HomeMy WebLinkAbout06/09/2015 Council Minutes CITY OF FAIRFAX
REGULAR CITY COUNCIL MEETING
JUNE 9, 2015
The regular meeting of the Fairfax City Council was held Tuesday, June 9, 2015, at
Fairfax City Hall. Mayor Rabe called the meeting to order at 7:00 PM. Council members
present: JoAnn Beer, Bernie Frieden, Travis Otto, Marc Magers and Marianne Wainwright.
Other city staff present: Cynthia Stimson, Dave Yanecek, and Lynn Miller.
Motioned by Beer, seconded by Magers to approve the agenda. Ayes: Beer, Frieden,
Otto, Magers, and Wainwright. Nays: None. Motion carried.
Motioned by Frieden, seconded by Beer to approve and place on file the City Council
minutes dated May 12, 2015 and May 26, 2015. Ayes: Beer, Frieden, Otto, Magers, and
Wainwright. Nays: None. Motion carried.
Motioned by Beer, seconded by Frieden to place on file the Library Board of Trustees
minutes dated May 12, 2015 and the Parks and Beautification Committee minutes dated April
16, 2015. Ayes: Beer, Frieden, Otto, Magers, and Wainwright. Nays: None. Motion carried.
Linn County Deputy Egli presented the list of calls. He was reminded that the Fairfax
USA Days will be held on Friday, June 26 , and Saturday, June 27.
Cathy Bayne reported that the summer reading program has begun. They are working on
the wording for the ballot and their 5 and 10 year plans.
Discussion was held about parking on Commercial Court. The area was viewed. It
appears that there is area to make the driveway wider to allow for parking on their property. The
homeowner should check with the homeowner's association.
Lynn Miller reported that the fire department has been quiet.
Doug Mueller, with Signal 88, was reminded about USA Days in June. He mentioned
that lawnmowers and construction trailers have been problems.
Motioned by Magers, seconded by Beer to approve the Kluesner proposal for crack
sealing if more details are supplied. Ayes: Beer, Frieden, Otto, Magers, and Wainwright. Nays:
None. Motion carried.
Motioned by Magers, seconded by Otto to authorize work at the wastewater facilities by
Aeration Works. They are to renew the west basin completely, but only renew the diffusers on
the east basin which are obviously not performing correctly. Ayes: Beer, Frieden, Otto, Magers,
and Wainwright. Nays: None. Motion carried.
JoAnn Beer announced that the Park Committee will be sponsoring Paddington at the
Movie in the Park on Friday, June 26, during USA Days.
Motioned by Magers, seconded by Beer to approve the financial reports as submitted.
Ayes: Beer, Frieden, Otto, Magers, and Wainwright. Nays: None. Motion carried.
The city clerk stated that the new bond gets funded tomorrow, June 10.
Shane Wicks introduced Joel Gross to the city council. He will be working on some of
our projects and attending meetings.
Mayor Rabe opened the public hearing regarding the rezoning of City owned property at
7:30 PM. No one had any comments and the city clerk's office has not received any oral or
written. Mayor Rabe closed the public hearing at 7:31 PM.
Motioned by Frieden, seconded by Beer to introduce and approve the first reading of
ORDINANCE 23, AN ORDINANCE AMENDING THE FAIRFAX ZONING
ORDINANCE OF 2012, OF THE CITY OF FAIRFAX, IOWA, BY AMENDING THE
OFFICIAL ZONING MAP AND ZONING DISTRICT BOUNDARIES OF THE CITY OF
FAIRFAX, IOWA, BY DESIGNATING THE ZONING CLASSIFICATION OF
CERTAIN PROPERTY, NOW KNOWN AS: THE SOUTH 100 FEET OF LOT 7,
MURPHY'S FIRST ADDITION TO FAIRFAX, IOWA AND ALL LOT 6,MURPHY'S
FIRST ADDITION TO FAIRFAX, IOWA EXCEPT THAT PART OF LOT 6
DESCRIBED AS FOLLOWS: BEGINNING AT THE NW CORNER OF SAID LOT 6;
THENCE S-LY ALONG THE WEST LINE OF SAID LOT 6, 88.56 FEET; THENCE E-
LY ALONG A LINE PARALLEL TO AND 88.56 FEET SOUTH OF THE NORTH LINE
OF SAID LOT 6, 70 FEET; THENCE N-LY ALONG A LINE PARALLEL TO AND 70
FEET EAST OF THE WEST LINE OF SAID LOT 6, 88.56 FEET TO THE NORTH LINE
OF SAID LOT 6; THENCE W-LY ALONG THE NORTH LINE OF SAID LOT 6, 70
FEET TO THE POINT OF BEGINNING. FROM 9RS: SINGLE FAMILY
RESIDENTIAL TO CN/CONSERVATION/PUBLIC USE. Roll call vote: Ayes: Beer,
Frieden, Otto, Magers, and Wainwright. Nays: none. Motion carried.
Motioned by Frieden, seconded by Beer to suspend the rule requiring that an ordinance
be voted on for passage at two council meetings prior to this meeting with respect to
ORDINANCE 23. Roll call vote: Ayes: Beer, Frieden, Otto, Magers, and Wainwright. Nays:
none. Motion carried.
Motioned by Beer, seconded by Frieden to approve final passage and adoption with
respect to ORDINANCE 23, AN ORDINANCE AMENDING THE FAIRFAX ZONING
ORDINANCE OF 2012, OF THE CITY OF FAIRFAX, IOWA, BY AMENDING THE
OFFICIAL ZONING MAP AND ZONING DISTRICT BOUNDARIES OF THE CITY OF
FAIRFAX, IOWA, BY DESIGNATING THE ZONING CLASSIFICATION OF
CERTAIN PROPERTY, NOW KNOWN AS: THE SOUTH 100 FEET OF LOT 7,
MURPHY'S FIRST ADDITION TO FAIRFAX, IOWA AND ALL LOT 6,MURPHY'S
FIRST ADDITION TO FAIRFAX, IOWA EXCEPT THAT PART OF LOT 6
DESCRIBED AS FOLLOWS: BEGINNING AT THE NW CORNER OF SAID LOT 6;
THENCE S-LY ALONG THE WEST LINE OF SAID LOT 6, 88.56 FEET; THENCE E-
LY ALONG A LINE PARALLEL TO AND 88.56 FEET SOUTH OF THE NORTH LINE
OF SAID LOT 6, 70 FEET; THENCE N-LY ALONG A LINE PARALLEL TO AND 70
FEET EAST OF THE WEST LINE OF SAID LOT 6, 88.56 FEET TO THE NORTH LINE
OF SAID LOT 6; THENCE W-LY ALONG THE NORTH LINE OF SAID LOT 6, 70
FEET TO THE POINT OF BEGINNING. FROM 9RS: SINGLE FAMILY
RESIDENTIAL TO CN/CONSERVATION/PUBLIC USE. Roll call vote: Ayes: Beer,
Frieden, Otto, Magers, and Wainwright. Nays: none. Motion carried.
Discussion was held concerning a request for a grading/fill permit at Lot 2 of Arp's
Meadows First Addition. Shane Wicks pointed out that this property has not been rezoned to
44RS yet, this work will be at their risk, there is a field access, and the exhibit was reviewed.
Motioned by Otto, seconded by Frieden to approve the grading/fill permit for Lot 2 of
Arp's Meadows First Addition. Ayes: Beer, Frieden, Otto, Magers, and Wainwright. Nays:
none. Motion carried.
Motioned by Beer, seconded by Otto to approve RESOLUTION 2015-50, A
RESOLUTION SETTING THE TIME AND PLACE FOR A PUBLIC HEARING FOR
THE PURPOSE OF SOLICITING WRITTEN AND ORAL COMMENTS ON A
REZONING REQUEST. Roll call vote: Ayes: Beer, Frieden, Otto, Magers, and Wainwright.
Nays: none. Motion carried. Mayor Rabe declared RESOLUTION 2015-50 duly adopted.
Discussion was held about a request for a commercial building permit application for the
Dairy Queen property. Shane Wicks discussed the site plan showing changes in the parking and
an addition of a drive-through lane. The building department has reviewed the information, met
with Richard Pankey about other outstanding items, and recommends approval of this permit.
Motioned by Frieden, seconded by Beer to approve the commercial building permit
application for the Dairy Queen property. Ayes: Beer, Frieden, Otto, Magers, and Wainwright.
Nays: none. Motion carried.
No action was taken on the Cross Creek Body Shop sign because they have not returned
the required paperwork.
Chris Mottinger introduced himself and gave some business information.
Extensive discussion was held regarding a request from Chris Mottinger to amend
conditions 6 and 7 of a previous resolution regarding Prairie Creek Estates Seventh Addition.
No agreement was reached. Chris requested a special city council meeting on June 23.
No action was taken on the "at risk" building permits for Prairie Creek Estates Seventh
Addition.
The agreements for Karal's Addition are still being drafted.
Mayor Rabe introduced Suellina Koenes. City clerk Cynthia Stimson stated that Suzie is
who they are recommending for the office assistant position in the city clerk's office. She lives
in Fairfax and is available to start work on June 29. The recommendation is to hire her for a full-
time position at $14.50 per hour.
Motioned by Beer, seconded by Magers to hire Suellina Koenes for the office assistant
position at $14.50 per hour, starting June 29, 2015. Ayes: Beer, Frieden, Otto, Magers, and
Wainwright. Nays: none. Motion carried.
Joel Gross, Hall and Hall Engineers, stated that they are working on the plans for the UV
disinfection upgrades at the wastewater treatment plant.
The steering committee working on the north growth area planning have met twice. The
next meeting is Tuesday, June 23. An exhibit from Bob Veenstra Jr. was reviewed as well as a
large spreadsheet from Shane Wicks with cost estimates.
Shane stated that work is being done this week on both Phase 1 and Phase 2 of the East
Cemetery Road Area Improvements. He needs to do some more checking about the street
lighting with both Alliant and Linn County REC. They share the area, so that makes it more
complicated.
The seeding is completed on the Trail and pedestrian Bridge Project. The contractor is
required to water as needed.
Motioned by Beer, seconded by Otto to approve RESOLUTION 2015-51, A
RESOLUTION TO APPROVE PAY APPLICATION NO. 11 FROM TAYLOR
CONSTRUCTION, INC. FOR THE FAIRFAX TRAIL ALONG EAST SIDE OF
UNNAMED TRIBUTARY TO PRAIRIE CREEK BETWEEN EAST CEMETERY ROAD
AND FRONT STREET PROJECT IN THE CITY OF FAIRFAX, LINN COUNTY,
IOWA. Roll call vote: Ayes: Beer, Frieden, Otto, Magers, and Wainwright. Nays: none.
Motion carried. Mayor Rabe declared RESOLUTION 2015-51 duly adopted.
Discussion was held concerning lights on the new trail and bridge. Shane was instructed
to get information about nine— 12' LED light poles along the trail and two—27' LED light
poles, one at each end of the bridge.
Phase 4 and 5 Water Main Replacement and Vanderbilt Street Reconstruction Project
was discussed. The final documents will be ready for the July 14 meeting with bids in August.
The street project may not be done until spring. Discussion was held about burying utility lines.
This will be left up to the company. The individual service lines will not be buried. They will
use the same wooden poles for those services. Utilities lines do need to be moved for the project,
this is with no cost to the City.
Motioned by Otto, seconded by Wainwright to approve RESOLUTION 2015-52, A
RESOLUTION ADOPTING A SCHEDULE OF GARBAGE TAGS NEEDED FOR
BULKY WASTE PICK-UP BY JOHNSON COUNTY REFUSE. Roll call vote: Ayes:
Beer, Frieden, Otto, Magers, and Wainwright. Nays: none. Motion carried. Mayor Rabe
declared RESOLUTION 2015-52 duly adopted.
Motioned by Otto, seconded by Magers to introduce and approve the first reading of
ORDINANCE 24, AN ORDINANCE AMENDING THE FAIRFAX CODE OF
ORDINANCES OF 2012, OF THE CITY OF FAIRFAX, IOWA, BY AMENDING
CHAPTER 106, COLLECTION OF SOLID WASTE. Roll call vote: Ayes: Beer, Frieden,
Otto, Magers, and Wainwright. Nays: none. Motion carried.
Motioned by Beer, seconded by Magers to suspend the rule requiring that an ordinance
be voted on for passage at two council meetings prior to this meeting with respect to
ORDINANCE 24. Roll call vote: Ayes: Beer, Frieden, Otto, Magers, and Wainwright. Nays:
none. Motion carried.
Motioned by Beer, seconded by Magers to approve final passage and adoption with
respect to ORDINANCE 24, AN ORDINANCE AMENDING THE FAIRFAX CODE OF
ORDINANCES OF 2012, OF THE CITY OF FAIRFAX, IOWA, BY AMENDING
CHAPTER 106, COLLECTION OF SOLID WASTE. Roll call vote: Ayes: Beer, Frieden,
Otto, Magers, and Wainwright. Nays: none. Motion carried.
Discussion was held concerning the sidewalk regulations revisions.
Motioned by Frieden, seconded by Magers to introduce and approve the first reading of
ORDINANCE 25, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF FAIRFAX, IOWA, 2012, BY AMENDING PROVISIONS PERTAINING
TO THE SIDEWALK REGULATIONS. Roll call vote: Ayes: Beer, Frieden, Otto, Magers,
and Wainwright. Nays: none. Motion carried.
Motioned by Otto, seconded by Beer to suspend the rule requiring that an ordinance be
voted on for passage at two council meetings prior to this meeting with respect to ORDINANCE
25. Roll call vote: Ayes: Beer, Frieden, Otto, Magers, and Wainwright. Nays: none. Motion
carried.
Motioned by Magers, seconded by Otto to approve final passage and adoption with
respect to ORDINANCE 25, AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 2012, BY AMENDING
PROVISIONS PERTAINING TO THE SIDEWALK REGULATIONS. Roll call vote:
Ayes: Beer, Frieden, Otto, Magers, and Wainwright. Nays: none. Motion carried.
Motioned by Beer, seconded by Magers to approve RESOLUTION 2015-53, A
RESOLUTION ADOPTING A POLICY FOR THE INVESTMENT OF PUBLIC FUNDS.
Roll call vote: Ayes: Beer, Frieden, Otto, Magers, and Wainwright. Nays: none. Motion
carried. Mayor Rabe declared RESOLUTION 2015-53 duly adopted.
Motioned by Otto, seconded by Frieden to approve RESOLUTION 2015-54, A
RESOLUTION TO APPROVE THE PERSONNEL POLICY MANUAL. Roll call vote:
Ayes: Beer, Frieden, Otto, Magers, and Wainwright. Nays: none. Motion carried. Mayor Rabe
declared RESOLUTION 2015-54 duly adopted.
Motioned by Otto, seconded by Magers to adopt the revised job descriptions for the
Public Works II, Public Works II—Certified Water and Wastewater, and the As Needed
Seasonal Grounds. Ayes: Beer, Frieden, Otto, Magers, and Wainwright. Nays: none. Motion
carried.
Discussion was held about the three employment openings. Two of which are full-time,
one is part-time seasonal.
Motioned by Wainwright, seconded by Magers to post the part-time seasonal position
until Friday, June 19, 2015, the Public Works II until Friday, June 26, 2015, and the Public
Works II—Certified Water and Wastewater until Thursday, July 2, 2015. Ayes: Beer, Frieden,
Otto, Magers, and Wainwright. Nays: none. Motion carried.
Motioned by Magers, seconded by Otto to give Mayor Rabe the authority to hire a the
seasonal part-time staff member as soon as possible after the posting ends. Ayes: Beer, Frieden,
Otto, Magers, and Wainwright. Nays: none. Motion carried.
The city clerk ran through needed year-end transfers.
Motioned by Magers, seconded by Otto to approve RESOLUTION 2015-55, A
RESOLUTION TO APPROVE TRANSFERS. Roll call vote: Ayes: Beer, Frieden, Otto,
Magers, and Wainwright. Nays: none. Motion carried. Mayor Rabe declared RESOLUTION
2015-55 duly adopted.
Motioned by Beer, seconded by Otto to approve the claims list dated June 9, 2015. Ayes:
Beer, Frieden, Otto, Magers, and Wainwright. Nays: none. Motion carried.
Discussion was held about the sidewalk work deadline of July 1, 2015.
Mayor Rabe is working on getting an installation date for the Driftwood Lane Park
equipment.
LL Pelling will paint the crosswalks across Vanderbilt at Main Street and across Linn
Street between the parks.
The new storm sirens are here, but not installed.
Peppy's Ice Cream have been contacted about a peddler's permit.
The city clerk asked the council how they liked the new software for the meeting
documents. The office will load the app for anyone needing assistance. The next meeting
recommendations will be entered, similar to the old agenda notes document.
Marc Magers stated that he feels that Lynn and Dave are doing great keeping the
maintenance department running smoothly with limited staff He thanked them for their efforts.
Motioned by Beer, seconded by Magers to adjourn the meeting. Ayes: Beer, Frieden,
Otto, Magers, and Wainwright. Nays: none. Motion carried.
Mayor Rabe adjourned the meeting at 9:40 PM.
Mayor Jason Rabe
City Clerk/Treasurer Cynthia Stimson
Disclaimer: The foregoing minutes are not official until approved by the City Council.
May 2015 Receipts
General Fund 59,206.19
Road Use Fund 9,592.37
LOST Fund 18,815.49
TIF Fund 42,506.91
Debt Service Fund 41,600.00
Water Fund 17,068.78
Trust and Agency Fund 540.00
Sewer Fund 15,627.42
SRF Bond Retire Fund 16,158.73
Garbage Fund 9,610.79
Farm Operations Fund 2,370.37
Total Revenue: 233,097.05
May 2015 Expenses
General Fund 121,557.65
Road Use Fund 7,986.96
LOST Fund 1,155.00
Water Fund 14,139.50
Trust and Agency Fund 360.00
Sewer Fund 19,164.44
Garbage Fund 10,314.55
Total Expenses: 174,678.10
CLAIMS LIST June 9, 2015
Payee Purpose Amount
Ace Electric Water Tower Work 307.30
Advanced Systems Software and Labor 13,219.12
AFLAC Payroll Premiums 612.72
Alliant Energy Utility Bill 23.60
Alliant Energy Utility Bill 16.39
Alliant Energy Utility Bill 16.39
Alliant Energy Utility Bill 271.62
Alliant Energy Utility Bill 283.00
Alliant Energy Utility Bills 3,729.48
Apparatus Testing Services FD 550.00
Aramark Mats &Uniforms 1,175.06
Baker and Taylor Library 508.87
Blangy, Mary Reimbursement 37.38
Boland Recreation Park Equipment 22,389.00
Bound Tree Medical FD 1,880.75
Broad Reach Library 224.30
Brown Concrete & Backhoe Sewer System Work 1,506.25
Car and Driver Library 7.00
Carus Chemicals 603.20
Cedar Rapids Kernels FD 1,242.00
Cedar Rapids Photo Copy, Inc. Library 25.66
Cengage Learning Library 139.44
Center Point LP Library 125.81
Certified Pest & Termite Control Library & City Hall 65.00
Cook's Country Library 14.95
Country Gardens Library 19.97
Dave Schmitt Construction Contractor Work 2,490.05
Denny, Gail Deposit Refund 60.00
Dusil, Ron Reimbursement 128.66
Elan Credit Card Balance 5,946.90
Everett, Kathy Reimbursement 118.14
Fairfax State Savings Bank Lock Box Rental 60.00
Fairfax State Savings Bank Lock Box Rental 60.00
Fairfax State Savings Bank Lock Box Rental 40.00
Fareway Supplies 99.41
Fauser Energy Resources Fuel 723.26
Field & Stream Library 11.97
Fox Apparatus Repair & Maint. FD 285.12
Furler Utility Service LLC Contract Labor 630.00
GameTime Park Equipment 2,062.65
Gardner Media LLC Library 132.35
Gazette Communications Publications 357.53
Hach Testing Supplies 394.35
Hall & Hall Engineers, Inc. Engineering Fees 32,138.88
IDNR Lynn's Certificate Renewal 60.00
IDNR Dave's Certificate Renewal 120.00
Iowa One Call Locates 149.30
IPERS Payroll 3,922.50
Ironside Apparel FD 1,120.50
Itron Maintenance Contract 2,209.63
JL Time & Attendance Work on Time Clock 98.00
John's Lock& Key Keys & Re-keying Service 519.82
Johnson County Refuse, Inc. Solid Waste Service 9,416.00
Junior Library Guild Library 153.39
Keltek FD 1,065.02
Keystone Labs, Inc. Testing 689.67
Kirkwood Community College FD 40.00
Kuester, Kristine or Owen, Scott Deposit Refund 60.00
Life Time Fence Co. Gate at Shop 160.00
Linn County Planning & Development Bldg Services 556.19
Linn County REC Utility Bills 2,115.87
LL Pelling Vac Truck 3,000.00
Maguire Iron Water Tower Work 1,828.00
Mar-Han Inc. FD 211.70
Matheson Welding Supplies 20.32
McGuire, Janet Deposit Refund 60.00
Menard's Supplies 245.09
MidAmerica Books Library 301.20
MidAmerican Energy Utility Bills 252.46
Midland GIS Software Work 200.00
Midwest Wheel FD 8.18
Network Computer Solutions IT Work and Equipment 2,142.75
Pace Supply Ballfield Repair 1,039.45
Penworthy Library 263.64
Popular Mechanics Library 8.00
Port o Jonny, Inc. Toilet 87.00
Sankot's Garage, Inc. Parts & Labor 268.82
Schimberg Co. Supplies 372.02
See, Stanley W. Deposit Refund 60.00
Sharpe, Jacob Deposit Refund 60.00
Signal 88 Security Patrolling 4,400.65
Simmons Perrine Moyer Bergman PLC Legal Services 4,384.35
Telephone Service &
South Slope Internet 807.85
Speer Financial Bond Services 10,958.78
Staples Contract and Commercial Supplies 274.14
Staples Credit Supplies 80.40
Stimson, Cynthia Mileage 147.20
Storm Steel Supplies 102.43
Strategic Print Solutions Print Agreement 513.85
Taylor Construction Pay App 411 7,647.09
UnitedHealthcare Ins. Co. Policy Premium 127.14
US Cellular Cell Phones 116.91
US Cellular Tablets and Smart Phones 419.63
US Treasury Payroll Taxes 1,543.42
US Treasury Payroll Taxes 1,319.34
US Treasury Payroll Taxes 2,734.89
US Treasury Payroll Taxes 1,454.74
USA Blue Book Supplies 285.54
USPO Postage 201.58
USPO Postage 326.40
USPO Postage 34.46
USPO Postage 196.72
Waln Repair & Collision Vehicle Work 1,161.86
Waterworks C & I Inc. Filters 1,041.00
Wellmark Blue Cross & Blue Shield Policy Premium 4,085.32
WEX Bank F/D Fuel Cards Total 232.05
Whannel Hardware Charger 32.09
Wilson-Hite Insurance Insurance 3,361.00
Total Net Payroll 19,711.28
TOTAL 195,320.16
STATE OF IOWA
Counties of Linn and Johnson ss.
CITY O FA FAX fates 5aVanth Addl9ian the maintenance department running
R O1JL TY F1CCL The aareemenla for itaraf s is AttdBtton. srnaothly with limited staff. He thanked
MTfka era sttit being drafted them tar their affects:
JUN%eg2013. Mayor Rabe....Introduced Suelh9 4 Aftitoned.' by Beer, seconded by
Tha regular mewling df the FBttPax CIfY. Koenes.: CltY clerk Cvnihla 5ltmson ::Megace to adPourn file maaflrig Anes.
Council:. was herd T#uesdaY; June 9, sfafed Yhat Suale is Who..f1t v'ark remI.. Beer, Frleden, Otto Magers, and
2015,al;Falrlox CIN spall: Mayor Rabe: commending for 1he office �asststant YVatnwrl6ht Nays: none Mo11an car-
called:the meeting:to order at,7,00PM. posltlan:in the clivi clerk's offlc% She j��yor Rabe adPourned kiss meeting at
Cound( members pres$0 JOAnn Itves In Fairfax and is available to start Ma or
BeePx BePnie Frtedana Travis Otto,. wdriConJune24 Therecommendatlon WlavorJasdnRabe
MarcMPM
agers add MarPanrie Warn rs is hfr€her fir a:?£ull-time Psostiaon ai :City Cterltf'reagurp�Cynlhfa 54Jmsdn ��� anhl.[set° '
wrlgtrf;' Other city skiff presenr Cv Bt4 Sb pd'r hour Oisciaimer Ttra toragai.. rT�fnutas are
nPkjia Sfftli5ah, gave Yahecek and' Ma ttonad by Baer) seconded by not officlaf unio ap rdyed by?he City
M ger is hire kroanes for the l ' newspaper of genera
Molfanad:i'
by Beer, 5egonde4 by affprce ssi
as(ant positionSuehina Counci
at sid.50 Per cound 5 Reeelfnts ,
8aegersFrted nrd Ifc a nt s Rana: ee�, iefanf rt,Juaftr grr�agers„Aaerord r, l a rfrdf Intson Counties, In Iowa.
Wainwright,Nays:None. Motion ear-' Watnwriuitt N&Ys; ndne. Mattani Gar- "d Ainto
f1 � lfda I#b�+rfts.
'fed 'ted. Tst�tydb ul eat't t dx 004t rare of which.is attached, Was
Motioned by Fr eden safti by JoaI Grass, Hall and Hall Engineers LdVQ,V s r nit ayJa stucx atafge
Lot 20 ArP's l�Ceai Mair.rr't Er K4 "flea”'vvaler. and vvasrewarer un s aq dsy isntxt stra ofirict slug}}ad � GAZETTE TTE neWS a eI
Ayes:, Beer, FP}edan OtEci, Ma9e3s, Thursday Juty .266 Avec Been' srl ad". -4ad fie 4n6 k
anti W rnWright '-Naas ttdne mstioni Frfeden, Ofto, NkBgers and R siaa- o k7 b t t itltautoi yll ieayl, _ n1 C
carrl2d ;: = wrf0t, fotays none Mdtrots Earriedi.- anelj.su�araf ut tea fie,rtldsu . 3)5 -¢d , v 1 J.
Motioned by Beer,secotaded fa9M 116 to Matidned by Magors seconded Jsv Ottd tt dolt t a acF Jsn€l¢ us flcPdc
aPPrav+4 RE5OLtAT i fi15 5v A to give Mayer R6be the..aulhonfr#x
REsO1UTION SETH Ttti TiME. hire a the seasdnal parf time Staff_ an+le�ua�arid
AND PLACE FOR A._PVf6U,C t*EAR- pierr'tbor as soon as Possible atter the }�1S�71n� Sa1C�T10t1Ce 15
tNG.FOR THE t t P XaO �F 5OLt posting ends Avec Beer Friedein,
CITING WRITTEN wv4&V$T{)tIAL COM- Otto,Magers,and Wainw(igkit Nays unl;e�Jfnae ue Ind itis Pum austrsaA
MENT-S Ohl A REZONti"V EQIJEST on Mofidn Carried, a u}ga;uq®}a4v!A a cin es of
Roll calf vote Aves Feer Fri den, The city clerk-Tall througtJ mieeded bSLk 6E! [&tE3 �s aapa��ireat act
Otla,Magers,and WarnI right Nays. Year e.rid te.anstar S, ;e eaapJa saetuos os�ag snid
none.;MoicaPrMeMao
r.Mar Rabe hhofianad yMagers,seCdndad by Otto e aufts{sse,4p}s:Jreyo olluopogpa
d cFared RESOimUTfON"2675 50 defy tit anpravo 1�ESC3LIJTION 2015-55, A ul oaua}uaati�paknJiat
adopted, RESOi ll t ION TO APPROVE 1du yr q udlyaa}
piscusiod was kratd about a requesf 7f�AN5Cdd5 faoit Gall vale Ayes: yJlw ua}1au1#}e�t�ti�idjutan�
for a cGmmerctat:buildrmq'tJerYnit appli' BeePd rledehx cYttd, Mayers and yo s raplarf o1 ua [
ca4rot4,;tdr the tairV'Queon PPoperfY• WafftWelght Wald: Mile Motion ear uallCsad auhd isk 000s i u
5hanal'wrbks distussed the site plats rtedu i{tiYavot Babe declared RESOk W- 4w col.- 'lis ray j tap�t :lie
I changes.;iii the Parking and an TkY�fJ 2675 55 duli!.adapted.
addiltwx of a drive-fhro0gh%.lane. The M&16606 by Ee% ;seconded by Otto ta; uti w IPrrPfACpsrf isJuofsSayls rcf ,,,,,
building dePartrrlent has reviewed itte approve the claims IISt dated June 4, 6uf�iaag a sitaetu,atguatsatat ao hsng
information,met;with Richard PdnkeY 2015` Aves, Be
reor, .Friesen Otto,' # �
alsouf:;oFtrer outskandtnt111ems,end - Magers,and f revs none :.
cdmmends apPruvat otifrls taermif. Mot"ran;:carr`ted. p
Mdffohed by Frredan,_seconded sidewalk bu [3iscussidnwashdldaYroutfhe ` a u$$ ®gt y
Beer to aPprovetkre caivtinercral butte
ing pomil a0olt - work deadline of JuiY 1 znTS
afui :l:fbr the 6air`v Mayar>ttatre it..working do 9ettiirg aft ata1 � sts ZSS 44 bid
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City of Fairfax
APPLICATION FOR CHANGE OF ZONING
Please type or print.
The undersigned is/are the owner(s) of the property described in this application and hereby request that the City of
Fairfax Planning and Zoning Commission and the Fairfax City Council consider the said property for rezoning.
1. Please complete the following:
A. Property Address:
c(e d-L v , !A S,9 a d
B. Proposed Use: ����� ��)�4Pl,:L S
C. Reason for Request: ( �U d'�, y S 1�)awt
D. Current Zoning: E. Proposed Zoning: �r
F. Estimated increase in vehicle trips per day: 1A,S _G QS 06A O r((k MOW
(Applicant may be required to provide the necessary enginegring studies to determine this)
G. Types of vehicles using facility: 011,sp&d9 f/r I/Vlaw litf�I2C�(' (f 1�d of t, 5
2. A. A site plan is required for all single family residential rezoning which do not have an
accompanying preliminary plat. Said site plan shall show all existing structures located on the
property with dimensions of each structure,dimensions between structures and dimensions
between structures and dimensions from those structures to the proposed lot lines.
B. A site development plan is required for all R-M,M-H,C-1,LI and HI rezoning. Site plans must
be prepared by an engineer, landscape architect,urban planner, architect or similar professional
and included:
1. North directional arrow and map scale indication(no less than 1"=50')
2. Location map showing relation to surrounding roads and public facilities.
3. Title block including the name, address and phone number of the developer and the
architect's/engineer's seal,date of preparation and revision date.
4. Existing and proposed zoning classification,use of property and number of employees
(if applicable).
5. Ownership,land use and zoning of all properties within 200 feet of the property for which
the special exception is requested.
6. Type of water supply and sewage disposal and if storm sewer is available.
7. Existing and proposed property lines including dimensions of existing and proposed lot
boundaries.
8. Existing and proposed right-of-way lines and building setback lines.
9. Existing contour lines at intervals of ten feet.
10.Proposed contour lines at intervals of five feet.
11.Water courses,floodways,floodplains and wetlands.
12. Any unique natural features.
13. Locations and dimensions of all existing and proposed structures. All structures must be
delineated in square feet and dimensions to existing and/or proposed lot lines must be
provided as well as dimensions between structures.
14. Existing and proposed structures must be labeled as to their use. Structures include wells,
fences, septic,utility poles,LP tanks,etc. Existing roads must also be shown.
15.Existing and proposed parking spaces.Must provide notation of the number of spaces
required and the number provided.
16.All utility easements.
17.Radius or curvature of ingress and egress drives.
18. Circulation patterns of traffic.
19. Access to al public or private streets.
20. Location and size of existing or proposed signs and illumination techniques.
21.Location,intensity,height,spacing,efficiency and shielding of all existing and proposed
exterior lighting.
22.Location of outside refuse collection areas and the type of screen to be provided.
23.The estimated increase in vehicle trips per day by type of vehicle.
24. Any other information deemed necessary by the Zoning Administrator.
3. Please indicate whether the property is involved in any of the following by placing a check mark by all that
apply:
Bankruptcy Contract Sale Civil Suit Foreclosure
4. Certification. Complete the following as applicable:
> 7
Owner's Signature: ��� U� Date:
Address: e6 & �J
7 _
f4 a ..JA
Phone Number: Home: Work: -ri��O ,� Cell:
Contract Purchaser's Signature: �/fi Date:
Address:
Phone Number: Home Work: Cell:
Contact Person:Alf-4- W//C
Phone Number: Home: Work: 77�. J" -i �` Cell:
Surveyor:
Company: Ltd)
p —
NOTE: This application,the fee and the site plan are required to be submitted jointly. If any of these items are not
included or are found to be incomplete, a processing delay or rejection of the application my result.
City of Fairfax
Checklist
Rezoning Application
B. Form of Application:
An application for rezoning shall contain the following items.The Planning and Zoning Commission may
waive the need for certain items in the application if deemed appropriate.
1. The legal description and local address of the property.
2. The present zoning classification and the zoning classification requested for the
property.
3. The existing use and proposed use of the property.
4. The names and addresses of the owners of all property within two hundred (200)
feet of the property for which the change is requested.
5. A statement of the reasons why the present zoning classification is no longer
valid.
6. A Plat or Site Plan showing the locations,dimensions, and use of the applicant's
property and all property within two hundred(200)feet thereof,including streets,
alleys,railroads,and other physical features including:
(a) North arrow and scale.
(b) Size and location of existing and proposed structures and drives on the
subject property, and existing structures and drives on surrounding
properties.
(c) Name and address of landowner.
(d) Date of preparation of the plan.
C. Application Fee:
Before any action is taken upon an application as provided in this Ordinance,the applicant shall
pay to the Administrative Officer a non-refundable fee of fifty(50)dollars plus the cost of signs
as established by ordinance of the City Council.The Administrative Officer shall forthwith pay
over such fees to the credit of the General Fund of the City of Fairfax,Iowa.The failure to
approve an application for rezoning shall not be construed as any reason for refunding the fee to
the applicant.
D. Rezoning Signs:
The Clerk shall provide each applicant for rezoning with two(2)rezoning notification signs,
which shall be clearly posted by the applicant on the property for which a rezoning request
has been made.Tile applicant shall pay the clerk such costs at the time the signs are received as
may be prescribed by the council.The signs shall be placed so that they may be seen from the
street and, in cases of through lots and on corner lots,a sign shall be posted on both frontages.
Said signs shall be posted at least ten (10)days prior to the commission meeting date which said
date shall be noted by the clerk on the signs.It shall be the applicant's responsibility to see that
said signs remain posted during the entire period.If the signs are not posted in accordance with
the preceding requirements,no action shall be taken on the petition by the commission.The
signs shall be removed no later than five(5)days after denial by the City council or the date of
posting of the ordinance granting the rezoning by the City Council.
Office of the City Clerk
525 Vanderbilt Street•PO Box 337•Fairfax,Iowa 52228-0337
(319)846-2204•FAX(319)846-3480
SIMMONS PER-RINE MOYER BERGM.AN PLC
ATTORNEYS
Roben E.Konchar Eric W.Lam Kathleen A.Kleiman' Brian J.Pagan Chad D.Brakhahe COUNSEL RETIRED
Darrel A.Morf David W.Kubicek Thomas D.Wolle Abbe M.Stensland Lisa A.Stephenson Iris G Muchmore William A.Bergman
J.Scott Boggess Matthew J.Brander Paul R Morf Kyle W.Wilcox' Travis M.Cavanaugh Larry G.Gutz' Stephen C.Nelson
James E.Shipman Michael McDonough" Philip A,Burlan' Jeffrey A.Stone Erin R.Nathan' James R.Snyder
Stephen J.Holtman' James M.Peters Christine L,Conover Matthew J.Hektoen' Christopher K.Loftus` Richard G.Hileman,Jr.
Philip D.Brooks Mark H.Ogden Thomas N.DeBoom Paul D.Gamez Laura A.Jensen' David A.Hacker
James A.Gerk Mark A,Roberta Mark J.Herzberger Christopher J.Voci'" Graham R.Cad
Roger W.Stone Chad M.VonKampen MatthcwJ.Adam Dawn M.Gibson David J.Bright REGISTERED PATENT
Kevin J.Visser Gregory O,Williams Robert S.Hatala Carrie L.Thompson Rae M.Kinkead ATTORNEYS
Randal.I.Sclioler NicolasAbou-Assaly Amanda M.D'A mico Erickson Travis J,Schroeder Gregory G.Williams
Williams.Vernon Lynn W.Hartman Jacob R.Koller Charles J.Krogmeier Christopher J.VocP,"
Carrie L.Thompson
Writer's&Mail mhektoenta'�simmonsnetrine corn
Reply to the Cedar Rapids Office
January 5,2015
City of Fairfax
Attn: Mayor Rabe
Via email: jrabe@guaranty-bank.com
RE: Gibney Transaction
Dear Mayor Rabe:
Please find attached hereto our preliminary title opinion for the Gibney transaction. While not a
replacement for your thorough review I draw your attention to the easement reservation shown at entry 4. I
suggest you review this carefully and contact me with any questions, Additionally, I presume that you will
be gaining access to the real estate from the city park located immediately to the east of the Gibney real
estate. The abstract of title does not clarify that legal access to the Gibney real estate is available without
access through the city park.
Regarding closing, I am happy to do as much or as little as you desire. Please let me know your thoughts
and I will proceed accordingly. I look forward to hearing from you.
Regards,
A
eL�n
Moyer Bergman PLC
H
MHT: ejb
Cc: Cynthia Stimson, clerk
Randy Scholer
wwwArnmonsperrine,eom
® 115 Third Street SE,Suite 1200,Cedar Rapids,Iowa 52401 •Telephone(319)366.7641 •Fax(319)366.1917
d City Center S uam 1100-51a Street,Suite 205,Coralville,Iowa 52241•Telephone(319)354-1019+Fax(319)354-1760
Also licensed to practice hu I fliiaois 2 W&omia 3 New York 4 Minnesota 5 Michigan 6 Nebraska 7 Texas
SIMMONS I'ERRIN E . OYER B ER.G,1V AN PLC
ATTORNEYS
Robert EKonchar Erle W.Lam Kathleen A.Kleiman' Brian J.Fagan Chad D.Brakhahn' COUNSEL RETIRED
Darrel A..Mots David W.Kubicek Thomas D.Wolle Abbe M.Stensland Lisa A.Stephenson Iris E.Muchmore William A.Bergman
LinesBogguss Matthew J.Brandes Paul P.Mort Kyle W,Wilcox' Travis M,Cavanaugh Larry C.Gutz' Stephen C Nelson
Jaynes E.Shipman Michael McDonough` Philip A.Burlan' Jeffrey A,Stone Erin R.Nathan' James R.Snyder
Stephen J.Holtman' James M.Peters Christine L.Conover Matthew J.Hektoen' Christopher K.Loftus' Richard G.Hileman,Jr.
Philip A,Brooks Mark If.Ogden Thomas N.DeBoom Paul D.Gamez Laura A.Jensen David A.Hacker
James A.Ger); Mark A.Roberts Mark J,Hemberger Christopher J.Voci't•' Graham R.Carl
RogcrW.Stone Chad M.VonKampen Matthew J.Adam Dawn M.Gibson David J.Bright REGISTERED PATENT
Kevin J.Visser Gregory G.Williams Robert S.Hatala Carrie L.Thompson Rae M.Kinkead ATTORNEYS
Randal J.Scholer Nicolas Abou•Assaly Amanda M.D'Amlco Erickson Travis J.Schroeder Gregory G.Williams
William S.Vernon Lynn W,Hartman Jacob R.Koller Charles J.Krogmeier Christopher J.Vcci'}t'
Carrie L.Thompson
Email Address; mhektoenCg7s�mmon�pg�1I1�P�T1
Address Reply to Cedar Rapids Office
January 5, 2014
City of Fairfax
Attn: Mayor Rabe
Via email: jrabe@guarantybank,com
RE: Preliminary Title Opinion
Abstract No. 16529
Dear Jason:
I have examined the abstract of title for the real estate described as:
The South 100 feet of Lot 7, Murphy's First Addition to Fairfax, Iowa
And
All Lot 6, Murphy's First Addition to Fairfax, Iowa except that part of Lot 6
described as follows: Beginning at the NW corner of said Lot 6; thence S-ly along
the west line of said Lot 6, 88.56 feet; thence E-ly along a line parallel to and 88.56
flet South of the North line of said Lot 6, 70 feet; thence N-ly along a line parallel
to and 70 feet East of the West line of said Lot 6, 88.56 feet to the North line of
said Lot 6; thence W-ly along the North line of said Lot 6, 70 feet to the point of
beginning
as last certified by Iowa Title Company under the date of December 5, 2014 at 5:00 p.m. The abstract
of title consists of entries 1 through 59,
TITLE
I find legal title to the real estate to be in:
William G. Gibney and Jeanne T. Gibney, Co-Trustees of the William G. and Jeanne T.
Gibney Trust, established March 20, 2000, to be held in separate shares of the trust as tenants in
common
www.simmonsperrine,com
X 115 Third Street SE,Suite 1200,Cedar Rapids,Iowa 52401 o Telephone(319)366.7641 o Fax(319)366.1917
C7 City Center Square, 1100-5'h Street,Suite 205,Coraiviile,Iowa 52241+Telephone(319)354.1019 Fax(319)354.1760
Also 11cens d is practice in:1 Alinais 2 Wircmuin J New York 4 Minnemtd S Michigan 6 MCbrasko 7 Texas
Simmons Perrine Moyer Bergman VIA.,
January 5, 2015
Page 2
pursuant to a Warranty Deed shown at entry 58 filed March 23, 2000 in Volume 4063 Page 475 in the
records of the Linn County, Iowa Recorder. Affidavits in conformance with Iowa Land Title
Standard 4.7 most be provided at or prior to closing.
Legal title to the real estate is subject to the following limitations:
DESCRIPTION
1. Entry 22 shows the Plat of Murphy's First Addition to Fairfax, Iowa filed May 20, 1970
in Volume 17 Page 307 in the records of the Linn County, Iowa Recorder. There is a 10 foot Sanitary
Sewer Easement on the north side of Lot 6 and a 35 foot Sanitary Sewer Easement on the south side of
the real estate under examination. You should confirm that you have legal access to the real estate
under examination. A copy of the plat is attached for your reference.
ORDINANCES.
2. Entry 43 shows an Ordinance describing the boundaries of the City of Fairfax, Iowa filed
March 8, 1973 in Volume 1562 Page 469 in the records of the Linn County, Iowa Recorder. A copy of
this entry is attached for your reference.
3. Entry 44 shows Ordinance describing the boundaries of the City of Fairfax, Iowa filed
September 21, 1973 in Volume 1591 Page 183 in the records of the Linn County, Iowa Recorder. A
copy of this entry is attached for your reference.
EASEMENT RJESERVATION
4. Entry 55 shows an easement reservation wherein the seller reserves an 18-foot wide
easement for ingress and egress over part of Lot 6. The easement is subject to termination in the event
of the occurrence;of certain events described therein. A copy of this entry is attached for your reference.
TAXES
5, Entry 59 shows the abstractor was unable to make an examination as to personal taxes
assessed as real estate, or for taxes on leased equipment. The current real estate taxes due in September
2014 and March 2015 are$28.00, with the first installment paid and the second installment unpaid.
(GPN#201610701800000)
Legal description: Murphy's I"S100' Lot 7
The current real estate taxes due in September 2014 and March 2015 are $250.00 with the first
installment paid and the second installment unpaid. (GPN #201610702000000)
Legal description, Murphy's ?ex N88.56' W70' Lot 6
Class: Residential
All previous real estate taxes are paid in full.
Simmons Terrine Moyer Bergman PLC
January 5; 2015
Page 3
GENERAL
This opinion is expressly limited to matters shown in the abstract covering the period up to the
date of certification. No opinion is expressed as to matters not shown in the abstract which might affect
title to the real estate, among which are the following:
(a) Mechanics' liens for services rendered or materials furnished on the premises since liens need not
be filed until 90 days after the completion of the work or the materials have been furnished;
(b) rights of persons in possession;
(c) all public assessments ordered but which have not become a matter of record in the county court-
house;
(d) forged or fraudulent contracts, deeds or other instruments affecting title;
(e) any transfers, the substance and subject of which may be attacked as a fraudulent conveyance
within the meaning of the Federal Bankruptcy Code or Iowa law;
(f) any defects of title which may be revealed by an accurate survey;
(g) any state of facts which might be revealed by physical inspection or soil test of the property,
including but not limited to diseased trees, location of driveways, easements, fences, hedges,
drainage ditches, and an encroachment of buildings which may have set the boundary lines of
the property;
(h) zoning or other ordinances of the municipality or county;
(i) any flood plain regulations, encroachment limits or flood plain zoning as established by the Iowa
Natural Resources Council;
(j) any secufty interests in fixtures attached to the real estate of which notice may be given by a
financing statement that has not been filed of record;
(k) the presence of hazardous substances, pollutants, contaminants, solid wastes, hazardous wastes,
and other environmentally regulated activities, including those substances defined to be
hazardous,in Chapter 42 of the United States Code, Section 9601(14) and Chapter 455B of the
Iowa Code, which could require a purchaser, owner or lender to incur liability or remedial
actions or other clean-up; and
(1) any delinquent sewer, water and garbage fees that may be assessed by various cities.
You are advised to inform yourself of these matters by independent investigation.
You should determine whether any solid waste, hazardous substances, pollutants, above or
below ground storage tanks, drainage wells, water wells, land fill sites or other environmentally
regulated conditions exist on the property. Such conditions are not ordinarily shown in the'abstract,but
they may result in injunctions, fines, required clean-up, or other remedial action under federal, state, or
local laws. These laws may impose liens against the property and personal liability against the owner,
even though the owner did nothing to create the condition, and acquired the property without knowing
about it.
Simmons Perri.ne Moyer Bergman PLC
January 5, 2015
Page 4
You may purchase additional protection of your interest in the real estate through an owner's or
lender's title guaranty certificate issued by the Title Guaranty Division of the Iowa Finance Authority
and purchased through our firm. A Title Guaranty Certificate provides certain protection of your
interest in the property which exceeds the protection available through this opinion. If you are
interested in such a Certificate or have questions concerning such Certificates, please contact me.
You should confirm with the abstracter prior to closing that no additional matters, liens or
encumbrances have been recorded or filed since the date of the last extension that would affect title to
the property.
Respectfully su itted,
T&Heen
MOYER BERGMAN, PLC
Iowa Title Guaranty
Member 410102
MHT: ejb
Cc: Cynthia Stimson,Clerk
Enclosures
MURPHY'S FIRST ADDITION TO FAIRFAX, IOWA
922 Mary M. O'Connell, John PLAT
E. Murphy, Madaline M. Dated February 24, 1970
Murphy, Sedonia C.Murphy, Ack. February 24, 1970
Clara E. Martin, George Filed May 20, 1970 at 3:14 P.M.
E. Martin Volume 17 page 307,
Plat Records
To
The Public
i
DEDICATION certifies that Mary M. O'Connell, single,
Sedonia C. Murphy, single, John E. Murphy and Madaline M.
Murphy, husband and wife, and Clara E. Martin and George E.
Martin, wife and husband, being the owners in fee of all the
land which is included in a subdivision of a part of the Nl�
of the ND-, of Section 16-82-8, Linn County, Iowa, have caused
a survey and subdivision of said land to be made, the lots and
streets to be marked, named, and numbered as shown by a plat
dated December 16, 1969, and certificate of Donald A. Thomas,
Surveyor, hereto attached, to the end that the same be recorded
and hereafter designated and known as MURPHY'S FIRST ADDITION
TO FAIRFAX, IOWA.
And the said owners hereby acknowledge the subdivision
of the land shown by the said plat to by by their free consent
and in accordance with their desires, and do hereby set apart
and dedicate to the•public use, as public highway forever, all
the land included• in the streets as shown by said plat.
And the said owners, for the purpose of said plat and
dedication, do hereby relinquish all their contingent rights
of dower and homestead.
SURVEYOR'S CERTIFICATE executed on December 16, 1969 by
Donald A. Thomas, Surveyor with seal affixed, states that
Murphy's First Addition to Fairfax, Iowa, is located on and
is a subdivision of a part of the Last 5 acres of the following
described premises:
All that part of the N41 of the NE's of Section 15, Township
82 North, Range 8 West described as follows: Beginning at a
point 12 chains west of the Southeast corner of said N'j of the
NE's; thence West 10.87 chains to the centerline of Park Street
produced in the Town of Vanderbilt; thence North on said center-
line of Park Street produced 8.74 chains to the S line of Church
Street; thence E on the said S line of Church Street 10.72 chains;
thence South 8.76 chains to the place of beginning, containing
9.44 acres more or less. Excepting therefrom Lot 25 of the
Irregular Survey of said N, of the NE-. of said Section 16,
Township 82 North, Range 8 West, Linn County, Iowa, and also
further excepting therefrom the. following. described tract: That
part of the Northeast Quarter of the Northeast Quarter in Sec-
tion 16, Township 82 North, Range 8 West, Linn County, Iowa,
described as follows': Beginning at the NW-ly corner of Lot 25,
Irregular Survey of the NEk of the NEk of Section 16, Township
82 North, Range 8 West; thence W-ly along the. S line of Church
Street 70 feet; thence S-ly along a line parallel to and 70 feet
distant W-ly from the W-ly line of said Lot. 25, a distance of
150 feet; thence E-ly along a line parallel to and 150 feet
distance S-ly from the S line of Church Street, a distance of
70 feet to the SW-ly corner of said Lot 25; thence N-ly along
the W-ly line of said Lot 25, a distance of 150 feet to the
point of beginning, more particularly described as follows:
Beginning at a point 12 chains or 792 feet west of the SE corner
of the said Nk of the NEI, of said Section 16; thence due West
377.30 'feet along the S line of the NEk of the NE% of said
Section 16 -to. a point on the W line of the said E 5 acres;
(for purposes of this description, the S. line of the NES of
the NE14 of Section 16 is assumed to be due W; thence N 0°38120"
W 571.36 feet along the W line of the said 5 acres to a point
on the S line of Church Street; thence N 89°52120" E 90.80 feet
along the S line of Church Street to a point that is 70.00 feet
W-ly from the NW-ly corner of said Lot 25; thence S 0038120" E
150.00 feet to a point; thence N 89°52120" E 70.00 feet along
aline parallel to and 150.00 feet in perpendicular distance
S-ly from the said S line of Church Street; to the SW-ly corner
of said Lot 25; thence continuing N 89052.120" E 216.50 feet
along the S line of said Lot 25 to a point on the W line of
Gidding's Addition to Vanderbilt, Iowa, now known as Fairfax,
Iowa; thence S 003812011E 422.20 feet along the said •W line of
said Gidding's Addition to the point of beginning.
The W line of the above described tract was established
as being parallel to the E line which is the W line of Gidding's
Addition. It was found that the 9.44 acre tract is actually
9.35 acres so this same proportion was distributed to the 5
acre tract. Using this proportion, the above described tract
includes 4.95 acres.
For a more definite location and description, reference
is made to a plat hereto attached and made a part hereof, dated
December 16, 1969,
Said Murphy's lst Addition is divided into 8 lots num-
bered consecutively from 1 to 8 both inclusive. The number of
each lot is designated on said Plat by figures near the center
of the lot. The dimensions of the lots, widths of the streets
and the distances from government lines and corners are as
shown in feet and decimals thereof on said plat.
Iron stakes are driven at all points marked with a small
circle thus, -o- on said plat.
The N3 of Linn Street is 33.0 feet wide, now being dedicated.
He hereby certifies that the above legal description and
hereto attached plat are in accordance with a survey made.by him
and are correct to the best of, his knowledge and belief.
NOTE: See attached sheet for Plat.
RESOLUTION OF THE TOWN PLAN COMMISSION of the Town of
Fairfax, Iowa passed April 4, 1970, recommends to the Town
Council of Fairfax, Iowa, the acceptance of the foregoing plat.
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S hereby testily that this plan, plat, map,survey Or report was '
prepated by me or under my direct personal supervision and that
J Om o Quly regtsioted land Surveyor under the. Jaws of We
slato Ot cowa.
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TO >=AIRrAX ,, IOWA
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SIOWA CITY I
RESOLUTION NO. 5-18--70 by the City Council of the Town
of Fairfax, Iowa, approves the foregoing plat and accepts the
streets therein shown. Endorsed hereon is the Certificate of
the Mayor and Clerk of the Town of Fairfax, Iowa, with seal
affixed, certifying that the foregoing resolution was passed %.
by the Town Council of the Town of Fairfax, Iowa on May 18, 1970.
CERTIFICATE OF THE CLERK OF THE DISTRICT COURT OF LINN
COUNTY, IOWA, by deputy, dated January 30, 1970 at 8: A.M. with
seal affixed, certifies that the real estate platted is free
from all ,judgment, attachment, mechanics' or other liens as
appears in the records of this office.
CERTIFICATE OF THE TREASURER OF LINN COUNTY, IOWA, by
deputy, dated January 30, 1970 with seal affixed, certifies
that there are no taxes due or tax liens against the land
platted as shown by the records of this office.
CERTIFICATE OF THE RECORDER OF LINN COUNTY, IOWA, dated
January 30, 1970 with seal affixed, certifies that title in fee
of the land platted is in the grantors therein, and that, there
are no mortgages or encumbrances against said land, as shown
by the records in the County Recorder's Office in Linn County,
Iowa.
TITLE OPINION from Law Offices of Kubicek, Novak &
Kubicek By Theodore L. Kubicek states that he has examined
Abstract of Title certified January 30, 1970 at 8 A.M., along
with accompanying addenda, pertaining to the following described
real estate, to--wit:
The East 5 acres of the following described premises:
All that part of the N'j NEk of Section 16-82-8, Linn County,
Iowa, described as follows: Beginning at a point 12 chains
West of the Southeast corner of the said N3� NE's; thence West
10.87 chains to the center line of Park Street produced in the
Town of Vanderbilt, Linn County, Iowa; thence North on said
center line of Park Street produced 8.74 chains to the South
line of- Church Street; thence East on the said South line of
Church Street 10.72 chains; thence South 8.76 chains to the
point of beginning; excepting therefrom: Lot 25, Irregular
Survey of Nl� NEk of Section 16-82-8, Linn County, Iowa; and
further excepting therefrom: Beginning at the NW-ly corner of
Lot 25, Irregular Survey of NEk NEk of Section 16-82--8; thence
W-1y along the South line of Church Street 70. feet; thence
S-ly along a line parallel to and 70 feet distant W-ly From
W-1y line of said Lot 25, a distance of 150 feet, thence E-1y
along a line parallel to and 150 feet distant S-ly from the
South line of Church Street, a distance of 70 feet to the SW-1y
corner of said Lot 25; thence N-ly along the W-1y line of said
Lot 25, a distance of 150 feet to the point of beginning.
In their opinion, fee title to the said real estate is
in Mary M. O'Connell, Sedonia C. Murphy, John E. Murphy and
Clara E. .Martin, free from liens and encumbrances.
.. ... 1 .f.,d'.... � t+...e^wr'w:we..�,w ��•/ � .'C„ f J � !7r .
h43' ORDINANCE filed for record March 8, 1973 and recorded
in Volume 1562 page 469, is as follows:
Chapter 20 City Boundaries
An Ordinance ,Describing the Boundaries of the City of
Fairfax, Iowa.
Be It Enacted by the Council of the City of-Fairfax, ,
Iowa.
Section 1.. Purpose. The purpose of this ordinance is to
describe the boundaries of the city of Fairfax, Iowa.
Section 2. Boundaries. The bou.ndries cf the city of Fairfax,
Iowa shall be as follows, to wit:
Commencing on the section line at the SE.corner of the
SE4 of Section 9-82-8 West of the 5th P.M.;
Thence north 'on said section line to a point on said
section line 16564 feet north of the SW corner of the SWi •
section 10-82-8 W, .
Thence east,. parallel and contiguous to the Chicago
Northwestern Railroad right-of-way to the Quarter section line '
at the SE corner of the SW-41 of Section 10-82,-8W,
Thence north on the quarter section line 521 feet,
thence West and parallel with the North right-away-line of
the Chicago Northwestern Railroad to the West -section line of
SWZ of Section 10-82-8W,
Thence north on said section•line to the NE corner of the
SE-4L NE� of Section 9
Thence West along the quarter section to the NW corner
of the SWv NEu of said Section 93
Thence South along the half section line to the SW corner
Of the SWC NE1 of said Section9;
Thence West on the Center section line of said section 9
to the NW Corner of Lot 3, Auditor's Plant Ito- 369; (1,602.2: i
feet) Thence South along the• West line of Lot 3, Auditor's
Plat No. 369; (300 feet) to the SW corner of said Lot 3, �
Auditor's Plat No. 369;
Thence east along the .South line of said Lot 3, Auditor's
Plat No. 369 to the Quarter Section line at,the West edge of i
the N4 SWu of Section 9-82-8W;
Thence South on said quarter section line to a point 33
feet north of the center section line of Section 16-82-8 West
of the 5th P.M.,
Thence East 33 feet North of and parallel with the center
sectlon'line of said Section 16 to a point 33 feet west of the
east section line of said Section 16;
Thence North 33 feet west of and parallel with the
East section line of Section 16 to the North section line of
said Section 16;
Thence east 33 feet on the North Section line of said
Section 16 to the point of beginning.
Section 3. Repealer. All ordinances or parts of ordinances
in conflict with provisions of this ordinance are hereby re-
pealed.
Section 4. Savings, clause. If any section, provision,
or part of this ordinance shall be adjudged to be invalid or
unconstitutional, 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.
Section 5. When Effective. This ordinance shall be in
effect after its final passage, approval and publication as
provided by law.
Passed by the Council 1st day of March, 1973 and approved..
this 1st day of March, 1973. H. 1, Shakespeare, Mayor (Offl.
Seal) Attest; Virginia Soukup, Clerk.
*44 ORDINANCE filed for record September 21, 1973 and recorded
in Volume 1591 Page 183 and is as follows:
Chapter 20 City Boundaries
An Ordinance Describing the Boundries of the City of
Fairfax, Iowa.
Be It Enacted by the Council of the City of Fairfax,
Iowa.
Section 1. Purpose. The purpose of this ordinance is
to describe the boundaries of the City of Fairfax, Iowa
Section 2. Boundries. The Boundaries of the City of
Fairfax, Iowa ,shall be as follows to• wit:
Commencing on the section line at the SE corner of the
SE4 of Section 9-B2-8, West of the 5th P.M. :
Thence North on said section line to a point on said
section line 165.4 feet North of the SW corner of the SW4
Section 10-82-8 W,
Thence, East 1325' along the North right-of-.way line of
the C.N.W..& P. R R to the East line of the SW4 SW4 of Section
10-82-8; thence North 5211 ; thence West parallel to and 521'
North of the said right-of-way to the West line of Section 10-82-8:
Thence North on said section line to the NE corner of the
SE-1 4 of the NE4 of Section 9-82-8:
Thence West along the 4 section line of the •NW Corner
of the SW4 of the NE4 of said Section 9:
Thence South along the half section line td the SW corner
of the SW4-, of the NE-1 of said Section 9
Thence West on the Center section line of Section 9 to
the NW corner of Lot 3, Auditor's Plat 369 (1;602.,2 feet);
Thence South along the West line of Lot 3, Auditor's Plat
No. 369 (300 feet) to..the SW corner of said Lot 3, Auditor's
Plat No. 369:
Thence East along the South lisle of Said Lot 3 Auditor's
Plat No. X69 to the 4 section line at the West Edge of the NE4
of the SWC of Section 9-82-8 W:
Thence South on said u section line to a point 33 'feet
North of the center Section line of Section 16-82-8 West of
the 5th P. M. :
Thence East 33 of and parallel with the Center
section line of said Section 16 to a point 33 feet west of the
East Section line of said Section 16:
Thence North 33 feet West of and parallel with the East
Section line of Section 16 to the North Section line of said Sacbm16:
Tim nce E33feetoniheNa3c:.Itne of said sa:.16tothe point of begiming.
Section 3. Repealer. All ordinances or parts of ordinances
in conflict with provisions of this ordinance are hereby repealed.
Section 4. Saving Clause. If any section, provision, or
part 'of this ordinance shall be adjudged td be invalid or uncon-
stitutional, .s'uch adjudication shall not affect the validity of
the ordinance as a 'whole or any section_, provision or part
thereof• not ,adjudged invalid or unconstitutional.
Section 5. When Effective. This ordinance shall be in
effect after its Final passage, approval and publication as
provided by law.
Passed by the Council 1st day of March 1973 and
approved the 1st day of March, 1973. H. L. Shakespeare,
Mayor (Cffl. Seal,) Attest: Virginia Soukup, Clerk.
r
4389082 - 1
A B S T R A C T O F T I T L E
to
The South 100. feet of Lot 7, Murphy' s First Addition to Fairfax,
Iowa
AND .
All Lot 6, Murphy's First Addition to Fairfax, Iowa except that
part of Lot 6 described as follows: Beginning at the NW corner of
said Lot 6; thence S-ly along the West- line of said Lot 6, 88.56. feet;
thence E-ly along a line parallel to and 88.56 feet South of the North '
line of said Lot 6, 30 feet; thence N-ly along a line parallel to and
70 feet East of the West line of said Lot 6, 88.56 feet to the North
line of said Lot 6; thence W-ly along the North line of said Lot 6, 70
feet to the point of beginning
Our examination commences from January 11, 1982 at 8:00 A.M.
Note of Abstracters: Entry numbered 59, heretofore shown, is
included in and made a part of our present certificate.
COURT OFFICER DEED
John E. Murphy, Clara E. Maftin, $1&og&vc
and Patricia R. Davis as Dated December 29, 1981
Administrators in the Matter of Acknowledged December 29, 1981
the Estate of Sedonia C. Murphy, Filed March 1, 1982
Deceased V. 1829, P. 236
to
William G. Gibney and Jeanne T.
Gibney, as joint tenants with
full rights of survivorship and
not as tenants in common
Conveys the following described real estate:
T E SOUT:i •100 :GCT O' T.OT 7, !•fURPHY'S Pr RST ADDITION To rAIRFAX,
Yowts., Im ALL 0? lOT 6. HURI lu'S VIRST ADDITION•TO FAIRFAX,
IoUTA, FXCEPT THA'L PART OF LOT 5 DncRIRrD AS FOLLOWS. Beginning
at the M4 cornar of said Lac 6; thence 5-1y along the West line
or s4id Lot 6; 88.56 recti thence E-ly along n line parallel
to and 88.55 feet South of the forth line or said 1.o4 5, 70
IOWA TITLE COMPANY
#384082 - 2
fcseCc-thence N-1y aloq a-line parallel�tovana 70 .feet Bast
of the West lire of said Lot 6, 88.56 feet to the North kine
Of said -6t. 6; thence W-ly albttg,. the North line of said Let
6, 70 'feet to the point of betinriing, subject to sanitary sewer
easemex►ts of xecord and further subject to covena-3 s, aonditxo:ta,
restrictions aid easements of record.
Recites as follows:
ADDITIMIAK Plt0'l'I510NS:
Seiler reserves an 18-foot wide easement far JnP resp and eiresa
over that part of Auid Lot 6 described as follows:
Beginning at the SE corner of Lot: 2, 14urOW a F'i,rst.
Addition to 7Fajifax, Iotoat chance N-ly along she Bast
lire of said Lot 2 to the NE corner of .aid Yat 2= thence
continuing N-ly along an extension of the East line of
said lot 2 to a poiAt which is 58.56 fuer: South of the
North line of said Lot 61 thtil.ce F,-1y along a line parallel.
to attd 88.56 feet. South of the North line of said ?.ot
6, I8 gaat to a point, said point 'being 70 feet 'E-1Y o`
the Westline of* said Lot 61 the== S-ly alanr, a line
parallel .to and 18 'teat t'ast. of the 'rest l•Lae of the
here inde s crit.ed easement to a point on a lite ruttatih,
hetoeen the SW corner of lot: 3 in said A.dditi.on and the
point of bcginniillg;. thence 14-1y 18 feet to the point of
be ;inn itiu. . ,
Said easement: shall automatically tc.rmirate (1) When lane of
the Sellers hercin or their successors in interes4, other than
aurchasers for value, Otim any part of the property described
as South one-Half (S,,,) of the Northeast' Quarter (N-Pk) of Section
16, Township 32, North, Range 8, l.yi.ngg. NLLIy of the C.M. & St,
l*. ry. Comoany`s Land, excep ting Lot G, irregular Survey
therefrom, Linn County, Iowa, containing 52k acnes,
or (2) when said real estate ceases to be used for agricultural
osmoses, or (3) wren thc corn crib or arty repl=emeltt thereof
which is located i;a the N14 corner of said y of 6, beinb that
nroperty excepted from the sale herein, is permanently removed
herc�frort, tthxctievcr occurs f3rsu .It is agreed that an nf..xdsvit
shall be suff'.ivient to Prove any of said three events.
Transfer Tax 827..45.
For Entry #56, see next page.
IOWA TITLE COMPANY
OAV
IOWA
ATITLEph 319.365.1478
t,`OWANY fax 319.365.1340
1001 st Ave NE Ste 4109 Abstracts
Cedar Rapids,Iowa 52401 web:bUpJ/www.iowatitle.corr
Title Report:
TO SIMMONS, PERRINE,ALBRIGHT ETAL KCARTER
115 3RD ST. SE, STE. 1200
ORDER# 384082
CEDAR RAPIDS, IA 52401-0000 INVOICE# L383639
000596
Attn: ELIZABETH BRANDT
AMOUNT$ 320.00
MEMO# 56873
PLEASE RETURN COPY WITH RgMl:[TANCF, R WRITE INVOICE NUMBER O 4 YOUR CHECK.
DATE REAL ESTATE SERVICE ADVANCES FEES
12/19/2014 Continuation of Abstract 0.00 320.00
Ref#
PT LOT 6&7
MURPHYS 1ST
FAIRFAX, IA
DELIVERED TO: SIMMONS, PERRINE., ALBRIGHT ETAL TOTAL 0.00 320.00
Attn: MATT HEKTOEN
TOTAL INVOICE 320.00
MEMO# 56873
INVOICE# L383639
PREPAID 0.00
REFERENCE# Title Holder(s): GIBNEY, WILLIAM G& JEANNE T TRU
Buyer(s):
BALANCE DUE L 320.00
TAFCOMTANY
IOWA
TITLEAt
I1111111111111III1IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII 11111 IIIII
GEN
Doc ID: 021573300004 Type; 111111111111
Recorded: 02/04/2015 at 01:31:06 PM
Fee Amt. $66.20 Pape 1 of 4
Revenue Tax: $39.20
LinnCounty Iowa
JOAN MCCALMANT RECORDER
BK9 66 PG66-69
TRUSTEE WARRANTY DEED
THE IOWA STATE BAR ASSOCIATION
Official Form No. 107
Recorder's Cover Sheet
Preparer Information:
Daniel L. Seufferlein, 4056 Glass Rd NE, Cedar Rapids, IA 52402, Phone: (319) 393-9090
Taxpayer Information:
City of Fairfax 525 Vanderbilt St Fairfax IA 52228
Return Address
City of Fairfax 525 Vanderbilt St Fairfax IA 52228
Grantors:
William G. Gibney and Jeanne T. Gibney,
Co-Trustees of The William G. and Jeanne T. Gibney Trust, established March 20, 2000
Grantees:
City of Fairfax
Legal Description: See Page 2 & 4
Document or instrument number of previously recorded documents:
r
06K#fig
Daniel L. Seufferlein, Attorney
TRUSTEE WARRANTY DEED
(Inter Vivos Trust)
For the consideration of One ($1.00) Dollar(s) and other valuable consideration, William
G. Gibney and Jeanne T. Gibney, Co-Trustees of The William G. and Jeanne T. Gibney Trust,
established March 20,2000 do hereby convey to City of Fairfax the following described real estate
in Linn County, Iowa:
see attached Exhibit "A".
Subject to Covenants, Conditions, Restrictions and Easements of record.
The grantor hereby covenants with grantees, and successors in interest, that grantor holds
the real estate by title in fee simple; that grantor has 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 grantor covenants to warrant and defend the real estate against the lawful claims
of all persons, except as may be above stated.
The grantor further warrants to the grantees all of the following: That the trust pursuant to
which the transfer is made is duly executed and in existence; that to the knowledge of the grantor
the person creating the trust was under no disability or infirmity at the time the trust was created;
that the transfer by the trustee to the grantees is effective and rightful; and that the trustee knows
of no facts or legal claims which might impair the validity of the trust or the validity of the transfer.
Words and phrases herein, including the acknowledgment hereof, shall be construed as in
the singular or plural number, according to the context.
Dated: �"�-�
The William G. and Jeanne T. Gibney Trust, established March 20, 2000
William G. Gibney, Co-Trustee
f
Jeanne T. Gibney, Co-Tri r1411e.
As Co-Trustee of the above-entitled trust
STATE OF IOWA, COUNTY
This record was acknowledged before me this this C� dayof JC�fl.C1�� ,`�. 015, by
William G. Gibney, Co-Trustee of The William G. and Jeanne T. Gibney Trust, established
March 20, 2000.
�XAL STEPHANIE J MAI
V5"
sy Commission Number 728056 Signatu of Notary P lic
Z My commission Expires
/pWP
STATE OF IOWA, COUNTY OF
This record was acknowledged before me this day of , 2015, by
Jeanne T. Gibney, Co-Trustee of The William G. and Jeanne T. Gibney Trust, established March
20, 2000.
Signature of Notary Public
Exhibit "A"
The South 100 feet of Lot 7, Murphy's First Addition to Fairfax, Iowa
And
All Lot 6,Murphy's First Addition to Fairfax, Iowa except that part of Lot 6
described as follows: Beginning at the NW corner of said Lot 6; thence S-1y along
.the west line of said Lot 6, 88.56 feet; thence E-ly along a line parallel to and 88.56
flet South of the North tine of said Lot 6, 70 feet; thence N-ly along a line parallel
to and 70 feet East of the West line of said Lot 6, 88.56 feet to the North line of
said Lot 6;thence W-ly along the North line of said Lot 6, 70 feet to the point of
beginning
ii iii ilii i i ii i iisii ilii 11111 ilii 11111 11111 i i 11111 ii ii 11111 ii iii
Doc ID: 021573310003 Type: GRW
Recorded: 02/04/2015 at 01:31:42 PM
Fee Amt: $0.00 Page i of 3
Linn County Iowa
JOAN MCCALMANT RECORDER
File2015-00003510
REAL ESTATE TRANSFER- GROUNDWATER HAZARD STATEMENT
TO BE COMPLETED BY TRANSFEROR
TRANSFEROR:
Name William G. Gibney and Jeanne T. Gibney, Co-Trustees
Address P.O. Box 18 Fairfax IA 52228
Number and Street or RR City,Town or P.O. State Zip
TRANSFEREE:
Name City of Fairfax
Address 525 Vanderbilt St Fairfax IA 52228
Number and Street or RR City,Town or P.O. State Zip
Address of Property Transferred:
bare ground
Number and Street or RR City,Town or P.O. State Zip
Legal Description of Property: (Attach if necessary) see attached Exhibit "A".
1. Wells (,check one)
_ here are no known wells situated on this property.
There is a well or wells situated on this property. The type(s), location(s) and legal status are
stated below or set forth on an attached separate sheet, as necessary.
2. Soli ste Disposal (check one)
_There is no known solid waste disposal site on this property.
_There is a solid waste disposal site on this property and information related thereto is provided
in Attachment#1, attached to this document.
3. Hazardous Wastes (check one)
ere is no known hazardous waste on this property.
_There is hazardous waste on this property and information related thereto is provided in
Attachment#1, attached to this document.
4. Under and Storage Tanks (check one)
V-Ifkere are no known underground storage tanks on this property. (Note exclusions such as
small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in
instructions.)
_There is an underground storage tank on this property. The type(s), size(s) and any known
substance(s) contained are listed below or on an attached separate sheet, as necessary.
FILE WITH RECORDER DNR form 542-0960 (July 18, 2012)
5. Priya urial Site (check one)
_There are no known private burial sites on this property.
_There is a private burial site on this property. The location(s) of the site(s) and known
identifying information of the decedent(s) is stated below or on an attached separate sheet, as
necessary.
6. Priv ewage Disposal System (check one)
All buildings on this property are served by a public or semi-public sewage disposal system.
This transaction does not involve the transfer of any building which has or is required by law to
have a sewage disposal system.
_There is a building served by private sewage disposal system on this property or a building
without any lawful sewage disposal system. A certified inspector's report is attached which
documents the condition of the private sewage disposal system and whether any modifications
are required to conform to standards adopted by the Department of Natural Resources. A
certified inspection report must be accompanied by this form when recording.
There is a building served by private sewage disposal system on this property. Weather or
other temporary physical conditions prevent the certified inspection of the private sewage
disposal system from being conducted. The buyer has executed a binding acknowledgment
with the county board of health to conduct a certified inspection of the private sewage disposal
system at the earliest practicable time and to be responsible for any required modifications to
the private sewage disposal system as identified by the certified inspection. A copy of the
binding acknowledgment is attached to this form.
There is a building served by private sewage disposal system on this property. The buyer has
executed a binding acknowledgment with the county board of health to install a new private
sewage disposal system on this property within an agreed upon time period. A copy of the
binding acknowledgment is provided with this form.
_There is a building served by private sewage disposal system on this property. The building to
which the sewage disposal system is connected will be demolished without being occupied. The
buyer has executed a binding acknowledgment with the county board of health to demolish the
building within an agreed upon time period. A copy of the binding acknowledgment is provided
with this form. [Exemption #9]
This property is exempt from the private sewage disposal inspection requirements pursuant to
the following exemption [Note: for exemption #9 use prior check box]:
_The private sewage disposal system has been installed within the past two years pursuant to
permit number
Information required by statements checked above should be provided here or on separate
sheets attached hereto:
I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM
AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT.
Signature: Telephone No.:
(Transferor or gent)
FILE WITH RECORDER DNR form 542-0960 (July 18, 2012)
Exhibit "A"
The South 100 feet of Lot 7, Murphy's First Addition to Fairfax, Iowa
And
All Lot 6, Murphy's First Addition to Fairfax, Iowa except that part of Lot 6
described as follows: Beginning at the NW corner of said Lot 6; thence S-1y along
.the west line of said Lot 6, 88.56 feet; thence E-ly along a line parallel to and 88.56
flet South of the North line of said Lot 6, 70 feet; thence N-ly along a line parallel
to and 70 feet East of the West line of said Lot 6, 88.56 feet to the North line of
said Lot 6;thence W-ly along the North line of said Lot 6, 70 feet to the point of
beginning
i 1111111 111111 iii 11111 11111 11111 11111 11111 11111 iioi 11111 11111 11111 11111 ilii ilii
Doc ID: 021573280003 Type: GEN
Recorded: 02/04/2015 at 01:28:26 PM
Fee Amt: $17.00 Page 1 of 3
Revenue Tax: $0.00
Linn County Iowa
JOAN MCCALMANT RECORDER
BK9166PG60-62
INDIVIDUAL TRUSTEE'S AFFIDAVIT
THE IOWA STATE BAR ASSOCIATION
Official Form No. 113
Recorder's Cover Sheet
Preparer Information: (name,address and phone number)
Daniel L. Seufferlein, 4056 Glass Rd NE, Cedar Rapids, IA 52402, Phone: (319) 393-9090
Taxpayer Information: (name and complete address)
City of Fairfax 525 Vanderbilt St Fairfax IA 52228
Return Document To: (name and complete address)
City of Fairfax 525 Vanderbilt St Fairfax IA 52228
Grantors:
William G. Gibney and Jeanne T. Gibney
Grantees:
City Of Fairfax
Legal Description: See Page 2 & 3
Document or instrument number of previously recorded documents:
v
Daniel L. Seufferlein, Attorney
INDIVIDUAL TRUSTEE'S AFFIDAVIT
RE: see attached Exhibit"A".
STATE OF IOWA, COUNTY OF LINK, ss:
We, William G. Gibney and Jeanne T. Gibney, being first duly sworn (or affirmed) under
oath, state of our personal knowledge that:
1. We are the co-trustees under The William G. and Jeanne T. Gibney Trust,
established March 20, 2000, to which the above-described real estate was conveyed to the trustee
by William G. Gibney and Jeanne T. Gibney, pursuant to an instrument recorded the 23rd day of
March, 2000, in the office of the Linn County Recorder in Volume 4063 at page 475.
2. We are the presently existing trustees under the Trust and we are authorized to
execute and deliver a Warranty Deed without any limitation or qualification whatsoever.
3. The Trust is in existence and we, as trustees, are authorized to transfer the interest
in the real estate as described in paragraph 2, free and clear of any adverse claims.
4. The grantor of the trust is alive.
5. The trust is revocable or, if the trust is irrevocable, none of the beneficiaries of the
trust are deceased.
r
William G.
Gibney, Affiant
Jeanne T. Gibney, Affiant
m. _
Signed and sworn to (or affirmed) before me this day �f M. �� _ , 2015, by
William G. Gibney and Jeanne T. Gibney.
SignatCof ary fu
RAC s STEPHANIE J MAI `
o y Commission Number 728056
V. My Commission Expires
ipWp V .
Exhibit "A"
The South 100 feet of Lot 7, Murphy's First Addition to Fairfax, Iowa
And
All Lot 6, Murphy's First Addition to Fairfax, Iowa except that part of Lot 6
described as follows: Beginning at the NW corner of said Lot 6; thence S-ly along
the west line of said Lot 6, 88.56 feet; thence E-ly along a line parallel to and 88.56
flet South of the North line of said Lot 6, 70 feet; thence N-ly along a line parallel
to and 70 feet East of the West line of said Lot 6, 88.56 feet to the North fine of
said Lot 6; thence W-ly along the North line of said Lot 6, 70 feet to the point of
beginning
i 1111111 111111 iii 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 ilii ii
Doc ID: 021573290003 Type: GEN
Recorded: 02/04/2015 at 01:29:17 PM
Fee Amt: $17.00 Page 1 of 3
Revenue Tax: $0.00
Linn County Iowa
JOAN MCCALMANT RECORDER
SK9166 PG63-65
PURCHASER'S AFFIDAVIT
THE IOWA STATE BAR ASSOCIATION
Official Form No. 115
Recorder's Cover Sheet
Preparer Information: (name,address and phone number)
Daniel L. Seufferlein, 4056 Glass Rd NE, Cedar Rapids, IA 52402, Phone: (319) 393-9090
Taxpayer Information: (name and complete address)
City of Fairfax 525 Vanderbilt St Fairfax IA 52228
Return Document To: (name and complete address)
City of Fairfax 525 Vanderbilt St Fairfax IA 52228
Grantors:
William G. Gibney
Jeanne T. Gibney
Grantees:
City of Fairfax
Legal Description: See Page 2 & 3
Document or instrument-number of previously recorded documents:
� il
Daniel L. Seufferlein, Attorney
PURCHASER'S AFFIDAVIT
(For use with property purchased from an inter vivos trust)
RE: see attached Exhibit "A".
STATE OF IOWA, LINN COUNTY, ss:
I, J G s6n Q , as yG of City of Fairfax, being
first duly sworn(or affirmed) under oath depose and state that I am the purchaser of the real
estate described above. The purchaser has relied upon the Affidavit dated the 3" day of
pYu&r( 2015, from William G. Gibney and Jeanne T. Gibney, co-trustees
of The Williain G. and Jeanne T. Gibney Trust, established March 20, 2000. The purchaser has
no notice or knowledge of any adverse claims arising out of the execution and recording of the
deed from the trustee. This Affidavit is given to establish reliance on the Affidavit referred to
above for all purposes contemplated under Iowa Code Section 614.14.
Dated this -2-13 AS
City of Fairfax
By:
J a s o Rabe as Mayor Affiant
F,V--,>
Signed and sworn (or affirmed) bef re me this day of,- i
by ;� as of City of Fairfax.
a
f 5 �
P%At STEPHANIE J MAI *ganature o Notary Public
�° SF Commission Number 728056
zMy ommission Expires
rOWP'
Exhibit "A"
Tfae South 100 feet of Lot 7, Murphy's First Addition to Fairfax, Iowa
And
All Lot 6,Murphy's First Addition to Fairfax, Iowa except that part of Lot 6
described as follows: Beginning at the NW corner of said Lot 6; thence S-ly along
.the west line of said Lot 6, 88.56 feet; thence E-ly along a line parallel to and 88.56
flet South of the North line of said Lot 6, 70 feet; thence N-ly along a line parallel
to and 70 feet East of the West line of said Lot 6, 88.56 feet to the North fine of
said Lot 6; thence W-ly along the North line of said Lot 6, 70 feet to the point of
beginning
PUBLIC HEARING
The City of Fairfax will be holding a public hearing regarding a re-zoning
request for a piece of vacant property adjacent to City Park that the City of Fairfax
recently purchased as shown in the exhibit below from 9RS-Single Family
Residential to CN/Conservation/Public Use during the City Council meeting on
Tuesday, June 9, 2015. The legal description of the property is:
THE SOUTH 100 FEET OF LOT 7, MURPHY'S FIRST ADDITION TO
FAIRFAX, IOWA AND ALL LOT 6, MURPHY'S FIRST ADDITION TO
FAIRFAX, IOWA EXCEPT THAT PART OF LOT 6 DESCRIBED AS
FOLLOWS: BEGINNING AT THE NW CORNER OF SAID LOT 6; THENCE S-
LY ALONG THE WEST LINE OF SAID LOT 6, 88.56 FEET; THENCE E-LY
ALONG A LINE PARALLEL TO AND 88.56 FEET SOUTH OF THE NORTH
LINE OF SAID LOT 65 70 FEET; THENCE N-LY ALONG A LINE PARALLEL
TO AND 70 FEET EAST OF THE WEST LINE OF SAID LOT 6, 88.56 FEET TO
THE NORTH LINE OF SAID LOT 6; THENCE W-LY ALONG THE NORTH
LINE OF SAID LOT 6, 70 FEET TO THE POINT OF BEGINNING.
The meeting is open to the public, is to be held at city hall at 525 Vanderbilt
Street, and will begin at 7:00 PM. If you have any questions, please contact the
city clerk's office at 319-846-2204.
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STATE OF IOWA
Counties of Linn and Johnson ss.
CITY OF FAIRFAX
NOTICE OF PUBLIC HEARING I, Tim McDougall, do state that I am the publisher of
REZONING REQUEST
MAY
TO WHOM IT MAY CONCERN:: THE GAZETTE, a daily newspaper of general
You are hereby notified that a Public
Hearing will be held before the Fairfax circulation In Linn and Johnson Counties, In Iowa.
Planning and Zoning Commission to
consider a rezoning request from the
City of Fairfax to change the zoning The notice, a printed copy of which is attached, was
classification from 9RS-Residential to
CN Conservation/Public Use for the, inserted and published in THE GAZETTE newspaper
'.property owned by the City of Fairfax,
adjacent to City Park at 700 Linn in the issue(s) of May 5, 2015
Street,in Fairfax,Iowa,and described
as follows:
THE SOUTH 100 FEET OF LOT 7,
MURPHYFAIRFAX;SIOWA AND ALLFIRSTILOT ON 6'
ADDITION TO
FAIRFAX>MURPHYS IOWAT EXCEPT THAT
PART OF LOT 6 <DESCRIBED AS
FOLLOWS:BEGINNING AT THE NW
CORNER OF SAID LOT 6;THENCE
S-LY ALONG THE WEST LINE OF
SAID LOT 6,88.56 FEET; THENCE
E-LY ALONG A LINE PARALLEL'
To AND 88.56 FEET SOUTH OF THE The reasonable fee forublishin said notice is $22.01
NORTH LINE OF SAID LOT 6, 70FE ; THENCE N-LY ALONG A
p g
NE
LPARALLEL TO AND 70 FEET
EAST OF THE WEST LINE OF SAID
LOT 6, F S FEET LOT 6;THE NORTH �y� a"
LINE OF SAID LOT 6;THENCE W-' `/Q
LY ALONG THE NORTH LINE OF
SAID LOT 6,70 FEET TO THE POINT
OF BEGINNING.
The said ihearing will be held before the
Fairfax Planning and Zoning Commis
sion at Fairfax City Hall, at 525 Van-
derbilt Street, on Tuesday, May 19,
at 7:00 soon thereafter,at
whit This instrument was acknowledged by Tim
which time andnd Place You may appear
and be heard in regard to said applica-
tion. McDougall before me on May 5, 2015
Cynthia Stimson,City Clerk/Treasurer
Notary Public in and for the State of Iowa
o,�kIA(S DIANE GUST'A
.. COMMISSION NUMBER 753222
My COMMISSION EXPIRES:
/OVVN JUNE 11,2017
STATE OF IOWA
Counties of Linn and Johnson ss.
I, Tim McDougall, do state that I am the publisher of
NOTICE OFPUBuc HEARING THE GAZETTE, a daily newspaper of general
REZONINGREQUEST
R TO WHOM IT MAY CONCERN; circulation in Linn and Johnson Counties, in Iowa.
D You are hereby notified that a Public
Hearing will be held before the Fairfax
Planning and ZoningCommission iG The notice, a printed copy of which is attached, was
' - s
n consider a rezoning request from the
n City of Fairfax to change the zoning inserted and published in THE GAZETTE newspaper
eclassification from 9RS-Residential to
CN Conservation/Public Use for the in the issue(s) of May 5, 2015
Property owned by the City of Fairfax;
adjacent to City Parkat 700 `Linn
_ Street,in Fairfax,Iowa,and described
as'follows:
THE SOUTH 100 FEET OF LOT 7
MURPHY'S FIRST ADDITION f TO,
FAIRFAX, IOWA AND ALL LOT 6.
MURPHY'S'I FIRST ADDITION l TO
S FAIRFAX, 'IOWA EXCEPT THAT
% PART OF LOT 6 DESCRIBED AS
FOLLOWS:BEGINNING AT THE NW
d CORNER OF SAID LOT 6;THENCE t
y S-LY ALONG THE WEST LINE OF Q
SAID OT 6, 8.56 FEET
PATHENCE RALLEL The reasonable fee for publishing said notice is $22.01
E-LYTO AND 88.56 FEET SOUTH OF THE
d NORTH LINE OF SAID LOT 6, 70'
FEET; THENCE N-LY ALONG A
LINE PARALLEL TO AND 70 FEET-
y EAST OF THE WEST LINE OF SAID:
i LOT 6,88.56 FEET TO THE NORTH
LINE OF SAID LOT 6 THENCE W
t LY ALONG THE NORTH LINEOF
SAID LOT 6,70 FEET TO THE POINT.;
OF BEGINNING.
t The said hearing will be held before the
Fairfax Planning and Zoning Commis-
sion
Street; on Tuesday, Mat Fairfax City Hall;at May 19, g y Van-
de525 rbilt This instrument was acknowledged b Tim
e
zoic at 7:00 soon thereafter,at McDougall before me on May 5 2015
which time andnd Place you may appear ,
and be heard in regard to said applica-'
#ion.
Cynthia Stimson,City Clerk/Treasurer �, J
Notary Public in and for the State of Iowa
CPti�A(S DIANE GUSTA
COMMISSION NUMBER 753222
MY COMMISSION EXPIRES:
rows JUNE 11,2017