Dave Ya-necek, Fire Department, reported that the fireworks donations. Ron Dusil, Maintenance Department, reported that the new banners will be put up soon,the streets are being sanded because of bleeding oil, and they will get bids on fixing the streets. Councilor Beer, Parks Department, reported that the "Movie in the Park" was a huge success, with an estimated 250 people in attendance. The next movie, "The Incredibles", will be shown at the ballpark on Friday, August 19. The next Visioning meeting will be held on Monday, August 8th at 6:00 p.m. Council approved Beer to look into getting a used projector to use for the movies in Fairfax, which uses a replaceable bulb. Beer said a Parks Committee should be formed and is asking for volunteers. Beer asked that the electrical be upgraded at the ballpark,, due to fuses being blown.. Maintenance will get bids for electrical service to the back stop and rewire the popcorn machine at the concession stand. There being no further business, Scott moved adjournment at 10:07 p.m., seconded by Frieden. All in favor. MAYOR: 13111 Voss ATTEST: Connie Frame, City Clerk Disclaimer: The foregoing minutes are not official until approved by Council. STATE OF IOWA Counties of Linn and Johnson ss. Ntttte�ate t[c HIEARI.dG @7 �f9P0C�d[��L9LR7tON T8 7deFll$ Ct=i�591F1C4o T[7 WH�tYi t dltAY G4tlo R61 au afe frar L W turlltietl that a faubk Hewin§ wcll.he,ho fd'be8ore the f=a€rfax City..Council ; upat't thk�appfid tibn at SYner II D." (aprnent; i, Joe Hladky, being duly sworn on oath, do state that I am CrtlRdp LLC aW iter at the tollawtn9�1d3LribtFd ted�a f ,a fh ,r �w�h��a�th; the publisher of THE GAZETTE, a daily newspaper of V4 thl g!aaltsoy n tn9�oavn n�ps2�ivo fhx f�ta,8r.dt,tre eft, I�riftcipal hACrldiort general circulation in Linn and Johnson Cop,nties, Iowa. The I Cnn Cauhwv, tonaa, more part;ic AMY d'Oe rtb din rri�tr antirea,Fairtax0Y.Hatt, notice', a printed copy of which is attached, was inserted and ail t Feal propdrtY n6.i,situate rrf fhe city at published in THE GAZETTE newspaper in the issue(s) Of f?atnge Crsuntic at Lunn Stare fawa.T#te,: tttanse rec�ulosfed.[s`#rom AG,s(kgr[culful'al? S?€strict?toy R tE'Ytultipfe Famw ResideEtifiat_ f rstr€ct] Tkt sapa�frtra7tn4 uut14 be held WON the I'airr a iIM3.Ty r-46widtf ai Fairtax CItY Hari an ;tuesday R VT 5 at 700':D or soon fhereaifor 91.0 efs bt and p18CL you rn av 2a Q5, appear tid'b "ft a�`d in regard ta eafd apoka- tran The reasonable fee for publishing said notice is $ Cona[r:Frat�� CatY±✓lark 12-52 „PUbkshed in fie, ;aYt tfe b€r 40 1,2005 Signed and sworn to be ore me on wluly s 20 cas, by Joe Hladky. Not ffy Public in a for the State of Iowa Received payment for above from __ __ [ 2Q, , GAZETTE COMMUNICATIONS, INC. By a �►�ei.rca [-COWAISSM ul tareR t23 8 y CCimMISSION EXPIRES p,p FFSSF JM Y 1��aRODb I STATE OF IOWA Counties of Linn and Johnson ss. i I, sloe Hladky, being duly sworn on oath, do state that I am the publisher of THE GAZETTE, a daily newspaper of general circulation in Linn and Johnson Counties, Iowa.. The notice, a printed copy of which is attached, was inserted and published in THE GAZETTE newspaper in the issue(s) of July 23 20 05. The reasonable fee for publishing said notice is $ 210.94 Signed and sworn to be ore me on July 27 , 2(J , by Joe Hladky. Not ffy Public in ar for the State of Iowa Received payment for above from , 20 . GAZETTE COMMUNICATIONS, INC.. By jEM GIGLIO CoMpag MMB*R 123966 s ` MY COMMISSION EXPIRES a,,, F'ESRUARY 18, 2000 ORDINANCE NO. 41 AN ORDINANCE AMENDING THE FAIRFAX ZONING ORDINANCE OF 2000, OF THE CITY OF FAIRFAX, IOWA, BY AMENDING THE OFFICIAL ZONING MAP AND ZONING DISTRICT BOUNDARIES BY REZONING CERTAIN PROPERTY GENERALLY LOCATED EAST OF 80TH STREET AND SOUTH OF WILLIAMS BLVD IN THE CITY OF FAIRFAX, IOWA, FROM AG (AGRICULTURAL DISTRICT) TO 2 RM (MULTI-FAMILY RESIDENTIAL DISTRICT) BE IT ENACTED by the City Council of the City of Fairfax, Iowa: SECTION I. The Official Zoning Map and the Zoning District Boundaries of the City of Fairfax, Iowa, are amended by designating the zoning classification of the following described property as 2 RA/1 (Multi-Family Residential), as requested by Synergy Development Group, LLC: All that real property situated in the City of Fairfax, County of Linn, State of Iowa, now known as a part of W % NW 1/4 of Section 10, Township 82 North, Range 8 West of the 5th Principal Meridian, City of Fairfax, Linn County, Iowa, more particularly described as follows: Commencing as a point of reference at the SE comer of the SW 1/4 NW 1/4 of said Section 10; thence N'00'0 I'l 5 T, 1553.47 feet to the point of beginning; thence 588'35'39"W, 193.89 feet; thence NW-ly along an are of 206.25 feet of a 150.00-foot radius curve to the left, having a chord distance of 190.39 feet bearing N78'36'54"W; thence S61'59'34"W , 379.51 feet; thence SW-ly along an arc of 162.24 feet of a 150.00-foot radius curve to the left, having a chord distance of' l 54.45 feet bearing S3 1'00'24"W; thence S00'01'10"W, 718.86 feet; thence N88'05'1 3"W, 170.06 feet; thence N00'00'02"E, 905.27 feet to the south,right-of-way line of U.S. Highway 151; thence 'N'61"59'34"E along said south right-of-way line, 363.84 feet; thence N67'42'08"E along said south right-of-way line, 100.50 feet; thence N61'59'34"E along said south right-of-way line, 400.00 feet; thence N71°41'07"E along said south right-of-way line, 208.64 feet to the west line of Fairfax Heights Second Addition to said City; thence SOO'O I'l 5"W along said west line, 376.70 feet to the point of beginning, containing 8.20 acres. SECTION 2. SEVERABILITY CLAUSE. If any section, provision, or part of this ordinance shall be adjudged invalid or uncoristitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. i I I SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication.as provided by law. Introduced and passed by the Counci on the day of 2005, and approved this day of , 20015. 1� Bill Voss, Mayor _ ATTEST: 1 Connie Frame, City Clerk F First Reading: Second Reading: Third Reading: I certify tha the foregoing was published as Ordinance Igoe on the day of , 2005. Connie Frame, City Clerk I F RESOLUTION NO. 4 ao4i— A RESOLUTION OF'THE CITY COUNCIL OF THE CITY OF FAIRFAX, IOWA, AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN OF 1999 FOR PROPERTY LOCATED EAST OF 80TH STREET AND SOUTH OF WILLIAMS BLVD WHEREAS, The City Council adopted the Comprehensive Plan for Fairfax on June 8, 1999 which is a statement of the community's vision for its own future and a guide to achieve that vision; and WHEREAS, Said Comprehensive Plaza, includes a Future Land Use Map which ndicates._the..gene r'a:C l 6"uatIioIus ifid 6ii6 it of various land uses to ensure' -thad zoning is consistent with the various elements of the Comprehensive Plan; and WHEREAS, Section 1 of the Comprehensive Plan provides guidance for amending the Future Land Use Map when necessary; and WHEREAS, The City Planning Commission has recommended amendment of the Future Land Use Map to provide for Residential land uses as shown on the attached land use amendment map (Exhibit A); BE IT RESOLVED,I, By the City Cou'nci'l of the City of Fairfax, Iowa, as follows: 1. That the Future Land Use Map of the Comprehensive Plan is hereby amended to Residential as shown on Exhibit A, attached. 2. That the following findings have been made to support this amendment: a. That the amendment is consistent with the Comprehensive Plan priorities b. That the amendm.erit will be compatible with future land uses for surrounding areas of the community. c. That the amendment will not create a shortage of any particular type of non-residential land. d. That the amendment will enhance the overall quality of life in the community,, 3. That the Building Inspector is hereby authorized to prepare documentation, exhibits and maps as necessary to implement the amendment. NOW, THEREFORE, BE IT RESOLVED, By the City Council of the City of Fairfax, Iowa, that the Mayor: and City Clerk are hereby authorized and directed to execute said R.esohition. i Passed,and approved this !day of _ 2005, _r AYES: - rZ I NAYS: ABSENT: ' The foregoing Resolution No. �� � a � having been approved this date by the City Council, T here] approve the sarrae by affixing my signature as Mayor on this day of , 2005. Lvdie��d- Bill Voss, Mayor ATTEST: l ,4 Connie Frame, City Cleric I EXHIBIT AMENDMF,NT TO T -. ... USE mAp CO ',,. TO E FOO 1 ` I CO. CFIMX C93L)Rr REM We �Q l rowing Title. G4 REZONES TO RM- LA PRAIRIE CREEK ESTATES ENGINEEMiNo . ' INC . -4 C I C5 t e i RESOLUTION NO, RESOLUTION APPROVING PRELIMINARY PLAT WHEREAS, Prairie Creep Estates Addition to Fairfax, Iowa, legal description is as follows: A part of the NW 1/4 of Section 10, Township 82 North, Range 8 West of the 5th Principal Meridian, City of Fairfax, Linn County, Iowa, has been filed with the City Clerk, Fairfax, Iowa, and after consideration, the same is found to be correct and in accordance with the. provisions of the laws of the State of Iowa and the ordinances of the City of Fairfax, Iowa, and WHEREAS, The City Planning and 'Zoning Commission, Fairfax, Iowa, has recommended approval of the Preliminary Plat of Prairie Creek Estates Addition to Fairfax, Iowa; and NOW, THEREFORE, DE IT RESOLVED, By the City Council of the City of Fairfax, Iowa, that said plat and dedications of said Preliminary Plat of Prairie Creek Estates Addition to Fairfax, lowa, be and the same is hereby acknowledged and approved on the part of the City of Fairfax, Iowa, and the Mayor and the City Clerk are hereby directed to certify this resolution of approval and affix. the .carne to said plat as by law provided. Passed and approved this day of , 2005, 0 AYES: NAYS: ABSENT:-_.,,:,—A- &-Xe� Bill Voss,Mayor AT ST: Connie Frame, City Cleric RESOLuTiON NO. RESOLUTION NAMING DEPOSITORIES WHEREAS, Iowa Code 2003: Section 120.2 requires that the approval of a financial institution as a depository of public funds for a public body shall be by written resolution or order that shall be entered of record in the minutes of the approving board and that shall distinctly name each depository approved and specify the maximum amount that may be kept on deposit in each depository; and WHEREAS, The City's auditor recommends the naming of depositories on an minual basis; and WHEREAS, Resolution 04-01-27-5, naming Financial Institution As Depository, adopted by the City Council of the City of Fairfax, Iowa, on January 27, 2004 is hereby rescinded in its entirety and the following adopted in lieu thereof; and BE IT RESOLVED, That the City Council of Fairfax in Linn County, Iowa, approves the following list of financial institutions to be depositories of the City of Fairfax funds in conformance with all applicable provisions of Iowa Code Chapter 12. The City Clerk and Deputy Clerk are hereby authorized to deposit the City of Fairfax funds in amounts not to exceed the maximum approved for each respective financial institution as set out below. NAME OF DEPOSITORY LOCATION OFFICE MAXIMUM DEPOSIT Fairfax State Savings Bank Fairfax, IA $6,000,000 NOW, THEREFORE, BE IT RESOLVED, By the City Council of the City of Fairfax, Iowa that the Mayor and the City Clerk are hereby authorized and directed to execute said Resolution. Passed and approved this day of 2005. AYE: <—Lb�l --1�Wl NAY: ABSENT: i I I Bill Voss, Mayor :ATTEST: Connie Frame, City Clerk CERTR'l:CATION. I hereby certify that the foregoing is a tree and correct copy of a resolution of the Fairfax City Council a pted at a meeting of said public body, duly called and held on the clay of , a quorum befiig present, as said resolution remains of record in the ut s of sa eetin , and it is now in full force and effect. Dated this[ --day of ,2005. ao�- e (W��Vpl Connie Frame, City Clerk RESOLUTION NO. RESOLUTION ADOPTING A POLICY FOR THE INVESTMENT OF PUBLIC FUNDS WHEREAS, It is necessary to protect public funds and establish investment guidelines; and WHEREAS, The Investment Policy shall be reviewed every two years or more frequently as appropriate; and WHEREAS, Resolution 04-01-27-6, Investment Policy, adopted by the City Council of flae City of Fairfax, Iowa, on January 27, 2004 is hereby rescinded in its entirety and the attached documentation, Investment Policy for the City of Fairl'ax, Iowa, is adopted in lieu thereof; and NOW, THEREFORE, BE IT RESOLOVED, By the City Council of the City of Fairfax, Iowa that the Mayor and the City Clerk are hereby authorized and directed to execute said Resolution. Passed and approved this day of 2005. AYE: NAY: ABSENT: Bill Voss, Mayor ATTEST: Connie Frame, City Clerk CERTIFICATION. I hereby certify that the foregoing is a true and correct copy of a resolution of the Fairfax City Council opted at a meeting of said public body, duly called and held on the day of a quorum being present, as said resolution remains of record in the tes o s id meeting, and it is now in fiflI force and effect. Dated,this day,of ,2005. Connie Frame, City Clerk i CITY OF FAIMAX INVESTMENT POLICY SECTION 1—SCOPE OF INVESTNIENT POLICY The Investment Policy of the City of Fairfax shall apply to all operating funds, bond proceeds and other funds and all investment transactions involving operating funds,bond proceeds and other funds accounted for in the City of Fairfax's financial statements. Each investment must be authorized by applicable law and is subject to conditions of this Investment Policy. Each investment made pursuant to this Investment Policy must be authorized by applicable law and this written Investment Policy. The investment of band funds or sinking fiends shall comply not only with this investment policy,but also be consistent with any applicable bond resolution. The Investment Policy is intended to comply with Iowa Code Chapter 12I3. Upon passage and upon future amendment, if any, copies of this Investment Policy shall be delivered to all of the following: • The governing body or officer of the City of Fairfax to which.the Investment Policy applies. • All depository institutions or fiduciaries for public funds of the City of Fairfax. • The auditor engaged to audit any fiends of the City of Fairfax. SECTION 2—DELEGATION O,e1 AUTHORITY In accordance with Section 1213.10(1), the responsibility for conducting investment transactions resides with the Treasurer of the City of Fairfax. Only the Treasurer and those authorized by ordinance or resolution may invest public funds and a copy of any empowering resolution shall be attached to this Investment Policy. The Treasurer shall establish a written system of internal controls and investment practices. The controls shall be designed to prevent loss of public funds,to document those officers and employees of the City of Fairfax responsible for elements of the investment process, and to address the capability of investment management. The controls shall provide for receipt and review of the audited financial statement and related reports on internal control structure of all outside persons performing any of the following for the City of Fairfax: I. Investing public funds. 2. Advising on the investment of public funds. 3. Directing the deposit or investment of public funds. 4. Acting in a fiduciary capacity for the City of Fairfax. A bank, savings and loan association or credit union providing only depository services shall not be required to provide an audited financial statement and related report on internal control structure. All contracts and agreements with outside persons providing any of the above listed services shall require written notification to the City of Fairfax within thirty days of receipt of any communication from either their auditor or any regulatory authority which denotes any of the following: the existence of a material weakness in their internal control structure, regulatory orders or sanctions in regard to the services being provided to the City of Fairfax by the outside person. C:Tairfax Resolutionsllnvestment Policy-Fairfax 12 July 05.doc a . I The records of investment transactions made by, or on behalf of, the City of Fairfax are public records and are the property of the City of Fairfax whether in the custody of the City of Fairfax or in the custody of a fiduciary or other third party. SEC'T'ION 3—OBJECTIVES OF INVESTMENT POLICE' The primary objectives, in order of priority, of all investment activities involving the financial assets of the City of Fairfax shall be the following: • SAFETY: Safety and preservation of principal in the overall portfolio is the foremost investment objective. • LIQUfDIIY Maintaining the necessary liquidity to match expected liabilities is the ,second I priority. • RETURN: Obtaining a reasonable return is the third priority. SECTION 4--PRUDENCE When investing or depositing public funds, the Treasurer of the City of Fairfax shall exercise the care, skill,prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use to attain the Section 3 investment objectives. This standard requires that when making investment decisions, the City Council shall consider the role that the investment or deposit plays within the portfolio of assets of the City of Fairfax and the investment objectives stated in Section 3. SECTION S -DEPOSITORIES All deposits shall be in depositories located in the State of Iowa. Each bank must be on the most recent Approved Bank List as distributed by the Treasurer of the State of Iowa or as amended as necessary by notice inserted in the monthly mailing from the State Treasurers Office. Each financial institution shall be properly declared as a depository by the City Council of the City of Fairfax. Deposits in any financial institution shall not exceed the $6,000,000 limit approved by the City Council of the City of Fairfax. ,SECTION 6—INSTRUMENTS ELIGIBLE FOR INVES'T'MENT' Assets of the City of Fairfax may be invested in the following: • Interest-bearing savings accounts, interest-bearing money market accounts, and interest-bearing checking accounts at any bank, savings and loan association or credit union in the State of Iowa.. Each bank must be on the most recent list of Approved Bank List as provided by the State Treasurer. Deposits will only be made with financial institutions that are properly declared as a depository by resolution of the Fairfax City Council. Deposit amounts shall not exceed the statutory limit approved by the governing body of Fairfax. • Obligations of the United States government, its agencies and instrumentalities. • Certificates of deposit and other evidences of deposit at federally insured Iowa depository institutions approved and secured pursuant to Chapter 12B. All instruments eligible for investment are further qualified by all other provisions of this Investment Policy including Section 8 - Investment Maturity Limitations and Section 9 — Diversification Requirements. CAFairfax Resolutionsunvestment Policy-Fairfax 12 duly 05.doc SECTION 7—PROHII3ITE'D INVESTMENTS AND INVESTMENT PRACTICES Public funds of the City of Fairfax shall not be invested in the following: 1. Reverse repurchase agreements. 2. Futures and options contracts. Assets of the City of Fairfax shall not be invested pursuant to the following investment practices: I, Trading of securities for speculation or the realization of short-term trading gains, 2. Pursuant to a contract providing for the compensation of an agent or fiduciary based upon the performance of the invested assets. If a fiduciary'or other third party with custody of public investment transaction records of the City of Fairfax fails to product requested records when requested by this public body within a reasonable time, the City of Fairfax shall make no new investment with or through the fiduciary or third party and shall not renew maturing investments with or through the fiduciary or third party. SECTION 8—INVESTMENT MATURITY LIMITATIONS Operating funds must be identified and distinguished from all other funds available for investment. Operating funds are defined as those funds, which are reasonably expected to be expended during the current budget year or within fifteen months of receipt. All investments authorized in Section 5 are further subject to the following investment maturity limitations: 1. Operating funds may only be invested in instruments authorized in Section 5 of this Investment Policy that mature within three hundred ninety-seven (397)days. 2. The Treasurer may invest funds of the City of Fairfax that are not identified as Operating Funds in investments with maturities longer than three hundred ninety-seven (397) days. However, all investments of the City of Fairfax shall have maturities that are consistent with the needs and use of City of Fairfax. SECTION 9—DIVERSIFICATION The City of Fairfax maintains no investments of a type requiring diversification. SECTION 10—SAFEKEEPING AND CUSTODY All invested assets of the City of Fairfax involving the use of public funds custodial agreement, as defined in Section 12B.10C, shall comply with all rules adopted pursuant to Section 1213.10C relating to those investments. All custodial agreements shall be in writing and shall contain a provision that all custodial services be provided in accordance with the laws of the State of Iowa. SECTION 11 -ETHICS AND CONFLICT OF INTEREST The Treasurer and all. officers and employees of the city of Fairfax involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment CAFaiTfax ResolutionsUnvestment Policy-Fairfax 12 July 05.doc program, Or which could impair their ability to make impartial investment decisions. Any conflict of interest or bias,whether in fact or by appearance, shall be disclosed in writing to the City of Fairfax. SECTION 12 -REPORTING The Treasurer shall submit an annual investment report in July that summarizes recent market conditions and investment strategies employed since the last investment report. The investment report shall set out the current portfolio in terms of maturity, rates of return and other features and summarize all investment transactions that have occurred during the reporting period and compare the investment results with the budgetary expectations. SECTION 13 -.INVESTMENT POLICY REVIEW AND AMENDMENT This Investment Policy shall be reviewed every two years or snore frequently as appropriate. Notice of amendments to the Investment Policy shall be promptly given to all parties noted in Section 1. Passed and approved this day of ) 2005. Fill r oss, Mayor ATTEST: Connie Frame, City CTe—ri CERTICATION: I hereby certify that the foregoing policy was passed and adppted b Resolution No. by the Fairfax City Council on the day of 2005. CAFairfax Resolutionsurivestment Policy-Fairfax 12 July 05.doe Jul . 7 . 2000 4' l PM HART-FREDERICK No ,08W�P - 2E M, n ti GRAPHIC SCALE. p 100 0 50 100 $6.7 s sao�' 7"13-3 0ov ( IN FEET ) 16 SCALE I'"----100" LEGEND �, °tea \ � GpNbaRNT Cp�x� (3 SnT 6/8" IRON ROD ti \ 0 FOUND zlxaN -RpA (ns NaTw) X CUT 'K' IN CCNOUTE � r C) 5ET P8 NAIL P)TDI1 C12'S Hf�RCEL#1 9 \ `+ r (M RECpTIDF„A DIMENSIONS CONTAINS 3.61 ACRES.of � � fM7 1dEASIIREp DTI�NSIONS P2L0I')WrY/B0trNDARY LINES V;Wch 0.32 ACUS is AEI o CENTER TINES I.. Frescnt and PToposa m o � RIGHT-OF-WAY LIES cn irT STCTIQN UNBS PUBLIC V,0 AD 1sXORT OP sr WAY n990xT I=$\ LOT UNES PI.�ATT'ED OR D FD cs ♦ , sTWO C%"Q EXISTING HOUSE 174,1 {Y.X155T'A`+1G 311 ROW WITH T ADEktTIgN,AI, 9 .i aC>wsl+.r�� �a�.a�vt�a���a�c.�noxPOR I rU7jU1P1TRLIC I kRO 8 L850-001 NSM41571W 350-OW sa .oa' _ _T88°P4'S -9587 �, East metery RDad _.. 1,®w 11 — _ _SOUI iLJNH, 1!4 HC,1d- 21wi-12 w i FIvY _ — SOMHWEST CORNER �`®� — NOKTHE.AST 1/4 S A sl+ RSECT1(71d 10-TS2, mRgyr SOLITFiWEST 1/�NtD sT 114 O A',l�t.(J 'II*T SEC N 1O-T52twd-R8"�l' 4 3"DEEP sE'r PK IN PA'FJvA E-N r K Legal t)escription: Beginning at the Southwest Coracr of the Northeast Quarter of Section 10,Township 82 North,Range 8 West of the 5th y Primipal Meridian,Linn County,Iowa; Thence N00 003'08"E,along the West Line of said NoMeast Quartet of said Section 10,a distance of450.00 Meet; `jae e S88°04'57"E, 350.00 feet, Thence'S00°03'08"W,450.030 feet,to a point on the SoiIth Line of said Northeast Quarter of'Section 10; Thence N88°04157W,along said South Line,350.00 feet,to the Point of Beginning. Said tract Qf land contaltis 3-6Jaeres and is subject to ease its acid restrictions ofrecord- PROPRETOW HAROLD MrC{RNUC suF YHY REQUESX 5 D BY GORDON S)E vlQ l"Kereby certify that h doMment rsr� p and the related survey work was performed me oundem �-;A�V� PLAT OF SURVEY direet personal supervision, axd that I am a duly licertsed cj., AUDITORS PARCEL 41.26 Px fessaannl Land Surveyor under the laws of the State of Iowa, �; � A PORTION OF THE�114,SEC , �RFREI�rc'DOUGLAS P ; ;, 10,T82N-R8 -5TH PM. Lr*S ED� :� , 1.0896 ,.� COUNTY,IOWA � Avu,gias P. �"red,e�.ck, l�.L,S, Date _ Iowa lkease ldumben 10896 PATE DRN, ED A P- My license renewal date it December 31, 2905. raw * 00�14�0 Pages coy-ered by this seal: THIS SNUT ONLY. FLD.BK, PR0J,N0. r PREPAREO BY: Donald Murphy, 314 West Post Rd SW, Cedar Rapids, IA, 52404; Ph.(319)396-3963 PLAT of SURVEY imcft). 239 PARCEL 1"A°" - Part of NW I4 SE V4 and of SW V4 SE %4 I t Section 16, T82N , R8W S89030'27"E 1314.48 r SOUTHVIEW ROAD a 0 N o w �`o a) 00 0 0 Pn N 0 w O Go PARCEL „A„ �� O OD - Point of Beginning m °z N a o m m c ` o n c¢z vI „ o�dR 4 a,Nc N c Qi o mo N S$9°26°57"E 390.00 < ` "' w 'U,M . 1 �' r� 33.0 u°znci om o co _a6? 2N Z v 9 �`�a t c �i NU c rn� O a°�z�ci � GFI� 0 50 100 200 Q° \q SCALE I"= 100' o� S89°2657"E 1"North Line SW%4SEi/4 J 6100 Set P.K.Nail at NE Corner of 0 v o Q SE'/4 SEI/4 r v d 0 Section 16-82-80 O w to to C.C.6023, 255 �1 U)• w r o- �- 30 am � vc o m o c o W Wo G¢ m o I N w mo B J 'o O o C LEGEND w p 0 O . = E N U 2` t�, I U o0 O d„ q�¢(�p°� ® — --' erlte Chne y o 3 N U b N o MUZLOU Z o_` ,�p�-�+;;,�C+ � �� o Set 5/8" iron Rod with ? a Red Cap " 9650 L ®—U.S. Public Land Survey oN I System Corner < (As Noted) UJ 33.o C.C. Corner Certificate with Book and Page � e 9 =` 0.11`' N 89°2657"W 390.00 +°` w of Recording N m� tw a w �aim ML N 43 cy- J `l� a, -,N O o o r M L, - o m a1 § aov a3 �Ec,00 EASEMENT for .1W N nci PUBLIC HIGHWAY ow o U LL nrn U \ Book 506, Page 118 N 89a23'28"W 1318.94 76 AVENUE —SW — NOTES: 1. Field survey work was completed on February 5,2005. 2. Survey was made for: David Selzer LEGAL DESCRIPTION — PARCEL "A' 539 Park Street Fairfax Iowa 52228 The South 140.00 feet of the West 390.00 feet of the Northwest Quarter of the Southeast Quarter and the North 335.00 feet of the West 390.00 3. Proprietor is: From Warranty Deed,Volume 301,Page 629 feet of the Southwest Quarter of the Southeast Quarter of Section 16, and Estate No.26823 Township 82 North,Range 8 West of the 5th P.M.,Fairfax,Linn County, Ernest P.and Ruth Buresh Iowa,described as: CIO Arvada Wishniewsky Commencing as a point of reference at the Northwest comer of the said 1823 20"Street N.W. Northwest Quarter of the Southeast Quarter thence South 0 00'00"East Cedar Rapids,Iowa 52405 (assumed bearing for this description)1183.62 feet along the West line of the said Northwest Quarter of the Southeast Quarter to the point of beginning; thence South 89 26'57'East 390.00 feet; I hereby certify that this land surveying document was thence South 0 00'00"East 475.00 feet; prepared and the related survey worn,was preformed by thence North 89 26'57"West 390.00 feet to a point of intersection with `° tS lt?�3Sqr73,, a„a aluly� *d direct a Surveyor o u a'`ne Lows of gygr g.. 4! +^ the West line of the said Southwest Quarter of the Southeast Quarter; ;�t•° «> the S of Iowa. thence North 0 00'00"East 475.00 feet along the West line of the said °` ` `.fie ; Southwest Quarter of the Southeast Quarter and the West line of the said DONALD =• Northwont-Ounrtpr of thA RmPthAARt Ot,Artpr to thA nnint of lnA innlnn- ''m$m MURPHY -1 signature dote THE IOWA STATE EAR ASSOCIATION Jon M.McCright ISBR#3535 FOR THE LEGAL EFFECT OF THE USE OF Metal Form No.101 THIS FORM,CONSULT YOUR LAWYER er Informatiom Jon M.McCright,425 2nd Street S.E.,Suite 1010,Cedar Rapids,(319)366-7795 - nfonn Individual's Name 81reet Address city Phone - VAI,. .Address Tax Statement: City f Fairfax,525 Vanderbilt Street,Fairfax,IA SPACE AeOVE THIS LINE zr w ty FOR RECORDER a 52228 ':�6cr��° WARRANTY DEED For the consideration of One Dollar(s)and other valuable consideration, Gordon C.5evig and Shirley.A.Sevig,husband and wife do hereby Convey to City of Fairfax,Iowa,a municipality the following described real estate in Linn County,Iowa: 'lot H,Fairfax Heights First Addition-Fairfax,Iowa,subject to all easements,covenants,and restrictions of record Grantors do Hereby Covenant with grantees,and successors in interest,that grantors hold the real estate by title in fee simple;that they have good and lawful authority to sell and convey the real estate;that the real estate is Free and Clear of all Liens and Encumbrances except as may be above stated; and grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate: Words and phrases herein, including acknowledgment hereof,shall be construed as in the singular or -al number,and as masculine or feminine gender,according to the context. STATE OF IOWA. Dated: SS: _ LINN COUNTY, On this a I day of Pr�ri IGco� r� � r DD5 , before me, the undersigned, a Notary Gordon C.Sevig (Grantor) Public in and for said State, personally appeared ! Gordon C.Sevi$and Shirley A.Sevig,husband and wife 1 Shirley A.Sevi (Grantor) to me known to be the identical persons named in and who executed the forego_ing instrument and acknowledged that they execu voluntary act and deed. `°� JANELLE M.SCHMIDT (Grantor) Commission Number 183709 4 - My Commission Expires lAW t / d Notary Public (Grantor) (This form of acknowledgment for Individual grantor(s)only) ®Thelowa Stale bar Assoclalloa zoo3 - 101 WARRANTY DEED IOWArOCS® - Revised January,2000 THE IOWA STATE SAR ASSOCIATION J0n M.McCrl ht ISBA ff 35538 FOR THE LEGAL EFFECT OF THE USE OF Official Form No.1111 9 - THIS FORM,CONSULT YOUR LAWYER "Pon" Infom,atior, Jon M.McCri ht 425 2nd Street S.E. Suite 1010 Cedar Ra ids 319 366-7795 Individual's Name Street Address city.- Phone s=arm Address Tax Statement: City of Fairfax,525 Vanderbilt Street,Fairfax,lA SPACE ABOVE THIS LINE MR!, - FOR RECpROER 52228��r�p p�/�p��/ C°Qr 11 YA°�,I�ISAN R A DEED For the consideration of One Dollar(s)and other valuable consideration, Gordon C.Sevig and Shirley A.Sevig,husband and wife do hereby Convey to City of Fairfax Iowa a municipality the following described real estate in Linn County,Iowa: `ot C,Fairfax Heights Second Addition-Fairfax,Iowa,subject to all easements,covenants,and restrictions of rd Grantors do Hereby Covenant with grantees,and successors in interest,that grantors hold the real estate by title in fee simple;that they have good and lawful authority to sell and convey the real estate;that the real estate is Free and Clear of all Liens and Encumbrances except as may be above stated; and grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or 1 I number,and as masculine or feminine gender,according to the context. STATE OF IOWA Dated: ss LH,TN COUNTY, On this S4 day of prf fo,� 065 , before me, the and rsigned, a Notary Gordon C.Sevig (Grantor) Public in and for said State, personally appeared Gordon C.Sevig and Shirley A.5eviR,husband and wife ; ; r J- f 4-zz __ � , ,r Shirley A.Sevig (Grantor) to me known to be the identical persons named in and who executed the foregoing instrument and acknowledged that they execut , voluntary act and deed. W1, Commission Number 183709 (Grantor) My Commisslon Expires v.3ll 10008 Notary Public (Grantor) (This form of acknowledgment for Individual grantor(s)only) ®The Iowa Sla IDWADOCS®e Bar Association 2003 - 101 WARRANTY pEEp - ReNSetlJanua 2000 FISHER, EHRHART, McCRIGHT & TURNER ATTORNEYS AT LAW 425 SECOND STREET S.S. SUITE 1010 CEDAR RAPIDS,IA 52401 (319)366-7795 FAX(319)366-4551 AN ASSOCIATION OF SOLE PRACTITIONERS OTHER OFFICES: MAIN STREET FRED C.FISHER, 1877- 1954 COGGON, IOWA FRED C.FISHER,JR.,1909-2000 JOHN H.EHRHART JEN-hart@1010cilaw.com JON M.McClUGHT JMcCright@I0lUcrlaw.c0m MITCHELL E.TURNER MTurncr@10l0cr1aw.cnm GUY P.BOOTH GBoOtll @l010crlaw.c0m E. DANIEL O'BRiEN DO'Brien@1010criaw.com GARY J.SHEA GaryJShn@aolxorn June 15, 2005 City of Fairfax 523 Vanderbilt Street Fairfax, LA 52228 Re: Deeds Ladies and Gentlemen:. Enclosed herewith please find the Warranty Deeds for the Outlots still owned by Gordon and Shirley Sevig in Fairfax Heights lst and 2"d Additions, and the Outlot B in Prairie View Estates—Part II. There is also an Outlot A that is in between the two drives in Prairie View Estates—Part I that the County Assessor tells me was already dedicated to the City at the time of platting. I would appreciate your putting the acceptance of these deeds on the agenda for the next council meeting. If you need anything further please let me know. I Sincerely, f 1 M. McCright I Mlrrn enclosures f a i I This Instrument Prepared by: Jon M.McCright,425 2nd St SE Ste 1010,Cedar Rapids IA 52401-1818(319)366-7795 Property tax statement to: City of Fairfax, 525 Vanderbilt Street, Fairfax, IA 52228 WARRANTY DEED FOR THE CONSIDERATION OF One Dollar($1.00) and other valuable consideration, Sevig Development, L.C,, a limited liability company, does hereby Convey to City of Fairfax, Iowa, a municipality,the following desciibed real estate in Linn County, Iowa: Outlot B,Prairie View Estates—Part Two to Fairfax,Iowa, subject to all easements, covenants,and restrictions of record Grantors do hereby covenant with Grantees,and successors in interest,that Grantors hold the rcal estate by title in fee simple;that they have good and lawful authority to sell and convey the real estate;that the real estate is free and clear of all liens and encumbrances except as may be above-stated;and Grantors covenant to warrant and defend the real estate against the lawful claims of all persons except as may be above-stated. Each of the undersigned hereby relinquishes all rights of dower,homestead and distributive share in and to the real estate. Words and phrases herein,including acknowledgement hereof,shall be construed as in the singular or plural number,and as masculine or feminine gender,according to the eoontext DATED: SEVIG DEVELOPMENT,L.C. By: Gordon C. Sevig,President V STATE OF IOWA,COUNTY OF LIMN,sK On this&I Flay of ftrl 2005,before me,the undersigned,a Notary Pubic, personally appeared Gordon C.Sevig,tome personally known,who being by me duly sworn,did say that that person is the President of said Sevig Development,L.C.that oo seal has been procured by the said limited liability company and that said instrument was signed on behalf of the said Sevig Development,L.C.by authority of its Members and the said Gordon Sevig acknowledged the execution of said iustrument to be the voluntary act and deed of said limited liability company by it and by him voluntarily executed. An f t JANELLE M.SCHMI©T F Commission Number 783709 NOTARY PUBLIC-STATE.OF IOWA M Commission Expires �aw� ��Ira a o�