HomeMy WebLinkAboutJohnson County Recorder 2012Page 1
1 Amended Final Planned Development Plan (OPD) and Regulating Plan for the Peninsula 01/04/12
Neighborhood.
2 Res 12 -9, approving, authorizing and directing the Mayor to sign and the City Clerk to attest 01/13/12
a temporary construction easement agreement by and between the City of Iowa City and
Moka Java LLC.
3 Ord 12 -4461, conditionally rezoning approximately 0.88 acres of property located at 2218 01/13/12
Rochester Avenue, Low Density Single Family Residential (RS -5) to Low Density Multi
Family Residential (RM -12). (REZl1- 00009).
4 Iowa City Board of Adjustment Decision of December 14, 2011 (1) EXCI 1- 00007, extends 01/19/12
the permit to allow a wet -batch concrete manufacturing plant in the General Industrial (I -1)
zone on Independence Road, north of 4201h Street and south of Liberty Drive for 12 months
starting after the conclusion of the pending litigation and any appeals. (2) VARI 1- 00001, denies
a variance to waive the minimum lot area requirements for the establishment of a duplex use in
the RNS -12 zone at 331 North Gilbert Street,
5 Res 11-332, approving an amendment to the subdivider's agreement regarding requirements 01/24/12
for escrow accounts and secondary street access for Saddlebrook Addition, Part 2.
6 Iowa City Board of Adjustment Decision of January 11, 2012 (1) EXCI 1- 00011, approval for 02/27/12
A special exception to allow up to 3 parking spaces in a municipal parking facility to satisfy
The minimum parking requirements for a mixed use building to be constructed in the Central
Business (CB -10) zone at 225 Iowa Ave, subject to conditions.
7 Iowa City Board of Adjustment Decision of February 8, 2012 (1) EXC 12- 00001, approval of 02/27/12
A 6 -month extension of the term.
8 Ord 12 -4463, rezoning approximately 4.3 acres located at 1920 Prairie du Chien Road from 02/28/12
Low Density Single Family Residential (RS -5) to Rural Residential (RR -1).
9 Ord 12 -4467, rezoning approximately 1.25 acres located at 108 McLean from Neighborhood 03/26/12
Stabilization Residential Zone (RNS -20) to Planned Development Overlay/Neighborhood
Stabilization (OPD /RNS -20).
10 Res 12 -94, approving final plat of Mackinaw Village Part Four, Iowa. City, Iowa. 03/26/12
11 Res 12 -95, approving final plat of Brookwood Pointe Second Addition, Iowa City, Iowa. 03/26/12
12 Res 12 -118, approving final plat of the Patel Addition, Iowa City, Iowa. 03/20/12
13 Res 12 -154, approving agreement for private redevelopment by and between the City of Iowa 04/09/12
City, Iowa, and Central Park LLC.
14 Iowa City Board of Adjustment Decision of March 28, 2012 (1) EXC 12- 00002, approval to 04/24/12
reduce the front principal building setback from 19.5 feet to 7 feet to allow a required
parking space to be located along the driveway for a single - family use located in the Low -
Density Single - Family Residential (RS -5) zone at 1215 Pickard Street, subject to conditions.
15 Ord 12 -4478, designating 1.25 -acres of land located at 108 McLean Street as all Iowa City 05/07/12
Historic Landmark.
Page 2
16 Ord 12 -4473, amend the Planned Development Overlay Plan, the Peninsula Neighborhood 5/17/12
Code, and Sensitive Areas Development Plan for the Peninsula Neighborhood Phases 3, 4
and 5 located on Foster Road.
17 Res 12 -235, attest a license agreement between the City of Iowa City and IWireless, LLC 5/18/12
To use certain public rights -of -way for the installation, operation and maintenance of an
Electrical transmission line.
18 Ord 12 -4481, rezoning approximately 2.43 acres of land from Intensive Commercial (CI -1) 5/21/12
To Community Commercial (CC -2) for properties located east of West Side Drive and north
Of Mormon Trek Blvd near its intersection with Hwy 1 West.
19 Res 12 -266, attest a license agreement between the City of Iowa City and Iowa Health 6/13/12
System and Broadband, Inc., to use certain public rights -of -way for the installation,
operation and maintenance of a fiber optic network.
20 Res 12 -275, approving final plat of First American Bank Second Addition, Iowa City, IA. 6/14/12
21 Iowa City Board of Adjustment Decision of April 11, 2012 (1) EXC12- 00003, approval 6/18/12
For a special exception to allow 2 on -site above - ground structured parking spaces and
12 off -site parking spaces in a municipal facility to satisfy the minimum parking requirements
For a mixed -use building to be constructed in the (CB -10) zone at 114 S Dubuque St, subject
To conditions. (2) EXC12- 00005, approval to reduce the minimum aisle requirement from
22 feet to 17 feet to allow minimization of paved surfaces and preserve existing oak trees for
A multi - family use located in the (OPD /RNS -20) zone at 108 McLean Street. (3) EXC12- 00006,
Approval to allow the expansion of an existing drive - through facility at 2440 Mormon Trek Blvd,
Subject to conditions. (4) EXCI 1- 00005, approval to allow an expansion of the existing drive - through
Facility in the (CC -2) zone, at 804 South Riverside Drive, subject to conditions.
22 Iowa City Board of Adjustment Decision of May 9, 2012 (1) EXC12- 00007, approval to allow 6/18/12
A temporary drive - through banking facility at 509 South Dubuque St, subject to conditions.
(2) EXC12- 00008, approval to allow drive - through banking facility at the southeast corner
Of Harrison and Clinton Streets, subject to conditions.
23 Ord 12 -4485, rezoning approximately 1.3 acres of land located south of Harrison Street 6/22/12
Between Clinton and Dubuque Streets from Public (P -1) to Institutional Public /Central
Business Service (P- 2 /CB -2).
24 Res 12 -312, attest the First Amendment to an agreement for the improvement of land for 6/22/12
Private redevelopment by and between the city of Iowa City, Iowa and Marc Moen for
118 East College Street.
25 Iowa City Board of Adjustment Decision of June 11, 2012 (1) EXC12- 00009, approval 7/5/12
To allow the non - conforming use that is located in a structure designed for a use that is
Not allowed in the zone to convert to another non - conforming (Building Trade) use for
Property located in the Medium Density Single - Family (RS -8) zone at 1018 Walnut St
Subject to conditions.
26 Ord 12 -4486, vacating and conveying air rights within the public right -of -way located 8/8/12
Adjacent to the property at 114 S Dubuque St, Iowa City, Iowa.
Page 3
27 Iowa City Board of Adjustment Decision of July 9, 2012 (1) APL12- 00001, motion to overturn 8/20/12
The decision of Iowa City Zoning Official denying a building permit for a wind turbine failed
On a vote of 2 -1. (2) EXC12- 00003, approval to amend a special exception to allow all 14 required
Parking spaces to be provided in a municipal parking facility to satisfy the minimum parking
Requirements for a mixed -use building to be constructed in the CB -10 zone at 114 S Dubuque
Street, subject to conditions.
28 Res 12 -377, a license agreement between the City of Iowa City and West Liberty Telephone Co 8/27/12
To use certain public rights -of -way for the installation, operation and maintenance of a fiber optic
Network.
29 Ord 12 -4489, conditionally rezoning approximately 4.29 acres of land located on Walden Road, 8/28/12
West of Mormon Trek Boulevard from Medium Density Single Family Residential (RS -8) zone
To High Density Single Family Residential (RS -12) zone.
30 Ord 12 -4490, rezoning approximately 2.7 acres of land located north of Benton Street between 9/7/12
George and Streb Streets from Medium - Density Single- Family (RS -8) zone to Overlay Planned
Development Medium - Density Multi - Family (OPD- RM -20) zone.
31 Res 12 -423, attest a parking covenant for 114 South Dubuque Street, Iowa City, Iowa. 9/21/12
32 Res 12 -357, approving final plat of Windsor West —Part Two, Iowa City, Iowa. 10/10/12
33 Iowa City Board of Adjustment Decision of October 10, 2012 (1) EXC12- 00010, approval 10/24/12
to allow a non - conforming use that is located in a structure designed for a use that is not
allowed in the zone to convert to another non - conforming use for property located in the High
Density Multi- Family (RM -44) zone at 518 Bowery St subject to conditions. (2) EXC12 -00011
Approval for a reduction in the front principal building setback from 15 feet to 9 feet 9 inches
in order to allow construction of an 8 foot x 23 foot open -air front porch, subject to conditions.
34 Iowa City Board of Adjustment Decision of September 12, 2012 (1) APL12- 00002, denial
of the request to overturn the decision of the Historic Preservation Commission denying a
Certificate of Appropriateness for the demolition of 11 l and 115 South Governor Street.
35 Ord 12 -4498, rezoning approximately .034 acres located at 518 Bowery St as an Iowa City
Historic Landmark.
36 Res 12 -464, attest a parking covenant for 225 Iowa Avenue, Iowa City, Iowa.
37 Ord #12 -4500, conditionally rezoning approximately 1.38 acres located at 1030 William
Street from Commercial office (CO -1) to Medium - Density Multi- Family (RM -20).
38 Ord #12 -4501, rezoning approximately 1.1 acres located at 2225 Mormon Trek Blvd from
Intensive Commercial (CI -1) to Community Commercial (CC -2).
39 Ord #12 -4502, amend the Planned Development Overlay Medium- Density Single - Family
(OPD -8) plan for Saddlebrook Meadows Part 1 to add a single -story ranch -style house
plan to the previously approved OPD plan for property located at Whispering Meadows
Drive and Pinto Lane.
10/26/12
10/26/12
11/16/12
12/04/12
12/04/12
12/12/12
Page 4
Page # Date
40 Iowa City Board of Adjustment Decision of November 14, 2012 (1) EXC12- 00012, 12/14/12
approves a special exception to reduce the front principal building setback from 20 feet
to 16 feet in order to allow the applicant to construct an open -air front porch for property
located at 1613 Spruce Court, subject to conditions.
41 Res #12 -485, approving final plat of Rochester Ridge Part Three, Iowa City, Iowa. 12/17/12
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Doc ID: 022402810001 Type: GEN
Kind: MISCELLANEOUS
Recorded: 0110412012 at 10:50:47 AN
Fee Amt: $12.00 Pape 1 of 1
'Johnson County Iowa
Kim Painter County Recorder
EK4854 PG914
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STATE OF IOWA )
) SS:
JOHNSON COUNTY)
Iler-
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(319) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
I do hereby certify that the Amended Final Planned Development Plan (OPD) and Regulating
Plan for the Peninsula Neighborhood, attached hereto, is a true and correct copy of the
development plan approved by the City of Iowa City. The City Clerk will file and record this plan
and all necessary documents at the Owner's expense.
Dated at Iowa City, Iowa, this 29th day of December, 2011.
Jeff David on, Director of Planning and
Community Development
PCDlflnal opdh form
Marian K. Karr, City Clerk
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I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached
hereto is a true and correct copy of Resolution No. 12-9 which was passed by the City Council
of Iowa City, Iowa, at a regular meeting held on the 10th day of January, 2012, all as the same
appears of record in my office.
Dated at Iowa City, Iowa, this 12th day of January, • 2012.
e. 9e'rA�
Marian I-Kan•
), `PORATESEALCityClerk
fires
410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 • FAX (319) 356 -5009
2
—MIT-Tr-
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Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139 wmmwwnm�
RESOLUTION NO. 12 -9
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST A TEMPORARY CONSTRUCTION EASEMENT
AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND MOKA JAVA LLC.
WHEREAS, the City of Iowa City is the custodian and trustee of certain real estate known as
Black Hawk Park; and
WHEREAS, Moka Java LLC is the owner of property addressed as 207 E. Washington Street
and legally described as Lot 3 and the east 20' of the north 74' of Lot 4, including that land
described in Book 859 Page 153 and Book 996 Page 428, Block 65, Original Town, Iowa City,
Iowa; and
WHEREAS, Moka Java LLC will be undertaking the replacement of windows at the building
located on their property previously described; and
WHEREAS, Moka Java LLC has requested a Temporary Construction Easement from the City
of City to allow for the placement of scaffolding within Black Hawk Park; and
WHEREAS, a Temporary Construction Easement was previously approved by Resolution #11-
363 on November 22, 2011; and
WHEREAS, due to a delay in the delivery of materials, the contractor was unable to undertake
the installation of the replacement windows during the dates designated in the previously
approved Temporary Construction Easement; and
WHEREAS, Moka Java LLC has requested a new Temporary Construction Easement with
revised dates from the City of City to allow for the placement of scaffolding within Black Hawk
Park; and
WHEREAS, Staff recommends granting this easement according to the terms of the Temporary
Construction Easement attached thereto, as it finds said easement to be a minimal intrusion to
the public's use of Black Hawk Park.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA
THAT:
1. The City Council hereby approves granting Moka Java LLC a temporary construction
easement at Black Hawk Park according to the terms described in the attached Temporary
Construction Easement Agreement.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the attached Temporary
Construction Easement Agreement.
3. The City Clerk is hereby directed to record this Temporary Construction Easement
Agreement with the Johnson County Recorder at Moka Java LLC's expense.
pa
Resolution No
Page 2
12 -9
Passed and approved this 10th day of January , 2011.
EMMORAWFA
ATTEST:
CIT `CLERK
CORPORATE SEAL
Approved by:
,&,.- A W,N TLS
City Attorney's Office �I3'tz
It was moved by champion and seconded by Mims the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x_ Champion
x Dickens
x Dobyns
Hayek
x Mims
x Payne
x Throgmorton
I-
Prepared by: Sara F. Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
This Agreement is made by and between Moka Java LLC, a limited liability corporation,
(hereinafter "Owner "), and the City of Iowa City, Iowa, a municipal corporation (hereinafter "the
City ").
In consideration of their mutual promises herein, Owner and City agree as follows:
City states and covenants that it is the owner of certain real estate known as Black Hawk
Park and legally described as the west 58.5' feet of the north 110' of Lot 4, Block 65,
Original Town, Iowa City, Iowa, by virtue of legal and /or equitable title, that it is lawfully
seized and possessed of said real estate, and that it has good and lawful right to convey
this easement.
2. Owner states and covenants that it is the owner of certain real estate adjacent to Black
Hawk Park, addressed as 207 E. Washington Street and legally described as Lot 3 and
the east 20' of the north 74' of Lot 4, including that land described in Book 859 Page 153
and Book 996 Page 428, Block 65, Original Town, Iowa City, Iowa.
3. City does hereby grant and convey to Owner a temporary construction easement in, over
and across that portion of City's property described and shown in Exhibit A, attached and
incorporated herein [hereinafter "Temporary Easement Area "] for the purpose of facilitating
Owner's window replacement project at 207 E. Washington Street, the granting of which
shall include the right to install and use of scaffolding, and ingress and egress of persons
and equipment to the Temporary Easement Area, as needed to complete said window
replacement project.
4. In consideration of City's permission herein to grant the Temporary Construction
Easement as detailed in Attachments A and B, Owner agrees to secure the construction
site against pedestrian traffic by providing adequate pedestrian passage, adequate
traffic control, and signage, and by securing access to the scaffolding from pedestrians,
thereby ensuring public safety.
5. Owner agrees to provide, keep in place, and maintain in good working condition certain
fencing and signage necessary to do the following:
a. Route pedestrians through or around the closure area as approved by the City
during construction.
b. Provide advance warning.
C. Provide for the orderly, predictable and ADA accessible movement of pedestrian
traffic.
All signage shall be in accordance with the Federal Highway Administration Manual on
Uniform Traffic Control Devices.
6. Owner shall be responsible for the removal, storage, and replacement of items located
within the Temporary Construction Easement which could be damaged during the
window replacement project. Items may include, but are not limited to, planters, tree
grates, benches, electrical services, trees, and brick pavers.
After the window replacement project is complete, Owner agrees to restore any and all
portion of the Temporary Construction Easement area to its original condition, as
determined by the City in its sole discretion. Once the Temporary Construction
Easement Area has been restored to its prior condition, Owner shall have no further
responsibility for maintaining the easement area. City and Owner agree this Temporary
Construction Easement Agreement shall be in effect beginning January 11, 1012 and
end upon substantial completion of the work, but no later than February 3, 2012,
8. Notwithstanding the above, upon receipt of verbal or written notice from the City,
Owner agrees to immediately cease and desist its temporary use and closure of the
Temporary Construction Easement area and to remove any and all obstructions from
said area in the event that Owner breaches this agreement.
9. If Owner fails to remove any obstructions, barricades or signage from the Temporary
Construction Easement area as required in this agreement, the City may remove the
obstructions, barricades or signage, restore the area to its prior condition, and the cost
thereof shall be billed to Owner for payment to City. Upon Owner's failure to pay said
billing, the removal and restoration costs shall be certified to Johnson County as a
statutory lien and assessed against the adjacent property addressed as 207 E.
Washington Street and collected in the same manner as a property tax, as provided in
Section 364,12(2)(e), Iowa Code (2011).
10. Owner agrees to indemnify, defend and hold the City harmless against any and all
claims for bodily injury, death or property damage arising out of its actions and use of
the Temporary Construction Easement area under this agreement, and those of its
contractors, subcontractors, agents, employees and assigns specifically including any
and all claims and /or liabilities which may be alleged against the City as a result of its
decision to allow Owner to temporarily close and /or use the Temporary Construction
Easement area. Owner further agrees to carry Class II liability insurance in the
minimum amounts of $1 million each occurrence, $2 million aggregate bodily injury, and
$500,000 aggregate property damage with contractual liability coverage included.
Owner shall furnish a certificate of insurance evidencing said valid insurance coverage to
City, which certificate must be satisfactory to the City.
9. The provisions hereof shall inure to the benefit of and bind the successors and assigns for
the respective parties hereto, shall be deemed a covenant which runs with the land and
with the title to the land, and may be recorded in the Johnson County Recorder's Office, at
Owner's expense.
2
God @off SIGNED this.
/o
CITY OF IOWA CITY, IOWA
By: AL*qA J4
Matthew J. Hayek, ayor
f6
ATTEST:
Man on-K. Karr, City Clerk
STATE OF IOWA )
)SS:
JOHNSON COUNTY )
day of J�N, 2012.
OWNER
By: A�7-—Lwllz
IV
Approved by: {
City Attorney's Office
This instrument was acknowledged before me or
Sr n ti r (name) as
(company).
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
L1 V' day1ky'\yt1!2a 2012, by
Q\ A,\ A q5 r T (title) of
`1-,� G _-x, . 1�-I_ .
Notary PubffcH4 and for the t to of Iowa
1-I�13
NOTARIAL SEAL
On this JD� day of Jam —, 2012, before me, the undersigned, a Notary Public in
and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to
me personally known, who being duly sworn, did say that they are the Mayor and City Clerk,
respectively of said municipal corporation, executing the foregoing instrument; that the seal affixed
thereto is the seal of said municipal corporation; that said instrument was signed and sealed on
behalf of said municipal corporation by authority of City Council of said municipal corporation; and
that Matthew J. Hayek and Marian K. Karr acknowledged that execution of said instrument to be
the voluntary act and deed of said municipal corporation and by them voluntarily executed.
SONDRAEFORT tS'o.,v,.trta4.
Commission Number 158781
My commisslonExplres Notary Public in and for the State of Iowa
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Nov 04 2011 3.07PN Geopier Foundation Compan 515- 221 -9683 p•2
Greg J. Gear Engineering Phone: 515 -221 -9291
5020 Grand Avenue -West Des Moines, Iowa 50265 Fax: 515 - 221 -9683
November 4, 2011
All American Scaffold
450 58`a Ave. SW
Cedar Rapids, Iowa 52404
Re: Paul Henneh Bldg
Entrance Protection
Iowa City, Iowa
Attn: Bryan Leisure
Mr, Leisure:
I have reviewed the scaffold support over the entrance on the above referenced project, The 2-
F075P frames will be placed 7' -0" apart. The planking over the frames will be 1.75 "x9.5" LVL
laid flat, spanning 7' -0" with' /." Plywood over the LVL's. I understand that this frame is being
used to provide protection from falling objections for people entering the bldg. The work
directlyoverthls area Is the Installation of new windows.
This sidewalk canopy frame can support a 2500ff load falling directly on the scaffold deck. This
loading Is far greater than the weight of the materials being Installed over the entrance.
Based on the above, the sidewalk canopy frame being used Is sufficient to provide protection to
persons entering this building directly under this support frame.
Very truly yours;
J ��
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Greg J, Gear P. E,
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Doc ID: 022410480008 Type: GEN
Kind: ORDINANCE
Recorded:
Fee Amt: $42.00 /Page 1tof2855:11 PM
Johnson County Iowa
Kim Painter County Recorder
BK4857 PG968 -975
rev
STATE OF IOWA )
) SS
JOHNSON COUNTY )
flu,SIB
I City 4P
aka C�
I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is
a true and correct copy of Ordinance No. 12-4461 which was passed by the City Council of Iowa City,
Iowa, at a regular meeting held on the 10th day of January, 2012, is a true and correct copy, all as the
same appears of record in my office.
Dated at Iowa City, Iowa, this 12th day of January, 2012.
CORPORATE SEAL.
Marian Z.--Karr
City Clerk
\ord
410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 • FAX (319) 356 -5009
3
Prepared by: Travis Kraus, Planning Intern, PCD 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251
(REZ11- 00009)
ORDINANCE NO. 12 -4461
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 0.88 ACRES OF PROPERTY
LOCATED AT 2218 ROCHESTER AVENUE, LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS -5)
TO LOW DENSITY MULTI FAMILY RESIDENTIAL (RM -12). (REZ11- 00009)
WHEREAS, the applicant, Apartments Downtown, Inc., has requested a rezoning of property located at
2218 Rochester Avenue from Low Density Single Family Residential (RS -5) to Low Density Multi Family
Residential (RM -12); and
WHEREAS, the Comprehensive Plan indicates that indicates that the property is appropriate for Low to
Medium Density Multi - Family Residential development; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and
determined that it complies with the Comprehensive Plan appropriate vehicle driveway and access, the
addition of a cross access easement, and general conformance with the concept site plan; and
WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs caused by the requested change; and
WHEREAS, the owner and applicant has agreed that the property shall be developed in accordance with
the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate
development in this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property described below is hereby reclassified from its current zoning designation of RS -5 to RM-12:
Auditor's Parcel 2000020, in accordance with Plat thereof recorded in Plat Book 43, at Page 320, of
the Records of the Johnson County Recorder's Office, containing 0.07 Acre,
And Also:
Auditor's Parcel 2000079, in accordance with Plat thereof recorded in Plat Book 43, at Page 321, of
the Records of the Johnson County Recorder's Office, containing 0.81 Acres.
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved bylaw.
SECTION III. CONDITIONAL ZONING AGREEMENT The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner and the City,
following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the 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 VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
�J
Ordinance No. 12 -4461
Page 2
Passed and approved this 10thday of January , 2012. _
MAYOR e�ti %
ATTEST:
CI CLERK
AP Droved by
Cily Attorneys Office
CORPORATE SEAL
lb
Ordinance No. 12 -4461
Page 3
It was moved by Mims and seconded by Dickens that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
_x Champion
_}�_ , Dickens
x— Dobyns
X Hayek
X Mims
Payne X
X Throgmorton
First Consideration 12/6/2011
Vote for passage: AYES: Wilburn, Wright, Bailey, Champion, Dickens, Hayek, Mims.
NAYS: None. ABSENT: None.
Second Consideration .
Vote for passage:
Date published 1/19/2012
Moved by Mims, seconded by Champion, that the rule requiring ordinances to be considered and
voted on for passage at two Council meetings prior to the meeting at which it is to be finally
passed be suspended, the second consideration and vote be waived and the ordinance be voted on
for final passage at this time. AYES: Mims, Throgmorton, Champion, Dickens, Dobyns, Hayek.
NAYS:. None. ABSENT: None. ABSTAIN: Payne
Prepared by: Travis Kraus, Planning Intern, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ11- 00009)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City ") and Apartments Downtown, Inc. (hereinafter "Owner ").
WHEREAS, Owner is the legal title holder of approximately 0.88 acres of property
located at 2218 Rochester Avenue; and
WHEREAS, the Owner has requested the rezoning of said property from Low Density
single Family Residential (RS -5) to Low Density Multi Family Residential (RM -12) zone; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding appropriate vehicle driveway and access, the addition of a cross access
easement, and general conformance with the concept site plan, the requested zoning is
consistent with the Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, the Owner acknowledges that certain conditions and restrictions are
reasonable to ensure the development of the property is consistent with the Comprehensive
Plan and the need for neighborhood compatibility and traffic safety; and
WHEREAS, the Owner agrees to develop this property in accordance with the terms and
conditions of a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Apartments Downtown, Inc. is the legal title holder of the property legally described as:
Auditor's Parcel 2000020, in accordance with Plat thereof Recorded in Plat Book 43, at
Page 320, of the Records of the Johnson County Recorder's Office.
Containing 0.07 Acre.
And Also:
Auditor's Parcel 2000079, in accordance with Plat thereof Recorded in Plat Book 43, at
Page 321, of the Records of the Johnson County Recorder's Office.
Containing 0.81 Acre.
Resultant Rezoning Parcel contains 0.88 Acres_, and is subject to easements and
restrictions of record
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan and the Central district plan. Further, the parties
acknowledge that Iowa Code §414,5 (2011) provides that the City of Iowa City may
impose reasonable conditions on granting an applicant's rezoning request, over and
above the existing regulations, in order to satisfy public needs caused by the requested
ppdadm1a9Vua rezl I- 00909.doc I 3
change.
3. In consideration of the City's rezoning the subject property, Owner agree that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
a. Vehicular access to the multi - family structure shall be provided via Rochester
Avenue, in a location shown on the attached concept site plan, to mitigate traffic
conflicts at the intersection of Rochester Avenue and First Avenue. No vehicular
access shall be provided from First Avenue;
b. Owner shall grant a 25' wide vehicular access easement for the benefit of the
property locally known as 2208 Rochester Avenue in the location shown on the
attached concept site plan;
c. General compliance with the concept site plan attached hereto and made part of
this agreement by this reference.
4. The Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2011), and that said
conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this
Conditional Zoning Agreement.
The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. The Owner acknowledge that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner or Applicant from complying with all other applicable
local, state, and federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this %Oft' day of W y 20 12
CITY OF IOWA CITY
Matthew J. Hayek, Ma
APARTMENTS DOWNTOWN, INC.
O -R
Qy: ,fi &Clark
ppdadm /agVcza rez11 -00009.dx 2 3
Attest:
Marian .. Karr, ,(ity Clerk
CORP ORATE SEAS
Approved by:
City Attorney's Officer -30 �lt
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
a
This instrument was acknowledged before me on "TAUuNgy it) , 201-T by Matthew J.
Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
Sewlna� �..r�b
Notary Public in and for the State of Iowa
(Stamp or Seal) oa""'o SONDRAEFORT
Commission Number 159791
My C mmisslon Expires
Title (and Rank) NoM ow 8 �o
oue.Ld
CORPORATE ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
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i
EMMA J. HARVAT HALL —
MEMBERS PRESENT: Caroline Sheerin, Will Jennings, Adam Plagge, Brock Gr�rlis - -y j
1.171 I'0.
MEMBERS ABSENT: Barbara Eckstein
CD
STAFF PRESENT: Sarah Holecek, Sarah Walz
OTHERS PRESENT: Kevin Hanick, Crissy Canganelli, Judith Pascoe, Claire Sponsler, John
Thomas, Mark Pries, Carolyn Gross
SPECIAL EXCEPTION ITEMS:
EXC11- 00007: A request submitted by Steve Streb for an extension of the expiration date of
the previously approved special exception to permit allow a wet -batch concrete manufacturing
plant in the General Industrial (1 -1) zone on Independence Road, north of 420th Street and south
of Liberty Drive.
The Board concludes that, due to pending litigation, the applicant is not able to begin
construction of the previously approved special exception. For this reason, and because the
applicant has indicated that it may take some time to secure financing for the project, the
Board concludes that the applicant has shown good cause to extend the special exception
for a period of for 12 months starting after the litigation and any appeals are concluded.
Disposition: By a vote of 4 -0 the Board of Adjustment extends the special exception EXC11-
00007 to permit allow a wet -batch concrete manufacturing plant in the General Industrial (1 -1)
zone on Independence Road, north of 4201h Street and south of Liberty Drive for 12 months
starting after the conclusion of the pending litigation and any appeals.
VARIANCE ITEMS:
VAR11- 00001: Public hearing regarding an application submitted by Kevin Hanick for a
variance from the minimum lot area requirements for a duplex in the Neighborhood Stabilization
Residential (RNS -12) zone, located at 331 North Gilbert Street.
The Board acknowledges that conversion to a duplex use may bring the property closer to
compliance in terms of occupancy than its current use as a shelter for 29 roomers. However,
the Board concludes that: 1) the proposed variance may threaten neighborhood integrity by
granting rights that are not permitted to other similarly situated properties, setting the stage
for similar variance requests from other properties in the neighborhood that also do not meet
the current standard for minimum lot area but wish to increase rental opportunity; and 2)that
the proposed variance would not be in harmony with the general purpose and intent of the
Zoning Chapter and would contravene the objectives of the Comprehensive Plan based on
the following factual findings:
In the surrounding neighborhood, properties with lots under 6,000 square feet are
common, especially along the north -south street frontages.
All
�eG 1111101�11111111111111111111111111111111111111111111111111111111111111111111
Doc ID: 022414070003 Type: OEN
Kind: DECISION
.Recorded: 01/19/2012 at 10:51:15 1
Pee Amt: $17.00 Page 1 of 3
Johnson County Iowa
Kim Painter County Recorder
Prepared by Sarah Waiz, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 3191356 -5230 BK 4859 P0257 -25 9
DECISION
IOWA CITY BOARD OF ADJUSTMENT
°.n�
WEDNESDAY, DECEMBER 14, 2011
°°
EMMA J. HARVAT HALL —
MEMBERS PRESENT: Caroline Sheerin, Will Jennings, Adam Plagge, Brock Gr�rlis - -y j
1.171 I'0.
MEMBERS ABSENT: Barbara Eckstein
CD
STAFF PRESENT: Sarah Holecek, Sarah Walz
OTHERS PRESENT: Kevin Hanick, Crissy Canganelli, Judith Pascoe, Claire Sponsler, John
Thomas, Mark Pries, Carolyn Gross
SPECIAL EXCEPTION ITEMS:
EXC11- 00007: A request submitted by Steve Streb for an extension of the expiration date of
the previously approved special exception to permit allow a wet -batch concrete manufacturing
plant in the General Industrial (1 -1) zone on Independence Road, north of 420th Street and south
of Liberty Drive.
The Board concludes that, due to pending litigation, the applicant is not able to begin
construction of the previously approved special exception. For this reason, and because the
applicant has indicated that it may take some time to secure financing for the project, the
Board concludes that the applicant has shown good cause to extend the special exception
for a period of for 12 months starting after the litigation and any appeals are concluded.
Disposition: By a vote of 4 -0 the Board of Adjustment extends the special exception EXC11-
00007 to permit allow a wet -batch concrete manufacturing plant in the General Industrial (1 -1)
zone on Independence Road, north of 4201h Street and south of Liberty Drive for 12 months
starting after the conclusion of the pending litigation and any appeals.
VARIANCE ITEMS:
VAR11- 00001: Public hearing regarding an application submitted by Kevin Hanick for a
variance from the minimum lot area requirements for a duplex in the Neighborhood Stabilization
Residential (RNS -12) zone, located at 331 North Gilbert Street.
The Board acknowledges that conversion to a duplex use may bring the property closer to
compliance in terms of occupancy than its current use as a shelter for 29 roomers. However,
the Board concludes that: 1) the proposed variance may threaten neighborhood integrity by
granting rights that are not permitted to other similarly situated properties, setting the stage
for similar variance requests from other properties in the neighborhood that also do not meet
the current standard for minimum lot area but wish to increase rental opportunity; and 2)that
the proposed variance would not be in harmony with the general purpose and intent of the
Zoning Chapter and would contravene the objectives of the Comprehensive Plan based on
the following factual findings:
In the surrounding neighborhood, properties with lots under 6,000 square feet are
common, especially along the north -south street frontages.
All
• The RNS -12 zone was established in this neighborhood to address conversion of
single - family homes to higher density in areas with small lot sizes.
• Of the twenty -one RNS -12 properties within 300 feet established on lots of less than
6,000 square feet, more than half (eleven) comply with the zoning requirements for
use and occupancy.
• The Comprehensive Plan (Central District Plan) calls for "achieving a healthy
balance of rental and owner occupied housing in the district's older neighborhoods to
promote long -term investment, affordable housing opportunities, and preservation of
historic homes and neighborhoods."
As one of the three prongs of the test for unnecessary hardship, the Board concludes that
the applicant has failed to show that the property in question cannot yield a reasonable
return if used only for purposes allowed in the RNS -12 zone based on the following factual
findings:
• Of the twenty -one RNS -12 properties established on lots of less than 6,000 square
feet located within 300 feet of the subject property, more than half (eleven) comply
with the zoning requirements for use and occupancy, including the properties located
on the adjacent corners of the intersection of Gilbert and Davenport Streets.
• While the property has an assessed value of more than $200,000, no evidence was
presented to show that the assessor inspected the interior of the house, which may
have had the effect of reducing the assessed value.
• The applicant has not had an appraisal of the property to provide. an accurate
assessment of the property's present condition and thus the applicant has failed to
establish what would constitute a reasonable return for the property.
• Anecdotal information presented in the hearing suggests that the local housing
market is somewhat depressed and that, it is not unusual for properties to stay on
the market for some time and to sell for less than the asking price.
Regarding the second prong of the test for unnecessary hardship, that the situation is
unique or peculiar to the property in question and not shared with other landowners in the
neighborhood, the Board acknowledges that the use of the property as a shelter allowing 29
roomers for more than twenty -five years is unusual, and that the shelter use was approved
by the City at the time of its establishment in the early 1980s and supported by the City
through contributions to the shelter's funding during the subsequent years of operation. The
Board also finds that the intensity of the previous use is a condition not shared by other
properties in the neighborhood. However, the board also finds that the use restriction placed
upon the property based on its lot size is not unique to this property and is indeed a
condition shared by a significant number of properties in the immediate area and that more
than half of the properties established on lots less than 6,000 square feet comply with the
current use and occupancy requirements.
As to the third prong of the test for unnecessary hardship, not of the landov .. er's ao'm
making, the Board concludes that the hardship is of the landowner's own making Kgsed df PI
the following facts:
Statements by the applicant and staff indicate that the intensity of the,,"elterjuse
over the course of more than twenty -five years has taken a toll on thee- nditjgn oifj' f�
the property,
e�
k
• The condition of the structure is not reflected in the assessed value of the property;
and
• Both the applicant and staff have indicated that, due to the intensity of the shelter
use and deferred maintenance, substantial renovation is necessary to re- establish
the house as a single - family use.
Disposition: By a vote of 1 -2 (Plagge in favor; Jennings recused) the Board denies a
variance to waive the minimum lot area requirements for the establishment of a duplex use
in the RNS -12 zone at 331 North Gilbert Street.
TIME LIMITATIONS:
All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6)
months from the date they were filed with the City Clerk, unless the Applicant shall have taken action
within such time period to establish the use or construct the improvement authorized under the terms of
the Board's decision. City Code Section 14 -8C -1 E, City of Iowa City, Iowa. ,
l�
Caroline Sheerin, Chairperson
Appr ei y:
City Atto ey' O ce
4J ?
STATE OF IOWA )
JOHNSON COUNTY
I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment
Decision herein is a true and correct copy of the Decision that was passed by the Bold of
Adjustment of Iowa City, Iowa, at its regular meeting on the 14th day of December, 2011, as the
same appears of record in my Office.
Dated at Iowa City, this /70— day of g,�,20_LL
Mari A". Karr, City Clerk
CORPORATE SEAL
Lk
Doc ID: 022417530006 Type: GEN
Kind: AMENDMENT
Recorded: 01/24/2012 at 11:46:60 AM
Fee Amt: $32.00 Page 1 of 6
Johnson County Iowa
Kim Painter County Recorder
BK4860 PG572 -577
STATE OF IOWA )
) SS
JOHNSON COUNTY )
:. ", M
o at
co
I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached
hereto is a true and correct copy of Resolution No.l 1 -332 which was passed by the City Council
of Iowa City, Iowa, at a regular meeting held on the 18°1 day of October, 2011, all as the same
appears of record in my office.
Dated at Iowa City, Iowa, this 23`d day of January, 2012.
Marian I . Ifarr
rr r;5fi. City Clerk
rtes
CORPORATE SEAL.
410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 • FAX (319) 356 -5009
'J
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St, Iowa City, IA 52240; 319- 356 -5240 =J
RESOLUTION NO. 11-332
A RESOLUTION APPROVING AN AMENDMENT TO THE SUBDIVIDER'S AGREEMENT
REGARDING REQUIREMENTS FOR ESCROW ACCOUNTS AND SECONDARY STREET
ACCESS FOR SADDLEBROOK ADDITION PART 2.
WHEREAS, the subdivider, Paddock L.L.C. has requested a second amendment to the
Subdivider's Agreement, Saddlebrook Addition Part 2, Iowa City, Iowa; and
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the amendment and have recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the amendment, after due
deliberation, recommended approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The second amendment to the Subdivider's Agreement, Saddlebrook Addition Part 2,
Iowa City, Iowa, is hereby approved.
2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and
directed, upon approval by the City Attorney, to execute the second amendment to the
Subdivider's Agreement Saddlebrook Addition Part 2, and to certify a copy of this
resolution, which shall be affixed to the second amendment to the Subdivider's Agreement
Saddlebrook Addition Part 2, after passage and approval by law. The City Clerk shall
record the second amendment to the Subdivider's Agreement Saddlebrook Addition, Part
2, at the office of the County Recorder of Johnson County, Iowa at the expense of the
owner /subdivider.
Passed and approved this L8 day of 0,f,he,2011.
CORP E SEAL MAYOR(
Approved by
ATTEST:
CIT LERK City Attorney's Office re1jr 1/
It was moved by 6111 and seconded by Champion the Resolution be
adopted, and upon rgJl -call there were:
AYES:
X
X
X
x
x
X
s \pcd \saddlebrook 2nd amendment.doc
NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
7
Prepared by: Sara Hektoen, Asst. City Attorney, 410 East Washington St., Iowa City, IA 52240; (319) 356-
5030
SECOND AMENDMENT TO SUBDIVIDER'S AGREEMENT
SADDLEBROOK ADDITION, PART 2
(including a resubdivision of Lot 4 of Saddlebrook Addition, Part 1)
WHEREAS, the City of Iowa City ( "City ") and The Paddock, L.L.C. (collectively
"Subdivider ") entered into a Subdivider's Agreement for the above - referenced
subdivision, dated February 6, 2001, which is recorded at Book 3037, Page 322,
et seq., of the records of the Johnson County Recorder ( "Agreement "); and
WHEREAS, on October 3, 2006, the City and Subdivider did agree to an
amendment to said Agreement for the purpose of modifying Subdivider's
obligation regarding secondary vehicular access to the subdivision. Said
Amendment was approved by Council in Resolution 06 -319 and recorded at on
October 6, 2006 in Book 4090, Page 108, et seq., of the records of the Johnson
County Recorder; and
WHEREAS, City Staff has public health and safety concerns regarding the
delayed construction of secondary access to this subdivision; and
WHEREAS, changes to the Planned Development Plan, approved by Ordinance
04 -4108, particularly regarding the development of dwelling units along Heinz
Road, make it no longer necessary for the City to retain a letter of credit to insure
that Subdivider will install the remaining portion of Heinz Road; and
WHEREAS, the City and Subdivider now wish to make a second amendment to
,said Subdivider's Agreement to address these changes in circumstance.
NOW, THEREFORE, for good and valuable consideration, it is hereby
agreed that the Amendment to Subdivider's Agreement, Saddlebrook Addition
Part 2, dated October 3, 2006, and recorded at Book 4090, Page 108 -113, in the
Records of Johnson County, Iowa, Recorder, is hereby revoked and shall have
no further effect.
It is further agreed by the parties that:
1. Section 1, Paragraph A of the Agreement is hereby deleted in its entirety
and replaced with the following:
6
A. Except as allowed pursuant to Section 3 below, the City shall not issue
any building permit on any of the lots in the Subdivision unless and
until public water mains, public sanitary sewers, public storm sewers,
public drainage swales, tile lines and public concrete paving
(collectively "Public Improvements ") have been installed in the
Subdivision as required by the City's Subdivision Ordinance and until
said Public Improvements have been accepted by the City. Heinz
Road shall be paved with concrete at least 31 feet in width, and
Shetland Land and that portion of Mustang Lane east of Heinz Road
shall be paved with concrete at least 28 feet in width.
2. Section 3 of the Agreement is hereby deleted in its entirety and replaced
with the following:
Section 3. Building Permits and Escrow Monies. In the event that the
Subdivider, its assigns or successors in interest, should desire a building
permit for any unit or building that is not adjacent to Heinz Road south of
Shetland Lane before the improvements required in Section IA, IB and IC
have been installed and accepted by the City, the Subdivider, its assigns
or successors in interest, shall deposit with the City Clerk in escrow an
amount equal to 110% of the cost of said improvements as determined by
the City Engineer, except as allowed below.
The public improvements escrow allowed above shall not include the cost
of the public improvements, as determined by the City Engineer, required
to be installed within the Heinz Road right -of -way.
In no event shall a building permit be issued for any unit or building
adjacent to Heinz Road south of Shetland Lane (namely, Building
Numbers 13 -31, as shown on the approved Sensitive Areas site Plan and
Final OPDH, an Amendment to Saddlebrook Addition Part 2- Lots 4 -8)
until such time as the public improvements within the Heinz Road right -of-
way have been installed and accepted by the City.
In addition to the escrow provided above, if Subdivision erosion control
measures have not been installed with ground cover established by
growth, the City may require as a condition to the issuance of the first
building permit for construction of Lot 6 (one deposit required) and the first
building permit for construction on Lots 5, 7 or 8 (one deposit required),
that the Subdivider deposit in escrow with the City the sum of $2,000 to
cover the past or anticipated future cost of cleaning public streets, storm
sewers, gutters or catch basins, the cleaning of which may be
necessitated as a result of erosion from any lot or lots owned by the
Subdivider or its successor in interest. The unused balance of the erosion
cleanup escrow established herein shall be returned to the Subdivider
after erosion control measures have been installed, and ground cover
6
established by growth. If the escrow is insufficient to pay the costs
incurred, the Subdivider shall promptly reimburse the City for the excess
costs incurred. The Subdivider shall be responsible for the costs of such
cleaning and to the extent that the Subdivider fails to accomplish cleanup
after reasonable notice from the City, the City is hereby authorized to do
such work and to charge the cost thereof to the erosion cleanup escrow
established; provided that nothing herein shall be construed as requiring
the City to do such cleanup.
When the foregoing escrow funds have been deposited, the Building
Inspector of the City may issue a building permit accordingly, provided that
the Subdivider complies with all other contractual, statutory and ordinance
requirements and provided that secondary access has been constructed
pursuant to Section 10.A below.
3. Section 10.A of the Amendment to Subdivider's Agreement (which
deleted and replaced Section 10.A of the Agreement), is deleted in its
entirety and replaced with the following:
A. Limitation on Units Pending Secondary Access
The parties hereto acknowledge and agree that secondary access
from Saddlebrook Addition, Part 2 to Whispering Meadows Subdivision,
Part Three via Pinto Lane and Whispering Meadows Drive, as shown on
the Final Plat of Saddlebrook Meadows Part I, recorded in Plat Book 49,
Page 3 in the records of the Johnson County, Iowa Recorder, shall be
constructed prior to issuance of any building permits for new dwelling units
for Saddlebrook Addition, Part 2 requested subsequent to the execution of
this Second Amendment.
4. Section 10.13 of the Agreement is deleted in its entirety.
The Parties acknowledge that the City currently possesses Letter of Credit
No. 549 pursuant to Section 10.13 of the Agreement, issued by MidWestOne
Bank in the amount of $868,864.88 on October 8, 2010. The City hereby agrees
to release and make no attempt to draw monies from said Letter of Credit. The
Parties hereby agree and acknowledge that the City shall have no obligation to
compensate or otherwise reimburse Subdivider for said Letter of Credit.
CITY OF IOWA CITY
THE PADDOCK, L.L.C.
By: Matthew J. Hayek, Mayor By: Ae. 6.J�
Ad
By: riaJ K. Karr, City Clerk
AP rmed By
City Attorno� s KR ldlul j
M
CORPORATE SEAL
6
STATE OF IOWA )
)ss:
JOHNSON COUNTY )
On this 23 `J day of �ANUCE>zr r 2013, before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Matthew
J. Hayek and Marian K. Karr, to me personally known, who being by me duly
sworn, did say that they are the Mayor and City Clerk, respectively, of said
municipal corporation executing the within and foregoing instrument; that the seal
affixed thereto is the seal of said municipal corporation; that said instrument was
signed and sealed on behalf of said municipal corporation by authority of City
Council of said municipal corporation; and that the said Matthew J. Hayek and
Marian K. Karr acknowledged the execution of said instrument to be the voluntary
act and deed and said municipal corporation, by it and by them voluntarily
executed.
172
SONDRAEFORT
° Commisslon Number 159791
My Comin slon Expires
3 470/$
STATE OF IOWA )
) ss:
COUNTY OF JOHNSON )
This instrument was
O 46Ce
.S"dwac
Notary Public in and for the State of Iowa
acknowledged before me on this 1v
20- by 15�� 6-15a
as Manager(s) of The Paddock, L.L.C.
°^ru SONDRAEFORT
�. Commission Number 159791
My Commission E�plres
ow 7 aOr a
day of
and
Sn,.d.� FaGb
Notary Public in and for said State
Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356 -5230
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, JANUARY 11, 2012
EMMA J. HARVAT HALL
n
c'
�
�
MEMBERS PRESENT: Caroline Sheerin, Brock Grenis, Larry Baker
r!i
-�-
U0
e�...n
MEMBERS ABSENT: William Jennings
STAFF PRESENT: Sarah Holecek, Sarah Walz,_,i
t 5
`" s
'•�
OTHERS PRESENTING: None
SPECIAL EXCEPTION ITEMS:
1. EXC11- 00011: An application submitted by Bruegger's Enterprises, Inc., for a special exception to allow
up to three parking spaces for residential uses at 225 Iowa Avenue to be located on a separate lot in a
municipal parking facility in the Central Business (CB -10) zone.
The Board finds that the applicant has submitted the required location plan showing the property
boundaries and distance from the Tower Place parking facility. The Board finds that the applicant is
proposing to build one 2- bedroom apartment and two 1- bedroom apartments, and has requested up to
three (3) spaces for long -term rental in order to satisfy the minimum parking requirements for three
apartment units. The Board finds that all utilities, access roads, drainage and other facilities are in place
to serve the parking facility and the development of the proposed building. The Board finds that all
aspects of the residential development will be reviewed by the Building Official as part of the building
permit process and by Design Review in order to ensure that all aspects of the code not specifically
considered here are in compliance with the zoning code.
The Board concludes that the proposed location for off -site parking is appropriate; that it will not be
detrimental to or endanger the public health, safety, comfort or general welfare; and will not will not
be injurious to the use and enjoyment of other property in the Immediate vicinity and will not
substantially diminish or impair property values in the neighborhood based on the following findings:
• In the CB -10 Zone, up to 100 percent of the required parking number of parking spaces may be
provided in a City -owned parking facility regardless of the distance between the use and the
parking facility.
• The Tower Place Parking Facility provides a total of 511 parking spaces;
• The Tower Place ramp is approximately 223 feet from the proposed dwelling units with sidewalks
and a controlled intersection connecting the two sites.
• The proposed site is in a municipal ramp in which the parking is designed to provide safe vehicle
access, with appropriate ingress and egress to public streets.
• Pedestrian access (sidewalk) is already established between the two sites and the crossing at Iowa
Avenue and Linn Streets is a controlled intersection.
• The ramp is already constructed so there will be no change to the surrounding area.
IIIIIIIIIIIIIIIIIII�IVIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIIIIIIIIIIIIII.
Doc ID: 022445980003 Type: GEN-
Kind: DECISION
Recorded: 02/27/2012 at 09:27:18 AM
Fee Amt: $17.00 Page 1 of 3
Johnson County Iowa
Kim Painter County Recorder
BK4874 PG419 -421 ��
The Board concludes that the establishment of the specific proposed exception will not impede the
normal and orderly development and improvement of the surrounding property for uses permitted in
the zone in which such property Is located, based on the following findings:
• The Director of Transportation Services has reviewed the application and has indicated to staff
that presently there is adequate capacity in the Tower Place Parking Facility to provide the
requested 3 spaces. However, as future parking needs in the Central Business District change,
the Tower Place Parking Facility may not always be able to accommodate the 3 spaces.
Therefore, the Board recommends that the special exception include a provision to allow the
Director of Transportation Services to relocate the 3 permits to other downtown municipal
parking facilities as needed on an annual basis.
• Design Review of the final building plan will ensure that the proposed building is compatible with
the surrounding property.
The Board concludes that the criterion requiring a covenant for off - street parking Is met because the
applicant has agreed to submit the required written agreement as part of the building permit
application. The conditions assigned by the Board will ensure that parking permits are to available serve
the residents of the development.
The Board concludes the proposed use is consistent with the Comprehensive Plan, as amended, based
on the following findings:
• The Comprehensive Plan highlights the need to strike a balance between higher density
residential development in the Downtown Planning District with the needs of parking for
downtown businesses. Council provided further guidance on striking such a balance when it
amended the zoning code in 2009 to establish minimum parking requirements for the CB -10
zone and to allow for a special exception for offsite parking in a municipal ramp.
• The Comprehensive Plan notes the need for an ongoing strategy to address the appearance of
downtown.
DISPOSITION
By a vote of 3 -0 the Board approves EXC11- 00011, an application submitted by Bruegger's Enterprises,
Inc. for a special exception to allow up to 3 parking spaces in a municipal parking facility to satisfy the
minimum parking requirements for a mixed use building to be constructed in the Central Business (CB-
10) zone at 225 Iowa Avenue, subject to the following conditions:
• The applicant must submit the required agreement for off -site parking prior to securing a
building permit. The agreement shall include the following conditions:
o The permits shall only be available to residents of 225 Iowa Avenue at a cost not to
exceed the market rate determined by the Director of Transportation Services at the
time of leasing.
• The property manager must provide the Director of Transportation the name, license
plate number, and address of all permit holders. Permits will only be granted to
residents with the primary address of 225 Iowa Avenue. `J
• The Director of Transportation Services may relocate the permits to andtber, ownt&Wq
municipal parking facility on an annual basis as necessary to accomm6S ate d r and,forn
municipal parking facilities.
The final building plan shall be approved by the Staff Design Review CommittiieC'-
CD
cn
11
TIME LIMITATIONS:
All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6)
months from the date they were filed with the City Clerk, unless the Applicant shall have taken action
within such time period to establish the use or construct the improvement authorized under the terms
of the Board's decision. City Code Section 14- 8C -1E, City of Iowa City, Iowa.
A�toved by644, ".
L �!
Caroline Sheerin , Citairperson `f /
G^
ity Atto ey's ffice
STATE OF IOWA )
)ss:
JOHNSON COUNTY )
I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment
Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of
Iowa City, Iowa, at its regular meeting on the 14th day of December, 2011, as the same appears of
record in my Office.
Dated at Iowa City, this_ c' day of z 2012
Marian K. arr, City Clerk
CM,
r.�
C>
CORPORATE SEAL
u7
CM,
Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356 -5230
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, FEBRUARY 8, 2012
EMMA J. HARVAT HALL
MEMBERS PRESENT: Brock Grenis, William Jennings, Larry Baker
MEMBERS ABSENT: Caroline Sheerin
STAFF PRESENT: Sarah Holecek, Sarah Walz, Andrew Bassman
OTHERS PRESENT: Brian Ramirez
SPECIAL EXCEPTION ITEMS:
1 -ee
Doc ID: 022445970003 Type: GEN
Kind: DECISION
Recorded: 02/27/2012 at 09:24:59 AI
Fee Amt: $17.00 Pape 1 of 3
Johnson County Iowa
Kim Painter County Recorder
eK4874 P416 -418
1. EXC12 -00001 a public hearing regarding an application submitted by New Cingular Wireless PCS
LLC (AT &T) for a special exception to locate a communication transmission facility in the
Neighborhood Public (P -1) zone at 2901 Melrose Ave. (West High School).
The Board finds that the height of the tower is limited to 114 feet by FAA regulation and that the
closest residential zone is located 362 feet from the proposed tower location. The Board finds that the
proposed shelter is located in an area that is not readily visible from adjacent properties or rights of
way. The Board finds that the area where ground equipment will be stored is located behind existing
bleachers and partially concealed by a retaining wall, and that the equipment will be surrounded by
an 8 -foot high chain -link fence with privacy slats. The Board finds that the applicant intends to cover
the enclosure with fence in order to prevent people or trash from getting into the enclosure. The
Board finds that the facility will not be using a backup generator as the principal power source.
The Board concludes that the proposed tower serves an area that cannot be served by an existing
tower on industrial property or by locating antennas on existing structures in the area based on the
following findings:
• The applicant has provided a map showing the clock tower at Walden Square as the only
existing tower within a half -mile radius of the proposed site. However, there are no existing
towers that provide opportunities for co- location and no properties zoned industrial in the
vicinity.
• There is one antenna structure within a .8 -mile radius of the proposed monopole location
listed in the FCC Antenna Structure Registration database. That antenna structure, with a
height of 60 feet, is located at 2576 Westwinds Drive. The applicant stated that the antenna is
not suitable for the applicant's use due to overall height and space constraints in the
structure.
The Board concludes that the proposed tower structure will be constructed in a manner that will
reduce its visual impact on the surrounding area based on the following findings:
• The proposed monopole would be similar in appearance to the existing light poles at the
football field, except it will be 114 feet tall while the current light pole it would replace is
roughly 80 -foot tall.
• The antennas will be flush- mounted to the exterior of the pole at approximately 104 and 109
feet.
• The monopole will not have guywires or support trusses.
7
c;
ry
CZ
1. EXC12 -00001 a public hearing regarding an application submitted by New Cingular Wireless PCS
LLC (AT &T) for a special exception to locate a communication transmission facility in the
Neighborhood Public (P -1) zone at 2901 Melrose Ave. (West High School).
The Board finds that the height of the tower is limited to 114 feet by FAA regulation and that the
closest residential zone is located 362 feet from the proposed tower location. The Board finds that the
proposed shelter is located in an area that is not readily visible from adjacent properties or rights of
way. The Board finds that the area where ground equipment will be stored is located behind existing
bleachers and partially concealed by a retaining wall, and that the equipment will be surrounded by
an 8 -foot high chain -link fence with privacy slats. The Board finds that the applicant intends to cover
the enclosure with fence in order to prevent people or trash from getting into the enclosure. The
Board finds that the facility will not be using a backup generator as the principal power source.
The Board concludes that the proposed tower serves an area that cannot be served by an existing
tower on industrial property or by locating antennas on existing structures in the area based on the
following findings:
• The applicant has provided a map showing the clock tower at Walden Square as the only
existing tower within a half -mile radius of the proposed site. However, there are no existing
towers that provide opportunities for co- location and no properties zoned industrial in the
vicinity.
• There is one antenna structure within a .8 -mile radius of the proposed monopole location
listed in the FCC Antenna Structure Registration database. That antenna structure, with a
height of 60 feet, is located at 2576 Westwinds Drive. The applicant stated that the antenna is
not suitable for the applicant's use due to overall height and space constraints in the
structure.
The Board concludes that the proposed tower structure will be constructed in a manner that will
reduce its visual impact on the surrounding area based on the following findings:
• The proposed monopole would be similar in appearance to the existing light poles at the
football field, except it will be 114 feet tall while the current light pole it would replace is
roughly 80 -foot tall.
• The antennas will be flush- mounted to the exterior of the pole at approximately 104 and 109
feet.
• The monopole will not have guywires or support trusses.
7
Additional lighting is not required by the FAA, thus disturbance to the surrounding
neighborhood is minimized.
The school district will determine the height of the lighting for the football field; the
construction drawings indicate the lighting height and type will match existing lighting around
the football stadium.
• The applicant has provided a simulation of the how the tower would appear in the proposed
location.
The Board concludes that the proposed tower will be no taller than is necessary to provide the service
intended, based on the following findings:
• The applicant has stated that, at 114 feet, the monopole height is the minimum needed to
provide the increased coverage adequately while complying with FAA requirements.
• The applicant has provided maps illustrating radio coverage before installation and after to
help visualize the increased coverage _afforded by the, proposed site.
• The maps show existing gaps in coverage and improved changes in coverage created by the
proposed tower.
The Board concludes that the tower is designed and constructed to accommodate at least two
additional users, and the towerwill not exceed the one hundred fourteen foot (114') height limitation
based on the following findings:
• The applicant has indicated that the monopole is the minimum height required to provide
adequate coverage to the area while complying with FAA requirements.
• The applicant has provided certification by a professional engineer licensed in Iowa that the
proposed tower will be designed to permit two additional antenna systems of comparable
size to be added to the tower immediately below the highest antenna.
Based on the findings given below, the Board finds that the specific proposed exception will not be
detrimental to or endanger the public health, safety, comfort or general welfare; will not be injurious to
the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or
impair property values in the neighborhood; and will not impede the normal and orderly development
and improvement of the surrounding property for uses permitted in the zone in which such property is
located.
• The structure must meet all applicable building, mechanical and firb` odes,lncluding
wind and ice loading requirements for the monopole. "" rn R
• Ground equipment will be housed in a shed surrounded by fencing 6JU''screG�ed ffort'
view of other properties by bleachers, a retaining wall and trees. V- r
• The school district will also be able to use the monopole for athletic;figltl Iighling. U'"t
• The pole will be located more than 300 feet from the nearest residenfial zong,,
The Board finds that an abandonment letter was not provided with the application. To ensure the
provision of the letter or other satisfactory evidence of the applicant's agreement to remove the
monopole and equipment should use of the facility be discontinued, the Board will place a condition
that the letter be provided at the time that the building permit application is submitted. The Board finds
that adequate utilities will be provided to serve the site and access is provided through the school
parking lot and on existing access to the athletic field, and that no drainage issues are present. The
Board finds that the proposed use does not generate vehicle traffic and thus will have no impact on
ingress or egress from West High property. The Board finds that all other aspects of the site must be
compliance with the zoning code and that the applicant must secure a building permit before
constructing the tower.
Disposition: By a vote of 3 -0 the Board approves EXC12- 00001, to allow installation of a privately -
owned communication transmission facility in a public (P -1) zone at 2901 Melrose Avenue (West High
School), subject to the following conditions:
• The applicant must submit a letter or other satisfactory evidence, at the time of application for a
building permit, indicating that all equipment will be removed if the use is discontinued.
• Substantial compliance with the submitted site plan.
• Installation of a fence cover on top of the fenced enclosure.
2. EXC11 -- 00008: A request to extend the term of a special exception to allow a drive - through restaurant in
the Community Commercial (CC -2) zone located at 710 Hwy 1 West, east of Hawk Ridge Drive.
The Board concludes that the applicant has shown good cause for an extension of the term of the special
exception based on the explanation provided by staff that the applicant is pursuing a purchase of the
property, which has been delayed due to issues with the subdivision of the property and that all other
conditions regarding the property and its intended use have not changed.
Disposition: By a vote of 3 -0 the Board approves a 6 -month extension of the term of EXC11- 00008.
TIME LIMITATIONS:
All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6)
months from the date they were filed with the City Clerk, unless the Applicant shall have taken action
within such time period to establish the use or construct the improvement authorized under the terms of
the Board's decision. City Code Section 14 -8C -1 E, City of Iowa City, Iowa.
r
-William Jennjncjy Vice Ctairperson
STATE OF IOWA
pr
I
I
City Attor e *'sffic
)ss:
JOHNSON COUNTY )
I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board oCAdjustm (int Decision
herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa "',�
City, Iowa, at its regular meeting on the 81h day of February, 2012 , as the same appears of'record in -my
Office.
Dated at Iowa City, this day of 20 %9
Marian . Karr, City Clerk
C01 "MRATE SEAL,
v 1 , , .. ._ . . 4 ._,
0
Doc ID: 022447710004 Type: GEN
Kind: ORDINANCE
Recorded: 02/28/2012 at 11:12:04 AM
Fee Amt: $22.00 Pape 1 of 4
Johnson County Iowa
Kim Painter County Recorder
BK4875 PG124 -127
STATE OF IOWA )
) SS
JOHNSON COUNTY )
it
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11 . M11 T
As
'o City or
0 *,4 C 4
I, Marian K. Kan•, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is
a true and correct copy of Ordinance No. 12 -4463 which was passed by the City Council of Iowa City,
Iowa, at a regular meeting held on the 215 day of February, 2012, is a true and correct copy, all as the
same appears of record in my office.
Dated at Iowa City, Iowa, this 271h day of February, 2012.
Marian . Karr
City Clerk
Nord
CORPORATE SEAL
410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 • FAX (319) 356 -5009
t
RA
Prepared by Travis Kraus, Planning Intern, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251
(REZ11- 00019)
ORDINANCE NO. 12 -446 i
ORDINANCE REZONING APPROXIMATELY 4.3 ACRES LOCATED AT 1920 Prairie du Chien Road
FROM Low Density Single Family Residential (RS -5) TO Rural Residential (RR -1). (REZ11- 00019)
WHEREAS, the applicants, Gregory and Lorie Ginneberge, have requested a rezoning of property
located at 1920 Prairie du Chien Road (including the property located at 1880 Prairie du Chien Road) from
Low Density Single Family (RS -5) to Rural Residential(RR -1); and
WHEREAS, the Comprehensive Plan indicates that the property is appropriate as Public /Private Open
Space; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and has
determined that it complies with the Comprehensive plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning
designation of Low Density Single Family (RS -5) to Rural Residential (RR -1):
PARCEL ONE
1920 Prairie Du Chien Road, Iowa City, Iowa, legally described as:
LOT SEVEN (7) IN YODER SUBDIVISION OF PARCEL IN THE SOUTHEAST QUARTER OF SECTION 34,
TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE 5T" P.M., ACCORDING TO THE PLAT THEREOF RECORDED
IN PLAT BOOK 4, PAGE 408, PLAT RECORDS OFJOHNSON COUNTY, IOWA, EXCEPTING FROM SAID LOT 7
ALL THAT PART THEREOF CONDEMNED BYTHE STATE OF IOWA FOR HIGHWAY PURPOSES, AS SHOWN
BY CONDEMNATION PROCEEDINGS RECORDED IN BOOK 254, PAGE 79, IN THE OFFICE OF THE
RECORDER OF JOHNSON COUNTY, IOWA, AND
BEGINNING AT A CONCRETE MONUMENT PURPORTING TO BE THE SOUTHEAST CORNER OF SECTION
34, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE 5TH P.M.; THENCE S 89 °01'E, 12.25 FEET; THENCE
NO-33'W, 337.15 FEET, THENCE N87-32'W 648.7 FEET; THENCE S 4 °41'E, 102.98 FEET; THENCE S
78 °23'W, 45 FEET, THENCE 87 °24'E, 436.75 FEET; S 1.41'W, 268.84 FEET; THENCE S 89.01'E, 246.38
FEET TO THE PLACE OF BEGINNING AND COMPRISING AN AREA OF 2.812 ACRES MORE OR LESS, AND
A PARCEL OF LAND LOCATED IN THE SE X SE X OF SECTION 34, TWP. 80 NORTH, RANGE 6 WEST OF THE
5TH P.M., JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT
THE SE CORNER OF SAID SECTION 34, THENCE WEST 669.0 FEET ALONG THE SOUTH LINE OF SAID
SECTION, THENCE NORTHERLY 54.7 FEETALONG A 573.0 FT. RADIUS CURVE, CONCAVE EASTERLY AND
TANGENT TO THE FOLLOWING COURSE, THENCE N 8.24 Y2'W 114.3 FT., THENCE EAST 51.4 FEET ALONG
GRANTEE'S SOUTH PROPERTY LINE, THENCE S 5 °03'E 103.0 FEET, THENCE S 76 °34 X'W 45.0 FEET TO
THE POINT OF BEGINNING, CONTAINING 0.12 ACRES, MORE OR LESS.
ALL OF THE ABOVE IS SUBJECTTO EASEMENTS, AGREEMENTS, COVENANTS, AND RESTRICTIONS OF
RECORD.
EXCEPTING THEREFROM:
AUDITOR'S PARCEL #2006008 BEING PART OF LOT 7 IN YODER SUBDIVISION AND PART OF LAND
DESCRIBED AS THE WOODBURN PARCEL IN SURVEY RECORDED IN BOOK 8, PAGE 71 IN THE SE X OF
I
Ordinance No. 12 -4463
Page 2
SECTION 34 AND ALSO BEING PART OF THE SW Y4 OF SECTION 35 ALL IN TOWNSHIP 80 NORTH, RANGE 6
WEST OF THE 5T" P.M., IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS:
BEGINNING AT THESE CORNER OF SAID SECTION 34; THENCE S 89 °52'38 "W, 246.31 FEET; THENCE N
00 °41'30 "E, 268.87 FEET; THENCE S 86 °22'17 "W, 436.88 FEET TO THE EASTERLY RIGHT OF WAY LINE OF
PRAIRIE DU CHIEN ROAD; THENCE ALONG SAID RIGHT OF WAY N 07 °40'48 "W, 60.15 FEET; THENCE N
86 °22'17 "E 337.52 FEET, THENCE N 06 °06'43 "W, 135.14 FEET TO THE SOUTHERLY RIGHT OF WAY LINE
OF INTERSTATE 80; THENCE ALONG SAID RIGHT OF WAYS 69 °40'13 "E, 86.54 FEET; THENCE S
87 °56'12 "E, 99.64 FEET, THENCE S 88 °26'25 "E, 182.71 FEET; THENCE S 02 °42'55 "E, 80.84 FEET, THENCE
01 °41'11 "E, 336.71 FEET; THENCE S 89 °40'37 "W, 12.46 FEET TO THE POINT OF BEGINNING. SAID
PARCEL CONTAINS 3.31 ACRES AND IS SUBJECT TO EASEMENTS OF RECORD.
PARCEL TWO
AUDITOR'S PARCEL # 2006008 BEING PART OF LOT 7 IN YODER SUBDIVISION AND PART OF LAND
DESCRIBED AS THE WOODBURN TRACT IN SURVEY RECORDED IN BOOK 8, PAGE 71 IN THE SE 1/4 OF
SECTION 34 AND ALSO BEING PART OF THE SW 1/4 OF SECTION 35 ALL IN TOWNSHIP 80 NORTH, RANGE
6 WEST OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS:
BEGINNING ATTHE SE CORNER OF SAID SECTION 34; THENCE 5 89 °52'38" W, 246.31 FEET; THENCE N
00 °41'30" E, 268.87 FEET; THENCE 5 86 °22'17" W, 436.88 FEET TO THE EASTERLY RIGHT OF WAY LINE
OF PRAIRIE DU CHIEN ROAD; THENCE ALONG SAID RIGHT OF WAY N 07 °40'48" W, 60.15 FEET; THENCE
N 86 °22'17" E, 337.52 FEET; THENCE N 06 °06'43" W, 135.14 FEET TO THE SOUTHERLY RIGHT OF WAY
LINE OF INTERSTATE 80; THENCE ALONG SAID RIGHT OF WAY S 69 °40'13" E, 86.54 FEET; THENCE 5
87 °56'12" E, 99.64 FEET; THENCE S 88 °26'25" E, 182.71 FEET, THENCE S 02 °42'55" E, 80.84 FEET;
THENCE S 01 °41'11" E, 336.71 FEET; THENCE S 89 °40'37" W, 12.46 FEETTO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 3.31 ACRES AND IS SUBJECT TO EASEMENTS OF RECORD.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the
office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY' If any section, provision or part of the 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 VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 21st day of February,2012.
1 .
MAYOR
ATTEST: 9
CIT LERK
proved by
9A a-- Ala,7tm Y h
City Attorney's Office IZ.
CORPORATE SEAL
IN
Ordinance No. 12 -4463
Page 3
It was moved by Mims and seconded by Dickens
Ordinance as read be adopted, and upon roll call there were:
AYES:
x
_x —
x
X
x
NAYS
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
ABSTAIN:
First Consideration 1/10/2012
Vote for passage: AYES: Hayek, Mims, Throgmorton, Champion, Dickens, Dobyns.
NAYS: None. ABSENT: None. ABSTAIN: Payne.
Second Consideration 1/24/2012
Voteforpassage: AYES: Hayek, Mims, Throgmorton, Champion, Dickens, Dobyns.
NAYS: None. ABSENT: None. ABSTAIN: Payne.
Date published
01
STATE OF IOWA )
)SS
JOHNSON COUNTY )
IDOL ID. 022471400064 Type: GEN
Kind: ORDINANCE '
Recorded: 03/26/2012 at 04:26:53 PM
Fee Amt: $42.00 Pape 1 of 4
Johnson County Iowa
Kim Painter County Recorder
131<4885 PG775 -778
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F EE p1� k It., li h
My or
VWN Cr
I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is
a true and correct copy of Ordinance No. 12-4467 which was passed by the City Council of Iowa City,
Iowa, at a regular meeting held on the 20th day of March, 2012, is a true and correct copy, all as the
same appears of record in my office.
Dated at Iowa City, Iowa, this 26th day of March, 2012.
S�
F-1 e- IUe 6 0'-.,� SS Fol),— :0-7 (3•ZL'-jL)
MarianTl . parr
City Clerk
\ord
CORPORATES;
410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 • FAX (319) 356 -5009
Loki
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mmmmmw
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5240 (REZ12-
00002)
ORDINANCE NO. 19-4467
ORDINANCE REZONING APPROXIMATELY 1.25 ACRES LOCATED AT 108 MCLEAN FROM
NEIGHBORHOOD STABILIZATION RESIDENTIAL ZONE (RNS -20) TO PLANNED DEVELOPMENT-
OVERLAY /NEIGHBORHOOD STABILIZATION (OPD /RNS -20). (REZ12- 00002)
WHEREAS, the applicant Parish Apartment LLC, has requested a rezoning of property located at 108
McLean from Neighborhood Stabilization Residential zone (RNS -20) to Planned Development
Overly /Neighborhood Stabilization Residential zone (OPD /RNS -20); and
WHEREAS, the property contains a protected slope with grades exceeding 40% as well as a grove of
oak trees; and
WHEREAS, the applicant is proposing to convert the existing historic structure on the site to 16 one -
bedroom apartments; and
WHEREAS, the applicant is requesting a buffer reduction in order to allow a 12 -space parking area and
dumpster pad within the buffer on the east side of the building and up to 5 additional spaces to the west of
the building; and
WHEREAS the sensitive areas provision of the zoning code allows a buffer reduction if a geologist or
professional engineer demonstrates to the satisfaction of the City that the proposed development activity is
designed to eliminate hazards and will not undermine the stability of the slope or buffer area; and
WHEREAS, the applicant's engineer has submitted a Sensitive Areas Development Plan showing how
the modified site will effectively manage stormwater run -off and control erosion; and
WHEREAS, City Staff have reviewed the proposed plan and believe it will minimize damage to the grove
of trees and will appropriately control stormwater and erosion; and
WHEREAS, the Comprehensive Plan contains policies that encourage the protection of natural features
and the preservation of historic structures; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and has
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning
designation of RNS -20 to OPD /RNS -20:
LEGAL DESCRIPTION
Retracement Plat of Survey Lots 10, 11, & 12 in Block 3 and part of Lot 6 Block 4, Manville Heights
Addition, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 55, at Page
352, in the records of the Johnson County Recorder's Office, containing 1.25 acres, (54,498 square
feet), and subject to easements and restrictions of record.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and Sensitive Areas
Development Plan and to record the same, at the office of the County Recorder of Johnson County, Iowa, at
the owner's expense, all as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
Ordinance No. 12 -4467
Page 2
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 VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 20th day of March, 2012.
MAYOR Pro to
ATTEST: �
CI CLERK
Approved by
Jam
City Attorney's Office a a�� It 2-
M
Ordinance No. 12 -4467
Page 3
It was moved by Champion and seconded by Dickens that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 3/6/2012 _
Vote for passage: AYES: Hayek, Mims, Payne, Tn{rogmorton, Champion, Dickens,
Dobyns. NAYS: Nane. ABSENT: None.
Second Consideration _
Vote for passage:
Date published 3/29/2012
Moved by Champion, seconded by Throgmorton, that the rule requiring ordinances to be considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be finally
passed be suspended, the second consideration and vote be waived and the ordinance be voted upon
for final passage at this time. AYES: Dobyns, Mims, Payne, Throgmorton, Champion, Dickens.
NAYS: None. ABSENT: Hayek.
_1
I
1 •1_
Doc Dsv "022471350033 Toe:, OEN '
Kind: SUBDIVISION
Recorded:
Fee Amt: $167.002 Page a '38 PM
I of 33
Johnson County Iowa
Kim Painter CountV Recorder
BK4885 P0718 -750
STATE OF IOWA )
) SS
JOHNSON COUNTY )
1 � 1
�Wo lmPq
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(319) 156 -5000
(319) 356 -5009 FAX
www. I CgoV. org
-1 I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached
hereto is a true and correct copy of Resolution No.12 -94, which was passed by the City Council of
Iowa City, Iowa, at a regular meeting held on the 6th day of March, 2012, all as the same appears of
record in my office. Also attached are the final legal documents for Mackinaw Village — Part 4,
Iowa City, Iowa as follows:
NI
1.
Owners Certificate and Dedication
2.
Subdivider's Agreement
J
3.
Opinion of Attorney
4.
Certificate of County Treasurer
5.
Certificate of County Auditor
h
6.
Consent of Mortgagee (Cedar Rapids Bank & Trust)
1
7.
Underground Utility Easement
AL
8.
Storm Sewer & Drainage Easement Agreement
e11
9.
Trail Easement Agreement
10.
Sanitary Sewer Easement Agreement
11.
Water Main Easement Agreement
C.
Dated at Iowa City, Iowa, this V day of lVlnr 2012.
Marian .Kan
City Clerk
> Vpse subdivision
GJRPORATE SEAL
M
5e
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5240 (SUB11- 00018)
RESOLUTION NO. 12 -94
RESOLUTION APPROVING FINAL PLAT OF
MACKINAW VILLAGE PART FOUR, IOWA CITY, IOWA.
WHEREAS, the owner, Mackinaw Village, LC, filed with the City Clerk the final plat of Mackinaw
Village Part Four, Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson
County, Iowa, to wit:
Auditor's Parcel 2010057, in accordance with the Plat thereof Recorded in Plat
Book 55, at Page 81, of the Records of the Johnson County Recorder's Office,
being a Portion of Government Lot 2 of Section 4, Township 79 North, Range 6
West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa. Said
Auditor's Parcel 2010057 contains 3.84 Acres, and is subject to easements and
restrictions of Record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with the
free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(2011) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The said final plat and subdivision located on the above - described real estate be and the
same are hereby approved.
2. The City accepts the dedication of the streets and easements as provided by law and
specifically sets aside portions of the dedicated land, namely streets, as not being open for
public access at the time of recording for public safety reasons.
3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said
subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after
passage and approval by law. The City Clerk shall record the legal documents and the plat at
the office of the County Recorder of Johnson County, Iowa at the expense of the
owner /subdivider.
ON
Resolution No. 12 -94
Page 2
Passed and approved this 6th day of March '2012
ATTEST: / i� ?i� '4� - 7VZ&
CITY CLERK
It was moved by Mims
adopted, and upon roll call there were:
AYES:
x
-x_
x
x
x
x
x-
Aoa —V l'�x
MAYOR
Approved by
City Attorney's Oice � a N
Off -
and seconded by Payne the Resolution be
NAYS:
ABSENT:
Dobyns
Champion
Dickens
Hayek
Mims
Payne
Throgmorton
pcdRemplates)Final Plal - ResolulionAmdoc I O
OWNER'S CERTIFICATE AND DEDICATION
MACKINAW VILLAGE — PART FOUR
KNOW ALL MEN BY THESE PRESENTS:
Mackinaw Village, LC does hereby certify and state that it is the owner and
proprietor of the following described real estate situation in Johnson County, Iowa,
to -wit:
See Exhibit "A"
Mackinaw Village, LC does further state that the subdivision of said real
estate as it appears on the Final Plat of Mackinaw Village — Part Four to which
this certification and dedication is attached, is with its free consent and in
accordance with the desire of said proprietor.
The street and easements in the subdivision, hereinafter known and
designated as Mackinaw Village — Part Four, Iowa City, Iowa, are hereby
dedicated to the public, as provided by Chapter 354 of the 2011 Code of Iowa,
as amended.
IN WITNESS WHEREOF, the proprietors have caused these presents to
be signed on this / day of March, 2012.
MACKINAW VILLAGE, L.C.
By:
Darryl T. High, Manager
STATE OF IOWA
) ss:
COUNTY OF JOHNSON )
This instrument was acknowledged before me on this W day of
March, 2012 by Darryl T. High, as Manager of ackinaw i lage, .C.
-
lKERRY PEYTON A Commission Number 712701 Notary Publi in and f r said State
My commis @fort Expires
V11, Seplember 8, 2012
(01170717.DOC)
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EXHIBIT "A"
Legal Description
Mackinaw Village — Part Four
Auditor's Parcel 2010057, in accordance with the Plat thereof Recorded in Plat
Book 55, at Page 81, of the Records of the Johnson County Recorder's Office,
being a Portion of Government Lot 2 of Section 4, Township 79 North, Range 6
West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa. Said
Auditor's Parcel 2010057 contains 3.84 Acres, and is subject to easements and
restrictions of Record.
{01170717.noC)
10
Prepared by and after Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511
recording return to: Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560
SUBDIVIDER'S AGREEMENT
MACKINAW VILLAGE — PART FOUR
IOWA CITY, IOWA
THIS AGREEMENT made by and between Mackinaw Village, L.C., hereinafter
referred to as "Subdivider', and the City of Iowa City, Iowa, a municipal corporation,
hereinafter referred to as the "City".
WITNESSETH
IT IS, THEREFORE, HEREBY AGREED AS FOLLOWS:
Section 1. Public Improvements.
In consideration of the City approving the plat of Mackinaw Village — Part Four,
Iowa City, Iowa, an addition to the City of Iowa City, Iowa, the Subdivider agrees, as a
covenant running with the land that, except as provided in this Agreement, the City
shall not issue any building permit on any lots in said subdivision unless and until
Subdivider installs and City accepts the following improvements:
(a) Concrete paving at least 28 feet in width on Sugar Loaf Circle.
(b) Water mains, storm sewers, tile lines and sanitary sewers as required by
the City.
(c) Subdivision erosion control measures as required by the City under its
ordinances.
(d) Concrete trail four feet (4) in width within the Trial Easement shown on
Lots 89 and 90, said trail to be constructed in accordance with the plans and
specifications approved by the City Engineer.
(01170706.000)
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(e) A four (4) foot wide sidewalk along the Sugar Loaf Circle frontage of
Outlot B of Mackinaw Village — Part Two (between Lot 96 and 97).
The paving, storm sewers, tile lines, water mains, sanitary sewers and trail are
hereinafter referred to as "Improvements."
Nothing in this Agreement shall be construed to impose a requirement on the
City to install the original public improvements at issue herein. Nor shall the Subdivider
be deemed acting as the City's agent during the original construction and installation of
said Improvements. The parties agree that the obligation to install the Public
Improvement(s) herein shall be in accordance with City specifications, and the
obligation shall remain on the Subdivider until completion by the Subdivider, and until
acceptance by the City, as provided by law.
Section 2. Construction of Improvements.
The Improvements described in Section 1 of this Agreement shall be
constructed and installed by the Subdivider according to plans and specifications
approved by the City Engineer of the City of Iowa City, who shall have the right to
make occasional inspection of the work in progress. Such inspections shall not relieve
or release the Subdivider from its responsibility to construct said Improvements in
accordance with the approved plans and specifications. Further, said inspections shall
not create a duty or warranty on the part of the City that the construction of said
Improvements are in compliance with said plans and specifications.
Section 3. Sidewalks.
The Subdivider agrees to install sidewalks adjacent to Sugar Loaf Circle. Said
sidewalks shall be at least four (4) feet in width, and shall be constructed according to
plans and specifications approved by the City Engineer and as per Section 15 -3 -3; 16-
1C- 1,2,3; 16 -4 -1, of the Iowa City Code of Ordinances. Except as provided below,
sidewalks shall be installed adjacent to each lot prior to the issuance of an occupancy
permit for a building constructed on any lot in the subdivision and shall remain a lien on
said lots until installed and released by the City and the release duly recorded in the
Johnson County Recorder's Office as required by Section 14 -7A -6 subparagraph 6(B),
Iowa City Code of Ordinances. The sidewalk along the Sugar Loaf Circle frontage of
Outlot B of Mackinaw Village — Part 2 between Lots 96 and 97 shall be installed
concurrently with the construction of Sugar Loaf Circle. The obligation to install
sidewalks pursuant to the Subdivider's Agreement for Mackinaw Village — Part Two is
no longer a lien against the Real Estate.
Section 4. Building. Permits and Escrow Monies.
If the Subdivider should desire a building permit for a building on any lot in said
subdivision before the Improvements have been installed, the Subdivider shall deposit
with the Department of Housing and Inspection Services, in escrow, an amount equal
to the estimated cost of constructing said Improvements plus ten percent (10 %) thereof
(hereinafter "Improvements Escrow "). The City Engineer shall determine the amount
(01170706.DOC)
)d
-3-
of the escrow which shall be collected for each building permit issued prior to the
installation of the Improvements.
In addition to the Improvements Escrow, if Subdivision Erosion Control
measures have not been installed, with ground cover established by growth, the City
may require, as a condition to the issuance of the first building permit for construction
with the subdivision, that the Subdivider deposit in escrow with the City the sum of
$2,000.00 (the "Erosion Clean -up Escrow) to assure reimbursement for the cost of
cleaning public streets, storm sewers, gutters or catch basins, which may be incurred
by the City as a result of erosion from any lot in the Subdivision. The Subdivider shall
be responsible for the cost of any such clean -up; and to the extent that the Subdivider
fails to accomplish erosion clean -up after reasonable notice from the City, the City is
hereby authorized but not obligated to do the work and to charge the cost thereof to
the Erosion Clean -up Escrow, if adequate, and to charge any excess costs to the
Subdivider. If the Erosion Clean -up Escrow is insufficient to pay the costs incurred by
the City, the Subdivider shall promptly reimburse the City for the excess costs incurred.
The unused balance of the Erosion Clean -up Escrow shall be returned to the
Subdivider after erosion control measures have been installed, and ground cover has
been established by growth.
After the Erosion Clean -up and Improvements Escrows have been established,
the Building Inspector of the City is authorized to issue a building permit, if the
applicant is in compliance with all other applicable requirements and ordinances of the
City.
Section 5. Occupancy Permit.
Prior to the issuance of an occupancy permit for any structure erected pursuant
to Section 4, the City in its discretion may require the Subdivider, its assigns or
successors in interest, to construct and install the Improvements as stated in Section 1
and the sidewalks as stated in Section 3.
Section 6. Use of Escrow Monies.
If, after the issuance of an occupancy permit, the Improvements have not been
constructed and installed, the City may use funds deposited in the Improvements
Escrow to construct and install such Improvements. If the cost of the construction and
installation of said Improvements exceeds the amount of said escrows, the City shall
have a lien and charge against all the lots in the subdivision for the balance of the cost.
After the construction and installation of the Improvements, the City shall refund
to the Subdivider any Improvements Escrow monies not used by the City for the
construction and installation of such Improvements.
Section 7. Waiver.
If the Subdivider, its assigns or successors in interest, sells or conveys lots in
the Subdivision without first constructing or installing the required Improvements or
(01170706.00c)
10
sidewalks, the City shall have the right to install and construct said Improvements, or
sidewalks. Subdivider acknowledges and agrees that all lots in the subdivision are
specifically benefited by the Improvements, so the cost of installing and constructing
Improvements shall be a lien and charge against all the lots in the subdivision under
Chapter 384 of the 2011 Code of Iowa, as amended. Further, the cost of such
Improvements need not meet the requirements of notice, benefit or value as provided
by the law of the State of Iowa for assessing such Improvements. The cost of
installing the sidewalks shall remain a lien against the abutting lot or lots in the
subdivision. It is further agreed that this requirement to construct said Improvements
and sidewalks is and shall remain a lien from date of execution and recording of this
agreement until properly released, as hereinafter provided.
Section 8. Release.
The City agrees that when the Improvements have been installed as required to
the satisfaction of the City, the City will, upon request, promptly issue to the Subdivider,
for recording in the Office of the Johnson County Recorder, a good and sufficient
release for the lots in the subdivision so that this Agreement will not constitute a cloud
upon the title of the lots in the subdivision. The Iowa City Mayor and City Clerk are
hereby authorized to execute said release, and all other necessary and appropriate
releases, with the concurrence of the City Attorney and City Engineer. A separate
sidewalk lien release will be issued where appropriate as set forth in Section 3. This
section also authorizes the execution of one or more limited release agreements,
based on the escrows for improvements as contemplated by Section 4 above and as
may be acceptable to the City.
Section 9. Street Maintenance and Public Services.
The Subdivider agrees that public services, including but not limited to street
maintenance, snow removal, and solid waste collection, will not be extended to the
subdivision until Sugar Loaf Circle is installed and accepted by the City.
Section 10. Neighborhood Open Space.
The City's Neighborhood Open Space Ordinance requirement for this
subdivision was previously satisfied by the dedication of Outlot C, Mackinaw Village
— Part Two to the City.
Section 11. Tree Protection Plan and Sensitive Areas Development Plan.
(a) A Tree Protection Plan and Sensitive Areas Development Plan for this
subdivision have been approved by the City and recorded with the Johnson County
Recorder. Tree removal shall not be allowed beyond the "Construction Limits" line
as depicted on the Final Plat.
(b) No construction activity shall occur beyond the "Construction Limits"
line as depicted on the Final Plat.
(01170706.DOC)
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Section 12. Miscellaneous.
(a) All electrical, telephone and cable television service and distribution lines
shall be installed underground.
(b) Lots 89 and 90 shall not have direct vehicular access to Foster Road.
(c) The Subdivider and /or its successors in interest, which may be a
homeowner's association, shall have the obligation to maintain the trail within Lots 89
and 90. If the Subdivider or Subdivider's successors in interest fail to meet said
maintenance obligations in accordance with this agreement, the City shall have the
right to perform said maintenance. Subdivider acknowledges and agrees that all lots
in the Subdivision are specifically benefited by the trail, so that the cost of said
maintenance by the City shall be a lien and charge against all of the lots in the
Subdivision. The cost of said maintenance need not meet the requirements of
notice, benefit or value as provided by the law of the State of Iowa for assessing
such improvements.
(d) There shall be no separate water main tap -on fee for this subdivision.
Subdivider has previously paid the water main tap -on fee in connection with the final
platting for Mackinaw Village — Part Two.
(e) Plat notes and surveyor's notes on plats serve to provide notice of how
a subdivision is expected to develop. Said notes are not intended to create any
vested private interest in any stated use restriction or covenant, or create any third
party beneficiaries to any noted use restriction or covenant. The City reserves the
right, in its sole discretion, subject to any applicable public notice and approval
process required by law, to alter or amend any plat note, or to sell or vacate any
right -of -way, street, alley, park, easement, open area or other land set apart and
dedicated for public use within the plat. The City further reserves the right, upon
request of the owner or successor in interest, to vacate the plat and /or relocate any
easement, alter lot boundaries or allow said land to be replatted subject to any
applicable public notice and approval process required by law.
(f) Storm water detention shall not be required for this subdivision.
(g) Lots 88, 89, 90 and 91 shall have minimum low opening elevations as
noted on the Final Plat.
(h) As indicated on the Sensitive Areas Development Plan for this
subdivision, development of Lots 84 -87, and 95 -99 shall be done in such a manner
that the garages do not dominate the streetscape, but rather are recessed from the
front fagade.
Section 13. Binding Effect.
This agreement shall inure to the benefit and bind the successors and assigns
of the respective parties hereto and shall be construed as a covenant running with the
title to the lots within the subdivision.
{01170706.DOC}
10
M2
Sk
Dated this day of March, 2012.
MACKINAW VILLAGE, L.C.
By
Darryff-Hibfi,,A Aanager
CITY OF IOWA CITY, IOWA
By: A
Matthew J. Hayek, Mayor
ATTEST:
By: a4et� e, IW�
Maria K. Karr, City Clerk
STATE OF IOWA, COUNTY OF JOHNSON) ss:
This instrument was acknowledged before me on this day of March,
2012, by Darryl T. High as Manager of Mackinaw illage, L.0
KERRYPEYTON
Commieslon Number 742701
My Commission EKplres Notary Public 0 and for said State
/OWN September S. 2012
STATE OF IOWA, COUNTY OF JOHNSON) ss:
On this f, day of March, 2012 before me, the undersigned, a Notary Public
in and for said County and State, personally appeared Matthew J. Hayek and Marian
K. Karr, to me personally known, who being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal
corporation; that the seal affixed to the foregoing instrument is the corporate seal of the
corporation, and the instrument was signed and sealed on behalf of the corporation by
authority of its City Council, and the said Mayor and City Clerk did acknowledge the
execution of the instrument to be their voluntary act and deed and the voluntary act
and deed of the corporation, by it voluntarily executed.
jjSONDRAE FORT
ommissJon Number 159791
My COmmisslon EX11res ao
Notary Public in and for said State
(0117070030C)
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OPINION OF ATTORNEY
MACKINAW VILLAGE — PART FOUR
IOWA CITY, IOWA
I, Michael J. Pugh, a regular practicing attorney in Iowa City, Johnson
County, Iowa, do hereby certify that I have examined an Abstract of Title to the
following described real estate, to -wit:
See Exhibit "A"
It is hereby certified that fee simple title to said property, to become known
as Mackinaw Village — Part Four is in Mackinaw Village, L.C., free and clear of all
liens and encumbrances except the following:
A. A mortgage in favor of Cedar Rapids Bank and Trust, which
mortgage is dated September 8, 2010 and was recorded September 9, 2010 in
Book 4646, Page 922, of the Records of the Recorder of Johnson County, Iowa.
B. A mortgage in favor of Cedar Rapids Bank and Trust, which
mortgage is dated September 8, 2010 and was recorded November 22, 2010 in
Book 4684, Page 592, of the Records of the Recorder of Johnson County, Iowa.
Dated at Iowa City, Iowa, this i S¢ day of March, 2012.
Michael J. Pugh V
Bradley & Riley PC
Tower Place
One South Gilbert Street
Iowa City, IA 52240
(01170712.DOC)
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EXHIBIT "A"
Legal Description
Mackinaw Village — Part Four
Auditor's Parcel 2010057, in accordance with the Plat thereof Recorded in Plat
Book 55, at Page 81, of the Records of the Johnson County Recorder's Office,
being a Portion of Government Lot 2 of Section 4, Township 79 North, Range 6
West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa. Said
Auditor's Parcel 2010057 contains 3.84 Acres, and is subject to easements and
restrictions of Record.
(01170712.DOC)
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CERTIFICATE OF COUNTY TREASURER
MACKINAW VILLAGE - PART FOUR
IOWA CITY, IOWA
I, the undersigned, Treasurer of Johnson County, Iowa or deputy thereof, hereby
certify that the following described property, also known as Mackinaw Village - Part
Four, is free from taxes or special assessments in the office of the Treasurer of Johnson
County, Iowa:
See Exhibit "A ".
s�-
Dated at Iowa City, Iowa this ! day of .2012.
Thomas L. Kriz, Treasv-rof /
Johnson County, Iowa
Parcel No. 1004280012
(01170728.DOC)
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EXHIBIT "A"
Legal Description
Mackinaw Village — Part Four
Auditor's Parcel 2010057, in accordance with the Plat thereof Recorded in Plat Book 55,
at Page 81, of the Records of the Johnson County Recorder's Office, being a Portion of
Government Lot 2 of Section 4, Township 79 North, Range 6 West, of the Fifth Principal
Meridian, Iowa City, Johnson County, Iowa. Said Auditor's Parcel 2010057 contains
3.84 Acres, and is subject to easements and restrictions of Record.
(0) 170728.DOC)
10
CERTIFICATE OF COUNTY AUDITOR
MACKINAW VILLAGE — PART FOUR
IOWA CITY, IOWA
I, Tom Slockett, the Johnson County Auditor, hereby approve of Mackinaw
Village — Part Four as a succinct and unique name for the subdivision containing the
following described real estate located in Johnson County, Iowa:
See Exhibit "A ".
Tom Slockett, Johnson County Auditor
%-I
Date
(01170729. DOC) I 0
EXHIBIT "A"
Legal Description
Mackinaw Village — Part Four
Auditor's Parcel 2010057, in accordance with the Plat thereof Recorded in Plat Book 55,
at Page 81, of the Records of the Johnson County Recorder's Office, being a Portion of
Government Lot 2 of Section 4, Township 79 North, Range 6 West, of the Fifth Principal
Meridian, Iowa City, Johnson County, Iowa. Said Auditor's Parcel 2010057 contains
3.84 Acres, and is subject to easements and restrictions of Record.
(01 170729.DOC) 0
I
CONSENT OF MORTGAGEE
TO SUBDIVISION
MACKINAW VILLAGE — PART FOUR
IOWA CITY, IOWA
The undersigned, Cedar Rapids Bank and Trust is the Mortgagee of
Mortgages from the following:
A. Mackinaw Village, L.C., dated September 8, 2010 and was recorded
September 9, 2010 in Book 4646, Page 922, of the Records of the Recorder of Johnson
County, Iowa. .
B. Mackinaw Village, L.C., dated September 8, 2010 and was recorded
November 22, 2010 in Book 4684, Page 592, of the Records of the Recorder of Johnson
County, Iowa.
Said Mortgages record therein that property to be designated as Mackinaw Village —
Part Four, and legally described on the attached Exhibit "A ".
That the undersigned Mortgagee, pursuant to the provisions of Chapter 354, Code
of Iowa, does hereby consent to the platting of this subdivision by Mackinaw Village, L.C.
and does hereby release from said mortgages all streets, easements, outlots or other
areas to be conveyed or dedicated to the City of Iowa City, Iowa.
s'L
Dated this / day of March, 2012.
CEDAR RAPIDS BANK AND TRUST
By:
STATE OF IOWA, LINN COUNTY) ss:
This instrument was acknowledged before me on this s/ day of March, 2012, by
614 .� . AIF-ckl�rc as SCR >!'« f"I S, A-4- of Cedar Rapids Bank And Trust.
4� s� DAWN P. BARRETT
Commission Number 186902
3dy Commissl Expires
./.P.:: -g2L
(01170714.130C)
FIX 111 z
1 14
ON Remnall Is W-11F. 31". Is
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EXHIBIT "A"
Legal Description
Mackinaw Village — Part Four
Auditor's Parcel 2010057, in accordance with the Plat thereof Recorded in Plat Book 55, at
Page 81, of the Records of the Johnson County Recorder's Office, being a Portion of
Government Lot 2 of Section 4, Township 79 North, Range 6 West, of the Fifth Principal
Meridian, Iowa City, Johnson County, Iowa. Said Auditor's Parcel 2010057 contains 3.84
Acres, and is subject to easements and restrictions of Record.
(01170714.Doc)
1p
Prepared by and after Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511
recording return to: Bradley R Riley PC Iowa City, IA 52240 FAX (319) 358 -5560
UNDERGROUND UTILITY EASEMENT
MACKINAW VILLAGE — PART FOUR
In consideration of the approval of the Final Plat of Mackinaw Village — Part Four, Iowa
City, Iowa, the undersigned owner (hereinafter "Grantor") hereby grants to
MidAmerican Energy Co., Centurylink, Inc. and Mediacom, and their successors
(hereinafter collectively "Grantees "), a perpetual easement upon, over, under, along
and across the areas designated on the Final Plat of Mackinaw Village — Part Four,
Iowa City, Iowa, as "15.0 Utility Easement ", as located within the Subdivision.
The Grantees of this easement shall have the right to install, lay, construct,
reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines
below the.surface of the ground, and other equipment or appurtenances above the
surface of the ground as may be necessary for the purpose of serving the Subdivision
and other property with electricity, gas, and communication service; the right to trim,
cut down and remove such trees, brush, saplings and bushes as may interfere with the
proper construction, maintenance, operation or removal of said facilities, equipment
and appurtenances; and the right of ingress and egress for all of the purposes
aforesaid. Grantees shall promptly backfill any trench made by them, and repair any
damages caused by them within the easement areas.
Grantor, its successors in interest and assigns, reserves the right to use said
easement areas for purposes which will not interfere with the Grantee's full enjoyment
of rights hereby granted; provided that Grantor shall not erect or construct any
reservoir, retaining wall, fence, or other obstruction on said areas, or diminish or
substantially add to the ground cover over said easement areas.
No permanent dwellings or trees shall be placed on the areas so designated for
utility easement but, with advance written authorization from the Grantee's
representatives, the same may be used for gardens, shrubs, minor landscaping and
other purposes that do not then or later interfere with the aforesaid uses or the rights
{01170710.DOC)
to
-2-
herein granted. Grantee's rights, however, include the right to remove and/or clear
away any such gardens, shrubs, minor landscaping, bushes and plantings within the
easement area without compensation to Grantor or its successor in interest.
Dated this / 4- day of March, 2012,
MACKINAW VILLAGE, L.C.
Qy.
Darryl T. High, Manager
STATE OF IOWA )
) ss:
COUNTY OF JOHNSON )
This instrument was acknowledged before me on this day of March,
2012 by Darryl T. High, Manager of Mackinaw Village, L.C.
Ou KERRYPEYTON awj_�--
p Commission Number 742701 Notary Public inUand for said State
b� My Commission Expires
/Qwf1 September8,2012
{01170710.DOC) 10
Prepared by and after Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511
recording return to: Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560
STORM SEWER AND DRAINAGE EASEMENT AGREEMENT
MACKINAW VILLAGE — PART FOUR
IOWA CITY, IOWA
THIS AGREEMENT, made and entered into by and between Mackinaw Village,
L.C. (Owner), which expression shall include its successors in interest and assigns,
and the City of Iowa City, Iowa (the City), which expression shall include its successors
in interest and assigns.
It is hereby agreed as follows:
For the sum of $1.00 plus other valuable consideration, the receipt of which is
hereby acknowledged, Owner hereby grants and conveys to the City an easement for
the purposes of excavating for and the installation, replacement, maintenance and use
of such storm water lines, pipes, mains, conduits, and overland drainageways as the
City shall from time to time elect for conveying storm water, with all necessary
appliances and fittings, for the use in connection with said lines, together with
adequate protection therefor, and also a right of way, with the right of ingress and
egress thereto, over and across the area designated as "15.0 Storm Sewer and
Drainage Easement' as shown on the Final Plat of Mackinaw Village — Part Four,
attached hereto and incorporated herein by reference, hereafter described as
"easement area."
Owner further grants to the City:
1. The right of grading said easement areas for the full width thereof, and to
extend the cuts and fills for such grading into and onto said lands along and outside of
the said easement area to such extent as the City may find reasonably necessary.
2. The right from time to time to trim, cut down and clear away any and all
trees and brush on said easement area and also to trim, cut down and clear away any
trees on either side of said easement area which now or hereafter in the opinion of the
(01170731DOC)
10
-2-
City may be a hazard to said easement area, or which may interfere with the exercise
of the City's rights hereunder in any manner.
The City shall promptly backfill any trench made by it, and repair any damages
caused by the City within the easement area. The City shall indemnify Owner against
unreasonable loss or damage which may occur in the negligent exercise of the
easement rights by the City. Except as expressly provided herein, the City shall have
no responsibility for maintaining the easement area.
Owner reserves the right to use said easement area for purposes which will not
interfere with the City's full enjoyment of the rights hereby granted; provided that the
Owner shall not erect or construct any building, fence, retaining wall, or other structure,
plant any trees, drill or operate any well, or construct any reservoir or other obstruction
on said areas, or diminish or substantially add to the ground cover over said easement
area. Fences and /or trees placed in the easement area, with or without City approval,
may be removed by the City without compensation or replacement.
Owner does hereby covenant with the City that it is lawfully seized and
possessed of the real estate above described, and that it has a good and lawful right to
convey it, or any part thereof.
Nothing in this Agreement shall be construed to impose a requirement on the
City to install the original public improvements at issue herein. Nor shall Owner be
deemed acting as the City's agent during the original construction and installation of
said improvement. Parties agree that the obligation to install the public
improvement(s) herein shall be in accordance with City specifications, and the
obligation shall remain on Owner until completion by Owner, and until acceptance by
the City, as by law provided.
The provisions hereof shall inure to the benefit of and bind the successors and
assigns of the respective Parties hereto, and all covenants shall apply to and run with
the land and with the title to the land.
Dated this 1 s day of MA"m- 2012,
MACKINAW VILLAGE, L.C.
By;
Darry . igh, Manager
(01170731.DOC)2 10
BE
CITY OF IOWA CITY, IOWA
By:_ &9 _
Matthew J. Hayek A yor
BY; aj&v"� � �M2
Ma 'an K. Karr, City Clerk
STATE OF IOWA )
) ss:
COUNTY OF JOHNSON )
This instrument was acknowledged before me on this I sr day of
I�l►1f�' l� 2012 by Darryl T. High, as Man er of Mqqkinaw Village, L.C.
STATE OF IOWA )
) ss:
COUNTY OF JOHNSON )
Notary Public in Ind for said State
On this 6 -A day of. MAR vt , 2012, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Matthew J. Hayek and
Marian K. Karr, to me personally known, and who, being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa;
that the seal affixed to the foregoing instrument is the corporate seal of the corporation,
and that the instrument was signed and sealed on behalf of the corporation, by
authority of its City Council; and that Matthew J. Hayek and Marian K. Karr
acknowledge the execution of the instrument to be their voluntary act and deed and
the voluntary act and deed of the corporation, by it and them voluntarily executed.
ESONDRAEFORT Nota Public in and for said State
Commission Number 158781 rY My Commission Expires 3 of
(01170731,DOC) 3 �0
KERRY PEYTON
Commission Number 742701
My Commission Expires
IOWA
September 8, 2012
STATE OF IOWA )
) ss:
COUNTY OF JOHNSON )
Notary Public in Ind for said State
On this 6 -A day of. MAR vt , 2012, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Matthew J. Hayek and
Marian K. Karr, to me personally known, and who, being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa;
that the seal affixed to the foregoing instrument is the corporate seal of the corporation,
and that the instrument was signed and sealed on behalf of the corporation, by
authority of its City Council; and that Matthew J. Hayek and Marian K. Karr
acknowledge the execution of the instrument to be their voluntary act and deed and
the voluntary act and deed of the corporation, by it and them voluntarily executed.
ESONDRAEFORT Nota Public in and for said State
Commission Number 158781 rY My Commission Expires 3 of
(01170731,DOC) 3 �0
Prepared by and after Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511
recording return to: Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560
TRAIL EASEMENT AGREEMENT
MACKINAW VILLAGE — PART FOUR
THIS AGREEMENT, made and entered into by and between Mackinaw
Village, L.C. (Owner), which expression shall include its successors in interest and
assigns, and the City of Iowa City, Iowa (the City), which expression shall include its
successors in interest and assigns.
It is hereby agreed as follows:
For the sum of $1.00 plus other valuable consideration, the receipt of which is
hereby acknowledged, Owner hereby grants and conveys to the City an easement
for the purpose of establishing and using a public trail over and across the area
designated as "10.0' Trail Easement" as shown on the Final Plat of Mackinaw Village
- Part Four, hereafter described as "easement area."
Owner further grants to the City:
1. The right of grading said easement area for the full width thereof, and
to extend the cuts and fills for such grading into and onto said lands along and
outside of the said easement area to such extent as the City may find reasonably
necessary.
2. The right from time to time to trim, cut down and clear away any and all
trees and brush on said easement area and also to trim, cut down and clear away
any trees on either side of said easement area which now or hereafter in the opinion
of the City may be a hazard to said easement area, or which may interfere with the
exercise of the City's rights hereunder in any manner.
{01170733.DOC) 'O
-2-
3. The City shall promptly backfill any trench made by it, and repair any
damages caused by the City within the easement area. The City shall indemnify
Owner against unreasonable loss or damage which may occur in the negligent
exercise of the easement rights by the City. Except as expressly provided herein,
the City shall have no responsibility for maintaining the easement area.
4. Owner reserves the right to use said easement areas for purposes
which will not interfere with the City's full enjoyment of the rights hereby granted;
provided that the Owner shall not erect or construct any building, fence, retaining
wall, or other structure, plant any trees, drill or operate any well, or construct any
reservoir or other obstruction on said areas, or diminish or substantially add to the
ground cover over said easement areas. Fences and /or trees placed in the
easement area, with or without City approval, may be removed by the City without
compensation or replacement.
5. Owner does hereby covenant with the City that it is lawfully seized and
possessed of the real estate above described, and Owner has a good and lawful
right to convey it, or any part thereof.
6. Nothing in this Agreement shall be construed to impose a requirement
on the City to install the original public improvement at issue herein. Nor shall Owner
be deemed acting as the City's agent during the original construction and installation
of said improvement. Parties agree that the obligation to install the public
improvement(s) herein shall be in accordance with City specifications, and the
obligation shall remain on Owner until completion by Owner, and until acceptance by
the City, as by law provided. After a public trail is constructed by Owner on the
easement area, Owner shall bear the responsibility of maintaining the easement
area, including snow and ice removal and general maintenance of the trail.
7. The Owner and /or its successors in interest, which may be a
homeowner's association, shall have the obligation to maintain the Easement Area.
If the Owner or Owner's successors in interest fail to meet said maintenance
obligations in accordance with this agreement, the City shall have the right to perform
said maintenance. Owner acknowledges and agrees that all lots in the Subdivision
are specifically benefited by the trail, so that the cost of said maintenance by the City
shall be a lien and charge against all of the lots in the Subdivision. The cost of said
maintenance need not meet the requirements of notice, benefit or value as provided
by the law of the State of Iowa for assessing such improvements.
8. The provisions hereof shall inure to the benefit of and bind the
successors and assigns of the respective Parties hereto, and all covenants shall
apply to and run with the land and with the title to the land.
(01170733.DOC) 10
-3-
Dated this / day of March, 2012.
MACKINAW VILLAGE, L.C.
By. /
Darryl T. High, Manager
CITY OF IOWA CITY, IOWA
By: n
Matthew J. Hayek, ayor
ATTEST:
By :' A����L
Marian K. Karr, City Clerk
STATE OF IOWA, COUNTY OF JOHNSON) ss:
This instrument was acknowledged before me on this day of March,
2012 by Darryl T. High as Manager of Mackinaw Village, L.C.
s KERRY PEYTON
Commission Number 742701
My Commission Expires
rows September8,2012 Notary Public in Ad for said State
STATE OF IOWA, COUNTY OF JOHNSON) ss:
-K,
On this 6 day of March, 2012, before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K.
Karr, to me personally known, and who, being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal
affixed to the foregoing instrument is the corporate seal of the corporation, and that the
instrument was signed and sealed on behalf of the corporation, by authority of its City
Council; and that Matthew J. Hayek and Marian K. Karr acknowledge the execution of
the instrument to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it and them voluntarily executed.
i,g"A SONORAEFORT
0 Commission Number 159791
My Commission Expires
ow 3 vorS
S Fe�d
Notary Public in and for said State
{01170733.DOC} I0
Prepared by and after Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511
recording return to: Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560
SANITARY SEWER EASEMENT AGREEMENT
MACKINAW VILLAGE — PART FOUR
THIS AGREEMENT, made and entered into by and between Mackinaw
Village, L.C. (Subdivider), which expression shall include its successors in interest
and assigns, and the City of Iowa City, Iowa (the City), which expression shall include
its successors in interest and assigns.
It is hereby agreed as follows:
For the sum of $1.00 plus other valuable consideration, the receipt of which is
hereby acknowledged, Subdivider hereby grants and conveys to the City an
easement for the purposes of excavating for and the installation, replacement,
maintenance and use of such sewage lines, pipes, mains, and conduits as the City
shall from time to time elect for conveying sewage, with all necessary appliances and
fittings, for the use in connection with said lines, together with adequate protection
therefor, and also a right of way, with the right of ingress and egress thereto, over
and across the area designated as "Sanitary Sewer Easement" as shown on the
Final Plat of Mackinaw Village - Part Four, hereafter described as "easement area."
Subdivider further grants to the City:
1. The right of grading said easement areas for the full width thereof, and
to extend the cuts and fills for such grading into and onto said lands along and
outside of the said easement areas to such extent as the City may find reasonably
necessary.
(01193122.DOC) 1®
-2-
2. The right from time to time to trim, cut down and clear away any and all
trees and brush on said easement areas and also to trim, cut down and clear away
any trees on either side of said easement areas which now or hereafter in the
opinion of the City may be a hazard to said easement areas, or which may interfere
with the exercise of the City's rights hereunder in any manner.
3. The right to enter onto land beyond the easement area to conduct
emergency repairs that may extend beyond the easement area, without obtaining a
separate temporary easement. City's right to do such work shall be effective only
upon City's prior notice to owners and with minimal disruption of the area.
The City shall promptly backfill any trench made by it, and repair any damages
caused by the City within the easement areas. The City shall indemnify Subdivider
against unreasonable loss or damage which may occur in the negligent exercise of
the easement rights by the City. Except as expressly provided herein, the City shall
have no responsibility for maintaining the easement areas.
Subdivider reserves the right to use said easement areas for purposes which
will not interfere with the City's full enjoyment of the rights hereby granted; provided
that the Subdivider shall not erect or construct any building, fence, retaining wall, or
other structure, plant any trees, drill or operate any well, or construct any reservoir or
other obstruction on said areas, or diminish or substantially add to the ground cover
over said easement areas. Fences and /or trees placed in the easement area, with or
without City approval, may be removed by the City without compensation or
replacement.
Subdivider does hereby covenant with the City that it is lawfully seized and
possessed of the real estate above described, and Subdivider has a good and lawful
right to convey it, or any part thereof.
Nothing in this Agreement shall be construed to impose a requirement on the
City to install the original public improvement at issue herein. Nor shall Subdivider
be deemed acting as the City's agent during the original construction and installation
of said improvement. Parties agree that the obligation to install the public
improvement(s) herein shall be in accordance with City specifications, and the
obligation shall remain on Subdivider until completion by Subdivider, and until
acceptance by the City, as by law provided.
The provisions hereof shall inure to the benefit of and bind the successors
and assigns of the respective Parties hereto, and all covenants shall apply to and run
with the land and with the title to the land.
(01193122.DOC} 10
-3-
Dated this day of March, 2011.
MACKINAW VILLAGE, L.C.
By
Darryl T. Hig , Manager
CITY OF IOWA CITY, IOWA
By:
Matthew J. Hayek, Playor
ATTEST:
By: 9
Marian K. Karr, City Clerk
STATE OF IOWA, COUNTY OF JOHNSON) ss:
This instrument was acknowledged before me on this I�� day of March,
2012 by Darryl T. High as Manager of Mackinaw Village, L.C.
A( KERRY PEYTON
Commission Number 742701
My Commission Expires t'
September 8, 2012 4wv -
Notary rublic in And for said State
STATE OF IOWA, COUNTY OF JOHNSON) ss:
On this 6 46 day of March, 2012, before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K.
Karr, to me personally known, and who, being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal
affixed to the foregoing instrument is the corporate seal of the corporation, and that the
instrument was signed and sealed on behalf of the corporation, by authority of its City
Council; and that Matthew J. Hayek and Marian K. Karr acknowledge the execution of
the instrument to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it and them voluntarily executed.
oyes SONDRAE FORT
_. Commission Number 159791
My Commission Expires
ow 3 17 Z 20
Notary Public in and for said State
{01193122.DOC} 10
Prepared by and after Michael J. Pugh One South Gilbert Street Phone (319) 358 -5562
recording return to: Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560
WATERMAIN EASEMENT AGREEMENT
MACKINAW VILLAGE — PART FOUR
THIS AGREEMENT made by and between Mackinaw Village, L.C.
( "Subdivider "), which expression shall include its successors and assigns, and the
City of Iowa City, Iowa, a municipal corporation hereinafter called the "City ".
WITNESSETH:
It is hereby agreed as follows:
For the sum of $1.00 plus other valuable consideration, the receipt of which is
hereby acknowledged, Subdivider hereby grants and conveys to the City an
easement for the purposes of excavating for and the installation, replacement,
maintenance and use of such water lines, pipes, mains, and conduits as the City
shall from time to time elect for conveying water, with all necessary appliances and
fittings, for the use in connection with said pipe lines, together with adequate
protection therefor, and also a right of way, with the right of ingress and egress
thereto, over and across the area designated as "Watermain Easement' as shown
on the Final Plat of Mackinaw Village — Part Four, hereafter described as "Easement
Area."
Subdivider further grants to the City:
1. The right of grading said easement area for the full width thereof, and to
extend the cuts and fills for such grading into and onto said lands along and outside
of the said Easement Area to such extent as the City may find reasonably necessary.
2. The right from time to time to trim, cut down and clear away any and all
trees and brush on said Easement Area and also to trim, cut down and clear away
any trees on either side of said Easement Area which now or hereafter in the opinion
(01193111.DOC)
I
-z
of the City may be a hazard to said Easement Area, or which may interfere with the
exercise of the City's rights hereunder in any manner.
The City shall indemnify Subdivider against unreasonable loss or damage
which may occur in the negligent exercise of the easement rights by the City. Except
as expressly provided herein, the City shall have no responsibility for maintaining the
Easement Area.
Subdivider reserves the right to use said Easement Area for purposes which
will not interfere with the City's full enjoyment of the rights hereby granted; provided
that Subdivider shall not erect or construct any building, fence, or other structure,
plant any trees, drill or operate any well, or construct any reservoir or other
obstruction on said areas, or diminish or substantially add to the ground cover over
said Easement Area. Fences and /or trees placed in the easement area, with or
without City approval, may be removed by the City without compensation or
replacement.
Subdivider does hereby covenant with the City that it is lawfully seized and
possessed of the real estate above described, and has good and lawful right to
convey it, or any part thereof.
Nothing in this Agreement shall be construed to impose a requirement on the
City to install the original public improvement at issue herein. The Subdivider shall
install the public improvements in accordance with City specifications. In connection
with any such installations by the Subdivider, the Subdivider shall not be deemed
acting as the City's agent during the original construction and installation of said
improvement. Parties agree that the obligation to install the public improvement(s)
herein shall be in accordance with City specifications, and the obligation shall remain
on Subdivider until completion and until acceptance by the City, as by law provided.
After acceptance of the initial improvements, the City shall, at its expense, thereafter
maintain, repair and replace any such public improvements.
The City shall promptly backfill any trench made by it, and repair any damages
caused by the City within the Easement Area. City covenants and agrees that
existing driveways, fences, underground drainage the or other site features, which
are removed or disturbed shall, to the extent reasonably possible, be replaced by
City to conform with features or items removed during maintenance of the public
improvements.
City covenants and agrees to remove and stockpile existing topsoil from areas
to be excavated, to be used in the event of any repair. Following installation of the
public improvement, all areas within the Easement Area which are disturbed will be
graded to form a uniform slope, and topsoil shall be replaced and respread over
disturbed areas, thereby restoring said area substantially to its prior condition.
{01193111.000)
11
- 3 -
The provisions hereof shall inure to the benefit of and bind the successors
and assigns of the respective Parties hereto, and all covenants shall apply to and run
with the land and with the title to the land.
Dated this day of March, 2012.
MACKINAW VILLAGE, L.C.
By:
Darryl T. High, Manager
CITY OF IOWA CITY, IOWA
Matthew J. hTayck, Mayor
ATTEST:
By:_ vim.
M� K. Karr, City Clerk
STATE OF IOWA, COUNTY OF JOHNSON) ss:
This instrument was acknowledged before me on this day of March,
2012 b Darryl T. High as Manager of Mackinaw Village, L.
jl!mePEYTON
ra umber 742701 elen Expres Nota Publ in and for said State
, 2012
STATE OF IOWA, COUNTY OF JOHNSON) ss;
On this 6 1 day of March, 2012, before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K.
Karr, to me personally known, and who, being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal
affixed to the foregoing instrument is the corporate seal of the corporation, and that the
instrument was signed and sealed on behalf of the corporation, by authority of its City
Council; and that Matthew J. Hayek and Marian K. Karr acknowledge the execution of
the instrument to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it and them voluntarily executed.
oN'ii�;;•r, _ SONDRAEFORT
Commission Number 159791
My Commission Expires
(01193111.DOC1 3 7 -2015
S,.,,,d Q Vr b
Notary Public in and for said State
LO
iklnd i'V'SOeDIVISION' 4r
Recorded: 03/26/2012 at 03:38:41 PM
'Fee Amt: $117.00 Page 1 of 23
Johnson County Iowa
Kim Painter County Recorder t t 1
BK4885 PG695- 7171,E
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(3 19) 356 -5000
STATE OF IOWA ) I (319) 356 -5009 FAX
wwwAcgoy.org
)SS
JOHNSON COUNTY )
a ,
S
C6 I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached
hereto is a true and correct copy of Resolution No. 12-95, which was passed by the City Council of
Iowa City, Iowa, at a regular meeting held on the 6th day of March, 2012, all as the same appears of
ml record in my office. Also attached are the final legal documents for Brookwood Pointe Second
^I Addition, Iowa City, Iowa as follows:
a 1. Certificate of County Auditor
2. Consent to Subdivision and Dedication
sl 3. Subdivider's Agreement
�n 4. Opinion of Attorney
5. Mortgagee Consent to Subdivision
6. Certificate of County Treasurer
m 7. Sanitary Sewer, Storm Sewer & Drainage Easement Agreement
8. Temporary Turn Around Easement Agreement
9. Underground Utility Easement Agreement
c
Dated at Iowa City, Iowa, this ?6 day of M,aaur- 2012.
2-��� .
Marian K. Karr
City Clerk
Ves subdivision
CohIPORATE SEAL
5f
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5240 (SUB12- 00002)
RESOLUTION NO. 12 -95
RESOLUTION APPROVING FINAL PLAT OF
BROOKWOOD POINTE SECOND ADDITION, IOWA CITY, IOWA.
WHEREAS, the owner, Steve Kohli Construction, L.C., filed with the City Clerk the final plat of
Brookwood Pointe Second Addition, Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson
County, Iowa, to wit:
OUTLOT "B" BROOKWOOD POINTE FIRST ADDITION ACCORDING TO
THE PLAT RECORDED THEREOF IN PLAT BOOK 50 AT PAGE 5, JOHNSON
COUNTY RECORDER'S OFFICE, IOWA CITY, IOWA, CONTAINING 21.95
ACRES, MORE OR LESS, WHICH INCLUDES 0.87 ACRES OF ROAD RIGHT -
OF -WAY THAT IS TO BE DEDICATED TO THE PUBLIC, AND IS SUBJECT
TO ANY EASEMENTS AND RESTRICTIONS OF RECORD.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with the
free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(2011) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The said final plat and subdivision located on the above - described real estate be and the
same are hereby approved.
2. The City accepts the dedication of the streets and easements as provided by law and
specifically sets aside portions of the dedicated land, namely streets, as not being open for
public access at the time of recording for public safety reasons.
3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said
subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after
passage and approval by law. The City Clerk shall record the legal documents and the plat at
the office of the County Recorder of Johnson County, Iowa at the expense of the
owner /subdivider.
jl
Resolution No. 12--95
Page 2
Passed and approved this 6th day of March ,201 2
MAYOR
Approved by
ATTEST: /p(&.2 2 i 1 C1G,t'. 4—e{3�w
CITY ERK City Attorney's Office A/ag-/f 2—
It was moved by Champion and seconded by Payne the Resolution be
adopted, and upon roll call there were:
AYES:
P
x
x
x
x
x
x
pcdltemplalesJAnal Plal - Resolulion doc doc
NAYS:
ABSENT:
Dobyns
Champion
Dickens
Hayek
Mims
Payne
Throgmorton
CERTIFICATE OF COUNTY AUDITOR
BROOKWOOD POINTE SECOND ADDITION,
IOWA CITY, IOWA
I, Tom Slockett, the Johnson County Auditor, hereby approve of Brookwood
Pointe Second Addition, Iowa City, Iowa, as a succinct and unique name for the
subdivision containing the following described real estate located in Johnson County,
Iowa:
Outlot "B;' Brookwood Pointe First Addition to the City of
Iowa City, Iowa, according to the plat thereof recorded in
Book 50, Page 5, Plat Records of Johnson County, Iowa.
Date
Tom Lockett, Johns County Auditor D p
1�
CONSENT TO SUBDIVISION AND
DEDICATION OF BROOKWOOD POINTE SECOND ADDITION
KNOW ALL MEN BY THESE PRESENTS:
Steve Kohli Construction, L.C. does hereby certify and state that it is the owner
and proprietor of the following described real estate situated in Johnson County, Iowa, to
wit:
Outlot "B," Brookwood Pointe First Addition to the City of Iowa City, Iowa,
according to the plat thereof recorded in Book 50, Page 5, Plat Records of
Johnson County, Iowa.
Steve Kohli Construction, L.C. does further state that the subdivision of said real
estate as it appears on the plat to which this certification and dedication is attached is with
its free consent and in accordance with its desire.
The streets, easements and public walkways in said subdivision are hereby
dedicated to the City of Iowa City, Iowa as provided by Chapter 354 of the 2009 Code of
Iowa.
IN WITNESS WHEREOF, the proprietor has caused these presents to be signed
on this day of March, 2012.
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on March, 2012, by
Steve Kohli, as a member of SteveX—ohli Construcyon., L.G�
{ tieN�t nOUGI HS o. RuPPERf
r' `Pommissionl\urnber 12f�S8fl
r. rely C m is ion Expires
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SUBDIVIDER'S AGREEMENT
BROOKWOOD POINTE SECOND ADDITION, IOWA CITY, IOWA
THIS AGREEMENT, made by and between Steve Kohli Construction, L.C.,
hereinafter referred to as Owner and /or Subdivider, and the City of Iowa City, Iowa, a
municipal corporation, hereinafter called the "City,"
WITNESSETH:
SECTION 1. PUBLIC IMPROVEMENTS.
In consideration of the City approving the plat of Brookwood Pointe Second
Addition, Iowa City, Iowa, an addition to the City of Iowa City, Iowa, the Owner agrees, as
a covenant running with the land that, except as provided in this Agreement, the City shall
not issue any building permit on any lots in said subdivision unless and until Subdivider
installs and City accepts the following improvements:
A. Concrete paving at least 28 feet in width on Vesti Lane.
B. Concrete paving at least 26 feet in width on Brookwood Pointe
Terrace.
C. Storm sewers, tile lines, water mains, drainageways and sanitary
sewers as required by the City.
D. Subdivision erosion control measures as required by the City under
its ordinances.
The paving, storm sewers, tile lines, water mains, drainageways, sanitary sewers, and
erosion control measures are hereinafter referred to as "Improvements."
Nothing in this Agreement shall be construed to impose a requirement on the City
to install the original public improvements at issue herein. Nor shall the Subdivider be
deemed acting as the City's agent during the original construction and installation of said
Improvements. The parties agree that the obligation to install the Public Improvement(s)
herein shall be in accordance with City specifications, and the obligation shall remain on
the Subdivider until completion by the Subdivider, and until acceptance by the City, as
provided by law.
SECTION 2. STORM WATER MANAGEMENT ORDINANCE COMPLIANCE AND
COVENANT.
The parties hereto acknowledge and agree that the Subdivider is required to
provide storm water control facilities ( "Facilities ") for the subdivision under the City's storm
water management ordinance, and that said storm water control facilities are to be
provided by storm water detention facilities located on Outlot "B," Brookwood Pointe First
Addition, Iowa City, Iowa. The parties further acknowledge that sufficient funds have been
placed in escrow with the City to cover the costs of constructing and completing said
storm water management facilities and that a limited release agreement has previously
been executed between the parties which creates a lien on said escrow by reason of the
subdivider's obligation to provide storm water management facilities as located within
Brookwood Pointe First Addition. The parties further acknowledge that this escrow is
being retained by the City pending completion of said storm water management facilities.
In consideration of the City's waiver of additional storm water management
facilities within Brookwood Pointe Second Addition, the Subdivider agrees that the lien
securing the obligation to provide storm water management facilities for the property in
Brookwood Pointe Second Addition shall be transferred from the property and shall
immediately attach to the escrow currently being held for such purposes and that this lien
shall remain attached to the escrow until such time as the facilities have been completed;
permanent ground cover is established and moveable; erosion and sedimentation and
controlled; and, in the opinion of the City Engineer, substantially all land within the
tributary area in the subdivisions has been developed. At such time, the City will issue a
final release to the Subdivider for recordation.
SECTION 3. CONSTRUCTION OF IMPROVEMENTS.
All Improvements and Facilities described in Sections 1 and 2 of this Agreement
shall be constructed and installed by the Subdivider according to the plans and
specifications approved by the City Engineer of the City of Iowa City, Iowa, who shall
have the right to make occasional inspection of the work in progress. Such inspections
shall not relieve or release the Subdivider from their responsibility to construct said
Improvements and Facilities pursuant to the approved plans and specifications. Further,
said inspections shall not create a duty or warranty on the part of the City that the
construction of said improvements is in compliance with said plans and specifications.
SECTION 4. SIDEWALKS.
The Subdivider agrees to install sidewalks adjacent to the streets and abutting
each of the lots in said subdivision along Vesti Lane and Brookwood Pointe Terrace. The
sidewalks on both sides of Vesti Lane shall be at least four (4) feet in width and the
sidewalks on both sides of Brookwood Pointe Terrace shall be at least five (5) feet in
width according to plans and specifications approved by the City Engineer of the City of
2 �\
Iowa City, Iowa. The sidewalks shall be installed in the subdivision covered by this
Agreement as required by Sections 15 -3 -3; 16- 4 -1C -1, 2 and 3 and 16 -4 -1, Iowa City
Code of Ordinances. Sidewalks shall be installed adjacent to each lot prior to the
issuance of an occupancy permit for a home constructed on any lot in the subdivision and
shall remain a lien on the lots until installed and released by the City, and the release duly
recorded in the Johnson County Recorder's Office as required by Section 14- 7A -6(B),
Iowa City Code of Ordinances.
SECTION 5. BUILDING PERMITS AND ESCROW MONIES.
If the Subdivider should desire a building permit on any lot in said subdivision
before the Improvements have been installed, the Subdivider shall deposit with the
Department of Housing and Inspection Services, in escrow, an amount equal to the
estimated cost of constructing said Improvements plus ten percent (10 %) thereof divided
by the total number of lots in the subdivision (hereinafter "Improvements Escrow "). The
City Engineer shall determine the amount of the escrow which shall be collected for each
building permit issued prior to the installation of the Improvements.
In addition to the Improvements Escrow, if Subdivision Erosion Control measures
have not been installed, with ground cover established by growth, the City may require, as
a condition to the issuance of the first building permit for construction within the
subdivision, that the Subdivider deposit in escrow with the City the sum of $2,000.00 (the
"Erosion Clean -up Escrow ") to assure reimbursement for the cost of cleaning public
streets, storm sewers, gutters or catch basins, which may be incurred by the City as a
result of erosion from any lot in the Subdivision. The Subdivider shall be responsible for
the cost of any such clean -up; and to the extent that the Subdivider fails to accomplish
erosion clean -up after reasonable notice from the City, the City is hereby authorized but
not obligated to do the work and to charge the cost thereof to the Erosion Clean -up
Escrow, if adequate, and to charge any excess costs to the Subdivider. If the Erosion
Clean -up Escrow is insufficient to pay the costs incurred by the City, the Subdivider shall
promptly reimburse the City for the excess costs incurred. The unused balance of the
Erosion Clean -up Escrow shall be returned to the Subdivider after erosion control
measures have been installed, and ground cover has been established by growth.
After the Erosion Clean -up and Improvements Escrows have been established, the
Building Inspector of the City is authorized to issue a building permit, if the applicant is in
compliance with all other applicable requirements and ordinances of the City.
3 \�
SECTION 6. OCCUPANCY PERMIT.
Prior to the issuance of an occupancy permit for any building erected pursuant to
Section 5, the City in its discretion may require the Subdivider to construct and install the
Improvements, sidewalks and Facilities as required by this Agreement.
SECTION 7. USE OF ESCROW MONIES FOR IMPROVEMENTS.
If, after the issuance of an occupancy permit, the Improvements and Facilities
have not been constructed and installed, the City may use any funds deposited in the
Improvements Escrow to construct and install the Improvements and Facilities. If the cost
of constructing and installing said Improvements and Facilities exceeds the amount of the
escrow, the City shall have a lien and charge against all the lots in the subdivision for the
balance of the costs.
After the construction and installation of the Improvements, the City shall refund to
the Subdivider any Improvements Escrow monies not used by the City for the
construction and installation of the Improvements and the Facilities.
SECTION 8. WAIVER.
If Subdivider, its assigns or successors in interest, sells or conveys lots in said
subdivision without constructing or installing the Improvements or Facilities; or the
Subdivider fails to construct the Improvements or sidewalks, the City shall have the right
to install and construct said Improvements, Facilities or sidewalks. Subdivider
acknowledges and agrees that all lots in the subdivision are specifically benefited by the
Improvements and the Facilities so that the cost of the installation shall be a lien against
all of the lots in the subdivision under Chapter 384 of the 2011 Code of Iowa, as
amended. The cost of the Improvements and the Facilities need not meet the
requirements of benefit or value as provided by the law of the State of Iowa for assessing
such improvements. The cost of installing the sidewalks shall be a lien only against the
lot or lots abutting those sidewalks that have not been installed. It is further provided that
this requirement to construct the Improvements, Facilities or sidewalks is and shall remain
a lien against the lots in the subdivision until properly released, as hereinafter provided.
SECTION 9. IMPROVEMENTS AND SIDEWALK RELEASE.
The City agrees that when the Improvements have been installed as required, to
the satisfaction of the City, the City will, upon request, promptly issue to the Subdivider,
for recording in the office of the County Recorder of Johnson County, Iowa, good and
sufficient release to the lots in said subdivision so that this Agreement will not constitute a
cloud upon the title of the lots in said subdivision. A separate sidewalk lien release may
be issued where appropriate. The City Manager is hereby authorized to execute the
4 \�
releases contemplated in this section. This Section also authorizes the execution of one
or more limited releases based on the use of escrows as contemplated in this agreement.
SECTION 10. STREET MAINTENANCE.
The Subdivider agrees that the public services, including but not limited to, street
maintenance, traffic control, snow removal and rubbish and trash collection need not be
extended to any part in said subdivision until the pavement is installed and accepted by
the City.
SECTION 11. NEIGHBORHOOD OPEN SPACE.
The parties acknowledge and agree that the neighborhood open space
requirements pursuant to the provisions of Section 14 -7D -4 of the Iowa City Code of
Ordinances for Brookwood Pointe Second Addition were fully satisfied with the approval
of Brookwood Pointe First Addition.
SECTION 12. MISCELLANEOUS.
A. All electrical, telephone and cable television service and distribution lines
shall be installed underground.
B. Conditional Zoning Agreement. The Subdivision is subject to a conditional
zoning agreement adopted with and incorporated into Iowa City Ordinance 05 -4161
rezoning the property. In accordance with the provisions of said conditional zoning
agreement requiring a contribution towards the cost to improve South Sycamore Street,
prior to the issuance of an occupancy permit for any lot in Brookwood Pointe Second
Addition, Subdivider shall pay to the City $12,109.20 ($2,507.08 multiplied by 4.83 acres).
Additional payments for the required contribution towards the cost to improve South
Sycamore Street, in the amount of $2,507.08 per acre, shall be paid upon
development/resubdivision of Outlot A, prior to the issuance of occupancy permits
therein.
C. In accordance with the provisions of above - referenced conditional zoning
agreement requiring contribution towards a landscape buffer along South Sycamore
Street when it is improved, prior to the issuance of an occupancy permit for any lot in
Brookwood Pointe Second Addition, Subdivider shall pay to the City $2,159.00 towards
the total landscaping buffer cost of $16,150.00. Additional payments towards the total
landscaping buffer cost of $16,150.00 shall be paid upon development/resubdivision of
Outlot A, prior to the issuance of occupancy permits therein.
5
D. Any fencing or other improvements constructed on lots abutting South
Sycamore Street shall be constructed at least 25 feet to the west of South Sycamore
Street right -of -way to provide sufficient room for the landscape buffer.
E. Sycamore Regional Stormwater System Fee. 1.29 acres of the subdivision
will utilize the Sycamore Regional Stormwater System. Prior to the issuance of an
occupancy permit for any lot in Brookwood Pointe Second Addition, Subdivider shall pay
to the City, for use of the Sycamore Regional Stormwater system by lots in the
Subdivision along Sycamore Street, a fee in the amount of $4,618.20 ($3,580 per acre
multiplied by 1.29 acres). Additional payments towards the total fee for utilization of the
Sycamore Regional Stormwater System in the amount of $7,938.44 ($2,775.68 multiplied
by 2.86 acres) shall be paid upon development or resubdivision of Outlot A, prior to the
issuance of occupancy permits therein.
F. Sanitary Sewer Tap -on Fee. Prior to the issuance of an occupancy permit
for any lot in Brookwood Pointe Second Addition, Subdivider shall pay to the City a
sanitary sewer tap -on fee in the amount of $8,674.68 ($1,796 multiplied by 4.83 acres).
Additional sanitary sewer tap -on fees in the amount of $1,796 per acre shall be paid upon
development/resubdivision of Outlot A, prior to the issuance of occupancy permits
therein.
G. Water Main Extension Fee. Prior to the issuance of an occupancy permit
for any lot in Brookwood Pointe Second Addition, Subdivider shall pay to the City a water
main extension fee in the amount of $1,907.85 ($395.00 multiplied by 4.83 acres).
Additional water main extension fees in the amount of $395 per acre shall be paid upon
development/resubdivision of Outlot A, prior to the issuance of occupancy permits
therein.
H. Temporary Turn - around. Subdivider shall be responsible for the
construction of a temporary turn - around at the end of Vesti Lane according to plans and
specifications approved by the City. At such time as Vesti Lane is extended in a westerly
direction from the subdivision, the Subdivider shall be responsible for the removal of the
temporary turn - around.
Lots 19 -20 shall have minimum low opening elevations as shown on the
final plat.
SECTION 13. SUCCESSORS AND ASSIGNS.
This Agreement shall inure to the benefit of and bind the successors and assigns
of the respective parties hereto and all covenants shall be deemed to apply to and run
with the land and with the title to the land.
6 �\
A
DATED this to day of March, 2012.
CITY OF IOWA CITY, IOWA
By:
Matthew Hayek, M5yor
By: /'�1lLtt�sJ &( 2iA�
Man— an City Clerk
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on March, 2012, by
Steve Kohli, as a member of Steve Kohli Construction, L.C.
DOUG AP, D.
Commission Nm
in
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
of Iowa
This instrument was acknowledged before me on March b , 2012, by
Matthew Hayek and Marian K. Karr, as Mayor and City Clerk, respectively, of the City of
Iowa City, Iowa.
SONDRAE FORT ,5�o,�. -�
_ g Commisslcm Number 1 jr)
m Co in 's Notary Public in and for the State of Iowa
ow g 7 ao�S
7 1`
OPINION OF ATTORNEY
I, Douglas D. Ruppert, a regular practicing attorney in Iowa City, Johnson County,
Iowa, do hereby certify that I have examined an Abstract of Title to the following
described real estate, to wit:
Outlot "B," Brookwood Pointe First Addition to the City of Iowa City, Iowa,
according to the plat thereof recorded in Book 50, Page 5, Plat Records of
Johnson County, Iowa.
It is hereby certified that fee simple title to said property is in Steve Kohli
Construction, L.C. and is free and clear of all liens and encumbrances, except for a
Mortgage to Hills Bank & Trust Company recorded November 17, 2005 in Book 3964,
Page 51, Miscellaneous Records of Johnson County, Iowa.
Dated at Iowa City, Iowa, this 6th day of March, 2012.
MEARDO*, SUEPPEL & DOWNER P.L.C.
122 South Linn Street
Iowa City, Iowa 52240 -1802
N�
MORTGAGEE CONSENT TO SUBDIVISION
The undersigned, Hills Bank & Trust Company, Hills, Iowa, is the Mortgagee of a
mortgage from Steve Kohl! Construction, L.C, recorded the 17th day of November, 2005 in
Book 3964, Page 51, Mortgage Records of Johnson County, Iowa. Said Mortgage
encumbers property designated as Brookwood Pointe Second Addition legally described
as:
Outlot "B," Brookwood Pointe First Addition to the City of Iowa City, Iowa,
according to the plat thereof recorded in Book 50, Page 5, Plat Records of
Johnson County, Iowa.
The undersigned Mortgagee, pursuant to the provisions of Chapter 354, Code of
Iowa, 2009, does hereby consent to the platting and subdivision of Brookwood Pointe
Second Addition, Iowa City, Iowa, by Steve Kohli Construction, L.C. and does hereby
release from said Mortgage all streets, easements or other areas to be conveyed or
dedicated to the public pursuant to said subdivision.
Dated this 6th day of March, 2012.
HILLS BANK & TRUST COMPANY
By:
Tim Finer, f'fl P
STATE OF IOWA
ss:
JOHNSON COUNTY
This instrument was acknowledged before me on March 6; 2012, by Tim Finer,
as of Hills Bank & Trust Company.
itERIN C. STEPHENS
OonMnNNon Number 753132
o ■eiomcia F"P�`� Notary Public in and for the State of Iowa
CERTIFICATE OF COUNTY TREASURER
I, Thomas Kriz, hereby certify that I am the County Treasurer of Johnson County,
Iowa, and that the following described property is free from taxes or special assessments:
Outlot "B," Brookwood Pointe First Addition to the City of Iowa City, Iowa,
according to the plat thereof recorded in Book 50, Page 5, Plat Records of
Johnson County, Iowa,
and shown on the attached plat and known and designated, as Brookwood Pointe
Second Addition, Iowa City, Iowa.
Dated at Iowa City, Iowa, this 6A day of March, 2012.
Thomas Kriz
County Treasurer, Johnson County, Iowa
31S
Parcel No. P9 23 oa�
SANITARY SEWER, STORM SEWER AND
DRAINAGE EASEMENT AGREEMENT FOR
BROOKWOOD POINTE SECOND ADDITION
THIS AGREEMENT made and entered into by and between Steve Kohli
Construction, L.C., hereinafter referred to as Owner and /or Subdivider, which expression
shall include its successors in interest and assigns, and the City of Iowa City, Iowa,
hereinafter referred to as City, which expression shall include its successors in interest
and assigns.
IT IS HEREBY AGREED AS FOLLOWS:
For the sum of One Dollar and other valuable consideration, receipt of which is
hereby acknowledged, the Owner hereby grants and conveys to the City, an exclusive
easement for the purposes of excavating for and the installation, replacement,
maintenance and use of such drainage way, sanitary sewer, or storm sewer lines as the
City shall from time to time elect for conveying sewage or storm water and all necessary
appliances and fittings for use in connection with said lines, together with adequate
protection thereof and also a right -of -way with right of ingress and egress thereto, over
and across the areas designated as Sanitary Sewer Easement; Storm Sewer Easement
and Drainage Easement (hereinafter "easement areas ") as shown on the final plat for
Brookwood Pointe Second Addition. The parties hereto acknowledge and agree that the
easement rights granted herein are exclusive of other utilities and uses, except that other
utilities may cross the easement areas at right angles and as outlined further herein.
The Owner further grants to the City the following rights in connection with the
above:
1. The right of grading said easement areas for the full width thereof, and the
right to extend the cuts and fills for such grading into and on said land along and outside
of said easement areas, to such extent as the City may find reasonably necessary.
2. The right from time to time to trim, cut down and clear away all trees and
brush on said easement areas, and on either side of said easement areas which now or
hereafter in the opinion of the City may be a hazard to said areas or may interfere with the
exercise of the City's rights hereunder in any manner.
The City shall indemnify the Owner against any loss and damage which shall be
caused by the negligent exercise of any said ingress or egress, construction,
maintenance or use by the City or its agents or employees in the course of their
employment.
The Owner reserves the right to use said easement areas for purposes which will
not interfere with the City's full enjoyment of its rights granted herein; provided that the
Owner and lot owners and their successors and assigns shall not erect or construct any
building, fence, retaining wall or other structure; plant any trees, drill or operate any well,
or construct any reservoirs or other obstruction on said easement areas, or diminish or
substantially add to the ground cover over said easement areas. Subdivider may place
trees and /or fences in the easement areas upon the written approval of the City.
However, fences or trees placed in the easement areas, with or without City approval,
may be removed by the City without obligation or compensation or replacement.
The Owner hereby covenants with the City that it is lawfully seized and possessed
of the real estate above described, and that it has good and lawful right to convey it or
any part thereof.
Nothing in this Agreement shall be construed to impose a requirement on the City
to install the original public improvements at issue herein. Nor shall the Subdivider be
deemed acting as the City's agent during the original construction and installation of said
improvements. The parties agree that the obligation to install the public improvement(s)
herein shall be in accordance with City specifications, and the obligation shall remain on
the Subdivider until completion by the Subdivider, and until acceptance by the City, as
provided by law.
The provisions hereof shall inure to the benefit of and bind the successors and
assigns of the respective parties hereto and all covenants shall be deemed to apply to
and run with the title to the land.
SIGNED this 6 dayp " arch, 2012. }
E
CITY OF IOWA CITY, IOWA
By: � l
Matthew Hayek, Mayor
By: 3we.;ri -e • Aitit�
Maria K. Karr, City Clerk
2
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on March, 2012, by
Steve Kohli, as a member of Steve Kohli CoRstfuction, L.C.
COUFi I. A,F D�(iUr u[r1r
ommi, Ion Number 12090.
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on March & , 2012, by
Matthew Hayek and Marian K. Karr, as Mayor and City Clerk, respectively, of the City of
Iowa City, Iowa.
SONDRAEFORT So�sF� -A
�� Commisslon Number 159781 �"
My Commisslon Expires Notary Public in and for the State of Iowa
ow 3/ doi
3
\V
TEMPORARY TURN AROUND EASEMENT AGREEMENT
BROOKWOOD POINTE SECOND ADDITION, IOWA CITY, IOWA
THIS AGREEMENT, made and entered into by and between STEVE KOHLI
CONSTRUCTION, L.C., an Iowa Limited Liability Company, hereinafter referred to as
"Owner", and the CITY OF IOWA CITY, IOWA, a municipal corporation, hereinafter
referred to as "City ".
In consideration of their mutual promises herein, Owner and City agree as
follows:
1. Owner states and covenants that it is the owner of Outlot 'A," Brookwood
Pointe Second Addition, Iowa City, Iowa, according to the recorded plat thereof, that it
is lawfully seized and possessed of said real estate, and that it has good and lawful
right to convey this easement.
2. Owner does hereby grant and convey to the City temporary turn around
easements in, over and across that portion of Owner's property described as
Temporary Turn Around Easement as shown on the Final Plat of Brookwood Pointe
Second Addition, Iowa City, Iowa. Said easements include the following:
(a) City service vehicles are granted a means of ingress, egress and
passage over the temporary easement areas.
(b) The City's Police Department is authorized to ticket, tow, or cause
to be towed, pursuant to the Code of Iowa, as amended, any motor vehicle that
has been parked or placed upon the temporary easement areas in violation of
the parking laws of the City and State of Iowa. This Agreement shall serve as
appropriate notice for such authorization to City's Police Department under the
Code of Iowa, as amended. Owner shall place this Easement Agreement of
record as its sole obligation to notify all persons who may improperly park upon
said temporary easement areas.
(c) The City's Fire Department is granted an easement with the right of
access over and across each of the temporary turn around easement areas in
Brookwood Pointe Second Addition. Said right of access includes the right of
non - emergency access and posting for purposes of enforcing fire safety
standards under the Uniform Fire Code, as amended.
3. The term of the Temporary Turn Around Easement at the westerly
terminus of Vest! Lane will be for the period of time until Vesti Lane is extended in a
westerly. direction from Lots 9 and 10, Brookwood Pointe Second Addition, into Outlot
"A," Brookwood Pointe Second Addition.
The term of the Temporary Turn Around Easement at the northerly terminus of
Brookwood Pointe Terrace will be for the period of time until Brookwood Pointe Terrace
is extended in a northerly direction from Lots 15 and 16, Brookwood Pointe Second
Addition, into Outlot'A," Brookwood Pointe Second Addition.
4. Owner reserves the right to use said temporary turn around easement
areas for purposes which will not interfere with City's full enjoyment of its rights created
hereby, provided that Owner shall not erect or construct any building, fences or
structures; plant any trees, drill or operate any wells; or construct any reservoirs or other
obstructions on said area; or diminish or substantially add to the ground cover upon
said easement areas.
5. City shall have no responsibility for maintaining the easement area.
6. City shall indemnify Owner against loss or damage which occurs as a
result of the City's negligent acts or omissions in the exercise of its easement rights
granted herein.
7. The provisions herein shall inure to the benefit of, and bind the
successors and assigns of the respective parties hereto, and all covenants shall be
deemed to apply to and run with the land and the title thereto.
SIGNED this day of March, 2012.
CITY OF IOWA CITY, IOWA
Matthew Hayek, Mayor
Mari - -K. Karr, City Clerk
2 \\
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on March, 2012, by
Steve Kohli, as a member of Steve Kohli Construction, L.C.
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on March 6 , 2012, by
Matthew Hayek and Marian K. Karr, as Mayor and City Clerk, respectively, of the City of
Iowa City, Iowa.
SONDRAEFORT
h g Commisslon Number 159791 Smndnaa, 1"6r1�
my co Ission Expires
ow a 7 ao s Notary Public in and for the State of Iowa
3 ��
UNDERGROUND UTILITY EASEMENT AGREEMENT
BROOKWOOD POINTE SECOND ADDITION, IOWA CITY, IOWA
In consideration of the approval of the final plat of Brookwood Pointe Second
Addition, Iowa City, Iowa, the undersigned Grantor hereby grants to MidAmerican Energy
Company, Century Link and Mediacom Cable, and their successors (hereinafter referred
to as "Grantees "), a perpetual right -of -way easement upon, over, under, along and across
the areas marked on the final plat of Brookwood Pointe Second Addition, Iowa City, Iowa,
as "15' Utility Easements."
The Grantees of this easement shall have the right to install, lay, construct,
reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines
below the surface of the ground, and other equipment or appurtenances above the
surface of the ground as may be necessary for the purpose of serving the subdivision and
other property with electricity, gas, and communication service; the right to trim, cut down
and remove such trees, brush, saplings and bushes as may interfere with the proper
construction, maintenance, operation or removal of said facilities, equipment and
appurtenances; and the right of ingress and egress for all of the purposes aforesaid.
Grantees shall promptly backfill any trench made by them and repair any damages
caused by them within the easement areas.
Grantor, its successors in interest and assigns, reserves the right to use said
easement areas for purposes which will not interfere with the Grantees' full enjoyment of
the rights hereby granted; provided that Grantor shall not erect or construct any reservoir,
retaining wall, or other obstruction on said areas, or diminish or substantially add to the
ground cover over said easement areas. No permanent dwellings or trees shall be
placed on the areas so designated for utility easement, but with advance written
authorization from the Grantees' representatives, the same may be used for gardens,
shrubs, minor landscaping and other purposes that do not then or later interfere with the
aforesaid uses or the rights herein granted. Grantees' rights, however, include the right to
remove and /or clear away any such gardens, shrubs, minor landscaping, bushes and
plantings within the easement area without compensation to Grantor or its successor in
interest.
SIGNED this day of March, 2012.
0
KOHLIQ�ONSTRUCTION, L.0
Steve
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on March (d, 2012, by
Steve Kohli, as a member of Step
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STATE OF IOWA
) SS
JOHNSON COUNTY
Doc ID: 022482780015 Type: GEN
Kind: SUBDIVISION
Recorded: 04/05/2012 at 02:12:00 PM
Fee Amt: $77.00 Page 1 of 15
Johnson CountV Iowa
Kim Painter County Recorder
BK4890 PG593 -607
666
r �
It-
CITY OF IOWA CITY
410 East Washington Slreet
Iowa City. Iowa 52240-1826
IF 19) 356 -5000
(319) 356 -5009 FAX
www.lcgov.oig
I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached
hereto is a true and correct copy of Resolution No.12 -118, which was passed by the City Council of
Iowa City, Iowa, at a regular meeting held on the 20th day of March, 2012, all as the same appears
of record in my office. Also attached are the final legal documents for Patel Addition, Iowa City,
Iowa as follows:
`c 1. Subdivider's Agreement `
2. Attorney's Opinion
(� 3. Owner's Statement
4. Certificate of Auditor of Johnson County
4JI 5. Certificate of Treasurer of Johnson County
Dated at Iowa City, Iowa, this �i day of 2012.
Ilk
p) Marian Karr
O City Clerk
"J des subdivision
COR�'pRA�E �EA1.
\v
59
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5240 (SUB 11-00016)
RESOLUTION NO. 12 -118
RESOLUTION APPROVING FINAL PLAT OF
THE PATEL ADDITION, IOWA CITY, IOWA.
WHEREAS, the owner, Ravi Lodging, Inc., filed with the City Clerk the final plat of the Patel Addition,
Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, the applicant has requested a waiver of the preliminary plat, and
WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson
County, Iowa, to wit:
BEGINNING at the Southwest corner of Lot 1 of Sturgis Corner Addition, Iowa City, Iowa, in
accordance with the Plat thereof recorded in Plat Book 16, at Page 12, in the Records of the Johnson
County Recorders Office; Thence N06 °04'09 "W, along the West line of said Lot 1, a distance of 69.54
feet; Thence Northwesterly, 78.35 feet, along said West line, and an arc of a 76.00 foot radius curve,
concave Southwesterly, whose 74.92 foot chord bears N35 °40'41 "W, to the Northwest corner thereof;
Thence S90 °00'00 "E, along the North line of said Lot 1, and the North line of the parcel of land as
described in a Quit Claim Deed, as recorded in Book 3224, at Page 258, in the Records of the Johnson
County Recorders Office, and the North line of the Right -of -Way Acquisition Plat, as recorded in Book
3081, at Page 119, in the Records of the Johnson County Recorders Office, a distance of 507.73 feet,
to a point on the Westerly top of bank of the Iowa River; Thence S10 °38'00 "E, along said Westerly lop
of bank, 177.10 feet, to a point on the South line of said Right -of -Way Acquisition Plat; Thence
S90 °00 "00 "W, along said South line, 298.31 feet, to the Southwest corner thereof, and a point on the
East line of the parcel of land as described in a Warranty Deed, as recorded in Book 3081, at Page
119, in the Records of the Johnson County Recorders Office; Thence S32 °19'23 "E, along said East
line, 31.64 feet, to the Southeast corner thereof, and a point on the North line of the parcel of land as
described in a Warranty Deed, as recorded in Book 3805, at Page 87, in the Records of the Johnson
County Recorders Office; Thence S81 °00'02 "E, along said North line, 58.88 feet, to the Northeast
corner thereof; Thence S09 °03'19 "W, along the East line of said Warranty Deed, 80.39 feet, to the
Southeast corner thereof; Thence S61'14'1 1"W, along the South line of said Warranty Deed, 127.85
feet, to the Southwest corner thereof; Thence N34 °58'03 "W, along the West line of said Warranty
Deed, and the West line of said Warranty Deed recorded in Book 3081, at Page 119, a distance of
218.86 feel; Thence Northwesterly, 44.97 feel, along said West line, and an arc of a 92.29 foot radius
curve, concave Northeasterly, whose 44.53 foot chord bears N20 °59'33 "W, to said POINT 0 F
BEGINNING. Said Tract.of land contains 2.52 acres and is subject to easements and restrictions of
record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended that the
preliminary plat be waived and the approval of the final plat; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with the
free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(2011) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
)v
Resolution No. 12 -118
Page 2
The requirement for a preliminary plat is hereby waived.
The said final plat and subdivision located on the above - described real estate be and the
same are hereby approved.
3. The City accepts the dedication of the easements as provided by law.
4. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said
subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after
passage and approval by law. The City Clerk shall record the legal documents and the plat at
the office of the County Recorder of Johnson County, Iowa at the expense of the
owner /subdivider.
Passed and approved this 20th day of march _'2012
ATTEST: //(2jc� /P. -a2
CITY 'CLERK
MAYOR Prot m
Approved by
City Attorney's Office 3//3//a
It was moved by Dickens and seconded by Pg� e the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
X Dobyns
x Champion
X Dickens
X Hayek
X Mims
X Payne
X Throgmorton
pcdllemplaleslFinal Plal - ResoVion.doc.doc ` r
City of Iowa City /Subdivider's Agreement
Patel Addition
This Agreement is made by and between Ravi Lodging, Inc., an Iowa corporation,
hereafter referred to as the "Subdivider" and the City of Iowa City, Iowa, a Municipal
Corporation, hereafter referred to as the "City ".
SECTION 1. MUNICIPAL IMPROVEMENTS, CONSTRUCTION AND
INSTALLATION OF MUNICIPAL IMPROVEMENTS.
In consideration of the City approving the plat and subdivision of real estate described on
Exhibit A attached hereto, known and designated as Patel Addition, an addition to the City of
Iowa City, Iowa, Subdivider agrees, as a covenant dinning with the lard that, except as provided
in this Agreement, the City shall not issue any building permit on any lots in Patel Addition,
unless and until Subdivider installs and City accepts the following improvements:
way;
(a) A five (5) foot wide sidewalk along Sturgis Corner Drive, in the public right of
(b) remodeling of one (1) public storm sewer intake;
(c) extension of a public 10'x5' reinforced box culvert; and
(d) A sanitary sewer and water main, which shall be privately owned and maintained.
The sidewalk, storm sewer, box culvert, sanitary sewer and water main are hereinafter
referred to as "Improvements ".
Nothing in this Agreement shall be construed to impose a requirement on the City to
install the original public improvements as issue herein. Nor shall the Subdivider be deemed
acting as the City's during the original construction and installation of said Improvements. The
parties agree that the obligation to install the Improvements shall be in accordance with City
specifications, and the obligation shall remain on the Subdivider until completion by the
Subdivider and until acceptance by the City, as provided by law.
SECTION 2. CONSTRUCTION OF IMPROVEMENTS.
The Improvements described in Section I shall be constructed and installed by the
Subdivider according to plans and specifications approved by the City Engineer of the City of
Iowa City, who shall have the right to make occasional inspection of the work in progress. Such
inspections shall not relieve or release the Subdivider from its responsibility to construct said
Improvements in accordance with the approved plans and specifications. Further, said
inspections shall not create a duty or a warranty on the part of the City that the construction of
NV
said Improvements are in compliance with said plans and specifications.
SECTION 3. SIDEWALK.
The Subdivider agrees to install a sidewalk adjacent to Sturgis Corner Drive. Said
sidewalk shall be at least five (5) feet in width, and shall be constructed according to plans and
specifications approved by the City Engineer and as per Section 15 -3 -3; 16 -1C- 1,2,3; 16 -4 -1 of
the Iowa City Code of Ordinances. The sidewalk shall be installed prior to the issuance of an
occupancy permit for the building to be constructed on the subdivision and shall remain a lien on
said subdivision until installed and released by the City and the release duly recorded in the
Johnson County Recorder's Office as required by Section 14 -7A -6 subparagraph 6(B), Iowa City
Code of Ordinances.
SECTION 4. RELEASE
The City agrees that when the Improvements have been installed as required to the
satisfaction of the City, the City will, upon request, promptly issue to the Subdivider, for
recording in the Office of the Johnson County Recorder, a good and sufficient release for the lot
in the subdivision so that this Agreement will not constitute a cloud upon the title of the lot in the
subdivision. The Iowa City Mayor and City Clerk are hereby authorized to execute said release,
and all other necessary and appropriate releases, with the concurrence of the City Attorney and
City Engineer. A separate sidewalk lien release will be issued where appropriate as set forth in
Section 3.
SECTION 5. MISCELLANEOUS
A. Lot 1 will have two ingress and egress entrances off of Sturgis Corner Drive as
shown on the approved site plat.
B. Subdivider shall be responsible for a water main extension fee for this
Subdivision at a cost of $995.40 ($395 x 2.52 acres).
C. Plat notes and surveyor's notes on plats serve notice of how a subdivision is
expected to develop. Said notes are not intended to create any vested private interest in any
stated use restriction or covenant, or create any third party beneficiaries to ally noted use
restriction or covenant. The City reserves the right, in its sole discretion, subject to any
applicable public notice and approval process required by law, to alter or amend any plat note, or
to sell or vacate any right -of -way, street, alley, park, easement, open area or other land set apart
and dedicated for public use within the plat. The City further reserves the right, upon request of
the owner or successor in interest, to vacate the plat and /or relocate any easement, alter lot
boundaries or allow said land to be replatted subject to any applicable public notice and approval
process required by law.
SECTION 6. BINDING EFFECT.
This agreement shall inure to the benefit of and be binding upon the parties, their assigns
fly
or successors in interest and shall be construed as a covenant running with the land.
Dated 14 day of March, 2012.
Ravi Lodging, Inc.
BY 40'//q�C
Ravi Patel, President
City of Iowa City
By 6711§0
Matthew J. Hayek, fvrayor
ATTEST:
w/ p -ti —
Mari K. Karr, City Clerk
STATE OF IOWA )
) ss.
COUNTY OF 0je-
)
This instrument was acknowledged before me on the 15 day of March, 2012, by Ravi
Patel as
�og.17.2Q�wi o°
STATE OF IOWA uuur, ; )
) ss.
COUNTY OF JOHNSON )
Inc.
ME_ _ a � I G
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This instrument was acknowledged before me on the —0-day of M4ee4r, 2012, by
Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn,
did say they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a
municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of
the corporation, and the instrument was signed and sealed on behalf of the corporation by
authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution
1)y
of the instrument to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it voluntarily executed.
o'� �� Com Es Ion Numbe 221819 //� Cliff � /��
MY e0ym $10 LxPUe6 Notary Public
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Prepared By: Christopher S. Wallace, AT0008208, ANDERSON, ROBERTS, PORTH & WALLACE P.L.C. P.O. Box 1339,
Burlington, IA 52601 (319) 754 -7585
ATTORNEY'S CERTIFICATE
RE: Patel Addition located in Iowa City, Johnson County, Iowa and legally described as
follows:
BEGINNING at the Southwest corner of Lot 1 of Sturgis Corner Addition, Iowa City, Iowa,
in accordance with the Plat thereof recorded in Plat Book 16, at Page 12, in the Records of the
Johnson County Recorder's Office; Thence N06 °04'09 "W, along the West line of said Lot 1,
a distance of 69.54 feet; Thence Northwesterly, 78.35 feet, along said West line, and an are of
a 76.00 foot radius curve, concave Southwesterly, whose 74.92 foot chord bears
N35 040141 "W, to the Northwest corner thereof, Thence S90 000'00 "E, along the North line of
said Lot 1, and the North line of the parcel of land as described in a Quit Claim Deed, as
recorded in Book 3224, at Page 258, in the Records of the Johnson County Recorder's Office,
and the North line of the Right -of -Way Acquisition Plat, as recorded in Book 3081, at Page
119, in the Records of the Johnson County Recorder's Office, a distance of 507.73 feet, to a
point on the Westerly top of bank of the Iowa River; Thence S10 °38'00 "E, along said
Westerly top of bank, 177.10 feet, to a point on the South line of said Right -of -Way
Acquisition Plat; Thence S90 °00 "00 "W, along said South line, 298.31 feet, to the Southwest
corner thereof, and a point on the East line of the parcel of land as described in a Warranty
Deed, as recorded in Book 3081, at Page 119, in the Records of the Johnson County
Recorder's Office; Thence S32 °19'23 "E, along said East line, 31.64 feet, to the Southeast
corner thereof, and a point on the North line of the parcel of land as described in a Warranty
Deed, as recorded in Book 3805, at Page 87, in the Records of the Johnson County Recorder's
Office; Thence S81 °00'02 "E, along said North line, 58.88 feet, to the Northeast corner
thereof, Thence S09 °03'19 "W, along the East line of said Warranty Deed, 80.39 feet, to the
Southeast corner thereof, Thence S61 °14'1 1 "W, along the South line of said Warranty Deed,
127.85 feet, to the Southwest corner thereof; Thence N34 °58'03 "W, along the West line of
said Warranty Deed, and the West line of said Warranty Deed recorded in Book 3081, at Page
119, a distance of 218.86 feet; Thence Northwesterly, 44.97 feet, along said West line, and an
are of a 92.29 foot radius curve, concave Northeasterly, whose 44.53 foot chord bears
N20 °59'33 "W, to said POINT 0 F BEGINNING. Said Tract of land contains 2.52 acres and
is subject to easements and restrictions of record.
I, Christopher S. Wallace, state I am an attorney practicing in the City of
Burlington, Des Moines County, Iowa, and that I have examined the complete Abstracts of
1 `Y
Title to the land embraced within the attached Final Plat of PATEL ADDITION, Johnson
County, Iowa, and from such examination find legal title to be in the name of Ravi Lodging,
Inc., an Iowa corporation, subject to any easements and restrictions of record. Said property
is free of all liens and encumbrances except those easements and restrictions of record.
Dated this /6 day of Me, eC-\ '2012.
Christopher S. Wallace
ANDERSON, ROBERTS, PORTH & WALLACE
Main at Court, P.O. Box 1339
Burlington, IA 52601
(319) 754 -7585
�v
Christopher S. Wallace, ANDERSON, ROBERTS, PORTH & WALLACE P.L.C.
P.O. Box 1339, Burlington, IA 52601 - (319) 754 -7585
OWNER'S STATEMENT REGARDING FINAL PLAT
TO PATEL ADDITION, JOHNSON COUNTY, IOWA
I, Ravi Patel, President of Ravi Lodging, Inc., an Iowa corporation, hereby certify
that Ravi Lodging, Inc. is the owner of the real estate included in the Final Plat to Patel Addition,
Johnson County, Iowa, attached hereto, and as the President of Ravi Lodging, Inc., I do hereby
certify that said plat was made at Ravi Lodging, Inc.'s request as the owner and that the
subdivision of said real estate, as it appears on said plat, is with the free consent and in
accordance with Ravi Lodging, Inc's desire as the owner. Said real estate is described as
follows:
BEGINNING at the Southwest corner of Lot 1 of Sturgis Corner Addition, Iowa
City, Iowa, in accordance with the Plat thereof recorded in Plat Book 16, at Page
12, in the Records of the Johnson County Recorder's Office; Thence
N06 °04'09 "W, along the West line of said Lot 1, a distance of 69.54 feet; Thence
Northwesterly, 78.35 feet, along said West line, and an arc of a 76.00 foot radius
curve, concave Southwesterly, whose 74.92 foot chord bears N35 040'41 "W, to the
Northwest corner thereof; Thence S90 000'00 "E, along the North line of said Lot
1, and the North line of the parcel of land as described in a Quit Claim Deed, as
recorded in Book 3224, at Page 258, in the Records of the Johnson County
Recorder's Office, and the North line of the Right -of -Way Acquisition Plat, as
recorded in Book 3081, at Page 119, in the Records of the Johnson County
Recorder's Office, a distance of 507.73 feet, to a point on the Westerly top of
bank of the Iowa River; Thence S 1098'00 "E, along said Westerly top of bank,
177.10 feet, to a point on the South line of said Right -of -Way Acquisition Plat;
Thence S90 000 "00 "W, along said South line, 298.31 feet, to the Southwest corner
thereof, and a point on the East line of the parcel of land as described in a
Warranty Deed, as recorded in Book 3081, at Page 119, in the Records of the
Johnson County Recorder's Office; Thence S32 °19'23 "E, along said East line,
31.64 feet, to the Southeast corner thereof, and a point on the North line of the
parcel of land as described in a Warranty Deed, as recorded in Book 3805, at Page
87, in the Records of the Johnson County Recorder's Office; Thence
S81 °00'02 "E, along said North line, 58.88 feet, to the Northeast corner thereof,
1V
Thence S09 °03'19 "W, along the East line of said Warranty Deed, 80.39 feet, to
the Southeast corner thereof, Thence S61 °14'11 "W, along the South line of said
Warranty Deed, 127.85 feet, to the Southwest corner thereof, Thence
N34 °58'03 "W, along the West line of said Warranty Deed, and the West line of
said Warranty Deed recorded in Book 3081, at Page 119, a distance of 218.86
feet; Thence Northwesterly, 44.97 feet, along said West line, and an arc of a 92.29
foot radius curve, concave Northeasterly, whose 44.53 foot chord bears
N20 °59'33 "W, to said POINT OF BEGINNING. Said Tract of land contains
2.52 acres and is subject to easements and restrictions of record.
Dated this day of Inr9.,pe%l 12012.
RAVI LODGING, INC.
By: Ravi Patel, its Pr sident
STATE OF IOWA )
) ss
d,%M COUNTY )
This instrument was acknowledged before me on the -6 day of March, 2012, by Ravi
Patel as President of Ravi Lodging, Inc.
.0
L,
IV,
a•.
. 9 M
) V
Prepared By: Christopher S. Wallace, AT0008208, ANDERSON, ROBERTS, PORTH & WALLACE P.L.C. P.O. Box 1339,
Burlington, IA 52601 (319) 754 -7585
CERTIFICATE OF AUDITOR OF JOHtVSC I C,'OUNTY IOWA
I, Tom Slockett, certify that I am the Auditor of Johnson County, Iowa; that I
have examined the records in my office and from such examination find that the name "Patel
Addition" for the subdivision of the real estate described below located in Johnson County,
Iowa, is succinct and unique to Johnson County, Iowa and as such, I approve of the use of the
name "Patel Addition" for said subdivision.
Said real estate is described as follows:
BEGINNING at the Southwest corner of Lot 1 of Sturgis Corner Addition, Iowa City, Iowa,
in accordance with the Plat thereof recorded in Plat Book 16, at Page 12, in the Records of the
Johnson County Recorder's Office; Thence N06 °04'09 "W, along the West line of said Lot 1,
a distance of 69.54 feet; Thence Northwesterly, 78.35 feet, along said West line, and an arc of
a 76.00 foot radius curve, concave Southwesterly, whose 74.92 foot chord bears
N35 °40'41 "W, to the Northwest corner thereof; Thence S90 °00'00 "E, along the North line of
said Lot 1, and the North line of the parcel of land as described in a Quit Claim Deed, as
recorded in Book 3224, at Page 258, in the Records of the Johnson County Recorder's Office,
and the North line of the Right -of -Way Acquisition Plat, as recorded in Book 3081, at Page
119, in the Records of the Johnson County Recorder's Office, a distance of 507.73 feet, to a
point on the Westerly top of bank of the Iowa River; Thence S 10 °38'00 "E, along said
Westerly top of bank, 177.10 feet, to a point on the South line of said Right -of -Way
Acquisition Plat; Thence S90 °00 "00 "W, along said South line, 298.31 feet, to the Southwest
corner thereof, and a point on the East line of the parcel of land as described in a Warranty
Deed, as recorded in Book 3081, at Page 119, in the Records of the Johnson County
Recorder's Office; Thence S32 °19'23 "E, along said East line, 31.64 feet, to the Southeast
corner thereof, and a point on the North line of the parcel of land as described in a Warranty
Deed, as recorded in Book 3805, at Page 87, in the Records of the Johnson County Recorder's
1V
Office; Thence S81 °00'02 "E, along said North line, 58.88 feet, to the Northeast corner
thereof; Thence S09 °03'19 "W, along the East line of said Warranty Deed, 80.39 feet, to the
Southeast corner thereof; Thence S61 °14'11 "W, along the South line of said Warranty Deed,
127.85 feet, to the Southwest corner thereof; Thence N34 °58'03 "W, along the West line of
said Warranty Deed, and the West line of said Warranty Deed recorded in Book 3081, at Page
119, a distance of 218.86 feet; Thence Northwesterly, 44.97 feet, along said West line, and an
arc of a 92.29 foot radius curve, concave Northeasterly, whose 44.53 foot chord bears
N20 059'33 "W, to said POINT 0 F BEGINNING. Said Tract of land contains 2.52 acres and
is subject to easements and restrictions of record.
Dated at Iowa City, Johnson County, Iowa, this day of c 2012.
Tom Slockett
Johnson County Auditor
NV
Prepared By: Christopher S. Wallace, AT0008208, ANDERSON, ROBERTS, PORTH & WALLACE P.L.C. P.O. Box 1339,
Burlington, IA 52601 (319) 754 -7585
CERTIFICATE OF TREASURER OF JOHNSON COUNTY
I, Tom Kriz, certify that I am the Treasurer of Johnson County, Iowa; that I
have examined the records in my office and find that the land embraced within the attached
Final Plat of Patel Addition, Johnson County, Iowa, is free from taxes.
Said real estate is described as follows:
BEGINNING at the Southwest corner of Lot 1 of Sturgis Corner Addition, Iowa City, Iowa,
in accordance with the Plat thereof recorded in Plat Book 16, at Page 12, in the Records of the
Johnson County Recorder's Office; Thence N06 °04'09 "W, along the West line of said Lot 1,
a distance of 69.54 feet; Thence Northwesterly, 78.35 feet, along said West line, and an arc of
a 76.00 foot radius curve, concave Southwesterly, whose 74.92 foot chord bears
N35 °40'41 "W, to the Northwest corner thereof; Thence S90 °00'00 "E, along the North line of
said Lot 1, and the North line of the parcel of land as described in a Quit Claim Deed, as
recorded in Book 3224, at Page 258, in the Records of the Johnson County Recorder's Office,
and the North line of the Right -of -Way Acquisition Plat, as recorded in Book 3081, at Page
119, in the Records of the Johnson County Recorder's Office, a distance of 507.73 feet, to a
point on the Westerly top of bank of the Iowa River; Thence S 10 °38'00 "E, along said
Westerly top of bank, 177.10 feet, to a point on the South line of said Right -of -Way
Acquisition Plat; Thence S90 °00 "00 "W, along said South line, 298.31 feet, to the Southwest
corner thereof, and a point on the East line of the parcel of land as described in a Warranty
Deed, as recorded in Book 3081, at Page 119, in the Records of the Johnson County
Recorder's Office; Thence S32 °19'23 "E, along said East line, 31.64 feet, to the Southeast
corner thereof, and a point on the North line of the parcel of land as described in a Warranty
Deed, as recorded in Book 3805, at Page 87, in the Records of the Johnson County Recorder's
Office; Thence S81 °00'02 "E, along said North line, 58.88 feet, to the Northeast corner
thereof, Thence S09 °03'19 "W, along the East line of said Warranty Deed, 80.39 feet, to the
Southeast corner thereof, Thence S61 °14'1 1 "W, along the South line of said Warranty Deed,
\rK
127.85 feet, to the Southwest corner thereof; Thence N34 °58'03 "W, along the West line of
said Warranty Deed, and the West line of said Warranty Deed recorded in Book 3081, at Page
119, a distance of 218.86 feet; Thence Northwesterly, 44.97 feet, along said West line, and an
are of a 92.29 foot radius curve, concave Northeasterly, whose 44.53 foot chord bears
N20 °59'33 "W, to said POINT O F BEGINNING. Said Tract of land contains 2.52 acres and
is subject to easements and restrictions of record.
Dated at Iowa City, Johnson County, Iowa, this 00:�—U day of March, 2012.
Tom Kriz
Johnson County Treasurer
16-/ S- 3a7-6oy
/o- /S- 397 -005'
/0- i5-- 3-;t2i -0"V
\I-e
'Doe ID: 022485520007 Type: GEN
Kind: RESOLUTION
Recorded: 04/09/2012 at 11:21:29 AM
Fee Amt: $37.00 Pape 1 of 7
Johnson County Iowa
Kim Painter County Recorder
BK4891 PG955 -961
STATE OF IOWA )
) SS
JOHNSON COUNT Y )
j r 1
~ ! It
t `' "' ' �li' e
,�� CFty Of
TPA
I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached
hereto is a true and correct copy of Resolution No. 12-154 which was passed by the City Council
of Iowa City, Iowa, at a regular meeting held on the 3`d day of April, 2012, all as the same
appears of record in my office.
Dated at Iowa City, Iowa, this 6 °1 day of April, 2012.
Marian K. Karr
City Clerk
Ves
GORPORATE SEAL
410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 • FAX (319) 356 -5009
1/�
F,
Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356 -5030
RESOLUTION NO. 12 -154
RESOLUTION APPROVING AN AGREEMENT FOR PRIVATE
REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA,
AND CENTRAL PARK L.L.C.
WHEREAS, Central Park, L.L.C. ( "Developer') submitted a private redevelopment proposal titled
"114 S. Dubuque Street", which proposal consists of a mix of commercial and residential space,
(hereinafter, "the Project "); and
WHEREAS, this property is located within the City- University Project I Urban Renewal Area, and
subject to the City- University Urban Renewal Plan, approved by City Council on October 2, 1969
(Resolution No. 2157), which plan has been modified and amended from time to time ( "Plan ");
WHEREAS, the Economic Development Committee considered said application and voted to
recommend approval to the City Council; and
WHEREAS, City Staff has reviewed the application and proposed Developer's Agreement and
recommends approval to the City Council; and
WHEREAS, in exchange for the grant funds, the property owner has agreed to requirements
stipulating the future use of the property and a minimum assessment amount of $5,760,000 for
the Project and $1,273,430 for the property located at 225 S. Linn Street (currently occupied by
The Bread Garden); and
WHEREAS, it is the determination of this City Council that acceptance of the proposal of the
Developer and approval of the Agreement for Private Redevelopment is in the public interest of
the residents of the City and is consistent with the purposes and objectives of the Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. That the attached Agreement for Private Redevelopment by and between the City of Iowa
City, Iowa and Central Park, L.L.C., as well as the Minimum Assessment Agreements
incorporated by reference therein, is in the public interest of the residents of Iowa City.
2. That said Agreement is consistent with and authorized by the Urban Renewal Plan and all
applicable State and federal laws, including but not limited to Iowa Code Chapters 15A
and 403; and
3. That the Mayor is authorized and directed to execute the Agreement in duplicate and the
City Clerk is authorized and directed to attest his signature and to affix the seal of the City
Clerk;
0
Resolution No. 12 -154
Page 2
4. That the Mayor and City Clerk be and they are hereby authorized and directed to take all
such actions and do all such things as they shall determine to be necessary or appropriate
to ensure the City's performance as provided therein.
5. That the City Clerk is hereby authorized to record the Memorandum of Agreement in the
Office of the Recorder, Johnson County, Iowa, at Developer's expense.
6. That the Mayor is authorized and directed to execute and the City Clerk to attest any
parking covenant, in a form approved by the City Attorney, in the event that the Board of
Adjustment approves a special exception for off -site parking in a municipal parking lot.
That the City Manager is hereby authorized to administer the terms of the Agreement for
Private Redevelopment.
Passed and approved this 3rd day of April 2012.
M
MAYOR
/ .. AppVoved by
ATTEST: >J /W° WVV,�
CITE( (PE5RK // �. City Attorney's Office ,/
1311 2,
ihwG� 7
CORPORATE SEAL
1�
Resolution No. 12 -154
Page 3
It was moved by Mims and seconded by
Resolution be adopted, and upon roll call there were:
the
AYES: NAYS: ABSENT:
x Champion
x Dickens
_x Dobyns
x Hayek
Mims
v Payne
x Throgmorton
\f�
MEMORANDUM OF AGREEMENT FOR PRIVATE REDEVELOPMENT
WHEREAS, the City of Iowa City, Iowa (the "City ") and Central Park, L.L.C. (the
"Redeveloper "), did on or about the 3 ` )—day of Aft, L_ 2012, make, execute and
deliver an Agreement for Private Redevelopment (he "Agreement'), wherein and whereby the
Redeveloper agreed, in accordance with the terms of the Agreement and the City- University
Urban Renewal Plan (the "Plan'), to develop certain real properly located within the City and
within the City- University Urban Renewal Area and as more particularly described as:
The south 40 feet of Lot 4, Block 65, original town of Iowa City, Iowa, according
to the recorded plat thereof; also commencing at a point 40 feet north of the
southeast corner of said Lot 4, in Block 65, Iowa City Iowa: thence west 10 feet,
thence north 4 feet, thence east 10 feet, thence south 4 feet to the place of
beginning.
WHEREAS, the term of this Agreement shall commence on the 3rd day of April, 2012
and terminate twenty (20) years from the issuance of the bonds or when the bonds are paid off,
whichever is earlier; and
WHEREAS, the City, and the Redeveloper desire to record a Memorandum of the
Agreement referring to the Redevelopment Property and their respective interests therein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. That the recording of this Memorandum of Agreement for Private Redevelopment
shall serve as notice to the public that the Agreement contains provisions restricting
Redevelopment and use of the Redevelopment Property and the improvements located and
operated on such Redevelopment Property, and further subjects the Redevelopment Property to a
Minimum Assessment Agreement entered into under the authority of Iowa Code Chapter 403, in
which the City and the Redeveloper (and any successors or assigns) agree that, as of January 1,
2013, a partial assessment shall be made fixing the minimum actual value of the Redevelopment
Property and all improvements located thereof for calculation of real property taxes at not less
than $2,880,000 after taking into consideration any factors such as "roll- backs" which would
reduce the taxable value of the property, and that, as of January 1, 2014, a full assessment shall
be made fixing the minimum actual value of the Redevelopment Property and all improvements
located thereof for calculation of real property taxes at not less than $5,760,000 after taking into
consideration any factors such as "roll- backs" which would reduce the taxable value of the
property; and that certain condominium units located within the Plaza Towers Development.
2. That all of the provisions of the Agreement and any subsequent amendments
thereto, if any, even though not set forth herein, are by the filing of this Memorandum of
60 1 1�
Agreement for Private Redevelopment made a part hereof by reference, and that anyone making
any claim against any of said Property in any manner whatsoever shall be fully advised as to all
of the terms and conditions of the Agreement, and any amendments thereto, as if the same were
fully set forth herein.
3. That a copy of the Agreement and any subsequent amendments thereto if any,
shall be maintained on file for public inspection during ordinary business hours in the office of
the City Clerk, City Hall, Iowa City, Iowa.
IN WITNESS WHEREOF, the City and the , Redeve per have executed this
Memorandum of Agreement for Private Redevelopment as of the 3 day of April, 2012.
(SEAL)
Co t
CLR,';I SEAL
STATE OF IOWA
COUNTY OF JOHNSON
CPfY OF IOWA CITY, IOWA
By. M" A
Matthew J. Hayek, ayor
ATTEST:
By: e , k7i(�
Marian K. Karr, City Clerk
jCE L P L.C.
. Moen
On this 3 11) day of Qpp ,- , 20iS, before me a Notary Public in
and for said County, personally appeared Matthew J. Hayek and Marian K. Karr, to me
personally known, who being duly sworn, did say that they are the Mayor and City Clerk,
respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under
the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of
said Municipal Corporation, and that said instrument was signed and sealed on behalf of said
Municipal Corporation by authority and resolution of its City Council and said Mayor and City
Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation
by it voluntarily executed.
i SONDRAEFORT
Commission Number 159791
My commission Expires s � aes Notary Public in and for the State of Iowa
61 y '✓
STATE OF IOWA )
)SS
COUNTY OF JOHNSON )
This instrument was acknowledged before me on this 3 Id day of ij.- 20 /1, by Marc
B. Moen and , as members of Central Park, L.L.C.
jaSONDRAE FORT
Commission Number 159791 Notary Public in and for the State of Iowa
MY3�7 /anE)V res
62 1 %
Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356 -5230
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, March 28, 2012
EMMAJ. HARVAT HALL
MEMBERS PRESENT: Caroline Sheerin, Will Jennings, Brock Grenis, Larry Baker
MEMBERS ABSENT: None,
STAFF PRESENT: Sarah Holecek, Sarah Walz
OTHERS PRESENTING: NONE
SPECIAL EXCEPTION ITEMS:
Illlllllllllll�lllullllllllllllllllllllllllllllllllllllll�l IIIIIIIIIIIIIIIIII 'I
.Doc ID: 022499400003 Type: QEN
Kind: DECISION
Recorded: 04/24/2012 at 11:29:06 AM
Fee Amt: $17.00 Page i of 3
Johnson County Iowa
Kim Painter County Recorder
BK4898 Pe113 -115
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1. EXC12- 00002: Discussion of an application submitted by Steven Sacks for a special exception to
allow a reduction of the required front yard setback for property located in the Low Density Single -
Family (RS -5) zone at 1215 Pickard Street.
The Board concludes that the situation is peculiar to the property in question and that there is
practical difficulty complying with the setback requirements based on the following findings:
• The attached garage is approximately 9 feet wide, which makes it difficult to use for storing a
standard size car or larger.
• The applicant is already using the driveway to store his car.
• The Zoning Code requires one off - street parking space for single - family uses in the RS-5 zone,
but does not allow the required parking space to be located within the front principal building
setback.
The Board concludes that granting the exception will not be contrary to the purpose of the setback
regulations based on the following findings:
Because the setback reduction is for vehicle parking and no changes to the size of the principal
building (the house itself) are proposed, the above criteria do not apply. However, Staff believes it is
more appropriate to consider the standards below that relate to parking in the.single- family zones.
The Board concludes that the application is in keeping with the parking location standards in the
code and that any potential negative effects resulting from the setback exception are mitigated to
the extent practical based on the following:
• A standard parking space is 18 feet in length. Under the current zoning code, driveways that
lead to a garage are required to be a minimum of 25 feet in length in order to minimize the
opportunity for vehicles to be parked across the sidewalk.
• The street right -of -way line is located 25 feet from the garage and the sidewalk is located 32.5
feet from the garage, and so there is adequate space to park a car on the driveway without
blocking the sidewalk.
• The driveway is set back more than the required 3 feet from the side property line.
• There is ample space between buildings and driveways along this frontage.
• The subject frontage is 267 feet in length, and has just three homes.
• Two of the houses provide vehicle access from Pickard Street. The existing building and
driveway satisfy the setback requirements.
J
Based on the findings below, the Board concludes that the specific proposed exception will not be
detrimental to or endanger the public health, safety, comfort or general welfare; will not be
injurious to the use and enjoyment of other property in the immediate vicinity and will not
substantially diminish or impair property values; and will not impede the normal and orderly
development and improvement of the surrounding property for uses permitted in the zone in
which such property is located in the neighborhood:
• The front property line is located 25 feet from the garage and the sidewalk is located 32.5 feet
from the garage.
• A standard parking space is 18 feet in length. Under the current zoning code, driveways that
lead to a garage are required to be a minimum of 25 feet in length in order to minimize the
opportunity for vehicles to be parked across the sidewalk.
• Pickard is a low- volume street, only two blocks in length, and does not intersect with any
collector or arterial streets.
• The proposed setback reduction Is solely forthe purpose of allowing required parking to be
located on the existing driveway.
• The subject house satisfies all building setback requirements for the zone in which it is located.
The Board finds that the subject neighborhood is fully developed with all necessary access roads,
drainage and other facilities, and alleys. The Board finds that the subject property is a single - family
residence and thus does not generate significant traffic to impact public roads.
The Board finds that the proposed setback reduction conforms to the applicable regulations for
single - family residences in the RS -5 zone, and that the applicant is required to secure a building
permit to convert the garage to living space. The Board finds that while the Comprehensive Plan does
not address this issue directly, it does encourage reinvestment in Iowa City's established
neighborhood and preservation of pedestrian safety.
DISPOSITION: By a vote of 4 -0 the Board recommends approval of the application submitted by Steven
Sacks to reduce the front principal building setback from 19.5 feet to 7 feet to allow a required parking
space to be located along the driveway for a single - family use located in the Low- Density Single - Family
Residential (RS -5) zone at 1215 Pickard Street, subject to the following condition:
• The setback reduction is for the purpose of satisfying the parking location standards only and
does not allow for any expansion of the building into the required setback.
TIME LIMITATIONS:
All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6)
months from the date they were filed with the City Clerk, unless the Applicant shall have taken action
within such time period tq establish the use or construct the improvement authorized under the terms
of the Board's decision.
Caroline Sleerir% Cfjz
r�
Code Section 14- 8C -1E, City of Iowa City, Iowa.
IL
\IV
STATE OF IOWA )
JOHNSON COUNTY )
I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment
Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of
Iowa City, Iowa, at its regular meeting on the 28th day of March , 2012, as the same appears of record in
my Office.
Dated at Iowa City; this day of 2011
Marian . Karr, City Clerk
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V.
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Doc ID: 022511320003 Type: OEN
Kind: ORDINANCE
Recorded: 05/07/2012 at 12:51:01 PM
Fee Amt: $17.00 Pane 1 of 3
Johnson County Iowa
Kim Painter County Recorder
BK4902 P0900 -902
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STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Marian K. Kan', City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is
a true and correct copy of Ordinance No. 12-4478 which was passed by the City Council of Iowa City,
Iowa, at a regular meeting held on the I" day of May, 2012, is a hue and correct copy, all as the same
appears of record in my office.
Dated at Iowa City, Iowa, this 4th day of May, 2012.
Marian. Karr
E,
City Clerk
\ord
CORPORATE SEAL
410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 • FAX (319) 356 -5009
►6
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ12-
00004)
ORDINANCE NO. 12 -4478
ORDINANCE DESIGNATING 1.25 -ACRES OF LAND LOCATED AT 108 MCLEAN STREET AS AN
IOWA CITY HISTORIC LANDMARK (REZ12- 00004)
WHEREAS, the owner, Parish Apartment LLC, has requested a rezoning of property located at 108
McLean Street to designate the property as an Iowa City Historic Landmark; and
WHEREAS, the Historic Preservation Commission has reviewed and evaluated the significance of the
building located on the property and has determined that it meets the requirements for designation as an
Iowa City Historic Landmark; and
WHEREAS, at a public hearing on March 9, 2012 the Historic Preservation Commission recommending
approval of the subject property as an Iowa City Historic Landmark; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning to designate
the subject property as an Iowa City Historic Landmark: and
WHEREAS, the Planning and Zoning Commission found the proposed designation complies with the
Comprehensive Plan policies that encourage the protection of historic properties.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Property described below is hereby designated as an Iowa City Historic
Landmark:
Retracement Plat of Survey Lots 10, 11, & 12 in Block 3 and part of Lot 6 Block 4, Manville Heights
Addition, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 55, at Page
352, in the records of the Johnson County Recorder's Office, containing 1.25 acres, (54,498 square
feet), and subject to easements and restrictions of record.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the
office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY' If any section, provision or part of the 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 VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 1st day of May, 2012.
MAYOR
ATTEST: "r i° T Y� L-
CI T'j ,UIIRK.
Approved by
�t(CG(GC �d2W4 a
�City Attorney's Office -2 /
CORPORATE SEAL
6f
15
Ordinance No. 12 -4478
Page 2
It was moved by ch amp ion and seconded by Dickens that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
—X _ Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
First Consideration 4/3/2012
Voteforpassage: AYES: Dickens, Dobyns, Hayek, Mims, Throgmorton, Champion.
S
NAY: None. ABSENT: Payne.
Second Consideration 4/17/2012
Voteforpassage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek,
Mims. NAYS: None. ABSENT: None.
Date published 5/10/2012
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........... ............... . .- -
Doc ID: 022524600054 EVEL: GE
Kind: PLANNED HOUSING DEVELOPMENT
Recorded: 05/37/2012 at 01:39:53 PM
Fee Amt: $307.00 Page 1 of 64
Johnson County Iowa
Kim Painter County Recorder
DK4909 PG656 -709
STATE OF IOWA )
) SS
JOHNSON COUNTY )
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I MY of
VAN ck
I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is
a true and correct copy of Ordinance No. 12-4473 which was passed by the City Council of Iowa City,
Iowa, at a regular meeting held on the 3rd day of April, 2012, is a true and correct copy, all as the same
appears of record in my office.
Dated at Iowa City, Iowa, this 17`x' day of May, 2012.
Marian K. Karr
City Clerk
\ord
CORNPOWE SEAL
410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240 -1826 a (319) 356 -5000 • FAX (319) 356 -5009
7 P(-
\U
Prepared by: Robert Mildo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5240 (REZ11-
0017)
ORDINANCE NO. 12 -4473
ORDINANCE TO AMEND THE PLANNED DEVELOPMENT OVERLAY PLAN, THE PENINSULA
NEIGHBORHOOD CODE, AND SENSITIVE AREAS DEVELOPMENT PLAN FOR THE PENINSULA
NEIGHBORHOOD PHASES 3,4 AND 5 LOCATED ON FOSTER ROAD. (REZ11- 00017)
WHEREAS, the applicant, The Peninsula Development Company, has requested amendments to the
Planned Development Overlay (OPD) Plan and Sensitive Areas Development Plan for the Peninsula
Neighborhood to reconfigure lot lines, street design and mix of single - family, row house and multi - family
buildings and amendments to the Peninsula Code to clarify how setbacks for garages are measured, allow
for porches that are half width of a house rather than full width, and allow the eating and drinking
establishments with Live/Work units on Lot 117; and
WHEREAS, the Peninsula Neighborhood OPD Plan allows for the construction of up to 410 dwelling
units as established in the Peninsula Neighborhood Development Agreement; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed amendments to the
Peninsula OPD Plan Sensitive Areas Development Plan and has recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. The amended Peninsula Neighborhood OPD Plan and Sensitive Areas
Development Plan attached hereto and incorporated herein by this reference, and the Peninsula
Neighborhood Code on file in the City Clerk's Office, for the property described below are hereby approved:
Phase 3 and 4: Beginning at the Southwest Corner of Outlot "C" of a Replat of Peninsula
Neighborhood First Addition in accordance with the Plat thereof Recorded in Plat Book 45, at Page
207 of the Records of the Johnson County Recorder's Office and a Point on the Southeasterly Line of
Auditor's Parcel 2001020 in accordance with the Plat thereof Recorded in Plat Book 43 at Page 43 of
the Records of the Johnson County Recorder's Office; Thence N89 "59'01 "W along said Southeasterly
Line, 90.40 feet; Thence S60 046'28 "W, along said Southeasterly Line, 1301.43 feet; Thence
N40 °42'52 "W, 477.83 feet; Thence N25 013'54 "W, 519.90 feet; Thence N64 046'06 "E, 157.06 feet;
Thence NO3 034'52 "W, 95.35 feet, to the Western most corner of Lot 102 of The Peninsula
Neighborhood Phase 2A, in accordance with the Plat thereof Recorded in Plat Book 53, at Page. 136
of the Records of the Johnson County Recorder's Office; Thence S53 °30'11 "E, along the Southerly
Line of said The Peninsula Neighborhood Phase 2A, a distance of 188.30 feet; Thence S70 045'54 "E,
along said Southerly Line, 56.87 feet; Thence S59 028'31 "E, along said Southerly Line, 47.52 feet,
Thence S89 °19'43 "E, along said Southerly Line, 59.10 feel; Thence N73 005'03 "E, along said
Southerly Line 101.10 feet; Thence N64 046'06 "E, 119.17 feet, to the Southeast Corner of Lot 100 of
said The Peninsula Neighborhood Phase 2A, and the Southernmost corner of Lot 54 of The Peninsula
Neighborhood Second Addition, in accordance with the Plat thereof Recorded in Plat Book 46, at
Page 186 of the Records of the Johnson County Recorder's Office; Thence N84 °30'41 "E, along the
Southerly Line of said The Peninsula Neighborhood Second Addition, a distance of 106.48 feet;
Thence S62 013'54 "E, along said Southerly Line, 90.96 feet, Thence S64 °46'22 "W, along said
Southerly Line, 433.45 feet; Thence S25 °13'38 "E, along said Southerly Line, 53.00 feet; Thence
S25 011'37 "E, along said Southerly Line, 102.73 feet; Thence S27 °04'01 "E, along said Southerly Line,
25.01 feet; Thence S29 °13'54 "E, along said Southerly Line, 8.94 feet; Thence N60 046'06 "E, along
said Southerly Line, 53.00 feet; Thence N29 °13'54 "W, along said Southerly Line, 5.23 feet; Thence
N64 046'06 "E, along said Southerly Line, 92.24 feet; Thence S72 °13'54 "E, along said Southerly Line,
11.70 feet; Thence S29 °13'54 "E, along said Southerly Line, 16.27 feet; Thence N60 046'06 "E, along
said Southerly Line, 25.00 feet, Thence N29 013'54 "W, along said Southerly Line, 14.52 feet; Thence
N17 046'06 "E, along said Southerly Line, 10.91 feet, Thence N64 °46'06 "E, along said Southerly Line,
92.26 feet; Thence S29 °14'40 "E, along said Southerly Line, 8.95 feel; Thence N60 °45'20 "E, along
said Southerly Line, 53.00 feet; Thence N29 °14'40 "W, along said Southerly Line, 5.23 feet; Thence
N64 °46'06 "E, along said Southerly Line, 46.35 feet; Thence S62 °13'54 "E, along said Southerly Line,
1u
Ordinance No. 12-4473
Page 2
98.68 feet; Thence S29 013'54 "E, along said Southerly Line, 21.48 feet; Thence N60 °46'06 "E, along
said Southerly Line, 25.00 feet; Thence N60 045'42 "E, along said Southerly Line, 151.52 feet; Thence
N29 014'18 "W, along said Southerly Line, 71.51 feet; Thence N27 046'06 "E, along said Southerly Line,
61.46 feet; Thence S62 °13'54 "E, along said Southerly Line, 250.95 feet; Thence Northeasterly, 83.24
feet, along said Southerly Line on a 54.25 foot radius curve, concave Northwesterly, whose 75.31 foot
chord bears N73 048'58 "E; Thence N29 043'06 "E, along said Southerly Line, 98.82 feet; Thence
N29 051'49 "E, along said Southerly Line, 52.16 feet; Thence S60 008'11 "E, along said Southerly Line,
120.00 feet; Thence S59 058'21 "E, along said Southerly Line, 27.11 feet, to the Southeast Corner of
Lot 35 of said The Peninsula Neighborhood Second Addition, and a Point on the Southerly Line of
said Replat of Peninsula Neighborhood First Addition; Thence S30 °01'39 "W, along said Southerly
Line, 17.53 feet; Thence S60 °08'1 1"E, along said Southerly Line, 191.33 feet; Thence S00 001'28 "W,
along said Southerly Line, 54.60 feet, to the Point of Beginning. Said Tract of Land contains 17.37
Acres, and is subject to easements and restrictions of record.
Phase 5: Lots 1, 2, 3, 4, 5, 6, 7 and 7A of Replat of Peninsula Neighborhood First Addition, Iowa City,
Iowa, in accordance with the Plat thereof recorded in Plat Book 45, at Page 207, in the records of the
Johnson County Recorder's Office: and also: Lots 52 and 53 of The Peninsula Neighborhood Second
Addition, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 46, at Page 186,
in the records of the Johnson County Recorder's Office, containing 2.00 acres and is subject to
easements and restrictions of record.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the
office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the 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 VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 3rd day of April , 2012.
�r
ATTEST: - t2L44
C CLERK
Approved by
�l%i ✓�nwTnl���,,
City Attorney's Office 113112—
Ordinance No. 12 -4473
Page 3
It was moved by Mims and seconded by Dobyns that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek
_x Mims
x Payne
X Tbrogmorton
First Consideration 3/20/2012
Voteforpassage: AYES: Dickens, Dobyns, Mims, Payne, Throgmorton, Champion.
NAYS: None. ABSENT: Hayek.
Second Consideration _
Vote for passage:
Date published 4/12/2012
voo en o�i ors�assagedaE t�oCCou�tc°nl'mee tingseprrior o4�hrelm ering arcwshicri i issnrodoeefinally
?assed be suspended, the second consideration and vote be waived and the ordinance be voted upon
for final passage at this time. AYES: Mims, Throgmorton, Champion, Dickens, Dobyns, Hayek.
AAYS: None. ABSENT: Payne.
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THE PENINSULA
NEIGHBORHOOD CODE
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
Revised March 2012
GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD
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THE PENINSULA NEIGHBORHOOD
COMPONENTS OF THE
PENINSULA NEIGHBORHOOD CODE
The Peninsula Neighborhood is a new neighborhood in Iowa City designed to foster public life through its squares,
tree -lined streets, and front - porched houses while providing for a comfortable private life through the use of careful
standards that ensure a high level of privacy. The development of the Peninsula Neighborhood is governed by the
Peninsula Neighborhood Code, which is designed to achieve those goals in concert with builders working with the
teclmiques and scale of 21" century development.
The Peninsula Neighborhood Code (or "Code ") is enforced by The City of Iowa City (or "The City "). The guiding
documents and maps that comprise the Code are as follows:
• Principles and Regulations (including Definitions and Building Placement Standards)
• The Neighborhood Regulating Plan
• The Sensitive Areas Development Plan (SADP) and Planned Development Overlay Plan (OPD) for The
Peninsula Neighborhood
In order to issue building permits for development within The Peninsula Neighborhood, The City interprets and
enforces the SADP /OPD, the Regulating Plan, and the Principles and Regulations. In carefully chosen instances, the
Principles and Regulations allow for specific deviations from Iowa City's Zoning Ordinance.
Development within The Peninsula Neighborhood is also subject to standards set out in The Peninsula
Neighborhood Covenants and Deed Restrictions, which are themselves privately administered and enforced by the
Developer and his assigns, including The Peninsula Neighborhood Architectural Review Board (or "PNARB ").
The Peninsula Neighborhood Covenants and Deed Restrictions include:
• Architectural Standards
• Landscaping Standards
• Architectural Review Procedures
Before a building permit can be issued for any structure in The Peninsula Neighborhood, The City must have
written confirmation from PNARB that the submitted plans meet the standards of The Peninsula Neighborhood
Covenants and Deed Restrictions.
A. DEFINITIONS
Special definitions are additions or substitutions to the current list of definitions in the City of Iowa City Zoning
Ordinance. Certain terms in the Code are used in very specific ways, often excluding some of the meanings of
common usage. Wherever a word is in SMALL CAPITAL format, consult the definitions for the specific meaning.
B. THE NEIGHBORHOOD REGULATION PLAN
The REGULATING PLAN is the "master plan" for the neighborhood that provides specific information for the
disposition of each property or lot. The Plan also shows how each lot relates to the public spaces (STREETS,
GREENS, parks, etc.), the overall neighborhood and the surrounding environment. The Neighborhood and the
STREET are the "extra value" that makes the Peninsula Neighborhood an extraordinary place to live. For lots in
special locations, there may be additional design guidelines identified on the REGULATING PLAN of each phase
of construction.
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C. THE BUILDING PLACEMENT STANDARDS
The Peninsula Neighborhood BUILDING PLACEMENT STANDARDS establish the basic parameters governing
building form, including the envelope for building placement (in three dimensions) and certain required/permitted
building elements, such as porches, balconies, and fences. The Building Placement Standards establish both the
boundaries within which things may be done -- and specific things that must be done.
The goal of the Peninsula Neighborhood BUILDING PLACEMENT STANDARDS is to shape good public space
and healthy outdoor private space (yards and gardens). They aim for the minimum level of control necessary to
meet that goal. Variances to the Peninsula Neighborhood BUILDING PLACEMENT STANDARDS can be granted
only where the unique physical circumstance of a lot makes compliance impossible. The specific variance must also
meet the conditions of the City of Iowa City Board of Adjustment.
THE PENINSULA NEIGHBORHOOD COVENANTS AND DEED RESTRICTIONS
The development of the Peninsula Neighborhood is also governed by private covenants and deed restrictions, as
mentioned above. Although not part of the City's purview, the intent of these Standards and Procedures is described
here so that the City understands how they will function in relation to the other Standards of the Code:
A. THE ARCHITECTURAL STANDARDS
The goal of the Peninsula Neighborhood Architectural Standards is a coherent and pleasing architectural character
that is appropriate to the Iowa City tradition. The Architectural Standards govern a building's architectural elements
regardless of location and set the parameters for allowable materials, configurations, and construction techniques.
Equivalent or better products than those specified are always encouraged.
B. THE LANDSCAPE STANDARDS
The purpose of the Landscape Standards is to ensure coherent neighborhood-streets and to assist property owners
with understanding the relationship between the street and their own front yards. These Standards set the parameters
for planting and maintenance of trees on or near each lot.
C. THE ARCHITECTURAL REVIEW PROCEDURE
The Peninsula Neighborhood Architectural Review Board (the BOARD, or "PNARB ") is established to administer
an ARCHITECTURAL REVIEW PROCEDURE to execute this authority and to protect the value of lots and
houses in the Peninsula Neighborhood. It is the responsibility of the BOARD to review architectural and landscape
plans for compliance with The Peninsula Neighborhood Covenants & Deed Restrictions and to provide design
guidance when necessary. The BOARD shall be solely responsible for interpreting and enforcing The Peninsula
Neighborhood Covenants & Deed Restrictions regarding architectural and landscape standards, as well as any other
standards not otherwise addressed and regulated by the City of Iowa City.
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
THE PENINSULA NEIGHBORHOOD
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DEFMTIONS
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The following definitions are additions or substitutions to the current list of definitions in the City of Iowa City
Zoning Ordinance for use with this Code. Certain terms in the Code are used in very specific ways, often excluding
some of the meanings of common usage. Wherever a word is printed in SMALL CAPITAL LETTERS, it is being
used as defined herein.
ACCESSORY UNIT
A dwelling unit on a single - family lot incidental to the primary residence and no greater than 650 square feet ill
size. (Note: This definition diersfrom the Definition of "Accessory Apartments" in the City Zoning Ordinance).
ALLEY
The open public Right of Way at the rear of lots that provides access to vehicle parking spaces (e.g., garages),
utility meters and garbage bins. The ALLEY Right of Way is generally 25 feet. (Note: This definition differs from
the Definition of "Alley" in the City Zoning Ordinance. See also COMMONDRIVE.
BACKYARD
All unbuilt portions of the lot excluding the FRONT YARD. (Note. This definition differs from the Definition of
"Rear Yard" in the City Zoning Ordinance).
BAY WINDOW
A generally U shaped enclosure, extending the interior space of the building outward of the exterior BUILDING
WALL. Projection not greater than 30 inches beyond the RSBL; walls and windows shall be between 90 degrees
(perpendicular) and 0 degrees (parallel) relative to the primary wall they spring from. Within any Code - required
FRONT PORCH, BAY WINDOWS shall not occupy more than 5 feet of the width of nor project more than 30 inches
into the FRONT PORCH. Note that these limitations apply only to projections beyond the RSBL and to structures
within Code - required FRONT PORCHES (and not to porches outside of or in excess of the Code FRONT PORCH
requirements).
BUILDABLE AREA
The area of the lot within which buildings will sit. The BUILDABLE AREA sets the limits of the building footprint
now and in the future -- additions must be within the BUILDABLE AREA. This provides for future growth in a
manner consistent with the Peninsula Neighborhood's Quality of Life goals. The BUILDABLE AREA is illustrated
in and set by the BUILDING PLACEMENT STANDARDS. (Note: This definition differs from the Definition of
"Buildable Area" in the City Zoning Ordinance).
BUILDING PLACEMENT STANDARDS
The BUILDING PLACEMENT STANDARDS (BPS) establish the basic parameters governing building
construction. This includes the envelope for building placement (in 3 dimensions) and certain required/permitted
building elements, such as porches, balconies and fences.
CIVIC GREEN, SQUARE
PUBLIC SPACES located within the neighborhood, as designated on the REGULATING PLAN. The CMC
GREEN is a primarily unpaved, formally configured, small public lawn or park. The SQUARE may be paved,
appropriate to a more highly trafficked area. Both shall have not less than 60% of their tract perimeter fronting
Rights of Ways and shall be surrounded by canopy STREET TREES. Their tract dimensions shall be no thinner than a
1:4 ratio, with a minimum tract dimension of 25 feet. Situated at prominent locations within the neighborhood and
often dedicated to important events or citizens, CIVIC GREENS and SQUARES may contain play equipment but shall
not include ball fields and courts.
COMMON DRIVE
A shared access easement (for two or more lots) typically found on EDGE LOTS. COMMON DRIVES may also be
placed to encompass adjacent utility easements. COMMON DRIVES shall be as configured on the REGULATING
PLAN. See also ALLEY.
COMMON LOT LINES
Lot lines shared by private lots, generally side lot lines.
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CONSERVATION LINE
A line established to guarantee the preservation of the Peninsula's natural areas and slopes and to preserve the views
from EDGE LOT houses. Land beyond the CONSERVATION LINE shall not be built upon, paved, driven on, re- graded
or otherwise disturbed.
CORNER LOT
A lot in which one side lot line is adjacent to a STREET. Where a PRIVACY BUILDING LINE (PBL) is located on the
side adjacent to the STREET, the PRIVACY SIDE restrictions on windows do not apply. Special building placement,
fencing, and landscape requirements may also apply.
DORMERS
Dormers are small roofed ancillary structures with windows providing light and air to occupiable space within the
roof. Dormers are permitted and do not constitute a STOREY so long as they do not break the primary eaves line, and
are individually less than 15 feet wide and are collectively not more than 50% of their respective facade.
EAVE, MAIN EAVES, OR EAVE HEIGHT
Used for measuring permitted building heights, the MAIN EAVES are the eaves of the primary roof of the building.
EDGE LOT
A lot located on the perimeter of the neighborhood whose rear lot line faces and/or is within the Peninsula
conservation area.
FRONTPORCH
The ground floor platform attached to the front or STREET or REQUIRED STREET BUILDING LINE (RSBL) side of the
main building. (A FRONT PORCH may have a single ground floor platform or two platforms stacked at the ground
and second story levels.) Required FRONT PORCHES, as defined in the BUILDING PLACEMENT STANDARDS, must be
roofed and enclosed by posts that extend up to the roof and shall not be otherwise enclosed except with balustrades
(railings) and insect screening.
FRONT YARD
The area of the lot from the STREET FRONTAGE to the enclosed portion of the building wall. This area is
contiguous with the STREET, and includes the FRONT PORCH. (Note: This definition differs from the Definition
in the City Zoning Ordinance).
FRONT YARD FENCE
The wood (picket) or wrought iron fence or masonry wall, between 30 and 40 inches in height, located within the
FRONT YARD (generally 1 foot behind & parallel to the property line of private lots and also along COMMON
LOT LINES to a point at least 10 feet back from the REQUIRED STREET BUILDING LINE (RSBL).
GARDEN WALL
This may take the basic form of a FRONT YARD or a PRIVACY FENCE depending on its height and placement
A garden wall shall allow no view through its surface.
OPEN SIDE
Where applicable, the side of the house and lot opposite the PRIVACY SIDE and PRIVACY BUILDING LINE
(PBL). There are no window restrictions on the OPEN SIDE, and a minimum setback is used, rather than a
REQUIRED BUILDING LINE. The OPEN SIDE of the house has no privacy restrictions because the windows on
the adjacent side of the neighboring house are restricted by PRIVACY -SIDE MANNERS (See PBL below).
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PEDESTRIAN PATHWAY
PEDESTRIAN PATHWAYS are interconnecting paved walkways that provide pedestrian and bicycle passage
through blocks running from STREET to STREET, ALLEYS or interior block parking areas. The easement width
for these pathways shall be between 10 and 25 feet and the paved. walkway between 6 and 12 feet, except where
specifically noted on the REGULATING PLAN, and shall provide an unobstructed view through their length.
PENINSULA NEIGHBORHOOD ARCHITECTURAL REVIEW BOARD (BOARD OR PNARB)
The PENINSULA NEIGHBORHOOD ARCHITECTURAL REVIEW BOARD (BOARD or PNARB) is a group of
individuals created by The Peninsula Neighborhood Covenants & Deed Restrictions. The PNARB is established to
administer and enforce the architectural and landscape standards for new construction and future building
modifications, as well as certain portions of the BUILDING PLACEMENT STANDARDS within the Code not
otherwise enforced by the City of Iowa City.
PRIVACY BUILDING LINE (PBL)
The PBL is the required side building line for lots where designated on the REGULATING PLAN. The building
must be built -to at least one point on the PBL, between four feet (4') and six (6') from one side lot line. Windows
are restricted on this side of the building. The PBL is set consistently along a given STREET, allowing houses to
open to the other, OPEN SIDE yard. See also PRIVACY -SIDE MANNER.
PRIVACY FENCE
Fences and hedges along COMMON DRIVES, ALLEYS and COMMON LOT LINES, may be as high as eight (g)
feet above the adjacent ground provided that they are at least 10 feet behind the REQUIRED STREET BUILDING
LINE (RSBL). Within 10 feet of the RSBL only a FRONT YARD FENCE is permitted (see the BPS Siting
Specifications for limited exceptions to this rule for CORNER LOTS). Wire fences shall have a hardy species of
hedge or climbing vine planted along them (Consult the TOWN ARCHITECT).
PRIVACY SIDE MANNERS
The Peninsula Neighborhood Covenants & Deed Restrictions have codified Charleston, South Carolina's urban
tradition of "North -Side Manners" into PRIVACY -SIDE MANNERS to provide a high level of privacy and a more
comfortable relation between adjacent houses on medium and small lots. See also PRIVACY BUILDING LINE
and refer to The Peninsula Neighborhood Covenants & Deed Restrictions for specific information.
PUBLIC SPACE
Property (STREETS, ALLEYS, CIVIC GREENS, SQUARES and parks) within the public domain and physically
within the neighborhood within which citizens may exercise their rights.
REGULATING PLAN
The REGULATING PLAN is the "master plan" for the neighborhood that provides specific information for the
disposition of each lot. The REGULATING PLAN specifies the BUILDING PLACEMENT STANDARD for each
lot and shows how each building contributes to the larger neighborhood, as well as the arrangement of PUBLIC
SPACE in relation to private space. There may be additional requirements for specific lots noted on the
REGULATING PLAN.
REQUIRED STREET BUILDING LINE (RSBL)
The RSBL is the required building line (a requirement, not a permissive minimum as in a set-back), generally seven
(7) feet from the STREET FRONTAGE unless otherwise designated on the REGULATING PLAN. The building
(generally the FRONT PORCH) must be built -to (coincident with) or within 3 feet behind the RSBL. The RSBL for
each lot is shown on the REGULATING PLAN.
REQUIRED STREET BUILDING LINE 2 (RSBL2)
A required build -to line for certain EDGE LOTS. Where a RSBL2 is shown on the REGULATING PLAN, the
FRONT PORCH is optional. Buildings with no FRONT PORCH shall be built -to the RSBL2 for at least 40% of the
RSBL2 width.
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SIDEWING
The portion of a building extending along a side lot line toward the ALLEY or COMMON DRIVE or garage. This
optional portion may be built initially or as a later addition. The SIDEWING sits within the BUILDABLE AREA of
the lot as shown in the BUILDING PLACEMENT STANDARDS.
STOOP
An entry platform on the RSBL side of a building. STOOPS, where required by the BUILDING PLACEMENT
STANDARDS, may be roofed but they may not be enclosed.
STREET, STREET FRONTAGE, AND SIDE STREET
1. STREET includes all PUBLIC SPACE (STREETS, SQUARES, GREENS, parks) -- but not COMMON
DRIVES or ALLEYS.
2. STREET FRONTAGE refers to the lot line coincident with the STREET.
3. The SIDE STREET is the STREET of the longer lot line, generally with the lesser Right of Way along it.
STREET TREE
A deciduous canopy tree as listed in the STREET TREE list that accompanies the REGULATING PLAN. STREET
TREES are of a hardy species, large enough to form a street canopy with sufficient clear trunk to allow traffic to
pass under unimpeded.
STREET TREE ALIGNMENT LINE
A generally straight line that STREET TREES are to be planted along. This alignment is parallel with the STREET
and is set four (4) feet back from the curb, unless otherwise specified in the REGULATING PLAN.
STREETSCAPE
This term refers to the various components that make up the STREET, both in the Right of Way and on private lot
frontages. It includes pavement, parking spaces, planting areas, STREET TREES, streetlights, sidewalks, FRONT
YARD FENCES, FRONT YARDS, FRONT PORCHES, etc.
TOWN ARCHITECT
The TOWN ARCHITECT is an Urban Designer, familiar with New Urbanist principles and with the Peninsula
Neighborhood development, who will work with builders and property owners to show how the Peninsula
Neighborhood Code can satisfy their building needs in a cost efficient manner.
The role of the TOWN ARCHITECT has been established to administer an ARCHITECTURAL REVIEW procedure for
the development of properties within the Peninsula Neighborhood. It is the responsibility of the TOWN ARCHITECT
to review architectural and landscape plans for compliance with The Peninsula Neighborhood Covenants & Deed
Restrictions and to provide design guidance when necessary. The TOWN ARCHITECT shall be responsible for
interpreting and enforcing The Peninsula Neighborhood Covenants and Deed Restrictions regarding architectural
and landscape standards, as well as any other standards not otherwise addressed and regulated by the City.
The TOWN ARCHITECT will make recommendations to the City prior to and including consideration of Final
Development Plans or modifications of Final Development Plans prior to issuance of building permit, The TOWN
ARCHITECT will work on design solutions to meet handicapped access needs within the Peninsula Neighborhood
Code prescriptions and, where necessary, will recommend appropriate minor variations to be approved by city to
accommodate accessibility.
"WHERE CLEARLY VISIBLE FROM THE STREET "
Many requirements of this Code apply only where the subject is "clearly visible from the STREET." Note that the
definition of STREET includes parks, CIVIC GREENS, SQUARES, and all public areas except ALLEYS or COMMON
DRIVES. A building element more than 30 feet from the RSBL (for example, items along a COMMON LOT LINE 31
feet away from a RSBL) is by definition NOT Clearly Visible from the STREET. The intent is to restrict control to the
public realm where it has significance and limit public interference in the private realm.
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THE PENINSULA NEIGHBORHOOD
THE PENINSULA NEIGHBORHOOD
REGULATING PLAN
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UNDERSTANDING THE REGULATING PLAN
As the principal tool for implementing the Peninsula Neighborhood Master Plan, the REGULATING PLAN
identifies the basic physical characteristics of each lot and the type of building assigned to it. It also identifies the
type and placement of STREET TREES on each STREET, as well as identified parking spaces.
A Preliminary REGULATING PLAN is submitted as part of the Preliminary Plat. The Landscape Plan is part of the
REGULATING PLAN as it defines STREET TREE placement. The illustration below explains the elements of the
REGULATING PLAN and will be useful as a reference when examining the plan.
UNDERSTANDING THE REGULATING PLAN
ED STREET BUILDING LINE (RSBL)
,m the RSBL unless otherwise noted)
1 YOUR LOT NUMBER
10)
YOUR BUILDING TYPE
Estate Site
Peninsula House Site
Cottage Site
Cottage Flats Site
Bun olow Site
Live /Work Mixed Use Site
Rowhouse Site
Small Apartment House Site
ARE YOUR PROPERTY LINES
TREES (Planted by the Developer)
LIGHTS
ZEET PARKING
A final REGULATING PLAN will be submitted with the final plat application for each development phase of the
Peninsula Neighborhood. The exact placement of lot lines, trees and parking spaces in the final plan may differ by a
few degrees or feet, but the basic configuration of the plan will not change.
Handicapped Access: The TOWN ARCHITECT will work on design solutions to meet handicapped access needs
within the Peninsula Neighborhood Code prescriptions and, where necessary, will recommend appropriate minor
variations to be approved by the City to accommodate accessibility needs. These variations may take the form of
mechanical lifts, conventional ramps, and other techniques as appropriate to the circumstance and available
technology. With the approval of the TOWN ARCHITECT such ramps and devices may project past the RSBL and
OPEN SIDE setbacks.
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BUILDING PLACEMENT STANDARDS
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INTRODUCTION
The Neighborhood REGULATING PLAN identifies the BUILDING PLACEMENT STANDARDS for all lots. The
goal of the BUILDING PLACEMENT STANDARDS is good STREET form and desirable outdoor private space
(yards and gardens). They aim for the minimum level of control necessary to meet that goal. Variances to the
BUILDING PLACEMENT STANDARDS can be granted only where the unique physical circumstance of a lot
makes compliance impossible. The specific variance must also meet the conditions of the City of Iowa City Board
of Adjustment.
The BUILDING PLACEMENT STANDARDS set the basic parameters governing building construction, including
the building envelope (in three dimensions) and certain required/permitted elements, such as porches, balconies, and
fences. The STANDARDS specify building types that will be built within the Neighborhood.
GENERAL GUIDING PRINCIPLES
1. BUILDINGS ARE ALIGNED AND CLOSE TO THE STREET.
Buildings form the space of the STREET. Building facades are aligned as a simple plane along the STREET.
2. BUILDINGS FORM AND PROTECT PRIVATE OPEN SPACE.
Whether a yard, garden or courtyard, private open space is an important complement to the public space of the
neighborhood.
3. BUBLDms HAVE FRONT PORCHES OR BALCONIES.
This overview of the STREET contributes to healthful STREETS and safe neighborhoods, while serving as a buffer between
the house interior and STREET activity.
4. BUILDBNGS ARE DESIGNED FOR TOWNS.
Rather than being simply pushed closer together, as in many suburban developments, buildings must be designed for their
close siting within towns and cities. Views are directed to the STREET and the BACK YARD, not toward the neighbors.
5. PROPERTY LINES ARE PHYSICALLY DEFINED BY FENCES, HEDGES OR GARDEN WALLS.
Land should be clearly public orprivare -in public view or private and protected.
6. VEHICLE STORAGE, GARBAGE AND MECHANICAL EQUIPMENT IS AWAY FROM THE STREET.
Access to garages shall be from the ALLEY or COMMON DRIVE. Where garages must be front- loaded, they shall be set at
least 20 feet behind the front plane of the heated space of the house.
These principles define the goal and intent of the Peninsula Neighborhood Code. Refer to the following BUILDING
PLACEMENT STANDARDS for the specific requirements for each building site.
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THE PENINSULA NEIGHBORHOOD
BUILDING PLACEMENT STANDARD
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The principal building shall be between 12 and 35 It to its Eaves. The
accessory building shall be no more than 18 ft to its Eaves.
The first floor finished elevation shall be between 30 and 60 inches above the
average RSBL elevation.
The principal building shall be Buill -To or within 3' behind the REQUIRED
STREET BUILDING LINE (RSBL). For EDGE LOTS designated on the
REGULATING PLAN with a RSBL2 the FRONT PORCH is optional and
buildings without FRONT PORCHES shall be Buill -To the RSBL2. The
minimum side Setbacks are 4 ft (one side) and loft (both sides combined).
The REGULATING PLAN may designate a required PRIVACY BUILDING
LINE (PBL) 4 It off one COMMON LOT LINE (generally the North or Bast).
The garage, parking for vehicles shall be kept within the designated Garage -
Parking area (except for EDGE LOTS where the garage door (and/or parking
area) shall be at least 20 ft behind the front of the porch or front building wall
if there is no pooh or below grade). Any designated COMMON DRIVE
easements shall be respected -- corlsult with the TOWN ARCHITECT.
A FRONT PORCH, minimum 8 ft deep with a width no less than 40% of the
building width (not to include any Side Street frontage), is required along the
RSBL. For EDGE LOTS with a RSBL2 (see the REGULATING PLAN) the
FRONT PORCH is optional.
A PRIVACY FENCE, maximum 8 ft in height, may mn the remainder of the
rear and COMMON LOT LINES (except within the FRONT YARD area
which may only Have a FRONT YARD FENCE).
Residential, Bed and Breakfast Homestay, and Home Occupation (by right
subject to Iowa City Zoning Regulations) uses are pennitted.
Parking, occupant's workshop, Home Occupation, and Accessory Unit uses
are permitted in the buildable area at the rear of the lot. (Enclosed, below
grade parking is permitted adjacent to the RSBL as well.)
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SPECIFICATIONS: ESTATE HOUSE SITES
HEIGHT SPECIFICATIONS:
Principal building height is measured from the highest REQUIRED STREET BUILDING LINE (RSBL) elevation
(ALLEY or COMMON DRIVE frontage for accessory buildings) to the main eaves or other point specified on the
BUILDING PLACEMENT STANDARD (BPS). FENCE and GARDEN WALL heights are measured from
adjacent sidewalk (within 5 feet); when not fronting a sidewalk, heights are relative to the adjacent ground. On
EDGE LOTS, height for accessory buildings will be measured relative to the adjacent ground elevation on the
STREET side of the accessory building.
SITING SPECIFICATIONS:
1. The building(s) shall occupy only the specified (hatched) area of the lot. No parts of the buildings (excepting
overhanging eaves, BAY WINDOWS (not more than 30 "), steps (not more than 72 ") and chimneys (not more
than 30 "), garden trellises and other light unroofed garden structures) shall occupy the remaining lot area.
2. No parts of any building excepting overhanging eaves, BAY WINDOWS (not more than 30 "), steps (not more
than 72 ") and chimneys (not more than 30 ") shall encroach past the RSBL toward the STREET.
3. The building (the FRONT PORCH) shall be built -to or within 3' behind the specified RSBL for at least 40% of
the building width. For EDGE LOTS, with an RSBL2, the FRONT PORCH is optional. Buildings with no
FRONT PORCH shall be built -to the RSBL2 for at least 40% of the RSBL2 width. That portion of the building
shall be composed as a simple plane (limited facade jogs less than 24" and porches, STOOPS, BAY
WINDOWS, and balconies are considered to be within this "a simple plane" requirement). For non - rectangular
lots the percentage minimum shall be measured against the narrowest lot width within the BUILDABLE
AREA for the primary building (not to include the buildable area for any SIDE WING or accessory building).
4. At least 35% of the lot area, and all required side setbacks, shall remain open and unpaved and not be built
upon (nor used for parking) except for overhanging eaves, cantilevered balconies, BAY WINDOWS, stoops,
decks, chimneys, and additionally in the BACK YARD only gazebos, green houses and steps except where
otherwise specified in the Code.
5. The Garage /parking setback shall be measured from the ALLEY ROW or the COMMON DRIVE edge of
pavement except where noted otherwise on the REGULATING PLAN.
CORNER LOTS:
1. The SIDE STREET RSBL shall be built -to either by the building wall and/or PORCH for not less than 50% of
its length. That portion of the building wall shall be composed as a simple plane (limited jogs as listed above in
Siting Specifications are considered "a simple plane" within this requirement) When a wrap - around PORCH is
used; the building wall may step forward to the RSBL at the termination of the PORCH.
2. The fence requirements for CORNER LOTS additionally allow, where the lot OPEN SIDE fronts a SIDE
STREET, a PRIVACY FENCE along that FRONT AGE as a substitute for the required FRONT YARD
FENCE. This PRIVACY FENCE shall begin no closer than 20 feet from the corner (ROW intersection) of the
frontage STREET.
Lots where RSBL is curved: The required FRONT PORCH (or building facade along RSBL2 for edge lots with no
porch requirement) shall be aligned on a tangent to a curve. Where the lot face is convex to the porch the porch shall
touch the RSBL at 2 points (where concave it shall touch at 1 point).
ELEMENTS SPECIFICATIONS:
1. All lots bordering an ALLEY or COMMON DRIVE shall use the ALLEY or COMMON DRIVE as the sole
means of automobile access to the parking areas, unless otherwise approved by the City.
2. Garage doors shall not face (be at an angle of less than 90 degrees from) the RSBL unless if they are located at
least 50 feet back from the RSBL, and parking areas (unenclosed) shall not be located within 20 feet of the
STREET unless hidden by a GARDEN WALL.
3. For EDGE LOTS designated on the REGULATING PLAN with a second REQUIRED STREET BUILDING
LINE (RSBL2), both the FRONT PORCH and FRONT YARD FENCE are optional. The principal building facade
(enclosed portion) shall be built -to this RSBL2.
HOME OCCUPATIONS: Home occupations are permitted subject to Zoning Regulations.
ACCESSORY UNITS: Accessory units are permitted by right. For such units, the owner of the principal structure shall
occupy at least one (1) of the units. Conversion of primary structure single - family units for multiple family uses is
prohibited.
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
16
�w
THE PENINSULA NEIGHBORHOOD
BUILDING PLACEMENT STANDARD
fOY
PENINSULA HOUSE SITES
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
17
�v
1.
`R]
3D - 60 In
TrIE PENINSULA NEIGHBORHOOD
Peninsula House Sites
PRIVACY PRICE
8 Fr MA%
- I
Re'N- 'RSBL RS6L2
f°--1
".
properly Unas l
.
FT ,
p�
�I
y�(�
EAVE HEIGHT
35 FT 11A%
--I
Camman
Ya 11
`R]
3D - 60 In
TrIE PENINSULA NEIGHBORHOOD
Peninsula House Sites
PRIVACY PRICE
8 Fr MA%
- I
t--i
W
Cj]
Req.h.d Street Bu3dinyy Une 2Po,p1h.r;- I
as des'gnaled an the Reg.Pt°n
1:
Re'N- 'RSBL RS6L2
f°--1
".
properly Unas l
.
FT ,
_
r,— — - -h—
--I
Camman
Ya 11
DUtlIBLE I
IaAWUM 4DE 5616ACK
or Alley ROW
now
xmEAn��
66I fr —I
nnpY�4RV1J
SLOT /REA
I`1
'�
BWIMAI
j
F AlS rI AYA
i I
Al1H4 32 FT
3D FART
�'_4
V)
E
vinKtiEC
6£raAgf
TI
T
t--i
W
Cj]
Req.h.d Street Bu3dinyy Une 2Po,p1h.r;- I
as des'gnaled an the Reg.Pt°n
1:
—Y �aa,
The principal building shall be between 12 and 35 R to its Eaves.
The accessory building shall be no more than 18 R to its Eaves.
Any FRONT YARD FENCE shall be between 30 and 40 inches in height.
The first floor finished elevation shall be between 30 and 60 inches above the
average RSBL elevation.
The first story shall have at least 9 feet clear height for 80% of its area. The
second floor shall have at least 8 feet clear height for 80% of its area.
The principal building shall be Built -To or within 3' behind the REQUIRED
STREET BUILDING LINE (RSBL). For EDGE LOTS with an RSBL2
designated on the Regulating Plan, the FRONT PORCH is optional and the
facade of buildings without FRONT PORCHES shall be Built -To the RSBL2.
The minimum side Setback is 4 R (one side).
The garage, parking for vehicles (autos, trailers, boats, etc.) shall be kept
within the designated Garage-Parking area (except for EDGE LOTS where the
garage door (and or parking area) sball be set at least 20 ft behind the front
building wall or below grade). Any designated COMMON DRIVE easements
shall be respected -- consult with the TOWN ARCHITECT,
A FRONT PORCH, between 8 ft and 14 It deep with a width no less than 40%
of tine building width, (not to include any SIDE STREET frontage), is required.
For designated EDGE LOTS (see the REGULATING PLAN) the FRONT
PORCH is optional.
The REGULATING PLAN may designate a required Privacy Building line
(PBL) 4 R off the COMMON LOT LINE (generally North or East).
A PRIVACY FENCE, maximum 8 R in height, may ran the remainder of the
rear and COMMON LOT LINES (except within the FRONT YARD area
which may only have a FRONT YARD FENCE).
Residential, Bed and Breakfast Honnestay, and Home Occupation (by right
subject to Iowa City Zoning Regulations) uses are permitted.
Parking, occupant's workshop, Home Occupation, and Accessory Unit uses are
permitted in the buildable area at the rear of the lot. (Enclosed, below grade
parking is permitted adjacent to the RSBL as well.)
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
18
\1J
O/O
FRONT
FT ,
PRIVACY PENCE
8 FT MAX
—Y �aa,
The principal building shall be between 12 and 35 R to its Eaves.
The accessory building shall be no more than 18 R to its Eaves.
Any FRONT YARD FENCE shall be between 30 and 40 inches in height.
The first floor finished elevation shall be between 30 and 60 inches above the
average RSBL elevation.
The first story shall have at least 9 feet clear height for 80% of its area. The
second floor shall have at least 8 feet clear height for 80% of its area.
The principal building shall be Built -To or within 3' behind the REQUIRED
STREET BUILDING LINE (RSBL). For EDGE LOTS with an RSBL2
designated on the Regulating Plan, the FRONT PORCH is optional and the
facade of buildings without FRONT PORCHES shall be Built -To the RSBL2.
The minimum side Setback is 4 R (one side).
The garage, parking for vehicles (autos, trailers, boats, etc.) shall be kept
within the designated Garage-Parking area (except for EDGE LOTS where the
garage door (and or parking area) sball be set at least 20 ft behind the front
building wall or below grade). Any designated COMMON DRIVE easements
shall be respected -- consult with the TOWN ARCHITECT,
A FRONT PORCH, between 8 ft and 14 It deep with a width no less than 40%
of tine building width, (not to include any SIDE STREET frontage), is required.
For designated EDGE LOTS (see the REGULATING PLAN) the FRONT
PORCH is optional.
The REGULATING PLAN may designate a required Privacy Building line
(PBL) 4 R off the COMMON LOT LINE (generally North or East).
A PRIVACY FENCE, maximum 8 R in height, may ran the remainder of the
rear and COMMON LOT LINES (except within the FRONT YARD area
which may only have a FRONT YARD FENCE).
Residential, Bed and Breakfast Honnestay, and Home Occupation (by right
subject to Iowa City Zoning Regulations) uses are permitted.
Parking, occupant's workshop, Home Occupation, and Accessory Unit uses are
permitted in the buildable area at the rear of the lot. (Enclosed, below grade
parking is permitted adjacent to the RSBL as well.)
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
18
\1J
THE PENINSULA NEIGHBORHOOD
SPECIFICATIONS: PENINSULA HOUSE SITES
HEIGHT SPECIFICATIONS:
Principal building height is measured from the highest REQUIRED STREET BUILDING LINE (RSBL) elevation
(ALLEY or COMMON DRIVE frontage for accessory buildings) to the main eaves or other point specified on the
BUILDING PLACEMENT STANDARD (BPS). FENCE and GARDEN WALL heights are measured from
adjacent sidewalk (within 5 feet); when not fronting a sidewalk, heights are relative to the adjacent ground
elevation. On EDGE LOTS, height for accessory buildings will be measured relative to the adjacent ground
elevation on the STREET side of the accessory building.
SITING SPECIFICATIONS:
I. The building(s) shall occupy only the specified (]latched) area of the lot. No parts of the buildings (excepting
overhanging eaves, BAY WINDOWS (not more than 30 "), steps (not more than 72 ") and chimneys (not more
than 24 "), garden trellises and other light unroofed garden structures) shall occupy the remaining lot area.
2. No parts of any building excepting overhanging eaves, BAY WINDOWS (not more than 30 "), steps (not more
than 72 ") and chimneys (not more than 24 ") shall encroach past the RSBL.
3. The building (tire FRONT PORCH) shall be built -to or within 3' behind the specified RSBL for at least 40% of
the building width. For EDGE LOTS, with an RSBL2, the FRONT PORCH is optional. Buildings with no
FRONT PORCH shall be built -to the RSBL2 for at least 40% of the RSBL2 width. That portion of the building
shall be composed as a simple plane (limited facade jogs less than 24" and porches, chimneys (not more than
24 "), STOOPS, BAY WINDOWS, and balconies are considered to be within this "a simple plane"
requirement). For nor - rectangular lots the % minimum shall be measured against the narrowest lot width
within the buildable area for the primary building (not to include the buildable area for any SIDE WING or
accessory building).
4. At least 35% of the lot area, and all required side setbacks, shall remain open and unpaved and not be built
upon (nor used for parking) except for overhanging eaves, cantilevered balconies, stoops, BAY WINDOWS,
decks, chirmreys, and additionally in the BACK YARD only, decks, gazebos, green houses and steps except
where otherwise specified in the Code.
5. The Garage /parking setback shall be measured from the ALLEY ROW or the COMMON DRIVE edge of
pavement except where noted otherwise on the REGULATING PLAN.
CORNER LOTS:
I. The side street RSBL shall be built -to either by the building wall and/or porch for not less than 50% of its
length. That portion of the building wall shall be composed as a simple plane (limited jogs as listed above in
Siting Specifications are considered "a simple plane" within this requirement) When a wrap- around porch is
used; the building wall may step forward to the RSBL at the termination of the porch.
2. The fence requirements for comer lots additionally allow, where the open side of a lot fiorts a side street, a
privacy fence along that frontage as a substitute for the required front yard fence. This privacy fence shall begin
no closer than 20 feet from the comer (ROW intersection) of the frontage street.
Lots where RSBL is cured: The required FRONT PORCH (or building facade along RSBL2 for edge lots with no
porch requirement) shall be aligned on a tangent to a curve. Where the lot face is convex to the porch, the porch
shall touch the RSBL at 2 points (where concave it shall touch all point).
ELEMENTS SPECIFICATIONS:
1. All lots bordering an ALLEY or COMMON DRIVE shall use the ALLEY or COMMON DRIVE as the sole
means of autonnobile access to the parking areas, unless otherwise approved by the City.
2. Garage doors shall not face the RSBL (they must be at an angle of not less than 90 degrees from the RSBL)
unless they are located at least 50 feet back from the RSBL. Unenclosed parking areas shall not be located
within 20 feet of the STREET unless hidden by a GARDEN WALL.
3. For EDGE LOTS designated on the REGULATING PLAN with a second REQUIRED STREET BUILDING
LINE (RSBL2) both the FRONT PORCH and FRONT YARD FENCE are optional. The principal building
facade (enclosed portion) shall be built -to this RSBL2.
HOME OCCUPATIONS: Home occupations are permitted subject to Zoning Regulations.
ACCESSORY UNITS: Accessory units are permitted by right. For such units, the owner of the principal structure shall
occupy at least one (1) of the units. Conversion of primary structure single - family units for multiple family uses is
prohibited.
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
19
`V
THE PENINSULA NEIGHBORHOOD
UILDING PLACEMENT STANDARD
for
COTTAGE SITES
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
20
�u
L
M
C/J
Q�
W
THE PENINSULA NEIGHBORHOOD
Cottage Sites
ONE STOREY
P'."ny Lines
PRIVACY FFEACE
RSOL
-+-'
8 Fr NAk
FJNI0UN
CAVE HEIGHT
I
OPEN SCE EE MACK
M4NMUV
35 FL A {Ax
12 FT A11!
I
SOC%It:C
ACCESSORY
aDILOING
r
15
EA\t 1 {EIG4{i
Hf{TNrEAYE
s rT VAX
L LOAat
5 'S
v
%ITHIlI
ITH
1
R
GARACE
ONE STOREY
P'."ny Lines
e FT NIA X I�
RSOL
-+-'
ENCOURAGED)
FJNI0UN
Co
I
OPEN SCE EE MACK
M4NMUV
An,
or AIIeyIRO '(I
GUILOARL
OPEN CA
J!
%1
rT
S'OE
L LOAat
5 'S
S, OIL
oYE A 1 OILY
%IMN ]1 Er
%ITHIlI
ITH
1
R
GARACE
I
SEHOA
RSBL —«-� _
("
_ _ _ _ _ _
tPEWIREO I
_
PRIVACY Prop.lnes
9aAONG LINE (PBl
ONE STOREY
FRONT PORCH
REO
e FT NIA X I�
(TWO sroa[rs
STOREYS
rz Fr PAX
ENCOURAGED)
e
PRIVACY FENCE
9 FT IAA%
FENCE
0 -40
ti
RESIDENTIAL
HOME OCC.
M IDEM1Ai. ARIUNG
HOMEOCCUPA lum `- —, RESIDENTIAL
ACC. UNIT
WORKSHOP
\.. � \
Y.ey Jul eVUJ
The principal building shall be between 12 and 35 It to its Eaves.
The accessory building shall be no more than 18 fl to its Eaves.
Any SIDEIVING shall be no more than 15 0 to its Eaves.
The FRONT YARD FENCE shall be between 30 and 40 inches in
height.
The FRONT PORCH floor elevation shall be between 28 and 60 inches
above the average RSBL elevation.
The first story shall have at least 9 feet clear height for 80% of its area.
The second floor shall have at least 8 feet clear height for 80% of its
area.
The principal building shall be Built- To or within 3" behind the REQUIRED
STREET BUILDING LINE (RSBL), as designated on the
REGULATING PLAN.
The minimum side Setback is 4 R
The REGULATING PLAN May designate a required PRIVACY
BUILDING LINE (PBL) 4 feet off one COMMON LOT LINE
(generally North or East).
The garage, vehicle parking (autos, hailers, boats, etc.) shall be kept
within the designated Garage- Parking area. (Enclosed, below grade
parking is permitted adjacent to the RSBL as well.)
A FRONT PORCH, between 8 R and 12 ft deep with a width equal
to no less than 50% of the building width (not to include any SIDE
STREET
frontage), is required along the RSBL.
A PRIVACY FENCE, between 6 and 8 It in height, shall run the
remainder of the rear and COMMON LOT LINES (except within the
FRONT YARD area which may only have a FRONT YARD FENCE).
Residential, Bed and Breakfast Honrestay, and ]ionic Occupation (by
right subject to Iowa City Zoning Regulations) uses are permitted.
Parking, occupant's workshop, Home Occupation, and ACCESSORY
UNIT uses are permitted in the buildable area at the rear of the lot.
(Enclosed, below grade parking is permitted adjacent to the RSBL as
well)
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
21
\V
THE PENINSULA NEIGHBORHOOD
SPECIFICATIONS: COTTAGE SITES
HEIGHT SPECIFICATIONS:
Principal building height is measured from the highest REQUIRED STREET BUILDING LINE (RSBL) elevation
(ALLEY or COMMON DRIVE frontage for accessory buildings) to the main eaves or other point specified on the
BUILDING PLACEMENT STANDARD (BPS). FENCE and GARDEN WALL heights are measured from
adjacent sidewalk (within 5 feet); when not fronting a sidewalk, heights are relative to the adjacent ground
elevation. On EDGE LOTS, height for accessory buildings will be measured relative to the adjacent ground
elevation on the STREET side of the accessory building.
SITING SPECIFICATIONS:
1. The buildings shall occupy only the specified (hatched) area of the lot. No parts of the buildings (excepting
overhanging eaves, BAY WINDOWS (not more than 30 "), steps (not more than 72 ") and chimneys (not more
than 24 ") garden trellises and other light and unroofed garden structures) shall occupy the remaining lot area.
2. No parts of any buildings excepting overhanging eaves, BAY WINDOWS (not more than 30 "), steps (not more
than 72 ") and chimneys (not more than 24 ") shall encroach past the RSBL
3. The building (the FRONT PORCH) shall be built -to or within 3' behind the specified RSBL for at least 50% of
the building width. That portion of the building shall be composed as a simple plane (limited facade jogs less
than 24" and porches, and chimneys (not more than 24 "), STOOPS, BAY WINDOWS, and balconies are
considered to be "a simple plane" within this requirement). For non - rectangular lots the 50% minimum shall be
measured against the narrowest lot width within the buildable area for the primary building (not to include the
buildable area for any SIDE WING or accessory building).
4. The SIDE STREET RSBL shall be built -to either by the building wall and/or PORCH for not less than 50% of
its length. That portion of the building wall shall be composed as a simple plane (limited jogs, as listed above in
Siting Specifications, are considered "a simple plane" within this requirement). When a wrap- around PORCH
is used; the building wall may step forward to the RSBL at the termination of the PORCH.
5. At least 25% of the lot area, and all required side setbacks, shall remain open and unpaved and not be built
upon (nor used for parking) except for overhanging eaves, cantilevered balconies, stoops, BAY WINDOWS
(not more than 30 "), chimneys (not more than 30 "), wood decks, and in the rear only, gazebos, green houses
and steps except where otherwise specified in the Code.
6. The Garage /parking setback shall be measured from the ALLEY ROW or the COMMON DRIVE edge of
pavement except where noted otherwise on the REGULATING PLAN.
7. Lots where the RSBL is curved: the required FRONT PORCH shall be aligned on a tangent to the curve.
Where the lot face is convex to the porch the porch shall touch the RSBL at 2 points (where concave it shall
touch at 1 point).
CORNER LOTS: The fence requirements additionally allow a PRIVACY FENCE along the SIDE STREET
FRONTAGE as a substitute for the required FRONT YARD FENCE. This PRIVACY FENCE shall begin no closer
than 20 feet from the comer (ROW intersection) of the frontage STREET
ELEMENTS SPECIFICATIONS:
1. All lots bordering an ALLEY shall use the ALLEY as the sole means of automobile access, unless otherwise
approved by the City.
2. Garage doors shall not face the RSBL. They must be at all angle of not less than 90 degrees from the RSBL.
Unenclosed parking areas shall not be located within 20 feet of the STREET unless hidden by a GARDEN
WALL.
HOME OCCUPATIONS: Home occupations are permitted subject to Zoning Regulations.
ACCESSORY UNITS: ACCESSORY UNITS are permitted by right. For such units, the owner of the principal structure
shall occupy at least one (1) of the units. Conversion of primary structure single- family units for multiple family
uses is prohibited.
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
22
M
TIE PENINSULA NEIGHBORHOOD
BUILDING PLACEMENT STANDARD
for
COTTAGE FLATS SITES
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
23 JU
THE PENINSULA NEIGHBORHOOD
COTTAGE FLATS SITES
PRIVACY FTYMAXVGE
_.._ I
I PmperLy Lln<s
1_ RSBL 1'
^� NM..MNUY OPEN SDE SE10Aq( C.,
or N
Nw,wu 0.\��
• rl �
E
V1 E
i �
�V-)
?-1
Q�
I--�1
w
\REWIRIo PRIVncY I o � ..
ONE STOREY
>^'?
FROM PORCH
1\"/11N1
EAVE HEIGHT
35 fr MAY
12 COIN
12 fi COIN
g fT MIN --I
STS
(Mb STOREYS
12 R MAX
ENCOURAGED)
Q.�
P FENCE
8 FT
8 FT MAX
THE PENINSULA NEIGHBORHOOD
COTTAGE FLATS SITES
PRIVACY FTYMAXVGE
_.._ I
I PmperLy Lln<s
1_ RSBL 1'
^� NM..MNUY OPEN SDE SE10Aq( C.,
or N
Nw,wu 0.\��
• rl �
E
V1 E
i �
�V-)
?-1
Q�
I--�1
w
\REWIRIo PRIVncY I o � ..
The principal building shall be between 12 and 35 ft to its Eaves.
The accessory building shall be no more than 18 it to its Eaves.
Any SIDENING shall be no more than 15 ft to its Eaves.
The FRONT YARD FENCE Strait be between 30 and 40 inches in
height.
The FRONT PORCH floor elevation shall be between 28 and 60
inches above the average RSBL elevation.
The first and second stories Shall have at least 9 feet clear
height for not less than 75 % of their area.
The principal building shall be Buill -To or within 3' behind the
REQUIRED STREET BUILDING LINE (RSBL), as designated
on the REGULATING PLAN. The mildmum side Setback is 4 ft.
The REGULATING PLAN may designate a required PRIVACY
BUILDING LINE (PBL) 4 feet off one COMMON LOT LINE
(generally North or East).
The garage, vehicle parking (autos, trailers, boats, etc.) shall be
kept within the designated Garage- Parking area and! or enclosed
and below grade.
A FRONT PORCH, between 8 It and 12 ft deep with a width no
less than 50% of the building width (not to include any SIDE
STREET frontage), is required along the RSBL.
A PRIVACY FENCE, between 6 and 8 It in height, shall run the
remainder of tine rear and COMMON LOT LINES (except within
the FRONT YARD area which may only have a FRONT YARD
FENCE).
Residential, Bed and Breakfast Honnestay, and Home Occupation
(by night subject to Iowa City Zoning Regulations) uses are
pennitted.
Parking, occupant's workshop, Home Occupation, and
ACCESSORY UNIT uses are permitted in the buildable area at the
rear of the lot. (Enclosed, below grade parking is pennitted
adjacent to the RSBL as well.)
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
24
1V
ONE STOREY
FROM PORCH
RE
g fT MIN --I
STS
(Mb STOREYS
12 R MAX
ENCOURAGED)
P FENCE
8 FT
8 FT MAX
FENCE
30 -40 in
Noy 30, 2003
The principal building shall be between 12 and 35 ft to its Eaves.
The accessory building shall be no more than 18 it to its Eaves.
Any SIDENING shall be no more than 15 ft to its Eaves.
The FRONT YARD FENCE Strait be between 30 and 40 inches in
height.
The FRONT PORCH floor elevation shall be between 28 and 60
inches above the average RSBL elevation.
The first and second stories Shall have at least 9 feet clear
height for not less than 75 % of their area.
The principal building shall be Buill -To or within 3' behind the
REQUIRED STREET BUILDING LINE (RSBL), as designated
on the REGULATING PLAN. The mildmum side Setback is 4 ft.
The REGULATING PLAN may designate a required PRIVACY
BUILDING LINE (PBL) 4 feet off one COMMON LOT LINE
(generally North or East).
The garage, vehicle parking (autos, trailers, boats, etc.) shall be
kept within the designated Garage- Parking area and! or enclosed
and below grade.
A FRONT PORCH, between 8 It and 12 ft deep with a width no
less than 50% of the building width (not to include any SIDE
STREET frontage), is required along the RSBL.
A PRIVACY FENCE, between 6 and 8 It in height, shall run the
remainder of tine rear and COMMON LOT LINES (except within
the FRONT YARD area which may only have a FRONT YARD
FENCE).
Residential, Bed and Breakfast Honnestay, and Home Occupation
(by night subject to Iowa City Zoning Regulations) uses are
pennitted.
Parking, occupant's workshop, Home Occupation, and
ACCESSORY UNIT uses are permitted in the buildable area at the
rear of the lot. (Enclosed, below grade parking is pennitted
adjacent to the RSBL as well.)
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
24
1V
vQ�
vl
CNTIAL
HOMUE ROC OCCUPATIONS
RESIDENTIAL ARKING
HOMCOCCUPAi Ions -- - --___ ACC WNT
WORKSHOP
Noy 30, 2003
The principal building shall be between 12 and 35 ft to its Eaves.
The accessory building shall be no more than 18 it to its Eaves.
Any SIDENING shall be no more than 15 ft to its Eaves.
The FRONT YARD FENCE Strait be between 30 and 40 inches in
height.
The FRONT PORCH floor elevation shall be between 28 and 60
inches above the average RSBL elevation.
The first and second stories Shall have at least 9 feet clear
height for not less than 75 % of their area.
The principal building shall be Buill -To or within 3' behind the
REQUIRED STREET BUILDING LINE (RSBL), as designated
on the REGULATING PLAN. The mildmum side Setback is 4 ft.
The REGULATING PLAN may designate a required PRIVACY
BUILDING LINE (PBL) 4 feet off one COMMON LOT LINE
(generally North or East).
The garage, vehicle parking (autos, trailers, boats, etc.) shall be
kept within the designated Garage- Parking area and! or enclosed
and below grade.
A FRONT PORCH, between 8 It and 12 ft deep with a width no
less than 50% of the building width (not to include any SIDE
STREET frontage), is required along the RSBL.
A PRIVACY FENCE, between 6 and 8 It in height, shall run the
remainder of tine rear and COMMON LOT LINES (except within
the FRONT YARD area which may only have a FRONT YARD
FENCE).
Residential, Bed and Breakfast Honnestay, and Home Occupation
(by night subject to Iowa City Zoning Regulations) uses are
pennitted.
Parking, occupant's workshop, Home Occupation, and
ACCESSORY UNIT uses are permitted in the buildable area at the
rear of the lot. (Enclosed, below grade parking is pennitted
adjacent to the RSBL as well.)
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
24
1V
THE PENINSULA NEIGHBORHOOD
SPECIFICATIONS: COTTAGE FLAT SITES
HEIGHT SPECIFICATIONS:
Principal building height is measured from the highest REQUIRED STREET BUILDING LINE (RSBL) elevation
(ALLEY or COMMON DRIVE frontage for accessory buildings) to the main eaves or other point specified on the
BUILDING PLACEMENT STANDARD (BPS). FENCE and GARDEN WALL heights are measured from
adjacent sidewalk (within 5 feet); when not fronting a sidewalk, heights are relative to the adjacent ground
elevation. On EDGE LOTS, height for accessory buildings will be measured relative to the adjacent ground
elevation on the STREET side of the accessory building.
SITING SPECIFICATIONS:
I. The buildings shall occupy only the specified (hatched) area of the lot. No parts of the buildings (excepting
overhanging eaves, BAY WINDOWS (not more than 30 "), steps (trot more than 72 ") and chimneys (not more
than 24 ") garden trellises and other light and unroofed garden structures) shall occupy the remaining lot area.
2. No parts of any buildings excepting overhanging eaves, BAY WINDOWS (not more than 30 "), steps (not more
than 72 ") and chimneys (not more than 24 ") shall encroach past the RSBL
3. The building (the FRONT PORCH) shall be built -to or within 3' behind the specified RSBL for at least 50% of
the building width. That portion of the building shall be composed as a simple plane (limited facade jogs less
than 24" and porches, and chimneys (not more than 24 "), STOOPS, BAY WINDOWS, and balconies are
considered to be "a simple plane" within this requirement). For non - rectangular lots the 50% minimum shall be
measured against the narrowest lot width within the buildable area depth for the primary building (not to
include the buildable area for any SIDE WING or accessory building).
4. The SIDE STREET RSBL shall be built -to either by the building wall and/or PORCH for not less than 50% of
its length. That portion of the building wall shall be composed as a simple plane (limited jogs, as listed above in
Siting Specifications, are considered "a simple plane" within this requirement). When a wrap - around PORCH
is used; the building wall may step forward to the RSBL at the termination of the PORCH.
5. At least 25% of the lot area, and all required side setbacks, shall remain open and unpaved and not be built
upon (nor used for parking) except for overhanging eaves, cantilevered balconies, stoops, BAY WINDOWS
(not more than 30 "), chimneys (not more than 2430 "), wood or decks, and in the rear only, gazebos, green
houses and steps except where otherwise specified in the Code.
G. The Garage /parking setback shall be measured from the ALLEY ROW or the COMMON DRIVE edge of
pavement except where noted otherwise on the REGULATING PLAN.
7. Lots where the RSBL is curved: the required FRONT PORCH shall be aligned on a tangent to the curve.
Where the lot face is convex to the porch the porch shall touch the RSBL at 2 points (where concave it shall
touch at 1 point).
CORNER LOTS: Tire fence requirements additionally allow a PRIVACY FENCE along the SIDE STREET
FRONTAGE as a substitute for the required FRONT YARD FENCE. This PRIVACY FENCE shall begin no
closer than 20 feet from the corner (ROW intersection) of the frontage STREET.
ELEMENTS SPECIFICATIONS:
1. All lots bordering an ALLEY shall use the ALLEY as the sole means of automobile access, unless otherwise
approved by the City.
2. Garage doors shall not face the RSBL. They must be at an angle of not less than 90 degrees from the RSBL.
Unenclosed parking areas shall not be located within 20 feet of the STREET unless hidden from the street by a
garden wall.
HOME OCCUPATIONS: Home occupations are permitted subject to Zoning Regulations.
HOUSING UNITS: Two dwelling units, within the principle building envelope restrictions of the COTTAGE FLATS
SITES BUILDING ENVELOPE STANDARDS, are permitted by right.
ACCESSORY UNITS: ACCESSORY UNITS are permitted by right. For such units, an owner shall occupy at least one (I)
of the units. Conversion of primary structure two - family units for multiple family uses is prohibited.
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
25 ,V
THE PENINSULA NEIGHBORHOOD
.BUILDING PLACEMENT STANDARD
for
TOWNHOUSE SITES
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
26
N •�
0
W
r
THE PENINSULA NEIGHBORHOOD
Townhouses
M4y JU, emi
Theptincipal building shall be between 18 ft and 35 ft to its Eaves.
The accessory building shall be no more than 18 ft to its Eaves.
Any Sidewing shalt be no more than 15 ft to its Eaves.
The Front Porch floor elevation shall be between 28 and 60 inches above
the fronting RSBL elevation.
The first story shall have at least 9 feet clear height for 80% of its area.
The second floor shall have at least 8 feet clear height for 80% of its area.
For each unit: the FRONT PORCH shall be Built -To or within Y behind the
REQUIRED STREET BUILDING LINE (RSBL).
SIDEwING area construction shall be Built-To the PRIVACY BUILDING
LINE (PBL) (generally the North or East side).
The unit width shall be between 18 ft and 30 ft. A maximum of 6 wets
shall comprise one building. There shall be a minimum IOft gap between
buildings where multiple buildings are built (except where otherwise
designated on the REGULATING PLAN).
The garage, vehicle parking (autos, trailers, boats, etc.) shall be kept
within the designated Garage- Parking area (and/or as designated on the
REGULATING PLAN or enclosed and below grade).
A FRONT PORCH is required for each unit.
The FRONT PORCH, between 8 ft and 12 ft deep with a width no less
than 50% of the unit width (not to include any SIDE STREET RSBL),
Shall
be Built -to the REQUIRED STREET BUILDING LINE (RSBL).
PRIVACY FENCING, between 6 and 8 ft in height, shall be placed
along any unbuilt rear and COMMON LOT LINES (excluding
Rowhouse sites with no BACK YARD or courtyard area).
Residential, Home Occupation, and Bed and Breakfast Homestay uses
are permitted on all floors.
Ground Floor and Basement space may additionally include
Neighborhood Cormnercial uses by right (see attached Specifications).
Parking, occupant's workshop, Home Occupations, and Accessory Unit
x500 Sq Ft) uses are pennitted in the buildable area at the rear of the lot.
(Enclosed, below grade parking is pennitted adjacent to the RSBL as
well.)
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
27
\\S
PRIVACY FENCE
12 FT MAX
PORCH
B FT VAX
EAE HEIGHT
15 Fr IAA%
IB FT rN
Hs
(
ACCESSORY
PARKING
15E T CA
5 FT CAVE
EAVE HEIGHT
ACC.UNu
WORKSHOP
IB Fi MAX
HORIEOCC.
d
28 60 ie;nm
Pro'
M4y JU, emi
Theptincipal building shall be between 18 ft and 35 ft to its Eaves.
The accessory building shall be no more than 18 ft to its Eaves.
Any Sidewing shalt be no more than 15 ft to its Eaves.
The Front Porch floor elevation shall be between 28 and 60 inches above
the fronting RSBL elevation.
The first story shall have at least 9 feet clear height for 80% of its area.
The second floor shall have at least 8 feet clear height for 80% of its area.
For each unit: the FRONT PORCH shall be Built -To or within Y behind the
REQUIRED STREET BUILDING LINE (RSBL).
SIDEwING area construction shall be Built-To the PRIVACY BUILDING
LINE (PBL) (generally the North or East side).
The unit width shall be between 18 ft and 30 ft. A maximum of 6 wets
shall comprise one building. There shall be a minimum IOft gap between
buildings where multiple buildings are built (except where otherwise
designated on the REGULATING PLAN).
The garage, vehicle parking (autos, trailers, boats, etc.) shall be kept
within the designated Garage- Parking area (and/or as designated on the
REGULATING PLAN or enclosed and below grade).
A FRONT PORCH is required for each unit.
The FRONT PORCH, between 8 ft and 12 ft deep with a width no less
than 50% of the unit width (not to include any SIDE STREET RSBL),
Shall
be Built -to the REQUIRED STREET BUILDING LINE (RSBL).
PRIVACY FENCING, between 6 and 8 ft in height, shall be placed
along any unbuilt rear and COMMON LOT LINES (excluding
Rowhouse sites with no BACK YARD or courtyard area).
Residential, Home Occupation, and Bed and Breakfast Homestay uses
are permitted on all floors.
Ground Floor and Basement space may additionally include
Neighborhood Cormnercial uses by right (see attached Specifications).
Parking, occupant's workshop, Home Occupations, and Accessory Unit
x500 Sq Ft) uses are pennitted in the buildable area at the rear of the lot.
(Enclosed, below grade parking is pennitted adjacent to the RSBL as
well.)
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
27
\\S
STOREY
12 FT MAX
PORCH
HOMEOCC.
PRIVACY FEMCE
PARKING
r/
ACC.UNu
WORKSHOP
HORIEOCC.
M4y JU, emi
Theptincipal building shall be between 18 ft and 35 ft to its Eaves.
The accessory building shall be no more than 18 ft to its Eaves.
Any Sidewing shalt be no more than 15 ft to its Eaves.
The Front Porch floor elevation shall be between 28 and 60 inches above
the fronting RSBL elevation.
The first story shall have at least 9 feet clear height for 80% of its area.
The second floor shall have at least 8 feet clear height for 80% of its area.
For each unit: the FRONT PORCH shall be Built -To or within Y behind the
REQUIRED STREET BUILDING LINE (RSBL).
SIDEwING area construction shall be Built-To the PRIVACY BUILDING
LINE (PBL) (generally the North or East side).
The unit width shall be between 18 ft and 30 ft. A maximum of 6 wets
shall comprise one building. There shall be a minimum IOft gap between
buildings where multiple buildings are built (except where otherwise
designated on the REGULATING PLAN).
The garage, vehicle parking (autos, trailers, boats, etc.) shall be kept
within the designated Garage- Parking area (and/or as designated on the
REGULATING PLAN or enclosed and below grade).
A FRONT PORCH is required for each unit.
The FRONT PORCH, between 8 ft and 12 ft deep with a width no less
than 50% of the unit width (not to include any SIDE STREET RSBL),
Shall
be Built -to the REQUIRED STREET BUILDING LINE (RSBL).
PRIVACY FENCING, between 6 and 8 ft in height, shall be placed
along any unbuilt rear and COMMON LOT LINES (excluding
Rowhouse sites with no BACK YARD or courtyard area).
Residential, Home Occupation, and Bed and Breakfast Homestay uses
are permitted on all floors.
Ground Floor and Basement space may additionally include
Neighborhood Cormnercial uses by right (see attached Specifications).
Parking, occupant's workshop, Home Occupations, and Accessory Unit
x500 Sq Ft) uses are pennitted in the buildable area at the rear of the lot.
(Enclosed, below grade parking is pennitted adjacent to the RSBL as
well.)
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
27
\\S
STOREY
12 FT MAX
PORCH
HOMEOCC.
PRIVACY FEMCE
PARKING
FT MIN
a, FT MAX
ACC.UNu
WORKSHOP
HORIEOCC.
M4y JU, emi
Theptincipal building shall be between 18 ft and 35 ft to its Eaves.
The accessory building shall be no more than 18 ft to its Eaves.
Any Sidewing shalt be no more than 15 ft to its Eaves.
The Front Porch floor elevation shall be between 28 and 60 inches above
the fronting RSBL elevation.
The first story shall have at least 9 feet clear height for 80% of its area.
The second floor shall have at least 8 feet clear height for 80% of its area.
For each unit: the FRONT PORCH shall be Built -To or within Y behind the
REQUIRED STREET BUILDING LINE (RSBL).
SIDEwING area construction shall be Built-To the PRIVACY BUILDING
LINE (PBL) (generally the North or East side).
The unit width shall be between 18 ft and 30 ft. A maximum of 6 wets
shall comprise one building. There shall be a minimum IOft gap between
buildings where multiple buildings are built (except where otherwise
designated on the REGULATING PLAN).
The garage, vehicle parking (autos, trailers, boats, etc.) shall be kept
within the designated Garage- Parking area (and/or as designated on the
REGULATING PLAN or enclosed and below grade).
A FRONT PORCH is required for each unit.
The FRONT PORCH, between 8 ft and 12 ft deep with a width no less
than 50% of the unit width (not to include any SIDE STREET RSBL),
Shall
be Built -to the REQUIRED STREET BUILDING LINE (RSBL).
PRIVACY FENCING, between 6 and 8 ft in height, shall be placed
along any unbuilt rear and COMMON LOT LINES (excluding
Rowhouse sites with no BACK YARD or courtyard area).
Residential, Home Occupation, and Bed and Breakfast Homestay uses
are permitted on all floors.
Ground Floor and Basement space may additionally include
Neighborhood Cormnercial uses by right (see attached Specifications).
Parking, occupant's workshop, Home Occupations, and Accessory Unit
x500 Sq Ft) uses are pennitted in the buildable area at the rear of the lot.
(Enclosed, below grade parking is pennitted adjacent to the RSBL as
well.)
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
27
\\S
RESIDENTIAL
HOMEOCC.
RE6IOENTL\L
HOME OCC.
PARKING
N00H.COMM,
ACC.UNu
WORKSHOP
HORIEOCC.
M4y JU, emi
Theptincipal building shall be between 18 ft and 35 ft to its Eaves.
The accessory building shall be no more than 18 ft to its Eaves.
Any Sidewing shalt be no more than 15 ft to its Eaves.
The Front Porch floor elevation shall be between 28 and 60 inches above
the fronting RSBL elevation.
The first story shall have at least 9 feet clear height for 80% of its area.
The second floor shall have at least 8 feet clear height for 80% of its area.
For each unit: the FRONT PORCH shall be Built -To or within Y behind the
REQUIRED STREET BUILDING LINE (RSBL).
SIDEwING area construction shall be Built-To the PRIVACY BUILDING
LINE (PBL) (generally the North or East side).
The unit width shall be between 18 ft and 30 ft. A maximum of 6 wets
shall comprise one building. There shall be a minimum IOft gap between
buildings where multiple buildings are built (except where otherwise
designated on the REGULATING PLAN).
The garage, vehicle parking (autos, trailers, boats, etc.) shall be kept
within the designated Garage- Parking area (and/or as designated on the
REGULATING PLAN or enclosed and below grade).
A FRONT PORCH is required for each unit.
The FRONT PORCH, between 8 ft and 12 ft deep with a width no less
than 50% of the unit width (not to include any SIDE STREET RSBL),
Shall
be Built -to the REQUIRED STREET BUILDING LINE (RSBL).
PRIVACY FENCING, between 6 and 8 ft in height, shall be placed
along any unbuilt rear and COMMON LOT LINES (excluding
Rowhouse sites with no BACK YARD or courtyard area).
Residential, Home Occupation, and Bed and Breakfast Homestay uses
are permitted on all floors.
Ground Floor and Basement space may additionally include
Neighborhood Cormnercial uses by right (see attached Specifications).
Parking, occupant's workshop, Home Occupations, and Accessory Unit
x500 Sq Ft) uses are pennitted in the buildable area at the rear of the lot.
(Enclosed, below grade parking is pennitted adjacent to the RSBL as
well.)
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
27
\\S
THE PENINSULA NEIGHBORHOOD
SPECIFICATIONS: TOWNHOUSE SITES
HEIGHT SPECIFICATIONS: Principal building height is measured from the highest REQUIRED STREET BUILDING
LINE (RSBL) elevation (ALLEY or COMMON DRIVE frontage for accessory buildings) to the main eaves or
other point specified on the BUILDING PLACEMENT STANDARD (BPS). FENCE and GARDEN WALL
heights are measured from adjacent sidewalk (within 5 feet); when not fronting a sidewalk, heights are relative to
the adjacent ground elevation. On EDGE LOTS, height for accessory buildings will be measured relative to the
adjacent ground elevation on the STREET side of the accessory building.
SITING SPECIFICATIONS:
1. The buildings shall occupy only the specified (hatched) area of the lot. No part of any building (excepting
overhanging eaves, BAY WINDOWS (not more than 30 "), steps (not more than 72 ") and chimneys (not more
than 24 ") garden trellises and other light unroofed garden structures) shall occupy the remaining lot area.
2. No parts of any building excepting overhanging eaves, BAY WINDOWS, steps (not more than 72 ") and
chirmneys (not more than 24 ") shall encroach past the RSBL.
3. Each unit of the building (its FRONT PORCH) shall be built -to or within 3' feet behind the RSBL for at least 50%
of the unit's width (measured on a per -unit basis). That portion of the building facade shall be composed as a
simple plane (limited facade jogs less than 24" and PORCHES, BAY WINDOWS (not more than 30 "deep),
chimreys (not more than 24 "), STOOPS, and balconies are considered to be "a simple plane" within this
requirement).
4. The SIDE STREET RSBL shall be built -to either by the building wall and/or PORCH for not less than 65% of
its length. That portion of the building wall shall be composed as a simple plane (limited facade jogs as listed
above in Siting Specifications are considered to be "a simple plane" within this requirement) When a wrap-
around PORCH is used; the building wall may step forward to the RSBL at the termination of the PORCH.
5. NON - RECTANGULAR LOT MEASUREMENTS: the unit width parameters and PORCH minimums shall be
measured at the mid -point of the buildable area depth for the primary building (not to include the buildable area
for any SIDE WING or accessory building).
6. At least 15% of the lot area, and all required side setbacks, shall remain open and not be built upon except for
overhanging eaves, BAY WINDOWS (not more than 30 "deep), chimneys (not more than 30 "), STOOPS,
cantilevered balconies, stoops, wood or composite decks and steps except where otherwise specified in the
Code.
7. Garage /parking setback shall be measured from the nearest ALLEY ROW or the COMMON DRIVE edge of
pavement except where noted otherwise on the REGULATING PLAN.
8. CORNER LOTS: The fence requirements for CORNER LOTS additionally allow, where the OPEN SIDE of a lot
fronts a SIDE STREET, a PRIVACY FENCE along that FRONT AGE as a substitute for the required FRONT
YARD FENCE. This PRIVACY FENCE shall begin no closer than 20 feet from the comer (ROW intersection)
of the frontage STREET.
9. Lots where the RSBL is curved: the FRONT PORCH or facade shall be aligned on a tangent to the curve.
Where the lot face is convex to the porch the porch shall touch the RSBL at 2 points (where concave it shall
touch at I point).
ELEMENTS SPECIFICATIONS: 1) All lots bordering an ALLEY or COMMON DRIVE shall use the ALLEY or
COMMON DRIVE as the sole means of automobile access to designated parking spaces, unless otherwise approved
by the City. 2) Garage doors shall not face the RSBL. They must be at an angle of not less than 90 degrees from the
RSBL. Unenclosed parking areas shall not be located within 20 feet of the STREET unless hidden by a GARDEN
WALL or enclosed and below grade.
NEIGHBORHOOD COMMERCIAL USES: The following uses are permitted by right: 1) Retail or personal service
establishments limited to the ground floor space within the existing structure. 2) Adult or child care homes. 3) Bed
and Breakfast Homestays. 4) Offices limited to dental practices, general medical practices, insurance, real estate or
travel agencies, accounting practices and law offices, limited to ground floor space within the existing structure.
PARKING: Iowa City Zoning Code Section 14 -5A -5 H.4.i. restricting the number of parking spaces that may back
onto an ALLEY, may be waived if the site plan demonstrates to the satisfaction of the Building Official that parking
spaces are configured so as not to impede traffic on the ALLEY. Off- street parking spaces for Neighborhood
Commercial Uses are not required for the first 1500 square feet of floor area. Any Neighborhood Commercial Use
that exceeds 1500 square feet of floor area shall be required to provide parking spaces according to Section 14 -5A -4
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
28 \�
THE PENINSULA NEIGHBORHOOD
for the area in excess of 1500 square feet of floor area unless a reduction of required number of off - street parking
spaces is granted per Section 14 -5A -4 F.
HOME OCCUPATIONS: Home occupations are permitted subject to Zoning Regulations.
ACCESSORY UNITS: Accessory units are permitted by right. For such units, the owner of the principal stricture
shall occupy at least one (1) of the units. Conversion of primary structure single - family units for multiple family
uses is prohibited.
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
29 1lp
THE PENINSULA NEIGHBORHOOD
BUILDING PLACEMENT STANDARD
for
ROWHOUSE SITES
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
30
`kj
THE PENINSULA NEIGHBORHOOD
Rowhouse Sites
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The principal building shall be between 18 ft and 35 ft to its Eaves.
The accessory building shall be no more than 18 it to its Eaves.
Any SIDENVING shall be no more than 15 ft to its Eaves.
The FRONT PORCH or STOOP finished floor elevation shall be between
28 and 60 inches above the average fronting RSBL elevation.
The first story shall have at least 9 feet clear height for 80% of its area.
The second floor shall have at least 8 feet clear height for 80% of its area.
For each unit Either the FRONT PORCH or, on buildings without FRONT
PORCHES, the building facade shall be Built -To within 3' behind the
REQUIRED STREET BUILDING LINE (RSBL).
SIDENING area construction shall be Baill -To the PRIVACY BUILDING
LINE (PBL) (generally the North or East side).
The unit width shall be between 18 11 and 30 ft. A maximum of 6 units
shall comprise one building. There shall be a minimum 1011 gap between
buildings where multiple buildings are built (except where otherwise
designated on the REGULATING PLAN).
The garage, vehicle parking (autos, trailers, boats, etc.) shall be kept
within the designated Garage- Parking area (and/or as designated on
the REGULATING PLAN or enclosed and below Grade).
• FRONT PORCH or STOOP is required for each writ.
• FRONT PORCH, between 8 ft and 12 ft deep with a width no less than
50% of the unit width (not to include may SIDE STREET RSBL, shall be
built -to the REQUIRED STREET BUILDING LINE (RSBL). A STOOP
not more than 5 ft deep and 6 ft wide (parallel to the RSBL) plus steps
shall be built forward of the RSBL.
PRIVACY FENCING, between 6 and 8 ft in height, shall be placed along
any unbuilt rear and COMMON LOT LINES (excluding Rowhouse sites
with no BACK YARD or courtyard area).
Residential, Home Occupation, and Bed and Breakfast Honrestay
uses are permitted on all floors.
Ground Flom' and Basement space pray additionally include
Neighborhood Commercial uses by right (see attached
Specifications).
Parking, occupant's workshop, Home Occupations, and Accessory
Unit a500 Sq Ft) uses are permitted in the buildable area at the
rear of the lot. (Enclosed, below grade parking is permitted
adjacent to the RSBL as well.)
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
31 1�p
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HOME OCC.
DIVIDABLy
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OPEN —
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The principal building shall be between 18 ft and 35 ft to its Eaves.
The accessory building shall be no more than 18 it to its Eaves.
Any SIDENVING shall be no more than 15 ft to its Eaves.
The FRONT PORCH or STOOP finished floor elevation shall be between
28 and 60 inches above the average fronting RSBL elevation.
The first story shall have at least 9 feet clear height for 80% of its area.
The second floor shall have at least 8 feet clear height for 80% of its area.
For each unit Either the FRONT PORCH or, on buildings without FRONT
PORCHES, the building facade shall be Built -To within 3' behind the
REQUIRED STREET BUILDING LINE (RSBL).
SIDENING area construction shall be Baill -To the PRIVACY BUILDING
LINE (PBL) (generally the North or East side).
The unit width shall be between 18 11 and 30 ft. A maximum of 6 units
shall comprise one building. There shall be a minimum 1011 gap between
buildings where multiple buildings are built (except where otherwise
designated on the REGULATING PLAN).
The garage, vehicle parking (autos, trailers, boats, etc.) shall be kept
within the designated Garage- Parking area (and/or as designated on
the REGULATING PLAN or enclosed and below Grade).
• FRONT PORCH or STOOP is required for each writ.
• FRONT PORCH, between 8 ft and 12 ft deep with a width no less than
50% of the unit width (not to include may SIDE STREET RSBL, shall be
built -to the REQUIRED STREET BUILDING LINE (RSBL). A STOOP
not more than 5 ft deep and 6 ft wide (parallel to the RSBL) plus steps
shall be built forward of the RSBL.
PRIVACY FENCING, between 6 and 8 ft in height, shall be placed along
any unbuilt rear and COMMON LOT LINES (excluding Rowhouse sites
with no BACK YARD or courtyard area).
Residential, Home Occupation, and Bed and Breakfast Honrestay
uses are permitted on all floors.
Ground Flom' and Basement space pray additionally include
Neighborhood Commercial uses by right (see attached
Specifications).
Parking, occupant's workshop, Home Occupations, and Accessory
Unit a500 Sq Ft) uses are permitted in the buildable area at the
rear of the lot. (Enclosed, below grade parking is permitted
adjacent to the RSBL as well.)
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
31 1�p
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STOOP c[
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FR Cut PORCH
R FT MAX
REQUIRED
RESIDENTIAL
(TWO STOREYS
HOME OCC.
Et CEO)
PRIVACY FENCE
NEIGH. COMM,
6 FT MIN
8 FT MAX
wo.RRSHOP
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HOMEOCC.
may AU, euue
The principal building shall be between 18 ft and 35 ft to its Eaves.
The accessory building shall be no more than 18 it to its Eaves.
Any SIDENVING shall be no more than 15 ft to its Eaves.
The FRONT PORCH or STOOP finished floor elevation shall be between
28 and 60 inches above the average fronting RSBL elevation.
The first story shall have at least 9 feet clear height for 80% of its area.
The second floor shall have at least 8 feet clear height for 80% of its area.
For each unit Either the FRONT PORCH or, on buildings without FRONT
PORCHES, the building facade shall be Built -To within 3' behind the
REQUIRED STREET BUILDING LINE (RSBL).
SIDENING area construction shall be Baill -To the PRIVACY BUILDING
LINE (PBL) (generally the North or East side).
The unit width shall be between 18 11 and 30 ft. A maximum of 6 units
shall comprise one building. There shall be a minimum 1011 gap between
buildings where multiple buildings are built (except where otherwise
designated on the REGULATING PLAN).
The garage, vehicle parking (autos, trailers, boats, etc.) shall be kept
within the designated Garage- Parking area (and/or as designated on
the REGULATING PLAN or enclosed and below Grade).
• FRONT PORCH or STOOP is required for each writ.
• FRONT PORCH, between 8 ft and 12 ft deep with a width no less than
50% of the unit width (not to include may SIDE STREET RSBL, shall be
built -to the REQUIRED STREET BUILDING LINE (RSBL). A STOOP
not more than 5 ft deep and 6 ft wide (parallel to the RSBL) plus steps
shall be built forward of the RSBL.
PRIVACY FENCING, between 6 and 8 ft in height, shall be placed along
any unbuilt rear and COMMON LOT LINES (excluding Rowhouse sites
with no BACK YARD or courtyard area).
Residential, Home Occupation, and Bed and Breakfast Honrestay
uses are permitted on all floors.
Ground Flom' and Basement space pray additionally include
Neighborhood Commercial uses by right (see attached
Specifications).
Parking, occupant's workshop, Home Occupations, and Accessory
Unit a500 Sq Ft) uses are permitted in the buildable area at the
rear of the lot. (Enclosed, below grade parking is permitted
adjacent to the RSBL as well.)
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
31 1�p
RESIDENTIAL
HOME me
RESIDENTIAL
eARxING
HOME OCC.
ACC. UNIT
NEIGH. COMM,
wo.RRSHOP
HOMEOCC.
may AU, euue
The principal building shall be between 18 ft and 35 ft to its Eaves.
The accessory building shall be no more than 18 it to its Eaves.
Any SIDENVING shall be no more than 15 ft to its Eaves.
The FRONT PORCH or STOOP finished floor elevation shall be between
28 and 60 inches above the average fronting RSBL elevation.
The first story shall have at least 9 feet clear height for 80% of its area.
The second floor shall have at least 8 feet clear height for 80% of its area.
For each unit Either the FRONT PORCH or, on buildings without FRONT
PORCHES, the building facade shall be Built -To within 3' behind the
REQUIRED STREET BUILDING LINE (RSBL).
SIDENING area construction shall be Baill -To the PRIVACY BUILDING
LINE (PBL) (generally the North or East side).
The unit width shall be between 18 11 and 30 ft. A maximum of 6 units
shall comprise one building. There shall be a minimum 1011 gap between
buildings where multiple buildings are built (except where otherwise
designated on the REGULATING PLAN).
The garage, vehicle parking (autos, trailers, boats, etc.) shall be kept
within the designated Garage- Parking area (and/or as designated on
the REGULATING PLAN or enclosed and below Grade).
• FRONT PORCH or STOOP is required for each writ.
• FRONT PORCH, between 8 ft and 12 ft deep with a width no less than
50% of the unit width (not to include may SIDE STREET RSBL, shall be
built -to the REQUIRED STREET BUILDING LINE (RSBL). A STOOP
not more than 5 ft deep and 6 ft wide (parallel to the RSBL) plus steps
shall be built forward of the RSBL.
PRIVACY FENCING, between 6 and 8 ft in height, shall be placed along
any unbuilt rear and COMMON LOT LINES (excluding Rowhouse sites
with no BACK YARD or courtyard area).
Residential, Home Occupation, and Bed and Breakfast Honrestay
uses are permitted on all floors.
Ground Flom' and Basement space pray additionally include
Neighborhood Commercial uses by right (see attached
Specifications).
Parking, occupant's workshop, Home Occupations, and Accessory
Unit a500 Sq Ft) uses are permitted in the buildable area at the
rear of the lot. (Enclosed, below grade parking is permitted
adjacent to the RSBL as well.)
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
31 1�p
THE PENINSULA NEIGHBORHOOD
SPECIFICATIONS: ROWHOUSE SITES
HEIGHT SPECIFICATIONS: Principal building height is measured from the highest REQUIRED STREET BUILDING
LINE (RSBL) elevation (ALLEY or COMMON DRIVE frontage for accessory buildings) to the main eaves or other
point specified on the BUILDING PLACEMENT STANDARD (BPS). FENCE and GARDEN WALL heights are
measured from adjacent sidewalk (within 5 feet); when not fronting a sidewalk, heights are relative to the adjacent
ground elevation. On EDGE LOTS, height for accessory buildings will be measured relative to the adjacent ground
elevation on the STREET side of the accessory building.
SITING SPECIFICATIONS:
1. The buildings shall occupy only the specified (hatched) area of the lot. No part of any building (excepting
overhanging eaves, BAY WINDOWS (not more than 30 "), steps (not more than 72 ") and chinureys (not more
than 24 ") garden trellises and other light unroofed garden structures) shall occupy the remaining lot area.
2. No palls of any building excepting overhanging eaves, BAY WINDOWS, steps (not more than 72 ") and
chinureys (not more than 24 ") shall encroach past the RSBL
3. Each unit of the building shall be built -to or within 3' behind the RSBL for the minimum specified percentage
of the RSBL frontage: 50% for units with FRONT PORCHES,-(measuring the PORCH), 85% for units without,
(measuring the facade),. That portion of the building shall be composed as a simple plane (limited facade jogs
less than 24" and PORCHES, BAY WINDOWS (not more than 30 "deep), chimneys (not more than 24 "),
STOOPS, and balconies are considered to be "a simple plane" within this requirement).
4. The SIDE STREET RSBL shall be built -to either by the building wall and/or PORCH for not less than 65% of
its length. That portion of the building wall shall be composed as a simple plane (limited facade jogs as listed
above in Siting Specifications are considered to be "a simple plane" within this requirement) When a wrap-
around PORCH is used; the building wall may step forward to the RSBL at the termination of the PORCH.
5. NON - RECTANGULAR LOT MEASUREMENTS: the unit width parameters and PORCH minimums shall be
measured at the mid -point of the buildable area depth for the primary building (not to include the buildable area
for any SIDE WING or accessory building).
6. At least 15% of the lot area, and all required side setbacks, shall remain open and not be built upon except for
overhanging eaves, BAY WINDOWS (not more than 30 "deep), chimneys (not more than 24 "), STOOPS,
cantilevered balconies, stoops, wood or composite decks and steps except where otherwise specified in the
Code.
7. The Garage /parking setback shall be measured from the nearest ALLEY ROW or the COMMON DRIVE edge
of pavement except where noted otherwise on the REGULATING PLAN,
8. CORNER LOTS: The fence requirements for CORNER LOTS additionally allow, where the OPEN SIDE of a lot
fronts a SIDE STREET, a PRIVACY FENCE along that FRONTAGE as a substitute for the required FRONT
YARD FENCE. This PRIVACY FENCE shall begin no closer than 20 feet from the comer (ROW intersection)
of the frontage STREET.
9. Lots where the RSBL is curved: the FRONT PORCH or facade shall be aligned on a tangent to the curve.
Where the lot face is convex to the porch tlue porch shall touch the RSBL at 2 points (where concave it shall
touch at I point).
ELEMENTS SPECIFICATIONS: 1) All lots bordering an ALLEY or COMMON DRIVE shall use the ALLEY or
COMMON DRIVE as the sole means of automobile access to designated parking spaces, unless otherwise approved
by the City. 2) Garage doors shall not face the RSBL. They must be at an angle of not less than 90 degrees from the
RSBL. Unenclosed parking areas shall not be located within 20 feet of the STREET unless hidden by a GARDEN
WALL.
NEIGHBORHOOD COMMERCIAL USES: The following uses are permitted by right: I) Retail or personal service
establislrrnents limited to the ground floor space within the existing structure. 2) Adult or child care homes. 3) Bed
and Breakfast Honrestays. 4) Offices limited to dental practices, general medical practices, insurance, real estate or
travel agencies, accounting practices and law offices, limited to ground floor space within the existing structure.
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
32
`V
THE PENINSULA NEIGHBORHOOD
PARKING: Iowa City Zoning Code Section 14 -5A -5 HAJ. restricting the number of parking spaces that may back
onto an ALLEY, may be waived if the site plan demonstrates to the satisfaction of the Building Official that parking
spaces are configured so as not to impede traffic on the ALLEY. Off- street parking spaces for Neighborhood
Cormnercial Uses are not required for the first 1500 square feet of floor area. Any Neighborhood Commercial Use
that exceeds 1500 square feet of floor area shall be required to provide parking spaces according to Section 14 -5A-
4for the area in excess of 1500 square feet of floor area unless a reduction of required number of off - street parking
spaces is granted per Section 14 -5A -4 F.
FIOME OCCUPATIONS: Home occupations are pennitted subject to Zoning Regulations.
ACCESSORY UNITS: ACCESSORY UNITS are permitted by right. For such units, the owner of the principal structure
shall occupy at least one (1) of the mots. Conversion of primary structure single - family units for multiple family
uses is prohibited.
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
33
TIE PENINSULA NEIGHBORHOOD
UILDING PLACEMENT STANDARD
for
LIVE WORK SITES
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
34
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Live Work Sites
EAVE HEIGHT
Colonnade /porch
12 FT MAX DEPT
40 Fr MAX
18 FT MIN
8 `T MAX
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The principal building shall be between 18 It and 40 It to its Eaves.
The accessory building shall be no more than 18 ft to its Eaves.
Any SIDEWING shall be no more than 15 ft to its Eaves.
The ground floor elevation shall be between 3 and 18 inches above
the average adjacent sidewalk elevation.
The first story shall have at least 10 feet clear height for no less than
80% of its area. All second and third stories shall have at least 9 feet
clear height for no less than 80% of their area.
The principal building shall be Built -To or within 3' behind the
REQUIRED STREET BUILDING LINE (RSBL), as designated
on the REGULATING PLAN.
MEWING AREA construction shall be Built -To the PRIVACY
BUILDING LINE (PBL) generally the North or East side).
The unit width shall be between 18 ft and 30 ft. A maximum of 8
units shall be contiguous as a single building, There shall be a
minimum 10 ft gap between buildings where multiple Live Work
buildings are built (except where otherwise designated on the
REGULATING PLAN.
The garage, vehicle parking (autos, trailers, boats, etc.) shall be
kept within the designated Gauge- Parking area (and/or as
designated on the REGULATING PLAN.
Where provided, any Storefront Colonade/Porch, shall be
between 8 ft and 12 ft deep with a minimum width of 75% of the
RSBL (not to include any SIDE STREET RSBL) and a minimum
clear height of 10 feet aligned along the REQUIRED STREET
BUILDING LINE (RSBL).
Such Storefront Colonnade/Porches shall exist only in
contiguous groupings of 4 (units) or more. These may step
forward of the RSBL provided there is a continuous public
access easement of at least 4 feet running through them and
provided that such an encroachment does not extend over the
ROW.
Residential, Home Occupation, and Bed and Breakfast Homeslay
uses are permitted on all floors.
Ground Floor and Basement space may additionally include
Neighborhood Commercial uses by night (see attached
Specifications).
Parking, occupant's workshop, Home Occupations, and
Accessory Unit ( <650 Sq Ft) uses are permitted in the buildable
area at the rear of the lot.
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
35
\VQ
THE PENINSULA NEIGHBORHOOD
SPECIFICATIONS: LIVE WORK SITES
HEIGHT SPECIFICATIONS:
Principal building height is measured from the highest REQUIRED STREET BUILDING LINE (RSBL)
elevation (ALLEY or COMMON DRIVE frontage for accessory buildings) to the main eaves or other point
specified in this BUILDING PLACEMENT STANDARD (BPS). FENCE and GARDEN WALL heights are
measured from adjacent sidewalk (within 5 feet); when not fronting a sidewalk, heights are relative adjacent
ground elevation. The ground story finished floor elevation shall be between 3 and 18 inches above the average,
adjacent sidewalk elevation and shall have a minimum 10 It clear height.
SITING SPECIFICATIONS:
1. The buildings shall occupy only the specified (hatched) area of the lot. No part of any building (excepting
overhanging caves, BAY WINDOWS (not more than 30 "), steps (not more than 72 ") and chimneys (not more
than 24 "), garden trellises and other light and unroofed garden structures shall occupy the remaining lot area.
2. No parts of any building excepting overhanging eaves, BAY WINDOWS (not permitted on the ground story
front facade and in no case not more than 30 "), steps (not mare than 30 ") and chimneys (not more than 24 ")
shall encroach past the RSBL.
3. Each unit of the building shall be built -to or within 3' behind the RSBL for at least 75% of the unit's RSBL
frontage width (measured on a per -unit basis). That portion of the building shall be composed as a simple plane
(limited facade jogs less than 24" and porches, BAY WINDOWS (not more than 30 "), chimneys (not more than
24 "), STOOPS, and balconies are considered to be "a simple plane" within this requirement).
4. Tire SIDE STREET RSBL shall be built -to either by the building wall and/or PORCH for not less than 60% of
its length. That portion of the building wall shall be composed as a simple plane (limited facade jogs as listed
above in Siting Specifications are considered to be "a simple plane" within this requirement) When a wrap-
around PORCH is used; the building wall may step forward to the RSBL at the termination of the PORCH.
5. NON - RECTANGULAR LOT MEASUREMENTS: the unit width parameters and PORCH minimums shall be
measured at the mid -point of the buildable area depth for the primary building (not to include the buildable area
for any SIDE WING or accessory building).
6. At least 10% of the lot area, and all required side setbacks, shall remain open and n.it be built upon except for
overhanging eaves, cantilevered balconies, stoops, BAY WINDOWS (not more than 30 "), chimneys (not more
than 24 "), wood or composite decks and steps -- except where otherwise specified in the Code.
7. The Garage /parking setback shall be measured from the ALLEY ROW or the COMMON DRIVE edge of
pavement except where noted otherwise on the REGULATING PLAN.
8. CORNER LOTS: The fence requirements for CORNER LOTS additionally allow, where the OPEN SIDE of a lot
fronts a SIDE STREET, a PRIVACY FENCE along that FRONTAGE as a substitute for the required FRONT
YARD FENCE. This PRIVACY FENCE shall begin no closer than 20 feet from the comer (ROW intersection)
of the frontage STREET.
ELEMENTS SPECIFICATIONS:
1. All lots bordering an alley or conuron drive shall use the ALLEY or COMMON DRIVE as the sole means of
automobile access to designated parking spaces, unless otherwise approved by the City.
2. Garage doors shall not face the RSBL. They must be at an angle of not less than 90 degrees from the RSBL.
Unenclosed parking areas shall not be located within 20 feet of the STREET unless hidden by a GARDEN
WALL, or below the fronting RSBL grade.
NEIGHBORHOOD COMMERCIAL USES:
The following uses are permitted by right:
1. Retail or personal service establishments limited to the ground floc space within the existing structure.
2. Adult or child care hones.
3. Bed and Breakfast Honrestays.
4. Offices limited to dental practices, general medical practices, insurance, real estate or travel agencies,
accounting practices and law offices, limited to ground floor space within the existing structure.
Eating and Drinking Establishments maybe permitted by special exception on Lot 117.
PARKING: Iowa City Zoning Code Section 14 -5A -5 HAL restricting the number of parking spaces that may back
onto an ALLEY, may be waived if the site plan demonstrates to the satisfaction of the Building Official that
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
36
\�9
THE PENINSULA NEIGHBORHOOD
parking spaces are configured so as not to impede traffic on the ALLEY. Off - street parking spaces for
Neighborhood Commercial Uses are not required for the first 1500 square feet of floor area. Any Neighborhood
Commercial Use that exceeds 1500 square feet of floor area shall be required to provide parking spaces
according to Section 14 -5A -4 for the area in excess of 1500 square feet of floor area unless a reduction of
required number of off - street parking spaces is granted per Section 14 -5A -4 F .
HOME OCCUPATIONS: Home occupations are permitted subject to Zoning Regulations.
ACCESSORY UNITS: ACCESSORY UNITS are permitted by right. Conversion of primary structure single - family units
for multiple family uses is prohibited.
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
37
10
'nlE PENINSULA NEIGHBORHOOD
BUILDING PLACEMENT STANDARD
for
SMALL APARTMENT SITES
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
38
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Small Apartment Sites
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The principal building shall be between 22 ft and 48 It to its Eaves.
Any accessory building or SIDEWING shall be no more than 15 ft to
its Eaves or parapet -- except where fronting a STREET, where it may
be up to 25 It to its eaves or parapet.
Any unbuilt STREET FRONTAGE or COMMON LOT LINE shall
have a GARDEN WALL or PRIVACY FENCE along it, between 6 R
and 8 ft in height.
The first floor finished elevation shall be between 28 inches and 66
inches above the average fronting RSBL.
The first slaty shall have at least 9 feet clear height for 80% of its area.
The second floor shall have at least 8 feet clear height for 80% of its
area.
The building shall be Built -To not less than 50% of the REQUIRED
STREET BUILDING LINE (RSBL) which is designated in the
REGULATING PLAN. There are no required side setbacks.
The maximum building width along the STREET FRONTAGE is 170
ft. Not less than 10% of the Lot area shall be a contiguous BACK
YARD,
Any unbuilt STREET FRONTAGE or COMMON LOT LINE shall
have a GARDEN WALL or PRIVACY FENCE along it, between 6 11
and 8 ft in height.
The garage, parking for vehicles (autos, trailers, boats, etc.) and
garbage bins shall be at least 20 ft from any STREET, FRONTAGE
and not clearly visible from the STREET.
FRONT PORCHES are pennitted, between 8 and 14 feet deep and at
least 33% of the building width. Alternately, a roofed Balcony is
permitted on the 2°a & 3'4 Floor units, between 5 and 7 ft deep and 6
and IOft wide.
Parking, garages, and accessory uses may be placed to the near of the
lot. Parking shall be no closer than 20 ft to any STREET FRONTAGE
unless hidden by a GARDEN WALL at least 4 ft in height or below
guide. Unenclosed parking shall be separated fiem adjacent less
intense building type by a GARDEN WALL type PRIVACY FENCE.
Residential, Honre Occupation, and Bed and Breakfast Homestay uses
are permitted on all floors,
First Floor and Basement space may additionally include
Neighborhood Conuneroial uses by right (see attached Specifications).
Parking, garages, and accessory uses may be placed are pennitted in
the buildable area at the rear of the lot. Parking shall be no closer than
20 ft to any STREET FRONTAGE and separated from adjacent use by
a GARDEN WALL or enclosed and below grade.
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
39 1�
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The principal building shall be between 22 ft and 48 It to its Eaves.
Any accessory building or SIDEWING shall be no more than 15 ft to
its Eaves or parapet -- except where fronting a STREET, where it may
be up to 25 It to its eaves or parapet.
Any unbuilt STREET FRONTAGE or COMMON LOT LINE shall
have a GARDEN WALL or PRIVACY FENCE along it, between 6 R
and 8 ft in height.
The first floor finished elevation shall be between 28 inches and 66
inches above the average fronting RSBL.
The first slaty shall have at least 9 feet clear height for 80% of its area.
The second floor shall have at least 8 feet clear height for 80% of its
area.
The building shall be Built -To not less than 50% of the REQUIRED
STREET BUILDING LINE (RSBL) which is designated in the
REGULATING PLAN. There are no required side setbacks.
The maximum building width along the STREET FRONTAGE is 170
ft. Not less than 10% of the Lot area shall be a contiguous BACK
YARD,
Any unbuilt STREET FRONTAGE or COMMON LOT LINE shall
have a GARDEN WALL or PRIVACY FENCE along it, between 6 11
and 8 ft in height.
The garage, parking for vehicles (autos, trailers, boats, etc.) and
garbage bins shall be at least 20 ft from any STREET, FRONTAGE
and not clearly visible from the STREET.
FRONT PORCHES are pennitted, between 8 and 14 feet deep and at
least 33% of the building width. Alternately, a roofed Balcony is
permitted on the 2°a & 3'4 Floor units, between 5 and 7 ft deep and 6
and IOft wide.
Parking, garages, and accessory uses may be placed to the near of the
lot. Parking shall be no closer than 20 ft to any STREET FRONTAGE
unless hidden by a GARDEN WALL at least 4 ft in height or below
guide. Unenclosed parking shall be separated fiem adjacent less
intense building type by a GARDEN WALL type PRIVACY FENCE.
Residential, Honre Occupation, and Bed and Breakfast Homestay uses
are permitted on all floors,
First Floor and Basement space may additionally include
Neighborhood Conuneroial uses by right (see attached Specifications).
Parking, garages, and accessory uses may be placed are pennitted in
the buildable area at the rear of the lot. Parking shall be no closer than
20 ft to any STREET FRONTAGE and separated from adjacent use by
a GARDEN WALL or enclosed and below grade.
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
39 1�
TrIE PENINSULA NEIGHBORHOOD
SPECIFICATIONS: SMALL APARTMENT SITES
HEIGHT SPECIFICATIONS:
Principal building height is measured from the highest REQUIRED STREET BUILDING LINE (RSBL) elevation
(ALLEY or COMMON DRIVE frontage for accessory buildings) to the main eaves or other point specified oil the
BUILDING PLACEMENT STANDARD (BPS). FENCE and GARDEN WALL heights are measured from
adjacent sidewalk (within 5 feet); when not fronting a sidewalk, heights are relative to the adjacent ground elevation.
On EDGE LOTS, height for accessory buildings will be measured relative to the adjacent ground elevation on the
STREET side of the accessory building.
SITING SPECIFICATIONS:
1. The building(s) shall occupy only the specified area of the lot. No part of any building (excepting overhanging
eaves, BAY WINDOWS (not more than 30 "), steps (not more than 72 ") and chinmeys (not more than 30 "),
garden trellises and other light and unroofed garden structures) shall occupy the remaining lot area.
2. No parts of any building excepting overhanging eaves, BAY WINDOWS (not more than 30 "), steps (not more
than 72 ") and chimmeys (not more than 30 ") shall encroach past the RSBL.
3. The building shall be built -to the specified RSBL for at least 50% of the RSBL width. That portion of the
building shall be composed as a simple plane (limited facade jogs less than 24" and porches, BAY WINDOWS
(not more than 30 "), chinmieys (not more than 30 "), STOOPS, and balconies are considered to be "a simple
plane" within this requirement). For non- rectangular lots the 50% minimum shall be measured against the
narrowest lot width within the first 30 feet of the buildable area.
4. The SIDE STREET RSBL shall be built -to either by the building wall and/or PORCH for not less than 50% of
its length. That portion of the building wall shall be composed as a simple plane (limited facade jogs, as listed
above in Siting Specifications, are considered to be "a simple plane" within this requirement) When a wrap-
around PORCH is used; the building wall may step forward to the RSBL at the termination of the PORCH.
5. At least 25% of the lot area, and all required side setbacks, shall remain open and not built upon except for
overhanging eaves,
cantilevered balconies, stoops, BAY WINDOWS (not more than 30 "), chimneys (not more than 30 "), and decks
except where the Code specifies otherwise.
6. The Garage /parking setback shall be measured from the ALLEY ROW or the COMMON DRIVE edge of
pavement.
7. The fence requirements for CORNER LOTS additionally allow a PRIVACY FENCE along the SIDE STREET
FRONTAGE as a substitute for the required FRONT YARD FENCE. This PRIVACY FENCE shall begin no
closer than 20 feet from the comer (ROW intersection) of the frontage STREET.
ELEMENTS SPECIFICATIONS:
1. All lots bordering an ALLEY or common drive shall use the ALLEY or COMMON DRIVE as the sole means
of automobile access to designated parking spaces, unless otherwise approved by the City.
2. Garage doors shall not face the RSBL. They must be at all angle of not less than 90 degrees from the RSBL.
Unenclosed parking areas shall not be located withal 20 feet of the STREET unless hidden by a GARDEN
WALL, or below the fronting RSBL grade.
3. If a balcony is used, the roof requirement can be satisfied if the balcony is directly below, and posting up to,
another roofed balcony.
NEIGHBORHOOD COMMERCIAL. USES: The following uses are permitted by right:
1. Retail or personal service establishments limited to the ground floor space within the existing structure.
2. Adult or child care homes.
3. Bed and Breakfast Honestays.
4. Offices limited to dental practices, general medical practices, insurance, real estate or travel agencies,
accounting practices and law offices, limited to ground floor space within the existing structure.
PARKING:
1. Iowa City Zoning Code Section 14 -6N -1 B2g restricting the number of parking spaces that may back onto an
alley, may be waived if the site plan demonstrates to the satisfaction of the Building Official that parking spaces
are configured so as not to impede traffic on the alley.
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
40
�u
THE PENINSULA NEIGHBORHOOD
2. Off - street parking spaces for Neighborhood Commercial Uses are not required for the first 1500 square feet of
floor area. Any Neighborhood Commercial Use that exceeds 1500 square feet of floor area shall be required to
provide parking spaces according to Section 14 -5A -4 for the area in excess of 1500 square feet of floor area
unless a reduction of required number of off - street parking spaces is granted per Section 14 -5A -4 F.
HOME OCCUPATIONS: Home occupations are permitted subject to Zoning Regulations.
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
41 '(Q
THE PENINSULA NEIGHBORHOOD
BUILDING PLACEMENT STANDARD
fol•
BUNGALOW SITES
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
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The principal building shall bebetween 11 and 2511 to its Eaves.
Optional FRONT YARD FENCES shall be between 30 and 40
inches in height.
FRONT PORCH floor elevation shall be between 24 and 60 inches
above the average front property line elevation.
The first story shall have at least 9 feet clear height for not less than
75% of its area.
The principal building shall be built to the REQUIRED STREET
BUILDING LINE (RSBL), as designated on the REGULATING
PLAN. The minimum side Setback is 4 R.
The REGULATING PLAN may designate a required PRIVACY
BUILDINGS LINE which should be respected unless otherwise
approved by the City.
A garage may be attached to, or integral to, the principal building
and should be kept within the rear 42 feet of the Buildable area.
Uncovered parking (autos, trailers, boxes, etc.) should be limited to
the rear 22 feet of the Buildable area. (Enclosed, below grade
parking is permitted adjacent to the RSBL.)
A FRONT PORCH should be built to within 6' of the RSBL and
should be a minimum of 7' deep with a width no less than 40% of
the building width.
A PRIVACY FENCE, between 6 and 8 R. in height, may be
constructed to delineate between open space and rear and
COMMON LOT LINES (except within the FRONT YARD area
which may only have a FRONT YARD FENCE).
Residential Bed and Breakfast Hmnestay, and Home Occupation (by
right subject to Iowa City Zoning Regulations) uses are permitted.
Parking, occupant's workshop, Home Occupation, and
ACCESSORY UNIT uses are permitted in the buildable area at the
rear of the lot. (Enclosed, below grade parking is permitted adjacent
to the RSBL.)
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
43
THE PENINSULA NEIGHBORHOOD
SPECIFICATIONS: BUNGALOW SITES
HEIGHT SPECIFICATIONS:
Principal building height is measured from the highest REQUIRED STREET BUILDING LINE (RSBL)
Principe building height is measured from the highest REQUIRED STREET BUILDING LINE (RSBL) elevation (ALLEY
or COMMON DRIVE frontage for accessory buildings) to the main eaves or other point specified on the BUILDING
PLACEMENT STANDARD (BPS). FENCE and GARDEN WALL, heights are measured from adjacent sidewalk (within 5
feet), when not fronting a sidewalk, heights are relative to the adjacent ground elevation. On EDGE LOTS, height for
accessory building will be measured relative to the adjacent ground elevation on the STREET side of the accessory building.
SITING SPECIFICATIONS:
1. The buildings shall occupy only the specified (hatched) area of the lot. No parts of the buildings (excepting overhanging
eaves, BAY WINDOWS (not more than 30'), step, (not more than 7'1'9 and chimney, (not more than 24 ") garden
trellises and other light and unroofed garden structures) shall occupy the remaining lot area.
2. The building or the FRONT PORCH, depending on which is foremost on the lot, shall be built to the specified RSBL for
at least 20% of the principle BUILDING width as measured at its widest point. (The width measurement should not
include limited facade jogs, porches, chimneys, STOOPS, BAY WINDOWS, or balconies along the building side.) The
portion of the building that is built to the RSBL shall be composed as a simple plane (limited facade jogs less than 24 ",
porches, chimneys (not more than 24 "), STOOPS, BAY WINDOWS, and balconies are considered to be "a simple
plane" within this requirement).
3. The principal building should be at least 22 It wide for at least 35% of the building depth.
4. The SIDE STREET RSBL shall be built -to either by the building wall and/or PORCH for not less than 25% of its
length. That portion of the building wall shall be composed it a simple plane (limited jobs, as listed above in Siting
Specifications, are considered "a simple plane" within this requirement). When a wrap- around PORCH is used; the
building wall may step forward to the RSBL at the termination of the PORCH.
5. At least 25% of the lot area, including all require d side setbacks, Shall remain open and unpaved and not be built upon
(nor used for parking) except for overhanging eaves, cantilevered balconies, stoops, BAY WINDOWS (not more than
30 "), chimneys (not more than 30 "), wood decks, and in the rear only, gazebos, green houses and steps except where
otherwise specified in the Code.
6. The Garage /parking setback shall be measured from the ALLEY ROW or the COMMON edge of pavement.
CORNER LOTS: The fence requirements additionally allow a PRIVACY FENCE along the SIDE STREET FRONTAGE as a
substitute for the required FRONT YARD FENCE. This PRIVACY FENCE shall begin no closer than 20 feet from the
corner (ROW intersection) of the frontage STREET.
ELEMENT SPECIFICATIONS:
1. All lots bordering an ALLEY shall use the ALLEY as the sole means of automobile access, unless otherwise approved
by the City.
2. Garage doors shall not face the front RSBL. They must be at an angle of not less than 90 degrees from the front RSBL.
Unenclosed parking area shall not be located within 20 feet of the STREET unless hidden by a GARDEN WALL,
HOME OCCUPATIONS: Home occupations are permitted subject to Zoning Regulations.
ACCESSORY UNITS: ACCESSORY UNITS are permitted by right. For such units, the owner of the principal structure shall occupy
at least one (1) of the units. Conversion of primary structure single - family units for multiple family units is prohibited.
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
44 ��
WJ
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THE PENINSULA NEIGHBORHOOD
Multi -Unit Building Sites
RES)DE \". L
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The principal building should be between 18 ft and 48 ft to its Eaves.
Any accessory building should be no more than 18 ft to its Eaves. Any
SIDEWING should be no more than 15 ft to its Eaves.
The ground floor elevation should be between 28 and 60 inches above
the average adjacent public sidewalk elevation.
The first stay should have at least 9 feet clear height for no less than
80% of its area. All intermediate stories should have at least 8 feet 8
inches clear height for no less than 80% of their area. All top stories
should have at least 8 ft clear height with volume ceilings per elevation.
The principal building and any surface level parking should be built a minimum of
15 R away from any STREET or public Right -o& Way (ROW), 7' away from any
COMMON LOT LINE (except where access is provided by common drive) and a
minimum of ft away from any ALLEY ROW. If a PRIVACY BUILDING LINE
(PBL) is included on the lot, all SIDEW ING ARA construction should be Butfl-To
the PBL
The Maximum Width of the Primary Building along any Street Frontage is 200 ft.
The maximum allowable square footage for the primary building footprint is
20,000 (except where otherwise designated on the REGULATNG PLAN). A
minimum of 10% ofthe lot area should remain unbuilt and unpaved.
There should be a minimum 10 R gap between buildings unless multiple 1,11113
buildings are built on a single lot (except where otherwise designated on the
REGULATNGPLAN).
The garage, vehicle parking (autos, trailers, boats, etc.) should be kept within the
sub -grade basement area or at least 20 ft from any STREET/FRONTAGE and be
shielded, either by the Primary building or a Privacy Fence /Garden Wall that is
between 6 -8 ft high so as to not be clearly visible from the STREET.
When provided, any Colonnade/PorchBalcony should be between 6 ft
and 12 ft deep within a minimum width of 25% of the individual unit
width and a mitlmmn clear height of 9 ft on the first floor and 8 ft on
the upper floors.
Elements, such as Colonnade/Porches/Balconies and Bay windows may
project forward front the principal building provided that the depth of
such projections are equal to no more than 30% of nit width and do not
extend any closer that within 7 ft of any ROW nor encroach upon any
easements.
Residential, Home Occupation, and Bed and Breakfast Homeslay uses
are pennitted on all floors.
First Floor space may additionally include neighborhood conunercial
uses by right. (See attached specifications.)
Basement/subgrade space may additionally include Parking uses by
right.
Parking, occupant's workshop, Home Occupation, and Accessory Unit
(<650 Sq Ft) uses are pemtitted in the buildable area at the rear of the
lot.
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
45 'gyp
11) EAVES
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RES)DE \". L
RWIEOCC
B &8 KOMI
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The principal building should be between 18 ft and 48 ft to its Eaves.
Any accessory building should be no more than 18 ft to its Eaves. Any
SIDEWING should be no more than 15 ft to its Eaves.
The ground floor elevation should be between 28 and 60 inches above
the average adjacent public sidewalk elevation.
The first stay should have at least 9 feet clear height for no less than
80% of its area. All intermediate stories should have at least 8 feet 8
inches clear height for no less than 80% of their area. All top stories
should have at least 8 ft clear height with volume ceilings per elevation.
The principal building and any surface level parking should be built a minimum of
15 R away from any STREET or public Right -o& Way (ROW), 7' away from any
COMMON LOT LINE (except where access is provided by common drive) and a
minimum of ft away from any ALLEY ROW. If a PRIVACY BUILDING LINE
(PBL) is included on the lot, all SIDEW ING ARA construction should be Butfl-To
the PBL
The Maximum Width of the Primary Building along any Street Frontage is 200 ft.
The maximum allowable square footage for the primary building footprint is
20,000 (except where otherwise designated on the REGULATNG PLAN). A
minimum of 10% ofthe lot area should remain unbuilt and unpaved.
There should be a minimum 10 R gap between buildings unless multiple 1,11113
buildings are built on a single lot (except where otherwise designated on the
REGULATNGPLAN).
The garage, vehicle parking (autos, trailers, boats, etc.) should be kept within the
sub -grade basement area or at least 20 ft from any STREET/FRONTAGE and be
shielded, either by the Primary building or a Privacy Fence /Garden Wall that is
between 6 -8 ft high so as to not be clearly visible from the STREET.
When provided, any Colonnade/PorchBalcony should be between 6 ft
and 12 ft deep within a minimum width of 25% of the individual unit
width and a mitlmmn clear height of 9 ft on the first floor and 8 ft on
the upper floors.
Elements, such as Colonnade/Porches/Balconies and Bay windows may
project forward front the principal building provided that the depth of
such projections are equal to no more than 30% of nit width and do not
extend any closer that within 7 ft of any ROW nor encroach upon any
easements.
Residential, Home Occupation, and Bed and Breakfast Homeslay uses
are pennitted on all floors.
First Floor space may additionally include neighborhood conunercial
uses by right. (See attached specifications.)
Basement/subgrade space may additionally include Parking uses by
right.
Parking, occupant's workshop, Home Occupation, and Accessory Unit
(<650 Sq Ft) uses are pemtitted in the buildable area at the rear of the
lot.
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
45 'gyp
THE PENINSULA NEIGHBORHOOD
SPECIFICATIONS: MULTI -UNIT BUILDING SITES
HEIGHT SPECIFICATIONS:
Principal building height is measured from the highest adjacent sidewalk elevation (ALLEY or COMMON DRIVE
frontage for accessory buildings) to the main eaves or other point specified in this BUILDING PLACEMENT
STANDARD (BPS). FENCE and GARDEN WALL heights are measured from adjacent sidewalk (within 5 feet);
when not fronting a sidewalk, heights are relative to the adjacent ground elevation. The ground story finished floor
elevation shall be between 28 and 60 inches above the average adjacent sidewalk elevation and shall have a
minimum 9 ft clear height.
SITING SPECIFICATIONS:
1. The buildings shall occupy only the specified (hatched) area of the lot, with the exception of colonnades,
porches, balconies, overhanging eaves, bay windows, steps, ramps, chimneys (not more than 24 "), garden
trellises (and other light and unroofed garden structures).
2. The principle building should be built no closer than 15 feet of any STREET or public Right -Of -Way and no
closer than 7 feet of any common lot line. That portion of the building shall be composed as a simple plane
(limited facade jogs less than 24" and porches, BAY WINDOWS (not more than 30 "), chimneys (not more than
24 "), STOOPS, and balconies are considered to be "a simple plane" within this requirement).
3. There should be a minimum 10 It gap between buildings where multiple MUB buildings are built on a single lot
(except where otherwise designated on the REGULATING PLAN).
4. At least 10% of the lot area, including all required setbacks, shall remain open and not be built upon except for
overhanging eaves, cantilevered balconies, stoops, BAY WINDOWS (not more than 30 "), chimney, (not more
than 24 "), wood or composite decks steps and ramps -- except where otherwise specified in the Code.
5. Minimum Garage /perking setbacks of 3 feet shall be measured from the ALLEY ROW or the COMMON
DRIVE edge of pavement.
6. Minimum Garage /parking setbacks of 20 feet shall be measured from any Street Frontage or Public Right -Of-
Way and be shielded from clear view of the street by a PRIVACY FENCE or GARDEN WALL.
7. Minimum Garage /parking setbacks of 7 feet shall be measured from any COMMON LOT LINE and be
shielded from clear view of the neighboring property by a PRIVACY FENCE or GARDEN WALL (except
where access provided by a common drive).
ELEMENTS SPECIFICATIONS:
1. Elements, such Colomrades /Porches/Balconies and Bay Windows may project forward from the principal
building provided that the depth of such projections are equal to no more than 30% of unit width and do not
extend any closer than within 7 ft of any ROW nor encroach upon any municipal easements.
2. Overhanging eaves, BAY WINDOM, step, ramps, chimneys (not more than 24 "), garden trellises (and other
light and unroofed garden structures) may project from the principle building provided they do not extend any
closer than within 7 fl of any ROW nor encroach upon any municipal easements.
3. All lots bordering an alley or cormnon drive shall use the ALLEY or COMMON DRIVE as the sole means of
automobile access to designated parking spaces unless otherwise approved by the City.
4. Garage doors shall be blocked of clear view of the STREET by either a GARDEN WALL or a PRIVACY
FENCE. Unenclosed parking areas .hall not be located within 20 feet of the STREET unless hidden by a
GARDEN WALL or PRIVACY FENCE.
NEIGHBORHOOD COMMERCIAL USES: The following uses are pemritted by right:
1. Retail or personal service establislmrents limited to the ground floor space within the existing structure.
2. Adult or child care homes.
3. Bed and Breakfast Homestays.
4. Offices limited to dental practices, general medical practices, insurance, real estate, or travel agencies,
accounting practices and law offices, limited to ground floor space within the existing structure.
PARKING: Iowa City Zoning Code Section 14 -5A -5 114.i. restricting the number of parking spaces that may back
onto an ALLEY, may be waived if the site plan demonstrates to the satisfaction of the Building Official that parking
spaces are configured so as not to impede traffic on the ALLEY. Off - street parking spaces for Neighborhood
Commercial Uses are not required for the first 1500 square feet of floor area. Any Neighborhood Commercial Use
that exceeds 1500 square feet of floor area shall be required to provide parking spaces according to Section 14 -5A -4
for the area in excess of 1500 square feet of floor area unless a reduction of require d number of off - street parking
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
46
0
THE PENINSULA NEIGHBORHOOD
spaces is granted per Section 14 -5A -4 F .
HOME OCCUPATIONS: Home occupations are permitted.
ACCESSORY UNITS: Accessory Units are permitted by right. Conversion of primary structure single- family units for
multiple family uses is prohibited.
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
47 1�
TIE PENINSULA NEIGHBORHOOD
�• ••�
AMENDMENT SECTION
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
48 ��
THE PENINSULA NEIGHBORHOOD
CITY PERMITTING
To ensure compliance with the Peninsula Neighborhood Code, the Building Official shall review and approve all
applications for building permit relating to exterior construction prior to issuance of a building permit.
A letter from the PENINSULA NEIGHBORHOOD ARCHITECTURAL REVIEW BOARD is necessary for the
Building Official to issue a building permit. The letter must certify that the proposed building, building modification
or addition, where relating to exterior construction, meets the parameters of The Peninsula Neighborhood Covenants
& Deed Restrictions.
Amendments to the Peninsula Neighborhood Code shall be reviewed and approved as an amended Planned
Development Overlay Zone (OPD) in accordance with the City of Iowa City Zoning Ordinance.
Petitioners shall submit an application and other such information as required by the Peninsula Code and Zoning
Ordinance. The application shall include evidence that the proposed amendment conforms to traditional
neighborhood or urban design principles as found in the Charter for the New Urbanism published by the Congress
for New Urbanism (CNU), or such other reference works generally recognized by CNU- affiliated design
professionals to be authoritative. Such evidence shall be certified by a qualified individual having experience in
traditional neighborhood or urban design and being a CNU member in good standing. The City of Iowa City may
request resumes, references, and other information and shall make a determination as to whether such reference
works or individuals are qualified.
Approved amendments to the Peninsula Neighborhood Code shall be incorporated within the body of the document.
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
49
0
THE PENINSULA NEIGHBORHOOD
6/4/2003 1:42 PM
The Peninsula Neighborhood Code, which includes the Regulating Plan and the Building Placement Standards, has been prepared
for use in the Peninsula Neighborhood. All copyrights and publishing rights are exclusively reserved by Geoffrey Ferrell
Associates. The City of Iowa City and Terry L. Stamper Holdings, L.L.C. are granted full use of this manual for the promotion,
permitting, regulation, development and management of the Peninsula Neighborhood, including copying and distribution to
interested parties upon their request as a matter of public record for the parts of the Code that will be adopted as City ordinance.
All reproductions and publications of this manual, in whole or in part, shall carry the following credit: "Geofircy Ferrell
Associates, Washington, D.C." This manual may not be otherwise photocopied, in whole or in part, without the expressed
written permission of Geoffirey Ferrell Associates, and may y not be used for any other purposes whatsoever.
Under the terns of the Declaration of Covenants, Conditions and Restrictions for the Peninsula Neighborhood, the Peninsula
Neighborhood Code is binding on all parties having an interest in any portion of the community, and each owner is required to
comply with the requirements set forth herein. The Peninsula Neighborhood Code may, from time to time, be updated and
revised and approved procedures by the City of Iowa City and the Peninsula Neighborhood management organization.
PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD
50 1�
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of 11
Johnson County Iowa
Painter County Recorder
11F M
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Marian K. Kan', City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached
hereto is a true and correct copy of Resolution No. 12-235 which was passed by the City Council
of Iowa City, Iowa, at a regular meeting held on the 15 °i day of May, 2012, all as the same
appears of record in my office.
Dated at Iowa City, Iowa, this 17'x' day of May, 2012.
Marian K. Karr
City Clerk
Ves
(14'01-'\I" 0 Rll,Pl E- 8EAL
410 EAST WASHINGTON STREET c IOWA CITY, IOWA 52240 -1826 a (319) 356 -5000 e FAX (319) 356 -5009
111
Prepared by: Kimberly Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139
RESOLUTION NO. 12 -235
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
IWIRELESS, L.L.C. TO USE CERTAIN PUBLIC RIGHTS -OF -WAY FOR THE
INSTALLATION, OPERATION AND MAINTENANCE OF AN ELECTRICAL
TRANSMISSION LINE.
WHEREAS, ]Wireless LLC desires to install an electrical transmission line within certain City of
Iowa City public right -of -way; and
WHEREAS, the City of Iowa City desires to give (Wireless LLC a license to use those right -of -way
for such purposes; and
WHEREAS, it is in the public interest to enter into a license agreement with (Wireless LLC
concerning the location of and responsibility for the installation and maintenance of the electrical
transmission line.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The attached license agreement between the City of Iowa City and (Wireless LLC to use
certain public right -of -way as set out in said agreement for the placement of an electrical
transmission line is in the public interest, and is hereby approved as to form and
substance.
2. The Mayor is authorized to execute and the City Clerk to attest the attached agreement,
on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record
the resolution and agreement in the Johnson County Recorder's Office, at (Wireless
LLC's expense.
Passed and approved this 15th day of
ATTEST:_ !,C - "z2v✓
CITY'CLERK
2012.
S
MAYOR
Approved by
l�/(G/rGGC.�tyurtllyd ��%�T7�t,�
`CIfy Attorney's Office /� //Z
(11 OFT, ORATE' SEAL
Resolutiou No. 12 -235
Page 2
It was moved by Champion and seconded by
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x
—x —
x
x
x
x
flie
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmoiton
0
A LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND IWIRELESS,
LLC. FOR USE OF PUBLIC RIGHT -OF -WAY FOR THE INSTALLATION, OPERATION AND
MAINTENANCE OF AN ELECTRICAL TRANSMISSION LINE.
SECTION I. DEFINITIONS
a. "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its
officers, employees and agents.
b. "Public Improvements" shall mean any publicly -owned improvements on public property,
including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic
signals, water mains, sewers, electrical transmission lines and equipment related thereto,
cable and telephone lines and equipment related thereto.
c. "Public Property" shall mean publicly -owned or controlled public land and rights -of -way,
easements, bridges, parks squares and commons.
d. "Licensee" shall mean IWireless, LLC, an Iowa corporation located at 4135 Urbandale Drive,
Urbandale, Iowa.
SECTION 2. BASIC GRANT
Licensee is hereby granted a license to construct, maintain, inspect, protect, repair, replace and
retain the Electrical transmission line in, under, upon, along and across the Public Property
shown and generally identified in Exhibits A attached hereto and incorporated herein by this
reference and specifically identified in the electrical transmission line map approved according
to Section 3 below ("License Area'), according to the terms of this Agreement and subject to
the regulatory powers of the City.
SECTION 3. INSTALLATION, REPAIR, EXTENSION OR EXPANSION OF THE ELECTRICAL
TRANSMISSION LINE
Before commencing any extension or expansion of its system, or any major repair work or the
installation of any new electrical transmission line component within the License Area, the
Licensee shall file with the Public Works Department of the City a written statement verifying
the public property under which or upon which Licensee proposes to extend, expand, install or
repair its system. The Director of Public Works may require the statement be accompanied by
a map, plan or specifications showing the proposed location of the system components with
references to streets and alleys, existing public utilities, the size and dimensions of all facilities,
and the distance above or beneath the surface of the ground proposed for repair or installation.
No electrical transmission line component shall interfere with the reasonable and proper use,
construction, reconstruction and maintenance of any public improvements or any existing City-
owned public utility system component, or other structure upon or under Public Property. In the
event that the proposed electrical transmission line plan shows such interference, the Director
of Public Works shall, within reasonable time after the filing of such plan, map or specifications,
note the changes necessary to eliminate the interference and refer the same back to Licensee
for modification of the plans. Any such review, approval or amendment shall remain subject to
the provisions in Section 8 herein. Once the map, plan, or specifications are approved by the
Public Works Director, they shall be filed in the Public Works Department and an excavation
1-A
permit may be issued authorizing Licensee to proceed in accordance with the approved maps,
plans, and /or specifications. Licensee shall not perform any work on the electrical transmission
line within the License Area prior to the issuance of the permit herein provided for unless it is
an emergency as described in Section 5. All work performed shall be in accordance with the
approved maps, plans or specifications and the terms of this License.
SECTION 4. CONSTRUCTION AND REPAIR OF ELECTRICAL TRANSMISSION LINE
To protect the public and assure the safe and efficient movement of traffic, Licensee shall
properly barricade any Public Property used by Licensee in compliance with, at a minimum, the
requirements set forth in the Manua/ on Uniform Trafc Control Devices. Licensee shall
properly and speedily replace any and all pavement removed or damaged by Licensee in
accordance with the City's regulations, City's Municipal Design Standards and Standard
Construction Specifications, and warranted for a period of five (5) years. As a condition to the
use of the License Area, Licensee shall, at its own expense, repair or cause repair to any private
property public utility system component, public improvement or Public Property damaged by
Licensee. If Licensee fails to repair or arrange with the City for the proper repair of any Public
Property after excavations have been made, and after thirty days notice in writing to do so
given to its designated representative, then the City may make such repairs at the expense of
Licensee.
SECTION 5. EXCAVATIONS
The City hereby grants Licensee a license to make excavations within the License Area for the
purpose of routine repair, replacement, and maintenance of wires, lines or other Electrical
transmission line system components according to the following conditions:
a. Licensee shall first obtain an excavation permit as required by to City Ordinances and
Regulations;
b. Licensee shall not unnecessarily obstruct the use of streets, avenues, alleys or public
places;
c. Licensee shall provide the Public Works Director with twenty-four (24) hours notice prior
to the actual commencement of the work, and shall comply with all City provisions,
requirements and regulations in performing such work.
d. Licensee shall provide three (3) day notice to the Public Works Director for any work
requiring a street closure or detour prior to such closure or detour.
In emergencies which require immediate excavation, Licensee may proceed with the minimum
work necessary to remedy the emergency without first applying for or obtaining an excavation
permit, provided, however, that Licensee shall apply for and obtain the permit as soon as
possible after commencing such emergency work. Excavations shall not remain open for more
than five (5) working days without prior City approval.
Failure to Comply; Remedies. If the Electrical transmission line fails to comply with the
provisions of this Section, the City may repair or restore the Public Property, at Licensee's
expense, to the condition of the property prior to the disturbance by Licensee. Licensee shall
pay the costs of such repair or restoration within sixty (60) days after receipt of the City's
billing.
SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO
CONFORM WITH PUBLIC IMPROVEMENTS
2 �1
The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts,
manholes and other appurtenances, and to do, or permit to be done, any underground and
overhead installation of improvements that may be deemed necessary or proper by the City in,
across, along, over or under any portion of the License Area occupied by the electrical
transmission line, and to change any curb or sidewalk or the grade of any street. In permitting
others to do such work, the City shall not be liable to Licensee for any electrical transmission
line damage arising out of the performance of such work by other parties. Nothing in this
Agreement shall be construed to relieve other persons or corporations from liability for damage
to the electrical transmission line.
SECTION 7. LICENSEE CONTRACTORS
The requirements of this License Agreement shall apply to all employees, agents, persons, firms
or corporations performing work for Licensee under a contract, subcontract, time and materials
arrangement or other type of work order.
SECTION 8. CONDITIONS OF STREET OCCUPANCY
Licensee's use of any Public Property for the purposes set forth in this Agreement shall be in
conformance with the established grades of streets, alleys and sidewalks, and be so located as
to cause minimum interference with the rights or reasonable convenience of property owners
who adjoin Public Property.
Licensee shall exercise its rights granted herein in such manner as to cause as little interference
as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any,
given by the Director of Public Works.
Licensee shall, upon reasonable notice and at its sole cost and expense, remove, locate and
relocate its facilities in, on, over or under the License Area in such manner as the City may, at
any time, require for the purpose of facilitating the construction, reconstruction, maintenance,
repair or change in grade of any public improvement on, in or about any such Public Property,
for the purposes of facilitating the vacation and /or redevelopment of Public Property or public
right -of -way by the City. In the event Licensee fails to act within a reasonably allocated time,
the City may cause the electrical transmission line to be relocated, and the costs thereof shall
be invoiced to the Licensee and shall be paid as provided in Section 5 hereof. Claims for delay
of work from contractors employed by the City that are a result of the Licensee's failure to act
within a reasonable time shall be the responsibility of the Licensee. In the case of Public Works
projects, reasonable time shall be defined six weeks after the public hearing approving the
plans and specifications for said project.
Licensee shall not place any electrical transmission line component in the License Area where
the same will interfere with the normal use or maintenance of any public improvement,
including but not limited to streets, alleys sidewalks, traffic control devices, sanitary sewers,
storm sewers, storm drains or water mains, electrical transmission lines or any public utility
facility. Licensee shall maintain a five (5) foot minimum horizontal clearance from any public
utility, including water mains, storm sewers, sanitary sewers, and storm drains. Licensee shall
not place identification signs within the public right -of -way.
3 �1
Upon request, Licensee agrees to assist in locating underground facilities which are part of its
system. Such assistance will be provided in a timely manner, but not more than forty -eight
(48) hours after the time of request. As a condition of this agreement Licensee shall enroll as a
member of the "Iowa One -Call System" and shall respond to all requests and notifications
placed to the toll- free "One -Call" number.
Licensee shall restore and replace any surface vegetation removed or damaged during
Licensee's exercise of its rights granted herein with sod or other such vegetation approved by
the Director of Public Works and in conformance with City ordinances and the standard local
practices for placing sod.
SECTION 9. ABANDONED FACILITIES
Thirty days prior to abandonment of any electrical transmission line component, Licensee shall
notify the City of its intentions. Licensee shall remove manholes, handholes, vaults, overhead
facilities and equipment related hereto from the License Area as required in conjunction with
other right -of -way repair, excavation or construction unless this requirement is waived by the
Director of Public Works.
SECTION 10, POWERS OF CITY OF IOWA CITY
Nothing in this Agreement shall be construed to abridge the right or power of the City to make
further regulations relative to the use of the streets, alleys and Public Property by anyone using
the same for the installation and maintenance of utility systems, including, but not limited to,
fees for use of Public Property. Any such further regulations shall apply to Licensee and to this
Agreement.
SECTION 11. PLANS AND COORDINATION
Upon completion of any work performed in accordance with this Agreement, including the initial
installation and subsequent modifications or relocations of electrical transmission line
components, Licensee shall promptly furnish to the City copies of "as- built" plans related to any
electrical transmission line component located on Public Property.
Licensee shall keep complete and accurate maps and records of the locations and operations of
its electrical transmission line, including buried abandoned facilities.
SECTION 12. VIOLATIONS OF AGREEMENT
In the event that Licensee is in breach of this Agreement, or has violated or breached any local,
state or federal law or regulation related to the rights granted herein (hereinafter referred to as
"default', the City shall give written notice to Licensee of the default. Licensee shall cure such
default within thirty (30) calendar days after receipt of such notice; provided, however, where
any such default cannot reasonably be cured within such thirty (30) day period, the time for
curing such default shall reasonably be extended for such period of time as may be necessary
to promptly complete such cure with due diligence.
If the City determines that Licensee's default is an immediate danger to public health, safety or
welfare and requires immediate action, the City may provide written notice of said
4 `'I
determination to Licensee and immediately remedy the default by doing the act itself, or
through a contractor, and charge the costs of such work to Licensee.
If Licensee fails to cure a default within the time allowed, the City shall have the right to:
seek specific performance; or
remedy the default by doing the act itself, or through a contractor, and charge the
costs of such work to the electrical transmission line; or
iii. seek damages of such default; or
iv. any combination of (i), (ii) and (iii).
SECTION 13. LIABILITY, INDEMNIFICATION AND INSURANCE
Licensee covenants to indemnify, defend and save the City and its officers, agents and
employees, harmless from any and all damages arising directly from the exercise of the rights
granted herein. Licensee agrees to require contractors and subcontractors engaged in work for
Licensee on Public Property to maintain insurance coverage during the term of their work and
to provide the City with certificates of insurance satisfactory to City.
SECTION 14, SEVERABILITY
In the event a court of competent jurisdiction shall adjudge any provision or provisions hereof
invalid or illegal, or direct a change by Licensee in any matter or thing herein contained, such
invalidity, illegality or change shall be deemed severable and shall in no way affect the
remaining provisions of this Agreement or their validity or legality and this Agreement in all
other respects shall continue in full force and effect as if said provision or provisions had not
been so adjudged invalid or illegal, or such change had not been directed. At the City's option,
and upon a court's ruling of invalidity or illegality, the City may cause this Agreement to be
terminated.
SECTION 15. ASSIGNMENT
Neither party shall assign or otherwise transfer this Agreement or any of its rights and interest
to any firm, corporation or individual, without the prior written consent of the other party.
SECTION 16. TERMINATION OF AGREEMENT AND VACATION OF STREETS AND ALLEYS
The City may terminate this Agreement at any time upon thirty (30) days notice provided to
Licensee, if the City determines that the License Area is needed for a public purpose and should
be cleared of any and all obstructions. When not in conflict with other City purposes, needs or
uses, as long as Licensee exercises the rights granted to it hereunder, the City will not, by
ordinance or otherwise, vacate any street, alley or Public Property in which Licensee has
installed its facilities without reserving such rights as necessary to allow continued use of such
property for the Electrical transmission line in accordance with the terms of this Agreement,
provided that nothing herein shall limit the City's right to require Licensee to relocate its
Electrical transmission line as provided in Section 8 hereof.
5 0
SECTION 17. DELIVERY OF NOTICES
Except as may be expressly provided herein, any notices hereunder shall be in writing and shall
be delivered via certified mail and addressed as follows, unless indicated otherwise in the
future:
If to City: Public Works Director
City of Iowa City
City Hall
410 E. Washington Street
Iowa City, IA 52240
If to Licensee: Doug Feldman
Senior Project Manager
IWireless
4135 Urbandale Drive
Urbandale, IA 50322
515 - 258 -7000
Provided, however, that in case of an emergency, notices may be given verbally to the above -
named persons. In such case, written confirmation should be provided. Nothing contained
herein shall prevent other forms of notice if actually received by addressee. Notice shall be
deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice
is received.
SECTION 18. RECORDATION
This agreement shall be recorded in the Johnson County Recorder's Office, at Licensee's
expense.
Dated this IS day of MA —12012.
CITY OF IOWA CITY IWIRELESS, LLC
Matthew J. Hayek, Mayor 4414 By:
Attest: '�
City derk
Approved by:
k�-
City Attorney's Office S ( (I
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6 �1
CITY OF IOWA CITY ACKNOWLEDGMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this IS day of MAX 2012, before me, the undersigned, a Notary Public in and
for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me
personally known, and, who, being by me duly sworn, did say that they are the Mayor and City
Clerk, respectively, of said municipal corporation executing the within and foregoing instrument;
that the seal affixed thereto is the seal of said municipal corporation; that said instrument was
signed and sealed on behalf of said corporation by authority of its City Council, as contained in
Resolution No. 12- J3�j and passed by the City Council, on the 15 e)t day of
✓ A!f 2012, and that Matthew J. Hayek and Marian K. Karr acknowledged the
execution said instrument to be the voluntary act and deed and the voluntary act and deed of
said corporation, by it and by them voluntarily executed.
If", L0QmMyr3nC1806N1r0n'm =1'RT Notary Public in and for the State of Iowa
Nu
My commissio n expires:
LICENSEE ACKNOWLEDGMENT
IWIRELESS LLC
STATE OF IOWA
) ss:
JOHNSON COQNTY )
On this j day of �n
and for the State of Iowa
sworn did sa that that person is thi
that said instrument was signed on
directors or trustees and the said
of said instrument to be the vo_ lu
executed.
qo� JENNIEER 80WLES Commission Number 755060
My NNI iss'on LES
_, 2012, before me, the undersigned, a Notary Public in
in and for said county, personally appeared
tg me personally known, who being by me duly
'(��0,11 ti'Aj i'/, IIVYL ' of said corporation and
half of the said or orati ny authority of its board of
x X4 -F acknowledged the execution
ry ac a d deed o said corporation by it voluntarily
Wary Pubtl m and for the State of Iowa
My commission expires: to
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Doc ID: 022528300003 Type: GEN
Kind: ORDINANCE
Recorded: 05/21/2012 at 01:52:32 PM
Fee Amt: $17.00 Page 1 of 3
Johnson County Iowa
Kim Painter County Recorder
S - S �d o
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is
a true and correct copy of Ordinance No. 12-4481 which was passed by the City Council of Iowa City,
Iowa, at a regular meeting held on the 15t" day of May, 2012, is a true and correct copy, all as the same
appears of record in my office.
Dated at Iowa City, Iowa, this 17°1 day of May, 2012.
7
/ % %ill ✓f� :, <� --' /- / • /�l�/�
Marian K
City Clerk
\ord
C0RP0PAT E %S IF JI'� !-
410 EAST WASHINGTON STREET o IOWA CITY, IOWA 52240 -1826 e (319) 356 -5000 • FAX (319) 356 -5009
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240
(REZ12- 00003)
ORDINANCE NO. 12 -44gl
AN ORDINANCE REZONING APPROXIMATELY 2.43 ACRES OF LAND FROM INTENSIVE
COMMERCIAL (CI -1) TO COMMUNITY COMMERCIAL (CC -2) FOR PROPERTIES LOCATED EAST
OF WEST SIDE DRIVE AND NORTH OF MORMON TREK BOULEVARD NEAR ITS INTERSECTION
WITH HIGHWAY 1 WEST (REZ12- 00003).
WHEREAS, the applicant, McDonald's USA, LLC, has requested a rezoning of property located east of
West Side Drive and north of Mormon Trek Boulevard near its intersection with Highway 1 West from
Intensive Commercial (CI -1) to Community Commercial (CC -2);
WHEREAS, two properties adjacent to the applicant's property that are similarly situated with visibility
and access to two major arterial streets are included in this rezoning action, with the consent of the property
owner, in order to create a consistent and logical zoning pattern; and
WHEREAS, the Comprehensive Plan indicates that this area is intended to provide the opportunity for a
large variety of commercial uses that serve a major segment of the community, and due to the location at
the intersection of two arterial streets and near a highway interchange serve a regional market with visibility
and access more suited to retail commercial uses and restaurants rather than for quasi - industrial uses or
back office functions; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning
designation of Intensive Commercial (CI -1) to Community Commercial (CC -2):
LEGAL DESCRIPTION
LOTS 1, 2, AND 3 OF WEST SIDE PARK ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA, AS
DESCRIBED IN BOOK 38, PAGE 113 BY THE JOHNSON COUNTY RECORDER.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION 111. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at
the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION IV, REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the 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 VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 15th day of May, 2012.
n
MAYOR Q
ATTEST: .oz/ `7� � +>1 Approved by: 'L cl- ✓d'Ltv�yt tsJ7flia�l P
C TY CLERK City Attorney's Office
�q
Ordinance No. 12 -4481
Page 2
It was moved by Champion and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
�1!
x
x
x
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 4/1712012
Voteforpassage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton,
Champion. NAYS: None. ABSENT: None.
Second Consideration 5/1/2012
Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion,
Dickens. NAYS: None. ABSENT: None.
Date published 5/24/2012
it'
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�illlllllllllllllllllllllllllllllllll
Doc ID: 022553140012 Type: GEN
Kind: RESOLUTION
Recored:
Fee Amt: $62.00 /Page It M
of A
Johnson County Iowa
Kim Painter County Recorder
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached
hereto is a true and correct copy of Resolution No. 12-266 which was passed by the City Council
of Iowa City, Iowa, at a regular meeting held on the 5d' day of June, 2012, all as the same
appears of record in my office.
Dated at Iowa City, Iowa, this 11 °i day of June, 2012.
Marian K)Karr
City Clerk
\res
410 EAST WASHINGTON STREET e IOWA CITY, IOWA 52240 -1826 a (319) 356 -5000 e FAX (319) 356 -5009
1 `�
Prepared by: Kimberly Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139
RESOLUTION NO. 12 -26
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA
HEALTH SYSTEM AND BROADBRAND, INC., TO USE CERTAIN PUBLIC RIGHTS -
OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER
OPTIC NETWORK.
WHEREAS, Iowa Health System and Broadband, Inc. desire to install a buried conduit system
containing fiber optic telecommunications cable within certain City of Iowa City public rights -of-
way; and
WHEREAS, the City of Iowa City desires to give Iowa Health System and Broadband, Inc. a
license to use those rights -of -way for such purposes; and
WHEREAS, it is in the public interest to enter into a license agreement with Iowa Health System
and Broadband, Inc. concerning the location of and responsibility for the installation and
maintenance of the fiber optic cable.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The attached license agreement between the City of Iowa City and Iowa Health System
and Broadband, Inc. to use certain public rights -of -way as set out in said agreement for
the placement of fiber optic cable is in the public interest, and is hereby approved as to
form and substance.
2. The Mayor is authorized to execute and the City Clerk to attest the attached agreement,
on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record
the resolution and agreement in the Johnson County Recorder's Office, at Iowa Health
System and Broadband Inc.'s expense.
Passed and approved this 5th day of June
C ®'PO�
ATTESTS,'
'PITWGLERK
MAYOR A
2012.
Approved by
City Attorney's Office
i
0
Resolution No.
Page 2
12 -266
It was moved by Payne and seconded by Mims the
Resolution be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
x
NAYS:
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Tinogmorton
�y1
A LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND IOWA
HEALTH SYSTEM AND BROADBAND, INC. FOR USE OF PUBLIC RIGHTS -OF -WAY FOR
THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK.
SECTION I. DEFINITIONS
a. "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its
officers, employees and agents.
b. "Public Improvements" shall mean any publicly -owned improvements on public property,
including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic
signals, water mains, sewers, electrical transmission lines and equipment related thereto,
cable and telephone lines and equipment related thereto.
c. "Public Property" shall mean publicly -owned or controlled public land and rights -of -way,
easements, bridges, parks squares and commons.
"Network" shall mean cables, underground conduits, handholes, vaults, fiber optic cables,
overhead transmission lines and other overhead cable and lines necessary for the provision
of fiber optic service, including the equipment owned, operated, leased, or subleased by
Licensee for the provision of said service.
e. "Licensee" shall collectively mean Iowa Health System, an Iowa corporation located at 1200
Pleasant Street, Des Moines, Iowa and Broadband, Inc., an Iowa corporation located at
1200 Pleasant Street, Des Moines, Iowa.
SECTION 2. BASIC GRANT
Licensee is hereby granted a license to construct, maintain, inspect, protect, repair, replace and
retain the Network in, under, upon, along and across the Public Property shown and generally
identified in Exhibits A -K, attached hereto and incorporated herein by this reference and
specifically identified in the network map approved according to Section 3 below ("License
Area'), according to the terms of this Agreement and subject to the regulatory powers of the
City.
SECTION 3. INSTALLATION, REPAIR, EXTENSION OR EXPANSION OF THE NETWORK
Before commencing any extension or expansion of its system, or any major repair work or the
installation of any new Network component within the License Area, the Licensee shall file with
the Public Works Department of the City a written statement verifying the public property under
which or upon which Licensee proposes to extend, expand, install or repair its system. The
Director of Public Works may require the statement be accompanied by a map, plan or
specifications showing the proposed location of the system components with references to
streets and alleys, existing public utilities, the size and dimensions of all facilities, and the
distance above or beneath the surface of the ground proposed for repair or installation,
No Network component shall interfere with the reasonable and proper use, construction,
reconstruction and maintenance of any public improvements or any existing City-owned public
utility system component, or other structure upon or under Public Property. In the event that
the proposed Network plan shows such interference, the Director of Public Works shall, within
1�'
reasonable time after the filing of such plan, map or specifications, note the changes necessary
to eliminate the interference and refer the same back to Licensee for modification of the plans.
Any such review, approval or amendment shall remain subject to the provisions in Section 8
herein. Once the map, plan, or specifications are approved by the Public Works Director, they
shall be filed in the Public Works Department and an excavation permit may be issued
authorizing Licensee to proceed in accordance with the approved maps, plans, and /or
specifications. Licensee shall not perform any work on the Network within the License Area prior
to the issuance of the permit herein provided for unless it is an emergency as described in
Section 5. All work performed shall be in accordance with the approved maps, plans or
specifications and the terms of this License.
SECTION 4. CONSTRUCTION AND REPAIR OF NETWORK
To protect the public and assure the safe and efficient movement of traffic, Licensee shall
properly barricade any Public Property used by Licensee in compliance with, at a minimum, the
requirements set forth in the Manua/ on Uniform Traffic Control Devices. Licensee shall
properly and speedily replace any and all pavement removed or damaged by Licensee in
accordance with the City's regulations, City's Municipal Design Standards and Standard
Construction Specifications, and warranted for a period of five (5) years. As a condition to the
use of the License Area, Licensee shall, at its own expense, repair or cause repair to any private
property public utility system component, public improvement or Public Property damaged by
Licensee. If Licensee fails to repair or arrange with the City for the proper repair of any Public
Property after excavations have been made, and after thirty days notice in writing to do so
given to its designated representative, then the City may make such repairs at the expense of
Licensee.
SECTION 5. EXCAVATIONS
The City hereby grants Licensee a license to make excavations within the License Area for the
purpose of routine repair, replacement, and maintenance of wires, lines or other Network
system components according to the following conditions:
a. Licensee shall first obtain an excavation permit as required by to City Ordinances and
Regulations;
b. Licensee shall not unnecessarily obstruct the use of streets, avenues, alleys or public
places;
c. Licensee shall provide the Public Works Director with twenty-four (24) hours notice prior
to the actual commencement of the work, and shall comply with all City provisions,
requirements and regulations in performing such work.
d. Licensee shall provide three (3) day notice to the Public Works Director for any work
requiring a street closure or detour prior to such closure or detour.
In emergencies which require immediate excavation, Licensee may proceed with the minimum
work necessary to remedy the emergency without first applying for or obtaining an excavation
permit, provided, however, that Licensee shall apply for and obtain the permit as soon as
possible after commencing such emergency work. Excavations shall not remain open for more
than five (5) working days without prior City approval.
Failure to Comply; Remedies. If the Network fails to comply with the provisions of this Section,
the City may repair or restore the Public Property, at Licensee's expense, to the condition of the
2
�A
property prior to the disturbance by Licensee. Licensee shall pay the costs of such repair or
restoration within sixty (60) days after receipt of the City's billing.
SECTION 6, WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO
CONFORM WITH PUBLIC IMPROVEMENTS
The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts,
manholes and other appurtenances, and to do, or permit to be done, any underground and
overhead installation of improvements that may be deemed necessary or proper by the City in,
across, along, over or under any portion of the License Area occupied by the Network, and to
change any curb or sidewalk or the grade of any street. In permitting others to do such work,
the City shall not be liable to Licensee for any Network damage arising out of the performance
of such work by other parties. Nothing in this Agreement shall be construed to relieve other
persons or corporations from liability for damage to the Network.
SECTION 7. LICENSEE CONTRACTORS
The requirements of this License Agreement shall apply to all employees, agents, persons, firms
or corporations performing work for Licensee under a contract, subcontract, time and materials
arrangement or other type of work order.
SECTION 8. CONDITIONS OF STREET OCCUPANCY
Licensee's use of any Public Property for the purposes set forth in this Agreement shall be in
conformance with the established grades of streets, alleys and sidewalks, and be so located as
to cause minimum interference with the rights or reasonable convenience of property owners
who adjoin Public Property.
Licensee shall exercise its rights granted herein in such manner as to cause as little interference
as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any,
given by the Director of Public Works.
Licensee shall, upon reasonable notice and at its sole cost and expense, remove, locate and
relocate its facilities in, on, over or under the License Area in such manner as the City may, at
any time, require for the purpose of facilitating the construction, reconstruction, maintenance,
repair or change in grade of any public improvement on, in or about any such Public Property,
for the purposes of facilitating the vacation and /or redevelopment of Public Property or public
right -of -way by the City. In the event Licensee fails to act within a reasonably allocated time,
the City may cause the Network facilities to be relocated, and the costs thereof shall be to the
Licensee and shall be paid as provided in Section 5 hereof. Claims for delay of work from
contractors employed by the City that are a result of Network's failure to act within a
reasonable time shall be the responsibility of the Licensee. In the case of Public Works
projects, reasonable time shall be defined six weeks after the public hearing approving the
plans and specifications for said project.
Licensee shall not place any Network component in the License Area where the same will
interfere with the normal use or maintenance of any public improvement, including but not
limited to streets, alleys sidewalks, traffic control devices, sanitary sewers, storm sewers, storm
drains or water mains, electrical transmission lines or any public utility facility. Licensee shall
maintain a five (5) foot minimum horizontal clearance from any public utility, including water
3
�L�
mains, storm sewers, sanitary sewers, and storm drains. Licensee shall not place identification
signs within the public right -of -way.
Upon request, Licensee agrees to assist in locating underground facilities which are part of its
system. Such assistance will be provided in a timely manner, but not more than forty-eight
(48) hours after the time of request. As a condition of this agreement Licensee shall enroll as a
member of the "Iowa One -Call System" and shall respond to all requests and notifications
placed to the toll -free "One -Call" number.
Licensee shall restore and replace any surface vegetation removed or damaged during
Licensee's exercise of its rights granted herein with sod or other such vegetation approved by
the Director of Public Works and in conformance with City ordinances and the standard local
practices for placing sod.
SECTION 9. ABANDONED FACILITIES
Thirty days prior to abandonment of any Network component, Licensee shall notify the City of
its intentions. Licensee shall remove manholes, handholes, vaults, overhead facilities and
equipment related hereto from the License Area as required in conjunction with other right -of-
way repair, excavation or construction unless this requirement is waived by the Director of
Public Works.
01060161 ]KIM' • ri9R[; Y�]
Nothing in this Agreement shall be construed to abridge the right or power of the City to make
further regulations relative to the use of the streets, alleys and Public Property by anyone using
the same for the installation and maintenance of utility systems, including, but not limited to,
fees for use of Public Property. Any such further regulations shall apply to Licensee and to this
Agreement. In the event that any such fees are imposed on Licensee, the failure to pay such
fees will be considered a violation of this agreement pursuant to Section 12 below.
SECTION 11, PLANS AND COORDINATION
Upon completion of any work performed in accordance with this Agreement, including the initial
installation and subsequent modifications or relocations of Network components, Licensee shall
promptly furnish to the City copies of "as- built" plans related to any Network component located
on Public Property.
Licensee shall keep complete and accurate maps and records of the locations and operations of
its Network, including buried abandoned facilities.
SECTION 12. VIOLATIONS OF AGREEMENT
In the event that Licensee is in breach of this Agreement, or has violated or breached any local,
state or federal law or regulation related to the rights granted herein (hereinafter referred to as
"default'), the City shall give written notice to Licensee of the default. Licensee shall cure such
default within thirty (30) calendar days after receipt of such notice; provided, however, where
any such default cannot reasonably be cured within such thirty (30) day period, the time for
curing such default shall reasonably be extended for such period of time as may be necessary
to promptly complete such cure with due diligence.
�O�
If the City determines that Licensee's default is an immediate danger to public health, safety or
welfare and requires immediate action, the City may provide written notice of said
determination to Licensee and immediately remedy the default by doing the act itself, or
through a contractor, and charge the costs of such work to Licensee.
If Licensee fails to cure a default within the time allowed, the City shall have the right to:
seek specific performance; or
remedy the default by doing the act itself, or through a contractor, and charge the
costs of such work to the Network; or
iii. seek damages of such default; or
iv. any combination of (i), (ii) and (iii).
SECTION 13. LIABILITY, INDEMNIFICATION AND INSURANCE
Licensee covenants to indemnify, defend and save the City and its officers, agents and
employees, harmless from any and all damages arising directly from the exercise of the rights
granted herein. Licensee agrees to require contractors and subcontractors engaged in work for
Licensee on Public Property to maintain insurance coverage during the term of their work and
to provide the City with certificates of insurance satisfactory to City.
SECTION 14. SEVERABILITY
In the event a court of competent jurisdiction shall adjudge any provision or provisions hereof
invalid or illegal, or direct a change by Licensee in any matter or thing herein contained, such
invalidity, illegality or change shall be deemed severable and shall in no way affect the
remaining provisions of this Agreement or their validity or legality and this Agreement in all
other respects shall continue in full force and effect as if said provision or provisions had not
been so adjudged invalid or illegal, or such change had not been directed. At the City's option,
and upon a court's ruling of invalidity or illegality, the City may cause this Agreement to be
terminated.
SECTION 15. ASSIGNMENT
Neither party shall assign or otherwise transfer this Agreement or any of its rights and interest
to any firm, corporation or individual, without the prior written consent of the other party.
SECTION 16. TERMINATION OF AGREEMENT AND VACATION OF STREETS AND ALLEYS
The City may terminate this Agreement at any time upon thirty (30) days notice provided to
Licensee, if the City determines that the License Area is needed for a public purpose and should
be cleared of any and all obstructions. When not in conflict with other City purposes, needs or
uses, as long as Licensee exercises the rights granted to it hereunder, the City will not, by
ordinance or otherwise, vacate any street, alley or Public Property in which Licensee has
installed its facilities without reserving such rights as necessary to allow continued use of such
property for the Network in accordance with the terms of this Agreement, provided that nothing
I
herein shall limit the City's right to require Licensee to relocate its Network as provided in
Section 8 hereof.
SECTION 17. DELIVERY OF NOTICES
Except as may be expressly provided herein, any notices hereunder shall be in writing and shall
be delivered via certified mail and addressed as follows, unless indicated otherwise in the
future:
If to City: Public Works Director
City of Iowa City
City Hall
410 E. Washington Street
Iowa City, IA 52240
If to Licensee: Tom Beaver
Asst. Director of Technology
Iowa Health System
118 2nd St. SE, Suite 290
Cedar Rapids, IA 52401 -1201
319 - 739 -2502
Tony Langenstein
Chief Operating Officer
Broadband, Inc.
118 2nd St. SE, Suite, 290
Cedar Rapids, IA 52401 -1201
319 - 739 -2406
Provided, however, that in case of an emergency, notices may be given verbally to the above -
named persons. In such case, written confirmation should be provided. Nothing contained
herein shall prevent other forms of notice if actually received by addressee. Notice shall be
deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice
is received.
SECTION 18, RECORDATION
This agreement shall be recorded in the Johnson County Recorder's Office, at Licensee's
expense.
Dated this 5th day of
CITY OF IOWA CITY
Matthew J. Hayek, Mayor
2012.
IOWA HEALTH SYSTEM
By �— _
Jo 41n for
e
Chief ma tion Officer /Vice President
Attest: 7% �� yC - /l4it/ BROADBAND, INC,
City Jerk
By: Jooro5ter ®e®
rqDirector, Broadband, Inc,
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Approved by:
�cttu %�u✓ru,�r,s�rcQ a�
City Attorney's Office q I I Z
CITY OF IOWA CITY ACKNOWLEDGMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 5 day of 2012, before me, the undersigned, a Notary Public in and
for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me
personally known, and, who, being by me duly sworn, did say that they are the Mayor and City
Clerk, respectively, of said municipal corporation executing the within and foregoing instrument;
that the seal affixed thereto is the seal of said municipal corporation; that said instrument was
signed and sealed on behalf of said corporation by authority of its City Council, as contained in
Resolution No. is -a66 and passed by the City Council, on the 6 "' day of
J rF 2012, and that Matthew J. Hayek and Marian K. Karr acknowledged the
execution said instrument to be the voluntary act and deed and the voluntary act and deed of
said corporation, by it and by them voluntarily executed.
io.p�s SONDRAE FORT Notary Public in and for the State of Iowa
>_ CommiSSlon Number 159791
My Commission Expires
ow a aoi My commission expires: a /�?/ "70
LICENSEE ACKNOWLEDGMENT
IOWA HEALTH SYSTEM
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this I I _ day of _ n , 2012, before me, the undersigned, a Notary Public in
and for the State of Iowa, in and for said county, personally appeared Joy Grosser, to me
personally known, who being by me duly sworn did say that that person is the
!'hir ( In%t mnii,,, f,,,4aw / vP of said corporation and that said instrument was signed on
behalf of the said corporation by authority of its board of directors or trustees and the said
oli,1k Inforlym -111A) C ic_ /\IP acknowledged the execution of said instrument to be the
Voluntary act and deed of said corporation by it voluntarily executed.
ionm� m. )u)iPAoiA
�pPA� s :CCMMISSION ONNIE ME M. SIMPSON Notary Public in and for the State of Iowa
g NO.223924
Y COMMISSION EXPIRES My commission expires: At L)u,t lD,761L
U US-I- 1012Uit
`A
LICENSEE ACKNOWLEDGMENT
BROADBAND, INC.
STATE OF IOWA
3 ss:
JOHNSON COUNTY )
On this H day of M11.0( , 2012, before me, the undersigned, a Notary Public in
and for the State of Iowa, iri and for said county, personally appeared Joy Grosser, to me
personally known, who being by me duly sworn did say that that person is the
Dire _toe of said corporation and that said instrument was signed on
behalf of the said corporation by authority of its board of directors or trustees and the said
.bkedoie acknowledged the execution of said instrument to be the
voluntary act and deed of said corporation by it voluntarily executed.
o P ^� s CoNNIE M. SIMPSON Notary Public in and for the State of Iowa
� � COMMISSION N0. 223924
MY COMMISSION EXPIRES My commission expires: (G - iU 2b1L}
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STATE OF IOWA
JOHNSON COUNTY
Doc ID: 022556740023 Type. GEN
Kind: SUBDIVISION
Recorded: 06/14/2012 at 02:06:34 PM
Fee Amt: $117.00 Page 1 of 23
Johnson County Iowa
!m Painter County Recorder
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CITY OF IOWA CITY
4t0 East Washington Street
10tva [Ity. 101+2 52240.1826
(319) 3565000
(3 19) 3565009 FA%
n.'Mcgov.org
I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached
hereto is a true and correct copy of Resolution No. 12-275, which was passed by the City Council of
Iowa City, Iowa, at a regular meeting held on the 5th day of June, 2012, all as the sauce appears of
record in my office. Also attached are the final legal documents for First American Bank 211d
�j Addition, Iowa City, Iowa as follows:
Dated at Iowa City, Iowa, this � day of 2012.
Marian K-. Karr
City Clerk
Ves subdivision
A CORPORATE SEAL
v
1. Owner's Consent to Plat
2. Attorney's Opinion
3. Treasurer's Certificate
4. Auditor's Certificate
5. Access Easement
6. Sign Easement
Dated at Iowa City, Iowa, this � day of 2012.
Marian K-. Karr
City Clerk
Ves subdivision
A CORPORATE SEAL
v
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5240 (SUB12-
00007)
RESOLUTION NO. 12 -275
RESOLUTION APPROVING FINAL PLAT OF
FIRST AMERICAN BANK SECOND ADDITION, IOWA CITY, IOWA.
WHEREAS, the owner, First American Bank, filed with the City Clerk the final plat of First American
Bank Second Addition, Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson
County, Iowa, to wit:
LOTS 1 AND 2, FIRST AMERICAN BANK ADDITION, IOWA CITY, IOWA, AS
RECORDED IN PLAT BOOK 51, AT PAGE 358, OF THE RECORDS OF THE JOHNSON
COUNTY RECORDER'S OFFICE, WHICH LIES IN THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE
FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA. SAID LOTS 1 AND 2
CONTAINS 3.38 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with the
free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(2011) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The said final plat and subdivision located on the above - described real estate be and the
same are hereby approved.
2. The City accepts the dedication of the easements as provided by law
3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said
subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after
passage and approval by law. The City Clerk shall record the legal documents and the plat at
the office of the County Recorder of Johnson County, Iowa at the expense of the
owner /subdivider.
M
Resolution No. --U-275
Page 2
Passed and approved this 5th day of
ATTEST: Y` k /lam-%
CITY ERK
June
MAYOR
201 .2
Approved by
City Att The sLOffi
It was moved by Payne and seconded by Dickens the Resolution be
adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
NAYS:
ABSENT:
Dobyns
Champion
Dickens
Hayek
Mims
Payne
Throgmorton
I pcMemplates /Am Bank Adtln f_nai Plal R?sdulion decGina4 Pla4 F2essWfuFedca doc /7 5/
F
ATTORNEYS AT LAWa
May 7, 2012
City of Iowa City
410 E. Washington Street
Iowa City, Iowa 52240
Re: Plat Opinion
Ladies and Gentlemen:
Brown, Winick, Graves, Gross, 666 Grand Avenue, Suite 2000
Baskerville and Schoenebaum, P.L.C. Ruan Center, Des Moines, IA 503092510
direct phone: 515- 242 -2447
direct fax: 515- 323 -8547
email: liamborg@brownwinick.com
brownwinick.eom
Pursuant to Iowa Code § 354.11(3) (2011), I have examined Abstract No. 111517 of
Security Abstract Company of Johnson County, Iowa, and prior abstracts thereto, showing
record title from the root of title to and including March 1, 2012 at 5:30 p.m., for the real estate
located in Johnson County, Iowa and described as follows (the "Real Estate "):
Lots 1 and Lot 2 in First American Bank Addition, a Resubdivision of Lot 2 of Ruppert
Hills, Iowa City, Iowa, according to the plat thereof recorded in Book 46, Page 47, Plat
Records of Johnson County Iowa
As of the date of the last continuation of the abstract, I certify that the record title to the
Real Estate is vested in
FIRST AMERICAN BANK, an Iowa Banking Corporation
subject to the following:
1. Pursuant to Iowa Code § 354.11(3) (2011), I certify that there are no mortgages,
liens, or other encumbrances on the Real Estate hereinabove described except the following:
A. Real Estate Mortgage and Security Agreement dated June 21, 2006, by
and between Iowa Wireless Services, LLC, Mortgagor and CoBank, ACB, as
mortgagee, covering the leasehold interest of mortgagor in a portion of the Real
Estate. Said mortgage was filed July 27, 2006 in Book 4060, Page 734. The
mortgage was amended on April 1, 2009 through an amendment filed June 24,
2009 in Book 4462, Page 329.
B. Memorandum of Lease dated August 20, 2008, from First American Bank
to Iowa Wireless Services, LLC, recorded October 3, 2008 in Book 4354, Page
768.
A Orm Comraitrilent to Business' " 1 515-242 -2400 phone 515.283.0231 fax wvmbrownwinick.com V
May 7, 2012
Page 2
C. Pedestrian Access Easement Agreement, dated April 4, 2003, and filed of
record May 29, 2003, at Book 46, Page 47. Said Easement is in favor of the City
of Iowa City and grants pedestrian access along a portion of the Real Estate. A
Pedestrian Access Easement Agreement is also reflected at Book 3674, Page 247,
and appears to affect the Real Estate.
D. Subdivider's Agreement filed at Book 3550, Page 960 among Callaway
Development Corporation, Ruppert Family, L.L.C. and the City of Iowa City,
Iowa.
E. Developer's Agreement dated October 17, 2003 between RayCal Iowa,
Ltd. and the City of Iowa City, Iowa, filed December 3, 2003, at Book 3674,
Page 247.
F. Protective Covenants and Restrictions for the Real Estate, dated October
6, 2005, filed October 11, 2005 in Book 3951, Page 42.
G. Private Driveway Easement Agreement, dated October 6, 2005, filed
October 12, 2005, in Book 3951, Page 47.
H. Easements and agreements filed with the plat of First American Bank
Addition on April 23, 2007 in Book 4149, Page 806.
2. Real estate taxes for fiscal year 2009/2010 and all prior years are shown as paid.
2010 /2011 real estate taxes as follows: first half $46,501 paid; second half, $46,501 due but not
delinquent.
Insofar as this opinion is prepared pursuant to Iowa Code § 354.11(3) (2011), certain
other items such as utility easements have been omitted from this opinion. This opinion is given
strictly for platting purposes, and no opinion is expressed herein with respect to utility easements
or similar matters that affect the property under examination herein.
In issuing this opinion, I pass only on the title as shown in the above- described abstract. I
can give no report on (a) location of all public utility lines that service the property and the
necessary easements therefore; (b) easements existing by virtue of usage, as the same does not
appear on the abstract; (c) location of boundary lines; (d) stolen or forged documents; (e) rights
of undisclosed spouses; and (f) rights of parties in possession.
You should ascertain also that no improvements either in the form of labor or materials,
which have been placed on the premises in the last ninety days, still remain unpaid, as they
would constitute liens without being shown of record.
iP
May 7, 2012
Page 3
You should determine whether any solid waste, hazardous substances, pollutants, above
or below ground storage tanks, drainage wells, water wells, landfill 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 cleanup, or other
remedial actions 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
conditions, and acquired the property without knowing about it.
No report is made by the abstracter of special assessments not yet shown on the tax books
of Johnson County, Iowa; and therefore, no examination is made as to these. This opinion is
rendered solely for the benefit of the addressee or addressees named herein. No other persons
shall be entitled to rely upon the contents of this opinion or the conclusions expressed herein
without the prior written consent of the undersigned examining attorney.
Very truly yours,
Kelly D. Hamborg
KDH/kh
GO
Prepared by and upon recordation return to:
Kelly D Hamborg 666 Grand Ave Ste 2000 Des Moines IA 50309; (515) 242 -2400
AMENDED AND RESTATED CROSS ACCESS AND PARKING EASEMENT
KNOW ALL PERSONS BY THESE PRESENTS:
wit:
WHEREAS, First American Bank is the owner of the following described real estate, to
Lots 1 and 2 in First American Bank Addition, an Official Plat, now included in and
forming a part of the City of Iowa City, Johnson County, Iowa;
which is being re- platted as:
Lots 1 and 2 in First American Bank Second Addition, a re- subdivision of Lots 1 and 2 of
First American Bank Addition, Iowa City, Johnson County, Iowa
and,
WHEREAS, the final plat of First American Bank Addition set forth certain cross
access rights and parking easements between Lot 1. and Lot 2 in said subdivision; and
WHEREAS, these cross access rights and parking casements were set forth in a Cross
Access and Parking Easement dated April 11, 2007, which with the other plat documents, was
filed for record on April 23, 2007 in Book 4149, Page 806 of the Johnson County Recorder's
Office (the "Original Easement "); and
WHEREAS, First American Bank has filed a new subdivision plat for the lots in the
First American Bank Addition, which has been designated First American Bank Second
Addition, a re- subdivision of lots 1 and 2 of First American Bank Addition; and
WHEREAS, First American desires to amend and restate the cross access rights and
parking easements set forth in the Original Easement; and
qP
WHEREAS, by means of this Agreement, First American Bank in furtherance of the
provisions of the final plat of First American Bank Second Addition, hereby sets forth the
agreement and understanding with respect to the cross access and parking easements with respect
to Lot I and Lot 2 of First American Bank Second Addition, as well as the maintenance
obligations with respect thereto.
NOW THEREFORE, in consideration of the sum of One Dollar ($1.00) and other
valuable consideration, the receipt of which is hereby acknowledged, First American Bank does
hereby establish the following terms, obligations and rights with respect to the easements granted
herein.
1. Termination of Original Easement. The Original Easement is hereby terminated,
and shall be replaced with the easements and rights set forth herein. All references to "Lots" in
the provisions of Sections 2 through 13 below shall refer to the lots in First American Bank
Second Addition.
2. Grant of Vehicular Access Easement. First American Bank hereby grants and
conveys to the owner of Lot 2 a non - exclusive easement for vehicular access, ingress, egress and
travel on and across the driveways, drives and frontage roads on Lot 1 in the area depicted in the
final plat of First American Bank Second Addition as "Existing 30.0' Access Easement ", as set
forth in the attached Exhibit "A ". Such areas are hereafter referred to as the "Driveway
Easement Area ". Such driveways, drives and frontage roads within the Driveway Easement
Area have been initially constructed and established by the owner of Lot 1, and may not
thereafter be relocated, removed, altered or modified at any time without the written consent of
the owner of Lot 2. The easement created herein shall be nonexclusive and for the use and
benefit of the owner of Lot 2, its successors, assigns, and such agents, customers, invitees,
licensees, employees, servants, contractors, mortgagees, tenants and tenants' customers, invitees,
employees, servants, licensees, contractors and agents as might be designated by such owner
from time to time (all of which persons are hereafter called "Permittees "). The owner of Lot 1
shall do nothing to prohibit or discourage the free and uninterrupted flow of vehicular traffic
through the Driveway Easement Area. Notwithstanding any other provision contained herein to
the contrary, no easements or rights for vehicular parking are granted under this Section 2.
3. Maintenance of Driveway Easement Area. The driveways, frontage roads and
drives within the Driveway Easement Area shall be maintained by the owner of Lot 1 at its sole
cost and expense. Maintenance duties shall include, but not be limited to, snow removal,
sweeping, sealing, striping, lighting, signage repair, surface repair, overlayment and
concrete /asphalt replacement. The owner of Lot 1 shall keep and preserve the driveways,
frontage roads and drives within the Driveway Easement Area in good condition and repair at all
times.
4. Parking Easement. First American Bank hereby grants and conveys to the owner
of Lot 2 a non - exclusive easement for parking and vehicular travel on and across the parking
2
IPA
areas and drives on Lot 1 in the area depicted in the final plat of First American Bank Second
Addition as "Existing 31.0' Parking Area Easement ", as set forth in the attached Exhibit "A ".
Such areas are hereafter referred to as the "Parking Easement Area ". Such parking and driveway
areas within the Parking Easement Area have been constructed and established at the sole cost
and expense of the owner of Lot 1, and may not thereafter be relocated, removed, altered or
modified at any time without the written consent of the owner of Lot 2, which consent shall not
be unreasonably withheld, conditioned or delayed. The easement created herein shall be
nonexclusive and for the use and benefit of the owner of Lot 2, its successors and assigns and its
Permittees. The owner of Lot I shall do nothing to prohibit or discourage the free and
uninterrupted flow of vehicular traffic for parking and access within the Parking Easement Area.
Provided, however, the owner of Lot 1 specifically reserves the right, at any time and from time
to time, to promulgate such rules and regulations applicable to the parking areas, drives and
driveways within the Parking Easement Area as might be reasonably imposed to, promote the
health, safety, welfare and security of such property, the improvements located thereon and the
Permittees of such owner. The owner of Lot 1 shall have the right to post appropriate signs
advising of these parking restrictions and may enforce these restrictions by towing or other legal
means. If unauthorized use is being made of the Parking Easement Area by the owner of Lot 2
or its respective Permittees, such unauthorized use may be restrained or terminated by
appropriate proceedings after written notice to the owner of Lot 2 and failure to abate such
unauthorized use within a reasonable time.
There shall be adequate parking on Lot 2 to serve the business(es) on that lot. The owner of Lot
2 shall not be entitled to include spaces within the Parking Easement Area to meet governmental
parking requirements for Lot 2.
5. Maintenance of Parking Easement Area. The parking areas, driveways and drives
within the Parking Easement Area shall be maintained by the owner of Lot 1 at its sole cost and
expense. Maintenance duties shall include, but not be limited to, snow removal, sweeping,
sealing, striping, lighting, signage repair, surface repair, overlayment and concrete /asphalt
replacement. The owner of Lot 1 shall keep and preserve the driveways and parking areas within
the Parking Easement Area in good condition and repair at all times.
6. Grant of Vehicular Access Easement — Southwest Quadrant. First American
Bank hereby grants and conveys to the owner of Lot 1 a non - exclusive easement for vehicular
access, ingress, egress and travel on and across the driveway, drives and frontage road on Lot 2
in the area depicted in the final plat of First American Batik Second Addition as "Existing 30.0
Access Easement ", as set forth in the attached Exhibit "A ". Such area is hereafter referred to as
the "Southwest Driveway Easement Area ". Such driveway, drive and frontage road within the
Southwest Driveway Easement Area has been initially constructed and established by the owner
of Lot 1, and may not thereafter be relocated, removed, altered or modified at any time without
the written consent of the owner of Lot 1. The easement created herein shall be nonexclusive
and for the use and benefit of the owner of Lot 1, its successors, assigns, and such agents,
customers, invitees, licensees, employees, servants, contractors, mortgagees, tenants and tenants'
3
customers, invitees, employees, servants, licensees, contractors and agents as might be
designated by such owner from time to time (all of which persons are hereafter called
"Perrnittees "). The owner of Lot 2 shall do nothing to prohibit or discourage the free and
uninterrupted flow of vehicular traffic through the Southwest Driveway Easement Area.
Notwithstanding any other provision contained herein to the contrary, no easements or rights for
vehicular parking are granted under this Section 6. In addition, the owner of Lot I shall be
entitled to full benefit and use of the existing access easement recorded in Book 3571, Page 822.
7. Maintenance of Southwest Driveway Easement Area. The driveway, drives and
frontage road within the Southwest Driveway Easement Area shall be maintained by the owner
of Lot 2 at its sole cost and expense. Maintenance duties shall include, but not be limited to,
snow removal, sweeping, sealing, striping, lighting, signage repair, surface repair, overlayment
and concrete /asphalt replacement. The owner of Lot 2 shall keep and preserve the driveway,
frontage road and drive within the Southwest Driveway Easement Area in good condition and
repair at all times.
8. Duration. This Agreement and each easement created hereunder shall continue on
a perpetual basis.
9. Insurance and Indemnity. Each owner, shall, at its own expense, maintain general
public liability insurance against claims for personal injury or death or property damage
occasioned by accident, occurring upon, in or about the Driveway Easement Area, the Southwest
Driveway Easement Areannd Parking Easement Area, as well as all drives and parking areas on
its respective lot. Each owner covenants and agrees to indemnify and hold each other harmless
against all claims, demands, loss, damage, liabilities and expenses and all suits, actions and
judgments (including without limitation costs and reasonable attorneys' fees) arising out of, or in
any way related to, either party's failure to maintain the respective easement areas in a safe
condition.
10. Legal Effect. Each of the easements and rights created by this Agreement are
appurtenant to the lot to which they relate and may not be transferred, assigned or encumbered
except as an appurtenance to that lot. For the purpose of each such easement and right, the
benefited lot will constitute the dominant estate and the burdened tract will constitute the servient
estate. Each covenant contained in this Agreement: (a) creates mutual equitable servitudes on
each lot in favor of each other applicable lot; (b) constitutes a covenant running with the land; (c)
binds every owner now having or hereafter acquiring an interest in any lot; and (d) will inure to
the benefit of each owner and each owner's successors, assigns and mortgagees. Each owner
agrees that on conveyance of all or any part of a lot, the grantee, by accepting such conveyance
will thereby become a new party to and be bound by this Agreement.
11. No Dedication. Nothing contained in this Agreement will be deemed to constitute
a gift, grant or dedication of any portion of a lot to the general public or for any public purpose
whatsoever, it being the intention of the owners that this Agreement will be strictly limited to the
V
private use of the owners and their respective Permittees. This Agreement is intended to benefit
the owners and their respective successors, assigns and mortgagees and is not intended to
constitute a right in favor of any person which is not an owner hereunder or to give any such
person any rights hereunder.
12. Amendment. This Agreement and any provision herein contained may be
terminated, extended, modified or amended only with the express written consent of the owners
of Lot 1 and Lot 2. No amendment, modification, extension or tenmination of this Agreement
will affect the rights of the holder of any mortgage constituting a lien on any portion of a lot
unless such mortgagee consents to the same, nor will any amendment, modification, extension or
termination be effective against any mortgagee subsequent to such mortgagee's acquiring title to
a lot by foreclosure or deed in lieu of foreclosure, unless the mortgagee has so consented in
writing. No tenant, licensee or other person having only a possessory interest in the
improvements constructed on a lot will be required to join in the execution of or consent to any
action of the owners taken pursuant to this Agreement.
13. Condemnation. In the event the whole, or any part, of a lot is taken for any public
or quasi - public use under any governmental law, ordinance or regulation, or by right of eminent
domain, or by private purchase in lieu thereof, an owner benefited by an easement created by this
Agreement will not share in any award, compensation or other payment made by reason of the
taking of a portion of any lot which is subject to such easement, and such award, compensation
or other payment will belong entirely to the owner of that portion of the lot which is taken, and
such owner will have no further liability to any other owner for the loss of such easements, or
portion thereof, located on the lot so taken. Provided, however, the owner of the lot benefited by
the easement shall be entitled to pursue its own separate award with respect to such taking
14. Default, Remedies. The owners agree that the provisions of this Agreement will
be enforced as follows:
14.1 Injunctive Relief. In the event of any violation or threatened violation by any
owner of any of the provisions of this Agreement, in addition to the right to collect damages,
each owner will have the right to enjoin such violation or threatened violation in a court of
competent jurisdiction. Prior to the commencement of any such action, written notice of the
violation will be given to the owner claimed to have committed such violation.
14.2 Force Maicure. If performance of any action by any owner is prevented or
delayed by act of God, war, labor disputes or other cause beyond the reasonable control of such
owner, the time for the performance of such action will be extended for the period that such
action is delayed or prevented by such cause.
14.3 Notice of Default. An owner will not be in default under this Agreement unless
the owner has received written notice specifying the nature of such default and has failed to cure
or commence appropriate action to cure such default within the times herein provided.
5
0
14.4 No Termination. No breach of this Agreement will entitle any owner to cancel,
rescind or otherwise terminate this Agreement. The foregoing limitation will not affect, in any
manner, any other right or remedy which any owner might have by reason of any breach of this
Agreement.
15, Miscellaneous. The owners of Lot 1 and Lot 2 fiurther agree as follows:
15.1 Notices. All notices, statements, demands, approvals and other communications
given pursuant to this Agreement will be in writing and will be delivered in person or by
certified or registered mail, postage prepaid to the owners at the addresses maintained by the
owners on file with the office of the Johnson County Assessor for delivery of ad valorem tax
statements relating to a lot until such addresses are changed by notice.
15.2 Attorneys' Fees. If any owner institutes any action or proceeding against another
owner relating to the provisions of this Agreement or any default hereunder, the unsuccessful
owner in such action or proceeding will reimburse the successful owner therein for the
reasonable expenses of attorneys' fees and disbursements incurred by the successful owner.
15.3 Waiver of Default. No waiver of any default by any owner will be implied from
the failure by any other owner to take any action in respect of such default. No express waiver of
any default will affect any default or extend any period of time for performance other than as
specified in such express waiver. One or more waivers of any default in the performance of any
provision of this Agreement will not be deemed a waiver of any subsequent default in the
performance of the same provision or any other provision. The consent to or approval of any act
or request by any owner will not be deemed to waive or render unnecessary the consent to or
approval of any subsequent similar act or request. The rights and remedies provided by this
Agreement are cumulative and no right or remedy will be exclusive of any other, or of any other
right or remedy at law or in equity which any owner might otherwise have by virtue of a default
under this Agreement and the exercise of any right or remedy by any owner will not impair such
owner's standing to exercise any other right or remedy.
15.4 No Partnership. Nothing contained in this Agreement and no action by the
owners will be deemed or construed by the owners or by any third person to create the
relationship of principal and agent, or a partnership, or a joint venture, or any association
between or among any of the owners.
15.5 Severability. If any provision of this Agreement is, to any extent, declared by a
court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement
(or the application of such provision to persons or circumstances other than those in respect of
which the determination of invalidity or unenforceability was made) will not be affected thereby
and each provision of this Agreement will be valid and enforceable to the fullest extent permitted
by law.
6
15.6 Governing Law. This Agreement will be construed in accordance with the laws
of the State of Iowa.
15.7 Captions. The captions of the paragraphs of this Agreement are for convenience
only and are not intended to affect the interpretation or construction of the provisions herein
contained.
15.8 Time. Time is the essence for each and every tern and provision of this
Agreement.
15.9 Binding Effect. ffect. The provisions of this Agreement will be binding on the owners
and their respective successors, assigns and mortgagees to the extent herein provided.
15.10 Extinguishment of Vehicular Access Easement. The vehicular access easement
set forth in Section 2. and Section 6 above shall not be extinguished without the prior written
consent of the City of Iowa City.
FIRST AMERICAN BANK
Date is — 7 —/ z By:
Name IAIAa r-
Title C. o 0
CITY OF IOWA CITY CONSENT
The City of Iowa City hereby consents to the restated and amended easement terms as set
forth herein.
CITY OF IOWA CITY
By: >�
Name NZaffherJ.�, a�rk�
Title e
Via'•' � %ru <�,.� % 7� �.���/
7
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State of Iowa
County ofp �_ ) ss
This instrument was acknowledged before me on l(xv� �. rl 2012, by ((x -. lips
P O('-) of First American Bank.
El?'VA SUSAN R HOKSBERGEN Corpmission Nurnber 761459 y Commission.Expires January "19; 2013
State of Iowa
Notary Public in and for the Sta cf Iowa
My commission expires
County of oiA2601)1ss 'I I/
This instrument was acknowledged before me on june /�, 2012, by a7T�teLJ T f? e
as rn of the City of Iowa City. JJJ
KP�fi -e- �• �u��
Notary Public in and for the State of Iowa
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OWNER'S CERTIFICATE
FIRST AMERICAN BANK SECOND ADDITION
A RESUBDIVISION OF LOT 1 AND LOT 2, FIRST AMERICAN BANK ADDITION
IOWA CITY, IOWA
KNOW ALL MEN BY THESE PRESENTS:
First American Bank, an Iowa banking corporation, does hereby certify and
state that it is the owner and proprietor of the following described real estate
situation in Johnson County, Iowa, to -wit:
Lot 1 and Lot 2 in First American Bank Addition, Iowa City, Johnson
County, Iowa
First American Bank, doe's further state that the subdivision of said real
estate as it appears on the Final Plat of First American Bank Second Addition to
which this certification is attached, is with its free consent and in accordance with
the desire of said proprietor. The utility easements in said subdivision are
hereby dedicated to the City of Iowa City, Iowa as provided by Section 354.19 of
the 2011 Code of Iowa.
IN WITNESS WHEREOF, the proprietors have caused these presents to
be signed on this 1'9+G day of M %Y 2012.
FIRST AMERICAN BANK
By:�?�(/w I ®®
Name �"AUL A l 4LrZ
Title C. Q. 0
(00392146.DOC)
2
STATE OF IOWA )
) ss:
COUNTY OF POLK )
This instrument was a/c�knowledged before me on this ����a day of
2012 by y{y;vL Nc�ua�e� as A\J? of First
Amoricah Bank.
Notary Publi inin and State
�® AKIN NGUYEN
Conym4sa(on Number 733324
ptyCommissl0 Ire'
o March 8, 20 1
{00392146.DOC} - ^
CERTIFICATE OF COUNTY TREASURER
FIRST AMERICAN BANK SECOND ADDITION,
A RESUBDIVISION OF LOT 1 AND LOT 2 IN FIRST AMERICAN BANK ADDITION
IOWA CITY, IOWA
I, the undersigned, Treasurer of Johnson County, Iowa or deputy thereof, hereby
certify that the following described property, also known as First American Bank Second
Addition, is free from taxes or special assessments in the office of the Treasurer of
Johnson County, Iowa:
Lot 1 and Lot 2 in First American Bank Addition, Iowa City, Johnson
County, Iowa,
Dated at Iowa City, Iowa this c( V. day of h1�i� 12012.
Thomas L. Kriz, Treasurer of
Johnson County, Iowa
Parcel No. 10 ) W -3c�?OQ
( lo)643�)OOl
{00392148.DDC}
V"
CERTIFICATE OF COUNTY AUDITOR
FIRST AMERICAN BANK SECOND ADDITION,
A RESUBDIVISION OF LOTS 1 AND 2 OF FIRST AMERICAN BANK ADDITION
IOWA CITY, IOWA
I, Tom Slockett, the Johnson County Auditor, hereby approve of First American
Bank Second Addition as a succinct and unique name for the subdivision containing the
following described real estate located in Johnson County, Iowa:
Lot 1 and Lot 2 in First American Bank Addition, Iowa City,
Johnson County, Iowa,
Tom Slockett, Johnson County uditor Date
0
Prepared by and
upon recordation return to: Kelly D Hanabonz 666 Grand Ave Ste 2000, Des Moines. IA 50309 (515) 242 -2400
SIGN EASEMENT AGREEMENT
KNOW ALL PERSONS BY THESE PRESENTS:
wit:
WHEREAS, First American Bank is the owner of the following described real estate, to
Lots 1 and 2 in First American Bank Addition, an Official Plat, now included in and
forming a part of the City of Iowa City, Johnson County, Iowa;
which is being re- platted as:
Lots 1 and 2 in First American Bank Second Addition, a re- subdivision of Lots I and 2 of
First American Bank Addition, Iowa City, Johnson County, Iowa
and,
WHEREAS, First American Bank has filed a new subdivision plat for the lots in the
First American Bank Addition, which has been designated First American Bank Second
Addition, a re- subdivision of lots I and 2 of First American Bank Addition; and
WHEREAS, the final plat of First American Bank Second Addition sets .forth a
proposed 16' by 10' sign easement for the benefit of Lot 2; and
WHEREAS, by means of this Agreement, First American Bank in furtherance of the
provisions of the final plat of First American.Bank Second Addition, hereby sets forth the
agreement and understanding with respect to the sign easement upon Lot 1 for the benefit of Lot
2, as well as the maintenance obligations with respect thereto.
NOW THEREFORE, in consideration of the sum of One Dollar ($1.00) and other
valuable consideration, the receipt of which is hereby acknowledged, First American Bank does
n
hereby establish the following terms, obligations and rights with respect to the sign easement
granted herein.
1. First American hereby grants to the owner of Lot 2, an easement for placement of
a retail restaurant sign upon Lot 1 in the area depicted in the final plat of First American Bank
Second Addition as "Proposed 16.0 x 10.0 Sign Easement for Lot 2 ", as set forth in the attached
Exhibit "A" (the "Easement Area "). The size and design of the restaurant sign shall be subject to
the prior written approval of the owner of Lot 1, which approval shall not be unreasonably
withheld.
2. The sign shall be constructed and installed at the sole cost and expense of the
owner of Lot 2, and shall be maintained by the owner of Lot 2 in a first rate condition. In the
event that the owner of Lot 2, or its successor ceases to operate a restaurant business on Lot 2,
the sign shall be removed by the owner of Lot 2, or its successor, and the easement herein shall
terminate.
3. The owner of Lot 2 agrees to protect, indemnify and hold harmless the owner of
Lot 1 from and against any and all losses, costs, damages and expenses occasioned by or arising
out of the construction, placement or existence of the sign in the Easement Area.
4. This rights and obligations set forth in this Agreement shall be perpetual in
nature, shall run with the land, and the benefits and burdens associated
therewith shall inure to, and be binding on, the parties hereto, and their
respective heirs, successors, transferees, beneficiaries and assi
6, ' L
Date (a "
STATE OF IONVA, COUNTY OFy
On the lt4' day of J tA,h� 2012,
before me, the undersigned, a Notary Public in and for
the State of Iowa, personally appeared
P(wXtt)v w tu+7— to me personally known,
who, being by me duly sworn, did say that he/she is
the j)0 of First American Bank, an Iowa
banking corporation, who acknowledged the execution of
said instrument to be his/her voluntary act and deed and
the voluntary act and deed of said corporation, by it and by
him her voluntarily executed.
SA/ LA,, iL f kc A t,lhVqVN
Notary Public in and for the State o wa
E;IA sm SUSAN R HOKSSERGEy„
�CmpmisslonNumber 761459My Commissbn Expires
January 19, 2013
3
FIRST AMERICAN BANK
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Doc ID: 022560980010 Type: OEN
Kind: DECISION
Recorded: 06/18/2012 at 04:33:51 PH
Fee Amt: $52.00 Pape 1 of 10
Johnson County Iowa
Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 5 Kim Painter County Recorder
SK4926 PD241 -250
DECISION (W
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, APRIL 11, 2012
EMMA J. HARVAT HALL
MEMBERS PRESENT: Caroline Sheerin, Brock Grenis, Larry Baker =
MEMBERS ABSENT: Will Jennings .
STAFF PRESENT: Sarah Holecek, Sarah Walz -
OTHERS PRESENTING: Marc Moen, David Bents, Dallas Robertson, Dave Robertson
SPECIAL EXCEPTION ITEMS:
1. EXC12- 00003: Discussion of an application submitted by Marc Moen for a special exception to
allow above ground structured parking for two vehicles and to allow 12 required parking spaces
to be provided off -site in a municipal facility for a proposed mixed use building to be located in
the Central Business (CB -10) zone at 114 S. Dubuque Street.
The Board concludes that the conditions on the subject property create a practical difficulty in
achieving full compliance with the code requirements for structured parking and providing the
required on -site parking based on the following finding:
• The limited size of the property (40 x 80) makes it impractical to provide parking below grade
and any parking provided within the building cannot meet the 50 -foot setback requirement.
The Board concludes that the proposed alternative storefront space, both the interior and
exterior, will be of a quality in both design and materials that will enhance the commercial
character of the Central Business District based on the following findings:
• Including the proposed mezzanine space, which will be located above the parking, the
amount of space committed to retail floor area is the same as would occur without the
parking.
• The applicant is proposing to build three additional floors of Class A office space above the
retail space.
• The proposed building design as characterized in the application, including the ground -floor
retail space and the upper floor office space will be constructed with high quality building
materials and designed to provide maximum visibility and access for retail customers with
storefront windows of floor to ceiling height that appear to exceed City standards and with
floors 2 -4 intended to achieve the standards for Class A office space.
• The applicant will be required to demonstrate compliance with all Central Business
standards with regard to building entrances, floor to ceiling heights, minimum fenestration,
and building articulation prior to issuance of a building permit.
The Board concludes that the specific proposed exception will not be detrimental to or
endanger the public health, safety, comfort or general welfare and that the proposed on -site
parking is designed to provide safe ingress and egress to adjacent public streets and will not
contribute to congestion of public streets based on the following findings:
• Vehicular access to the proposed structured parking within the building is from the alley
to the south, and that these parking spaces will not be visible from the public street.
• Vehicle access does not cross the adjacent sidewalk or pedestrian areas.
• The proposed building is 450 feet from the entrance to the Dubuque Street parking
facility and that the walking route between the parking facility and the proposed
development is through City Plaza.
• Municipal parking facilities are designed to provide safe vehicular access —both ingress
and egress.
The Board concludes that the capacity of the parking facility will not be exceeded by this request
based on the following findings:
The Dubuque Street parking facility provides 626 parking spaces, and 325 permits are
issued annually.
Nearly all regular permits expire annually and the number available for renew or sale is
based on an analysis by the Director of Transportation Services. The Director of
Transportation Services has indicated that there is available capacity in the ramp at
this time.
The Director of Planning and Community Development and the City Manager concur
with this analysis.
The Board finds that the zoning code allows that for properties located in the CB -10 zone, up to
100% of the required parking may be provided in a municipal ramp regardless of its proximity to
the proposed development, and that because the parking facility is already constructed, there
will be no change to the area. The Board finds that applicant has submitted a draft parking
covenant as part of the redevelopment plan to the City Council for approval and that this
covenant will be submitted as part of the building permit application.
The Board concludes that the special exception will not be injurious to the use and enjoyment of
other property in the immediate vicinity and will not substantially diminish or impair property
values in the neighborhood based on the findings above in addition to the following:
• The proposed development devotes approximately 80% of the ground floor space to retail
use, and includes three floors of Class A office space, which contributes to the Downtown
commercial vitality.
• The proposed residential units add to the diversity of Downtown housing and will not
substantially increase parking demand.
• The on -site parking is visible only from the adjacent alley where one single -wide garage
opening is provided for each of the two spaces, which is the minimum necessary for access.
The Board concludes that the establishment of the specific proposed exception will not impede
the normal and orderly development and improvement of the surrounding property for uses
permitted in the zone in which such property is located based on the current capacity of the
Dubuque Street parking facility and the following findings regarding the on -site parking:
• The structured parking allows for more than 30 feet of depth for storefront use plusran
additional mezzanine level highly visible to pedestrians through floor to ceiling storefront
glass windows.
• The structured parking will not be generally visible from public streets or sidewalks and will
be screened from view by garage doors located along an alley, which is intended for
vehicular access, garbage dumpsters, and other utilitarian functions of the building
• With inclusion of the mezzanine level, the building will provide the same amount of retail
floor area as it would without structured parking.
The Board finds that utilities, access roads, drainage and other facilities are in place to serve the
parking facility and the development of the proposed building.
The Board finds that all aspects of the mixed use development will be reviewed administratively
by City staff as part of the site plan and building permit process in order to ensure that all
aspects of the development not specifically considered here are in compliance with the Zoning
and Building Codes.
The Board concludes that the proposed use will be consistent with the Comprehensive Plan, as
amended based on the following findings:
• The Comprehensive Plan, drafted in 1997, promotes the concept of higher density housing
in the Downtown.
The City Council has addressed concerns about parking demand in the Downtown by
requiring parking for residential uses and providing for the special exception to allow off -site
parking in municipal ramps in order to meet the parking requirements.
The proposed mixed -use building will include 24 one - bedroom apartments and 2 two -
bedroom apartments, adding to the diversity of housing opportunities in Downtown Iowa
City for long -term renters or owners.
DISPOSITION: By a vote of 3 -0 the board approved EXC12- 00003, an application submitted by
Marc Moen for a special exception to allow 2 on -site above - ground structured parking spaces
and 12 off -site parking spaces in a municipal parking facility to satisfy the minimum parking
requirements for a mixed -use building to be constructed in the Central Business zone at
114 S. Dubuque Street, subject to the following conditions:
6 The applicant must submit the required agreement for off -site parking prior to securing a
building permit. The agreement shall include the following conditions:
• The permits shall only be available to residents of 114 South Dubuque Street
at a cost not to exceed the market rate determined by the Director of
Transportation Services at the time of leasing.
The property manager must provide the Director of Transportation the
name, license plate number, and address of all permit holders. Permits will
only be granted to residents with the primary address of 114 South Dubuque
Street.
• The final building plan is generally consistent with the plan submitted as part of this
application with regard to the design for the retail and office floors, and the residential unit and
bedroom mix and must comply with the Central Business Site Development Standards asset
forth in the Zoning Code.
2. EXC12- 00005: Discussion of an application submitted by Parish Apartments LLC for a special
exception to reduce the required width for a parking aisle for the preservation of a historic
property located in the Planned Development Overlay / Neighborhood Stabilization Residential
(OPD /RNS -20) zone at 108 McLean Street.
The Board finds that the applicant is in the process of having the property designated as a
Landmark and that, if approved, any future alterations to the property that require a building
permit will be subject to compliance with the guidelines contained in the Historic Preservation
Handbook.
The Board concludes that the modification for the parking aisle width will help preserve the
aesthetic attributes of the historic property based on the following finding:
• Strict adherence to the dimensional requirements would require more extensive grading
and paving and would likely result in the loss of additional oak trees and possible
damage to the critical root zone of other trees.
The Board concludes that the specific proposed exception will not be detrimental to or
endanger the public health, safety, comfort, or general welfare; and that adequate measures
have been or will be taken to provide ingress or egress designed so as to minimize traffic
congestion on public streets based on the following findings:
• The proposed exception will primarily affect residents of the property and will likely
result in minimal traffic generation to and from the site.
• While motorists may need to yield for brief periods if vehicles happen to arrive and
leave the driveway at the same time this is unlikely to result in congestion along this
low- volume street.
The site plan shows additional driveway paving for a total width of 20 feet at the
intersection of the driveway with McLean Street for a fire lane that may also serve as a
waiting area where a motorist entering the driveway could idle their vehicle to allow an
exiting motorist to pass.
The Board concludes that the specific proposed exception will not be injurious to the use and
enjoyment of other property in the immediate vicinity, and will not substantially diminish or
impair property values or impede the normal and orderly development and improvement of the
surrounding property for uses permitted in the zone in which such property is located based on
the findings above and the following findings:
• The mature oak trees contribute to the overall aesthetic quality of the property and
serve as a buffer from the adjacent property.
• The proposed aisle width reduction would likely be preferable for neighborhood
property owners as opposed to the removal of trees and installation of a wider aisle.
Based on administrative approval of the OPD site plan, the Board concludes that adequate
utilities, access roads, drainage and /or necessary facilities have been or are being provided, and
that, except for the specific regulations and standards applicable to the exception being'
considered, the specific proposed exception, in all other respects, conforms to,the,applisable
regulations or standards of the zone in which it is to be located. _.
The Board finds that the Comprehensive Plan promotes the preservation of historic properties as
well as environmentally sensitive areas.
ra _.
DISPOSITION: By a vote of 3 -0 the board approved EXC12- 00005, an application submitted by
Parish Apartments LLC to reduce the minimum aisle requirement from 22 feet to 17 feet to allow
minimization of paved surfaces and preserve existing oak trees for a multi family use located in
the Planned Overlay Development /Neighborhood Stabilization Residential Zone (OPD/RNS -20)
zone at 108 McLean Street.
3. EXC12- 00006: Discussion of an application submitted by McDonald's USA, LLC for a special
exception to expand the existing drive - through facility on property located in the CC -2
(Community Commercial) zone at 2440 Mormon Trek Boulevard.
The Board concludes that increasing the number of drive - through lanes, stacking spaces and
paved area necessary for the drive - through facility will not be detrimental to adjacent residential
properties or detract from or unduly interrupt pedestrian circulation or the commercial character
of the area where it is located based on the following findings and given the appurtenant
conditions:
• Uses adjacent to McDonald's —a car wash and gas station —make the proposed expansion
consistent with the commercial character of the area.
• The submitted site plan shows space for at least 4 cars to stack at the order boards, in order
to improve the efficiency of the drive - through facility.
• There is space for 3 cars to stack between the order boards and the pick -up window.
• The site plan shows that the pavement along the drive - through will be marked with
directional arrows, and signs are posted at the entrance to the drive - through.
• The site plan shows that pedestrian access is provided from the Mormon Trek right -of -way
(sidewalk) at the southeast corner of the property. Pavement markings are shown on the site
plan and are a requirement of the parking area design standards.
• The site plan for the drive - through expansion shows that the McDonald's lot meets the
minimum parking requirements based on square foot of floor area of the restaurant, set
forth in the commercial site development standards.
The Board concludes that, with appropriate conditions, the transportation system is capable of
safely supporting the proposed expansion of the drive - through use in addition to the existing
uses in the area and that the proposed exception will not be detrimental to or endanger the
public health, safety, comfort or general welfare based on the above findings with regard to
vehicle access, drive - through location, and directional signage and markings as well as the
following findings and conditions:
• The McDonald's restaurant is located in a high- traffic area at the corner of Mormon Trek
Boulevard and Highway One. Both roads are designed to handle the level of traffic
generated by this kind of retail uses.
• Because the drive - through is located to the rear of the building, there is sufficientspace for
vehicles to stack before reaching the entrance from Westside Drive.
• The drive - through circulation is not in conflict with pedestrian access to the restaurant —the
site plan shows that entrances to the restaurant are provided on the south side of the
building. Pedestrian access is therefore appropriately from Mormon Trek Boulevard.
• The addition of a second drive - through lane is intended to provide more efficient service,
minimizing the amount of time that cars are stacked along the south side of the building.
• Cross access drives with the adjacent commercial properties are designed to provide the
circulation needed between sites; cross access on the north side of the site provides an
appropriate alternative (secondary) access point.
The Board concludes that the proposed exception will not be injurious to the use and enjoyment
of other property in the immediate vicinity; will not substantially diminish or impair property
values in the neighborhood; and will not impede the normal and orderly development and
improvement of the surrounding property for uses permitted in the zone in which such property is
located based on the findings cited above in addition to the following findings:
• The drive - through lanes meet the 10 -foot setback from adjacent lot lines and public
rights -of -way requirement.
• The submitted site plan shows added S -2 screening along the east and south property
lines as well as the rear (north) side of the drive - through.
• The change in grade along the west property line provides effective separation and
screening between the commercial properties and therefore the board recommends
waiving the required screening in this area. The site plan does show the addition of shade
trees in this area in order to meet the parking area design standards in the code.
• The Board finds that that the property lighting must be reviewed by the Building and that
all lighting standards must be met in order for a building permit to be issued.
• The Board finds that the drive- through area location and traffic circulation for the drive -
through are directed behind the building and are not in view of residential zones.
The Board concludes that adequate measures have been or will be taken to provide ingress or
egress designed so as to minimize traffic congestion on public streets and that adequate
utilities, access roads, drainage and /or necessary facilities have been or are being provided
based on findings cited above and the following findings:
• No additional utilities, drainage or other necessary facilities are needed for this
expansion.
• The site plan indicates that the applicant intends to remove a storm sewer intake and a
section of the gutter at the east end of the lot but also plans to replace the storm sewer
intake and section of gutter based on the approval of the City Engineer.
• Cross access drives with the adjacent properties provide appropriate circulation for the
proposed use.
The Board finds that a site plan must be submitted for final site plan review and issuance of a
building permit. The Building Official will review the plan to determine that all applicable zoning
requirements are satisfied. All applicable zoning requirements must be met in order foi a
building permit to be issued.
The Board finds that the Comprehensive Plan identifies the area where the McDonald's is
located as general commercial, an area intended to provide opportunity for a large variety of
commercial uses that serve a major segment of the community.
DISPOSITION: By a vote of 3 -0 the board approved EXC12- 00006, an application submitted by
McDonald's USA, LLC, for a special exception to allow the expansion of an existing drive - through
facility at 2440 Mormon Trek Boulevard, subject to the following conditions:
• Substantial compliance with the site plan submitted, including signage and pavement
markings indicating the one -way circulation of the drive and marking of the pedestrian
areas at the front of the store;
• Approval by the Building Official of the final site plan, lighting plan, and any new signage
for the site; and
• The subject property must be rezoned to Community Commercial (CC -2).
4. EXC11- 00005: Discussion of an application submitted by McDonald's USA, LLC for a special
exception to expand the existing drive - through facility on property located in the Community
Commercial (CC -2) zone at 804 S. Riverside Drive.
The Board concludes that increasing the number of drive - through lanes, stacking spaces and
paved area for the expanded drive - through facility will not be detrimental to adjacent residential
properties or detract from or unduly interrupt pedestrian circulation or the commercial character
of the area where it is located based on the following findings:
• The proposed site plan shows space for at least 5 -6 cars to stack at the order boards in
order to improve the efficiency of the drive - through.
• There is adequate space for 5 cars to stack on the north side of the building in the pick-
up lane.
• The drive - through order boards are located at the rear of the site and behind the
building, and pavement markings and traffic islands demarcate the drive - through lanes
from other vehicle circulation areas on the site.
• This property is surrounded by commercial properties and is not readily visible from
residential zones.
• The site plan shows that the pavement along the drive - through will be marked with
directional arrows, and signs are posted at the entrance to the drive- through.
• The site plan shows that pedestrian access is provided from the Riverside Drive right -of-
way. Pavement markings are shown on the site plan and are a requirement of the
parking area design standards.
While there are long -term concerns about the traffic along this commercial corridor, the Board
concludes that the transportation system is capable of safely supporting the proposed use in
addition to the existing uses in the area based on the following findings:
• Because the drive - through is located to the rear of the building, there is`sufficient space: j
for vehicles to stack before reaching the entrance from Riverside Drive. ___
• The property is accessed via curb cuts along Benton Street and South Riverside Drive,
which are both arterial streets. The intersection of Benton and Riverside is a controlled
intersection with turning lanes.
• The drive - through circulation is not in conflict with pedestrian access to the
restaurant —the site plan shows that entrances to the restaurant are provided on the
south side of the building. Pedestrian access is therefore appropriately provided from
Riverside Drive.
• The addition of a second drive - through lane is intended to provide more efficient
service, minimizing the amount of time that cars are stacked along the south side of the
building.
The Board concludes that the specific proposed exception will not be detrimental to or
endanger the public health, safety, comfort or general welfare; will not be injurious to the use
and enjoyment of other property in the immediate vicinity; will not substantially diminish or
impair property values in the neighborhood; and, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located based on the findings
above in addition to the following findings:
• The drive - through lanes meet the required set back standards on all sides of the
property.
• The submitted site plan shows the required S2 screening along Benton Street and
Riverside Drive and S2 screening is already present on the Staples side of the south
property line.
• An existing retaining wall and change of grade along the east property line serves as an
effective buffer and separation from the adjacent property to the east; thus the board
recommends that the requirement for S2 screening should be waived in this area.
• The property lighting must be reviewed by the Building Department as part of the
building permit process, and all lighting standards must be met in order for a building
permit to be issued.
• A site plan must be submitted as part of the building permit process. All applicable
zoning requirements must be met in order for a building permit to be issued.
• The drive - through area location and traffic circulation for the drive - through are directed
behind the building and are not in view of residential zones.
• All necessary utilities and drainage are available at this site. Any changes effecting storm
water drainage must be approved by the City Engineer.
• Areas not devoted to vehicle and pedestrian circulation are shown landscaped with
"turf, grasses, low shrubs, or other living cover." Currently some portions of the site are
covered in river rock —this includes areas near the entrance drives and the south
property line setback. The applicant will replace rock with sod and /or mulch to satisfy
the requirements of the zoning code.
• A site plan must be submitted for final site plan review and building permit. The
Building Official will review the plan to determine that all applicable zoning,'__;
requirements are satisfied. All applicable zoning requirements must be,met in order -for
a building permit to be issued.
1
While the findings cited above support a conclusion that the specific proposed exception will
not impede the normal and orderly development and improvement of the surrounding property
for uses permitted in the zone in which the property is located, the following findings indicate
that cross access should be addressed at this time in order to support the proposed expansion
as well as future development on surrounding properties:
• Several properties in the immediate vicinity are vacant and will likely be redeveloped in
the coming years —these include properties within the Riverfront Crossings
redevelopment area —which has the potential to increase traffic and.congestion along
Benton Street and Riverside Drive.
• As properties redevelop along this portion of Riverside Drive, they are required to
provide cross - access: Staples and a motel being developed on a parcel to the south have
been required to provide cross access. Adjacent lots associated with the Staples and
former Mumm's property will also be required to provide cross - access, however, it is
unlikely that the McDonald's property will redevelop in the foreseeable future.
• The City encourages cross - access and the consolidation of curb cuts along arterial
roadways in order to minimize traffic congestion.
• Providing cross access and the consolidation of curb cuts between the McDonald's
property and the commercial site to the east (former Mumm's property) will not
jeopardize safety of either site, will not conflict with the expanded circulation for the
drive - through, and will serve to improve traffic circulation and safety for both
properties.
The Board concludes that adequate measures have been or will be taken to provide ingress or
egress designed so as to minimize traffic congestion on public streets based on findings provided
above in addition to the following findings:
• Having ingress and egress from both Riverside Drive and Benton Street will reduce traffic
congestion. Because traffic on Riverside Drive tends to be heavy and slow- moving during
peak travel times, ingress and egress will be self - regulating for the expansion.
• To provide a safer ingress, the site plan shows that an existing parking space directly
adjacent to the drive will be removed and landscaped.
• Allowing for future cross access and consolidation of curb cuts between the McDonald's
site and the commercial property to the east (former Mumm's site) will help to minimize
congestion and turning conflicts along Benton Street.
The Board concludes that by improving the perimeter landscaping for the property and providing
the opportunity for a consolidated curb cut along Benton Street by allowing cross access for
property to the east, the proposed expansion of the drive - through will comply with the long -term
goals of the Southwest District Plan.
DISPOSITION: By a vote of 3 -0, the Board approved EXC11- 00005, an application submitted by
McDonald's USA, LLC, to allow an expansion of the existing drive - through facility in the Community
Commercial (CC -2) zone, at 804 South Riverside Drive, subject to the following conditions:,
• Substantial compliance with the site plan submitted, including signage a'nd,pavem'ent
markings indicating the one -way circulation of the drive and marking of.the- pedestrian
areas at the front of the store;
i
• Re- landscaping of areas currently covered in rock as necessary to meet the code standard
for turf or other plant covering;
• Approval by the Building Official of the final site plan, lighting plan, and any new signage
for the site; and
• A cross access easement for the drive entrance from Benton Street to allow the
consolidation of curb cuts along this arterial street at such time as the property to the east
redevelops.
• The cross access easement must be granted prior to issuance of the building permit.
TIME LIMITATIONS:
All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6)
months from the date they were filed with the City Clerk, unless the Applicant shall have taken action
within such time period to establish the use or construct the improvement authorized under the terms
of the Board's decision. City bode Section 14- 8C -1E, City of Iowa City, Iowa.
Appr = bh
Caroline Sheerin, Chairp rson
CityAttor ey'sOffi
STATE OF IOWA
JOHNSON COUNTY
I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment
Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of
Iowa City, Iowa, at its regular meeting on the _[Z_day of _/' 2012, as the same
appears of record in my Office.
Dated at Iowa City, this day of 2012
M iann . Karr,
G�I�'� �
ti�
Prepared by Sarah Walz, Associate Planner, 410 E
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, MAY 9, 2012
EMMAJ. HARVAT HALL
Doc ID: 022560990005 Type: GEN
Kind: DECISION
Recorded: 06/15/2012 at 04:36:15 PM
Fee Amt: $27.00 Pape 1 of 5
Johnson County Iowa
Washington, Iowa City, [A 5e Kim Painter County Recorder
BK4926 PG251 -255
/0,
ee,
MEMBERS PRESENT: Caroline Sheerin, Brock Grenis, Larry Baker, Will Jennings, T. Gene C-hrischlles
MEMBERS ABSENT:
STAFF PRESENT: Sarah Holecek, Sarah Walz f
OTHERS PRESENTING: Dan Black, Tom Gelman, Kevin Monson, David Kieft
SPECIAL EXCEPTION ITEMS:
1. EXC12 -00007 Discussion of an application submitted by MidwestOne Bank for a special
exception for a temporary drive- through banking facility on property located in the Community
Business Service (CB -2) zone at 509 South Dubuque Street.
The Board concludes that the number of drive - through lanes, stacking spaces and paved area
necessary for the drive - through facility will not be detrimental to adjacent residential properties
or detract from or unduly interrupt pedestrian circulation or the commercial character of the
area where it is located based on the following findings:
• Access to the drive through is from the paved public alley.
• Two lanes with two stacking spaces for each lane is sufficient to serve the use based
upon similar banking drive - throughs in the area and the diminishing reliance on these
facilities due to on -line banking.
• Much of the area adjacent to the public alley is now surface parking.
• It is anticipated that this area will be re -zoned for mixed use as part of the Riverfront
Crossings District.
The Board concludes that the transportation system is capable of safely supporting the proposed
use in addition to the existing uses in the area and that that adequate measures have been or will
be taken to provide ingress or egress designed so as to minimize traffic congestion on public
streets based on the findings above as well as the following findings:
• The alley is 20 feet wide, sufficient to support two -way traffic.
• Harrison and Prentiss Streets are both low- volume streets.
• A number of drive - through banking facilities currently operate safely along the
perimeter of the downtown, including the current Midwest One and Bank of the West
facilities on Clinton Street and the University of Iowa Community Credit Union at 500
Iowa Avenue.
The Board finds that the proposed drive - through does not indicate any set back or separation
between the outside drive - through lane and the public alley, however, given the limited intensity
of bank drive- throughs, hours of operation, and the temporary nature of the proposed service,
the Board waives the setback requirement, concluding that the drive - through will be compatible
9 V
with existing uses in the immediate vicinity and can operate safely so long as there is some visual
separation between the outside drive lane and the alley (bollards, paving markings or another
method to be approved by planning staff) and by marking entry and exit to the drive- through
with appropriate signage. For these same reasons the Board concludes the specific proposed
exception will not be detrimental to or endanger the public health, safety, comfort or general
welfare.
The Board concludes that the specific proposed exception will not be injurious to the use and
enjoyment of other property in the immediate vicinity and will not substantially diminish or impair
property values in the neighborhood; and that the establishment of the specific proposed
exception will not impede the normal and orderly development and improvement of the
surrounding property for uses permitted in the zone in which such property is located, based on
the findings provided above and these additional findings:
• The proposed drive - through banking facility is not out of character with the existing uses in
the area and is an appropriate at this location, which is part of Riverfront Crossings District.
• Adjacent properties currently use the area along the alley for parking.
• The proposed drive - through is intended to function temporarily until the bank can re-
develop property at the corner of Harrison and Clinton Streets.
The Board finds that adequate utilities, drainage and other necessary facilities are already
provided for this property and that a final site plan must be submitted for final site plan review
and building permit. The Building Official will review the site plan and proposed lighting for the
facility to determine that all applicable zoning requirements are satisfied, including the lighting
requirements. All applicable zoning requirements for the property must be met in order for a
building permit to be issued.
The Board finds that the Comprehensive Plan currently shows this area as being appropriate for
government functions and mixed uses and that the subject location is within the Riverfront
Crossings Redevelopment area and is proposed for re- zoning to a mixed use zone in which it is
anticipated that drive - through banking facilities will be a conforming use.
DISPOSITION: By a vote of 5 -0 the Board approves EXC12- 00007, a special exception to allow a
temporary drive - through banking facility at 509 South Dubuque Street, subject to the following
conditions:
• Installation of bollards, paving markers or other means of separating the outside drive -
through lane from the alley to be approved by staff.
• The drive through area will have pavement markings and signage to direct vehicles
• General compliance with the site plan for the drive - through as submitted; with the final site
plan and lighting to be approved by the Building Official. '
• Upon establishment of a proposed new bank facility at the corner of Harrison'and_Clinton'
Streets, the subject drive - through will be discontinued.
2. EXC12- 00008: Discussion of an application submitted by MidwestOne Bank' fora special
exception for a drive - through banking facility on property located in the Community Business
Service (CB -2) zone at the southeast corner of Clinton and Harrison Streets.
The Board concludes that the number of drive - through lanes, stacking spaces and paved area
necessary for the drive - through facility will not be detrimental to adjacent residential properties
1p-
or detract from or unduly interrupt pedestrian circulation or the commercial character of the
area where it is located based on the following findings:
• Access to the drive - through is from the paved public alley.
• Two lanes with three stacking spaces each is sufficient based upon similar banking drive -
throughs in the area and the diminishing reliance on these facilities due to on -line
banking.
• Much of the area adjacent to the public alley is now surface parking.
• Staff anticipates that this area, which is part of the Riverfront Crossings District, will be
re -zoned for mixed use — commercial and residential.
• By providing signage at the exit to remind drivers to yield to pedestrians on the sidewalk,
the applicant can enhance the safe crossing of the sidewalk on Harrison Street.
The Board concludes that the transportation system is capable of safely supporting the proposed
use in addition to the existing uses in the area and that adequate measures have been or will be
taken to provide ingress or egress designed so as to minimize traffic congestion on public streets
based on the findings above as well as the following findings:
• The paved alley is 20 feet wide, which is sufficient to support two -way traffic.
• The exit for the drive - through is located along Harrison Street —a low volume street,
which will be improved when the new bank building is reconstructed.
• The exit to the drive - through is not in conflict with the drive -up mailboxes in the median
of East Harrison Street.
• A number of drive - through banking facilities currently operate safely along the
perimeter of the downtown, including the current Midwest One and Bank of the West
facilities on Clinton Street and the University of Iowa Community Credit Union at 500
Iowa Avenue.
Based on the site plan submitted with the application, the Board finds that the drive - through
lanes will be set back at least 10 feet from the alley right -of -way and screened from view by a
building wall. The Board finds that property lighting must be reviewed by the Building
Department as part of the building permit process and that all lighting standards must be met in
order for an occupancy permit to be issued.
The Board concludes that the specific proposed exception will not be detrimental to or endanger
the public health, safety, comfort or general welfare based on the following findings:
• Bank drive - throughs have limited intensity and limited hours of use.
• The site plan shows the building set back approximately 5 feet from the sidewalk, which will
provide adequate visibility for vehicles exiting the drive.
• Signage at the exit will be required to remind drivers to yield to pedestrians on the sidewalk.
The Board finds that the specific proposed exception will not be injurious to the use and
enjoyment of other property in the immediate vicinity and will not substantially dimin!Mbr impair
property values in the neighborhood; and that the establishment of the specific,proposeil
exception will not impede the normal and orderly development and improvement of the r
surrounding property for uses permitted in the zone in which such property is located based on
the findings provided above and these additional findings:
• The proposed drive - through banking facility is not out of character with the ezisting`uses in
the area and is an appropriate at this location, which is part of Riverfront Crossings4strict
'P_
• Adjacent properties currently use the area along the alley for parking.
The Board finds that adequate utilities, drainage and other necessary facilities are already
provided for this property and that Harrison Street will be improved at the time the new Bank
facility is constructed. The Board finds that a new curb cut for the drive - through requires a
permit from the Public Works Department.
The Board finds that the new bank facility will not be built for a few years and may be under a
new zoning designation, and that once the applicant has firm plans to construct the building, a
final site plan must be submitted to determine that all applicable zoning requirements are
satisfied for the property.
The Board finds that the Comprehensive Plan currently shows this area as being appropriate for
government functions and mixed uses; and that the subject location is within the Riverfront
Crossings Redevelopment area and is proposed for re- zoning to a mixed use zone in which drive -
through banking facilities will be a conforming use.
DISPOSITION: By a vote of 5 -0 the Board approves EXC12- 00008, a special exception to allow
drive - through banking facility at the southeast corner of Harrison and Clinton Streets, subject to
the following conditions:
• The drive through area will have pavement markings and signage to direct vehicles,
including pedestrian signage, at the exit onto Harrison Street.
• Substantial compliance with the proposed design of the drive - through as submitted; with
the final site plan and lighting to be approved by the Building Official.
• Approval of the curb cut onto Harrison Street by the Public Works Department.
The Board approves extending the term of the special exception to 5 years, within which time
the applicant must have taken action to establish the use or construct the new bank building
under the terms outlined above.
TIME LIMITATIONS:
All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6)
months from the date they were filed with the City Clerk, unless the Applicant shall have taken action
within such time period to establish the use or construct the improvement authorized under the terms
of the Board's decision. City Code Section 14- 8C -1E, City of Iowa City, Iowa.
Ap ro 4 y:
Caroline Sheerin, Ch irperson
City .ttor ey's Office�j —
(a�
STATE OF IOWA )
JOHNSON COUNTY )
I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment
Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of
Iowa City, Iowa, at its regular meeting on the 9th day of May, 2012, as the same appears of record in my
Office.
Dated at Iowa City, this day of L %yc . -: , 2012
Marian K. Karr, City Clerk
Q9-
Doc ID: 022568380003 Type. GEN
Kind: ORDINANCE
Recorded: 06/22/2012 at 01:46:37 PM
Fee Amt: $17.00 Page 1 of 3
Johnson CountV Iowa
Kim Painter County Recorder
6K4930 PG1 -3
City of
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is
a true and correct copy of Ordinance No. 12-4485 which was passed by the City Council of Iowa City,
Iowa, at a regular meeting held on the 19t" day of June, 2012, is a true and collect copy, all as the same
appears of record in my office.
Dated at Iowa City, Iowa, this 21st day of June, 2012.
Marian K. Karr
City Clerk
\ord
CORPORATE SEAL
410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 e FAX (319) 356 -5009
9:�
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240;
ORDINANCE NO. 12-4485
AN ORDINANCE REZONING APPROXIMATELY 1.3 ACRES OF LAND LOCATED SOUTH OF
HARRISON STREET BETWEEN CLINTON AND DUBUQUE STREETS FROM PUBLIC (P -1) TO
INSTITUTIONAL PUBLIC /CENTRAL BUSINESS SERVICE (P- 2 1CB -2). (REZ12- 00007)
WHEREAS, the applicant, the University of Iowa, has requested a rezoning of property located at 509
South Dubuque Street, south of Harrison Street between Clinton and Dubuque Streets, from Public (P -1) to
Institutional Public /Central Business Service (P- 2 /CB -2); and
WHEREAS, the intent and zoning requirements of the CB -2 zone are compatible with the existing
adopted plans for the area and with policies being formulated for the Riverfront Crossings District; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has
recommended approval of the rezoning to allow University -owned property to be developed with private
commercial uses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning
designation of Public (P -1) to Institutional Public /Central Business Service (P- 2 /CB -2):
LEGAL DESCRIPTION
LOTS 1, 2, 3, THE NORTH 26.5 FEET OF LOT 4, AND THE EAST 90 FEET OF THE SOUTH 53.5 FEET
OF LOT 4, AND ALL OF LOT 8, COUNTY SEAT ADDITION TO IOWA CITY, JOHNSON COUNTY, IOWA,
ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 1 & 2, PAGE 253, AND THE
SUBSEQUENT DEED RECORDED ON BOOK 4866, PAGES 181 -183, DEED RECORDE OF JOHNSON
COUNTY, IOWA.
SECTION ll. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION Ill. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at
the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the 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 VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 19th day of June 2012
ATTEST: I CL
CORPORATE SEAL
Ap rove2hb
ty Attor ey's Offic S lG-Ji
a�
Ordinance No. 12 -4485
Page 2
It was moved by Mims and seconded by Dickens that the
Ordinance as read be adopted, and upon roll call there were:
UNW111
Y
x
x
x
x_
x
x
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 6/5/2012
Voteforpassage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton,
Champion. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
6/28/2012
Moved by Mims, seconded by Champion, that the rule requiring ordinances to be considered and
voted on for passage at two Council meetings prior to the meeting at which it is to be finally
passed be suspended, the second consideration and vote be waived and the ordinance be voted
upon for final passage at this time. AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion,
Dickens. NAYS: None. ABSENT: None.
a'�
Doc ID: 022568390006 Type: GEN
Kind: RESOLUTION
Recorded: 06/22/2012 at 01:47:57 PM
Fee Amt:. $32.00 Page 1 of 6
Johnson County Iowa
Kim Painter County Recorder
BK4930 PG4 -9
FCC
CITY OF IOWA CITY
410 Easl Washington Stmet
Iowa City, Iowa 52240 -1826
(3 19) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution
attached hereto is a hue and correct copy of Resolution No. 12 -312 which was passed by the
City Council of Iowa City, Iowa, at a regular meeting held on the 19 °i day of June, 2012, all
as the same appears of record in my office.
Dated at Iowa City, Iowa, this 21St day of June 2012.
/ ICG- 'LZl�yt/ A"/-
Marian K: Karr
City Clerk
fires
CORPORATE EPL
IdA
Prepared by: Sarah E. Holecek, I" Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
RESOLUTION NO. 12_112
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST THE FIRST AMENDMENT TO AN AGREEMENT FOR THE
IMPROVEMENT OF LAND FOR PRIVATE REDEVELOPMENT BY AND
BETWEEN THE CITY OF IOWA CITY, IOWA AND MARC MOEN FOR 118 EAST
COLLEGE STREET
WHEREAS, in furtherance of the objectives of the Urban Renewal Act, and consistent with the
objectives of the Urban Renewal Plan for the Central Business District, the City entered into an
Agreement for the Improvement of Land for Private Redevelopment (the "Agreement ") with Marc
Moen (the Redeveloper); and
WHEREAS, pursuant to said Agreement, the Redeveloper agreed to construct and operate
certain Minimum Uses and Improvements, (as defined in Exhibit "B" within the Agreement), on
real property located at 118 East College Street, consisting of retail and class "A" office space;
and
WHEREAS, consistent with the City Council's stated goal of converting downtown bar spaces to
retail and office uses, the Agreement stated that the redeveloped property shall not be used for an
"eating and drinking establishment ", "restaurant" or "residential use ", whether accessory,
permitted or principal, as defined by the Iowa City zoning code; and
WHEREAS, the Redeveloper has proposed to include a non- profit organization, "FilmScene ",
dedicated to enhancing the cultural vitality of the Iowa City area through film with the goal of
operating a full -time cinema as a use for a portion of the redeveloped property; and
WHEREAS, FilmScene's business model includes offering catered food, beer and wine as
components of its operation, the inclusion of which could violate the terms of the Agreement if
considered an accessory "eating and drinking establishment" under the Iowa City zoning code;
and
WHEREAS, to facilitate the inclusion of a cinema in the downtown and thereby enhance the
availability of cultural experiences, staff recommends approval of an amendment to the
Agreement that will allow FilmScene to locate on the subject property while preserving its ability to
serve catered food, wine and beer under its business model; and
WHEREAS, City Council finds it is in the public interest to amend the Agreement to expand and
diversify cultural uses in the downtown.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The Mayor is authorized to sign and the City Clerk to attest the First Amendment to an Agreement
for the Improvement of Land for Private Redevelopment between the City of Iowa City and Marc Moen for
118 East College Street attached hereto and incorporated herein.
Resolution No. 12-312
Page 2
2. The City Clerk is hereby directed to record said amendment along with a certified copy of the
resolution upon passage of this resolution at the Redeveloper's expense.
Passed and approved this 19 rh day of
20 12 .
CORPORATE SEAL A�� .
MAYOR
y, �/ �/� Ap � d y
ATTEST: / ?ui -tc»-d f( 7��
CITY 'CLERK City Alter y' Office
It was moved by Mims and seconded by
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
Dickens the Resolution be
X_ Dobyns
X Champion
X Dickens
X Hayek
X Mims
X Payne
X Throgmorton
Sa2htt vfl IS(307go ftm W.a'S112ECete)e Frc a Oe MM to TIF Reodoo
9-k
Prep'd by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa
City, IA 52240 (319) 356 -5030
FIRST AMENDMENT TO AN AGREEMENT FOR THE IMPROVEMENT OF LAND FOR
PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA
AND MARC MOEN FOR 118 EAST COLLEGE STREET
This First Amendment to the Agreement for the Improvement of Land for Private
Redevelopment by and between the City of Iowa City, Iowa and Marc Moen for 118 East
College Street is hereby made and executed by the City of Iowa City (hereinafter "City "),
410 East Washington Street, Iowa City, Iowa 52240 and Marc Moen, (Redeveloper "),
having an office at 221 East College Street, Iowa City, Iowa.
WHEREAS, in furtherance of the objectives of the Urban Renewal Act, and consistent with
the objectives of the Urban Renewal Plan for the Central Business District, the City
entered into an Agreement for the Improvement of Land for Private Redevelopment (the
"Agreement ") with Marc Moen (the Redeveloper); and
WHEREAS, pursuant to said Agreement, the Redeveloper agreed to construct and
operate certain Minimum Uses and Improvements, (as defined in Exhibit "B" within the
Agreement), on real property located at 118 East College Street, consisting of retail and
class "A" office space; and
WHEREAS, consistent with the City Council's stated goal of converting downtown bar
spaces to retail and office uses, the Agreement stated that the redeveloped property shall
not be used for an "eating and drinking establishment ", "restaurant" or "residential use ",
whether accessory, permitted or principal, as defined by the Iowa City zoning code; and
WHEREAS, the Redeveloper has proposed to include a non - profit organization,
"FilmScene ", dedicated to enhancing the cultural vitality of the Iowa City area through film
with the goal of operating a full -time cinema as a use for a portion of the redeveloped
property; and
WHEREAS, FilmScene's business model includes offering catered food, beer and wine as
components of its operation, the inclusion of which could violate the terms of the
Agreement if considered an accessory "eating and drinking establishment" under the Iowa
City zoning code; and
WHEREAS, to facilitate the inclusion of a cinema in the downtown and thereby enhance
the availability of cultural experiences, the City Council has approved an amendment to
the Agreement that will allow FilmScene to locate on the subject property while preserving
its ability to serve catered food, wine and beer under its business model; and
WHEREAS, the parties to the original Agreement wish to memorialize the terms under
which FilmScene may operate within the minimum improvements under the amended
agreement.
NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION AND
THEIR MUTUAL PROMISES AND CONVENANTS, THE PARTIES HEREBY
AGREE AS FOLLOWS:
1. Exhibit "B ", "Minimum Improvements" of the original Agreement for the
Improvement of Land for Private Redevelopment by and between the City of
Iowa City and Marc Moen for Redevelopment of 118 East College Street,
Iowa City, (a memorandum of which is recorded at Book 4844, Pages 871-
873) is hereby amended as follows:
Exhibit "B ", Minimum Improvements and Uses, is hereby amended to read as
follows:
"Minimum Improvements" shall mean the construction of a structure to
include property acquisition costs and costs for construction and installation
of class A office space and /or retail space on the upper floor, installation of an
elevator for accessibility, new HVAC equipment and ducting, new roof, new
exterior fagade, and specified commercial /retail space, which property shall
not be used for an "eating and drinking establishment', "restaurant' or
"residential use ", whether accessory, permitted or principal, as defined by the
Iowa City zoning code, with all related site improvements. Minimum
Improvements shall not include increases in assessed or actual value due to
market factors. However, notwithstanding any provision herein to the
contrary, a portion of the I" floor of the property (not to exceed 40% of the
gross square footage of the 1st floor) may be used for a movie theater /cinema
by the non - profit organization "FilmScene ". A kitchen shall not be permitted
but the theater may serve food, beer and wine during its hours of operation
subject to applicable licensing requirements.
2. The parties hereto acknowledge and agree that only Exhibit "B ", which
outlines the Minimum Improvements and Uses to be constructed and
operated at 118 East College Street have been modified by this First
Amendment to the Agreement for the Improvement of Land for Private
Redevelopment by and between the City of Iowa City and Marc Moen for 118
East College Street, Iowa City, Iowa, and all other terms and conditions
outlined in the Agreement, as amended, shall continue in full force and effect.
DATED this l9 • day of JuNk:— 2012.
MARC MOEN,
CITY OF IOWA CITY, IOWA
By: Matthew J.
ATTEST:
By: `Tf�
Warlan K. Karr, City Clerk
STATE OF IOWA >
)ss: CORPORATES L
JOHNSON COUNTY )
On this day of J u� G 2012, before me, the undersigned, a Notary
Public in and for said County and State, personally appeared Matthew J. Hayek and
Marian K. Karr, to me personally known, who being by me duly sworn, did say that they
are the Mayor and City Clerk, respectively, of said municipal corporation executing the
within and foregoing instrument; that the seal affixed thereto is the seal of said municipal
corporation; that said instrument was signed and sealed on behalf of said municipal
corporation by authority of City Council of said municipal corporation; and that the said
Matthew J. Hayek and Marian K. Karr acknowledged the execution of said instrument to
be the voluntary act and deed and said municipal corporation, by it and by them voluntarily
executed.
W a,,q°�^rs SONDRAEFOR7
Commission Number 159791
a My Commission Expires
nw • 3/V/ 2015
STATE OF IOWA )
) ss
JOHNSON COUNTY )
Notary Public in and for the State of Iowa
On this / `f day of �u n f 2012, before me, a notary
public in and for the State of Iowa, personally appeared Marc Moen, to me personally
known, who being by me duly sworn did say that he is the Redeveloper named above
and the execution of the foregoing is the voluntary act and deed of said Redeveloper, by
it and by him voluntarily executed.
JOYCE ORTE
COMMISSION NO. 150170
z 1�y r
P ablic in and for the State of Iowa 4 UY COMPPSS101Y1RES
I_ -Lf S
"
Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 3191355 -5230
11
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, JUNE 11, 2012
EMMA J. HARVAT HALL
MEMBERS PRESENT: Caroline Sheerin, Brock Grenis, T. Gene Chrischilles, -Carry Baker
MEMBERS ABSENT: Will Jennings
STAFF PRESENT: Sarah Holecek, Sarah Walz
OTHERS PRESENT: Mike Pugh, Beth Bewley - Randall, John Shaw, Johna Leddy
SPECIAL EXCEPTION
EXC12- 00009: A public hearing regarding an application submitted by Beth Bewley - Randall
and Tom Randall for a special exception to convert a non - conforming use located in the
Medium Density Single- Family Residential (RS -8) zone at 1018 Walnut Street to another
non - conforming use (a Building Trade Use).
Specific Criteria for this Special Exception:
14- 4E -5B: The Board of Adjustment may grant a special exception to allow a nonconforming
use, which is located in a structure not designed for a use allowed in the zone, to be
converted to a nonconforming use in a different use category or subgroup that is the same
or lesser in intensity than the existing use, provided the following conditions are met:
a. The proposed use will be located in a structure that was designed for a use that is
currently not allowed in the zone, for example a storefront commercial building located in
a single family zone.
The Board concludes that the building, originally constructed as an automotive showroom
and repair space, continues to be open area for which no use allowed in the zone has
been established and the building has not been modified for a conforming use. The
building is not readily adaptable to a use allowed in the zone.
b. The proposed use is of the same or lesser level of intensity and impact than the existing
use, considering the relative factors such as traffic generation, parking demand, hours of
operation, residential occupancy, noise, dust and customer and /or resident activity.
The Board concludes that the proposed use is of the same or lesser intensity than the
existing use based on the following findings:
• The subject building was originally constructed as an automotive showroom and is
not designed for, or readily adaptable to, a use currently allowed in the zone.
• Though the property may have had less intensive uses in recent years, it does not
have a clear history of legal use.
• Due to the size of the building and its structure, which is warehouse -like, it is inviting
to a number of uses that could create a disturbance or detract from the residential
GEN
Doc ID: 022587360004 Type:
Kind. DECISION
Recorded: 07/05/2012 at 02:10:26 PM
Fee Amt: $22.00 Pape 1 of 4
Johnson County Iowa
Kim Painter County Recorder
Z�
_,.n 0Q0 _7Q% 70ii
neighborhood —i.e. uses that could generate noise, dust, customer traffic, or parking
demand, etc.
• With the special exception, the property would be limited to a building trade use only
and no other uses would be permitted on the site.
• The proposed use would not generate customer traffic.
• Conditions imposed by the Board are intended not only to limit the intensity of the
proposed use but also to limit the opportunity for significant growth of the business
on the site by controlling the hours and days of operation; limiting signage, lighting,
outdoor storage, parking of vehicles (both fleet and personal staff vehicles);
prohibiting outdoor assembly or other activities on the site; and reducing (riveway_
widths and parking.
General Criteria for a Special Exception:
The Board concludes that the specific proposed exception will not be detrmental=to or ;-
endanger the public health, safety, comfort or general welfare, will not beinjurious -to the use
and enjoyment of other property in the immediate vicinity, will not substantially diminish or
impair property values in the neighborhood, and will not impede the normal and orderly
development and improvement of the surrounding property for uses permitted in the zone in
which the property is located based on the conditions listed above in addition to the
following conditions:
• The applicant will install hard surface paving within the parking area;
• The applicant will paint and maintaining the front fagade of the building;
• The applicant will provide appropriate setbacks and screening along property lines
as described;
The Board concludes that the proposal will not be detrimental to or endanger the public
health, safety, comfort, and general welfare based on the following findings:
• Driveway access to the site and the size of the parking area will be reduced and
vehicle areas will be separated from the sidewalk in accord with a proposal
submitted by the applicant;
All activities and storage associated with the use will be indoors;
• All recycling or stripping of electrical materials, including potentially hazardous
materials, will occur off -site or indoors.
The Board concludes that the structure and site are suitable for the proposed use because
the structure includes overhead doors and is warehouse -type space on a site that is located
just one block off Summit Street and one Block off Kirkwood Avenue where work vehicles
and delivery trucks will not have to travel a great distance on lower volume residential
streets to access the site. The Board finds that no enlargement of the building is proposed.
The Board finds that all necessary utilities, access roads, drainage and /or necessary
facilities are being provided and that the modifications to the driveway access to the building
will help to create efficient and safe ingress and egress for truck deliveries in order to
minimize traffic congestion on public streets. The Board finds that the applicant must secure
a building permit in order to establish the use and that all other aspects of the code will be
reviewed at as part of that process.
The Board finds that the Comprehensive Plan encourages the re -use of existing buildings so
long as their use does not interfere with the function and character of the neighborhood in
which they are located. The Board concludes that the conditions associated with this
approval — especially the modifying and screening of the parking area; requiring that all
parking for the use, including staff parking, be provided on site; and requiring that the
storage of all fleet vehicles, equipment, supplies, and activities to be within the building —are
intended to control the use of the property and future expansion of the business such that it
will not detract from the function and character of the surrounding residential neighborhood.
Disposition: By a vote of 4 -0 (Jennings absent) the Board approves EXC12- 00009, a special
exception to allow the non - conforming use that is located in a structure designed for a use
that is not allowed in the zone to convert to another non - conforming (Building Trade) use for
property located in the Medium Density Single - Family (RS -8) zone at 1018 Walnut Street,
subject to the following conditions:
• The special exception is for a building trade use only; no additional uses are permitted
on the site;
• The parking area should be set back and screened to minimize views of the parking area
to create separation between vehicle area and right -of -way, and to reduce driveway
widths;
• Adoption of the concept provided by the applicant for the buffer and green space with S2
screening along the south property line;
• Requiring a 10 feet of setback from the west property line with S3 screening -
• Requiring a 5 feet of setback with no screening along the east property-
• The site plan shall be approved by the Director of Planning and Community
Development/staff,• c
• Hours of operation are limited to 6 AM to 6 PM weekdays;
• Fleet vehicles must be stored inside the building during non -work hours, including
weekends;
• Outdoor storage of equipment, materials, or dumpsters is not allowed;
• All assembly, repair, or construction associated with the use must be conducted indoors;
• Signage should be limited to a facia or awning sign in compliance with the zoning code
standard for non-residential uses located in'a residential zone;.
• All outdoor lighting shall comply with the zoning code standards for residential zones;
• The applicants shall paint and maintain the front fagade of the building in a manner that
does not detract from the residential character of the zone as proposed in the submitted
elevations;
• The parking area, including driveways, shall be paved with a hard surface in compliance
with the parking area standards in the code;
• The applicants will secure a building permit to establish the change of use on the
property.
T4
TIME LIMITATIONS:
All orders of the Board, which do not set a specific time limitation on Applicant action, shall
expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall
have taken action within such time period to establish the use or construct the improvement
authorized under the terms of the Board's decision. City Code Section 14 -8C -1 E, City of Iowa
City, Iowa.
Caroline Sheerin, CKairperson
STATE OF IOWA
JOHNSON COUNTY
Approved'by;,
ity Att9tney s (ffic
I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment
Decision herein is a true and correct copy of the Decision that was passed by the Board of
Adjustment of Iowa City, Iowa, at its regular meeting on the 11th day of June, 2012, as the
same appears of record in my Office.
Dated at Iowa City, this day of � 12012
Mariank Karr, City Clerk
jc 01D00- 14 50000- l -IN006 �5
CORPORATE SEAL
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Doc ID: 022629600005 Type: GEN
Kind: ORDINANCE
Recorded: 08/08/2012 at 08:18:32 AM
Fee Amt: $27.00 Pape 1 of 5
Johnson County Iowa
Kim Painter County Recorder
BK4958 PG202 -206
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Marian K. Kan', City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is
a true and correct copy of Ordinance No. 12-4486 which was passed by the City Council of Iowa City,
Iowa, at a regular meeting held on the 3 I st day of July, 2012, is a true and correct copy, all as the same
appears of record in my office.
Dated at Iowa City, Iowa, this 6th day of August, 2012.
r10RPORATE SEAS,
2-11-2,yiGGia��
Marian K. Karr
City Clerk
\ord
410 EAST WASHINGTON STREET e IOWA CITY, IOWA 52240 -1826 a (319) 356 -5000 C FAX (319) 356 -5009
m
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5239 LOL, wiiiiJ
ORDINANCE NO. 12- 4486,_
AN ORDINANCE VACATING AND CONVEYING AIR RIGHTS WITHIN THE PUBLIC
RIGHT -OF -WAY LOCATED ADJACENT TO THE PROPERTY AT 114 SOUTH DUBUQUE
STREET, IOWA CITY, IOWA.
WHEREAS, the applicant, Mark Moen, is proposing to redevelop the property at 114 South
Dubuque Street by demolishing the one -story bank building and replacing it with a 14 -story mixed -
use building; and
WHEREAS, the applicant has requested that the City vacate and convey to the applicant air
rights starting at approximately 16 feet, eight inches above grade for a 4' x 44' section of the
Dubuque Street public right -of -way in City Plaza that extends along the west property line of the
subject property and a 4' x 56' foot section of public right -of -way in Blackhawk Park that extends
along the north property line of the subject property to allow the top 13 floors of the proposed 14-
story building to cantilever four feet over the public right -of -way; and
WHEREAS, ensuring quality retail storefront space is one of the goals of the Central Business
District; and
WHEREAS, an economic development goal for the City is to provide new employment
opportunities in the Downtown area and lack of available Class A office space has been identified
as an impediment to achieving this goal; and
WHEREAS, it is an economic development goal for the City to provide opportunities for high
quality residential apartments and condominiums in the downtown area to attract permanent
residents that will support a variety of businesses in the central business district and allow
residents to live close to employment, shopping and other services in an urban environment;
WHEREAS, the vacation will allow enough additional living space in the residential units to
allow for balconies to be recessed with the building wall, which will create a more aesthetically
pleasing building design and more usable outdoor space for tenants without sacrificing quality
interior living space needed to attract permanent residents to Downtown; and
WHEREAS, the vacation of air rights will provide for a superior overall design of the building;
and
WHEREAS, the vacation of air rights will provide the opportunity for a more pedestrian - friendly
main floor retail space on a very constrained building site; and
WHEREAS, the vacation of air rights will maximize the amount of Class A office space on
levels 2, 3 and 4; and
WHEREAS, the vacation of air rights will allow for recessed balconies on the residential levels
and make the residential floor plans far more functional and marketable for long -term residents;
and
WHEREAS, given the short length of the building wall along the main pedestrian route within
City Plaza (only 40 feet), the relatively minor depth of the cantilever (only four feet), and the
approximate height (approximately 17 feet) at which the cantilever is proposed will be sufficient to
prevent a dark, tunnel -like environment at the pedestrian level, which might otherwise result if
allowed for a building with a larger footprint; and
WHEREAS, given the small size of the building footprint combined with the fact that the
subject property does not directly abut other buildings along Dubuque Street, the impacts on light,
air and views along City Plaza and Blackhawk Park will be minor, and will not unduly block views
of adjacent businesses or any important vistas within the community; and
WHEREAS, on May 17, 2012, the Planning and Zoning Commission recommended City
Council approve vacating air rights within the public right -of -way along the north and west lot lines
of the property at 114 South Dubuque Street as described below;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. VACATION AND CONVEYANCE. The City of Iowa City hereby vacates and
conveys to Central Park L.L.C. air rights to that portion of public right -of -way starting at
approximately 16 feet, eight inches above grade for a 4' x 44' section of the public right -of -way
q0
Ordinance No. 12 -448'6
Page 2
that extends along the west property line of the property at 114 South Dubuque and a 4' x 56'
section of public right -of -way in Blackhawk Park that extends along the north property line of the
property at 114 South Dubuque, as illustrated below and as legally described below:
i
ti
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W
7
O
m
ALLEY
BI GKHAWK
PARK
H(FP ryGllc
PLAN_
All those air rights and all of the air space above a plane elevation of 16 feet 8 inches (16'
8 ") above existing grade over and above the following described real property located in
Johnson County, Iowa, to wit:
Commencing at the southwest corner of Lot 4 in Block 65, in Iowa City, Iowa,
according to the recorded plat thereof, which point is the Point of Beginning;
thence north 40 feet along the west line of said Lot 4; thence east 59 feet, 9
inches along the north line of said Lot 4; thence north 4 feet; thence west 63 feet,
9'% inches on a line parallel with the north line of said Lot 4; thence south 44 feet
on a line parallel with the west line of said Lot 4; thence east 4 feet to the Point of
Beginning
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision
of this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the 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 IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication, as provided by law.
Ills
Ordinance No. 12 -4486
Page 3
SECTION V. RECORDING AND EFFECT. This Ordinance shall be recorded and shall have
the effect of conveying the above - described land to Central Park L.L.C. pursuant to Iowa Code
Section 354.23.
SECTION VI. CONSIDERATION. This vacation and conveyance is being made in
consideration for $31,795.
Passed and approved this 31st day of July , 2012.
MAYOR: Matt Hayek
ATTEST: .��.i�/
CITY CLERK
App ved py
ity Att�ey's Ofj ce/
CORPORATE SEAL
IOU
Ordinance No. 12-4486
Page 4
It was moved by Champion and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x
x
x
x
Dickens that the
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 6/19/2012
Voteforpassage: AYES: Dickens, Dobyns, Mims, Payne, Champion. NAYS: Hayek,
Throgmorton. ABSENT: None.
Second Consideration 7/10/2012
Voteforpassage: AYES: Mims, Payne, Champion, Dickens, Dobyns. NAYS: Throgmorton, !;
Hayek. ABSENT: None.
Date published
2Q
fee
Doc ID: 022644510005 Type: GEN
Kind: DECISION
Recorded: 08/20/2012 at 04:29:10 PI'l
Fee Amt: $27.00 Page 1 of 5
Johnson county Iowa
Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356 -5230 Kim Painter County Recorder
4 VeAQr" -tv; BK4964 PG877 -881
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, JULY 11, 2012
EMMA J. HARVAT HALL
MEMBERS PRESENT: Caroline Sheerin, Brock Grenis, Larry Baker, T. Gene Chrischilles
MEMBERS ABSENT: William Jennings
STAFF PRESENT: Sarah Holecek, Sarah Walz, Gerald Denning (Special Counsel)
OTHERS PRESENT: Robert Wetherell, Michael Pugh, Marc Moen
APPEAL ITEM:
1. APL12- 00001: a public hearing regarding an application filed by NCS Pearson appealing a
decision of the Iowa City Housing and Inspection Services Director denying a building permit
for a wind turbine on the grounds that it is not an accessory use in the Office Research Park
(ORP) zone.
FINDINGS OF FACT: The Board received evidence that on March 27, a building official
informed the Pearson's engineers that her prior interpretation that the proposed wind turbine
would be allowed was incorrect; a building permit was subsequently denied on April 5, 2012.
In a letter dated April 12, 2012, the Director of Housing and Inspection Services informed
the attorney for Pearson's that he had reviewed the situation and concurred that the building
permit should be denied because a wind turbine is not an allowed accessory use under the
Iowa City Zoning Code, stating that "a wind turbine is not customarily incidental to and
commonly associated with the permitted use ... in this case an office use." The Director's
letter made no reference to height or placement of the proposed turbine and did not refer to
the presence of a wind turbine on City property.
The Board finds that the proposed wind turbine is approximately 140 feet in height and is to
be located in the Office Research Park (ORP) zone at Pearson's main office at 2510 North
Dodge Street. The Board finds that two wind turbines are established on other properties in
Iowa City: a 23 -foot wind helix located at the Iowa City Environmental Education Center and
a 37 -foot turbine on the University of Iowa Campus. The Board finds that wind turbines are
becoming more common in usage in the state of Iowa, and that municipalities are adopting
ordinances to regulate their use. The Board finds that the City of Iowa City has no such
regulations but is in the process of drafting them.
CONCLUSIONS OF LAW:
In support of the appeal, two members of the Board conclude the Building Official
was in error based on the following conclusions:
1. The presence of two wind turbines within city limits constitutes a precedent for theuse
being common in the community.
2. The increasingly common use of wind turbines in the State of Iowa constitutes a�,
precedent for the use being common. - )
„a
,)
3. The Building Official failed to acknowledge the presence of other wind turbines in his
denial of the appellants wind turbine.
4. The height and location of the appellant's proposed wind turbine are not relevant in the
determination of whether the use is an allowed use accessory to an office use.
One member of the Board voted to deny the appeal and uphold the decision of the
Building Official based on the following conclusions:
1. The presence of two small wind turbines of limited height in public zones elsewhere in
Iowa City does not constitute a precedent such that a significantly larger wind turbine
should be considered a use commonly associated with office uses.
2. The existence of a use on public property does not determine its permitted use on
private property.
3. The zoning code indicates that size and scale are relevant in determining an accessory
use.
4. Because there are no zoning guidelines for wind turbines, the Building Official would
have no authority to regulate size, location, zoning, nor any other aspect of this or any
other proposed wind turbine.
5. Given the manner in which the code regulates a range of other common accessory uses,
it would not be reasonable to assume that such a use should be considered so common
as to be permitted without any regulation.
Disposition: The motion to overturn the decision of Iowa City Zoning Official denying a
building permit for a wind turbine failed on a vote of 2 -1.
SPECIAL EXCEPTION ITEM
2. EXC12- 00003— Discussion of a request by Marc Moen to modify a previously approved
special exception in order to provide two required parking spaces off site in a municipal
ramp for a proposed mixed -use development in the CB -10 zone at 114 S. Dubuque Street.
A special exception approved in April allowed the two required spaces to be provided at
grade within the proposed building.
The Board concludes that the conditions on the subject property create a practical difficulty
in achieving full compliance with the code requirements for structured parking and providing
the required on -site parking based on the following finding:
• The limited size of the property (40 x 80) makes it impractical to provide parking
below grade.
The Board concludes that the proposed alternative storefront space, both the interior and
exterior, will be of a quality in both design and materials that will enhance the commercial
character of the Central Business District based on the following findings:
The Board concludes that the specific proposed exception will not be detrimental to or
endanger the public health, safety, comfort or general welfare based on the following
findings:
• The proposed building is 450 feet from the entrance to the Dubuque Street
parking facility and that the walking route between the parking facility and the
proposed development is through City Plaza.
• Municipal parking facilities are designed to provide safe vehicular access —both
ingress and egress.
The Board concludes that the capacity of the parking facility will not be exceeded by this
request based on the following findings:
• The Dubuque Street parking facility provides 626 parking spaces, and 325
permits are issued annually.
• Nearly all regular permits expire annually and the number available for renew or
sale is based on an analysis by the Director of Transportation Services. The
Director of Transportation Services has indicated that there is available capacity
in the ramp at this time.
• The Director of Planning and Community Development and the City Manager
concur with this analysis.
The Board finds that the zoning code allows that for properties located in the CB -10
zone, up to 100% of the required parking may be provided in a municipal ramp
regardless of its proximity to the proposed development, and that because the parking
facility is already constructed, there will be no change to the area. The Board finds that
applicant will submit a parking covenant as part of the building permit application.
The Board concludes that the special exception will not be injurious to the use and
enjoyment of other property in the immediate vicinity and will not substantially diminish
or impair property values in the neighborhood based on the findings above in addition to
the following:
• The proposed development devotes approximately 80% of the ground floor space to
retail use, and includes three floors of Class A office space, which contributes to the
Downtown commercial vitality.
• The proposed residential units add to the diversity of Downtown housing and will not
substantially increase parking demand.
The Board concludes that the establishment of the specific proposed exception will not
impede the normal and orderly development and improvement of the surrounding
property for uses permitted in the zone in which such property is located based on the
current capacity of the Dubuque Street parking facility
The Board finds that utilities, access roads, drainage and other facilities are in place to
serve the parking facility and the development of the proposed building.
The Board finds that all aspects of the mixed use development will be reviewed
administratively by City staff as part of the site plan and building permit process in order
to ensure that all aspects of the development not specifically considered here are in
compliance with the Zoning and Building Codes.
The Board concludes that the proposed use will be consistent with the Comprehensive
Plan, as amended based on the following findings:
• The Comprehensive Plan, drafted in 1997, promotes the concept of higher density
housing in the Downtown.
Ip
The City Council has addressed concerns about parking demand in the Downtown
by requiring parking for residential uses and providing for the special exception to
allow off -site parking in municipal ramps in order to meet the parking requirements.
The proposed mixed -use building will include 24 one - bedroom apartments and 2
two- bedroom apartments, adding to the diversity of housing opportunities in
Downtown Iowa City for long -term renters or owners.
DISPOSITION: By a vote of 3 -0 the board approved the amendment to EXC12- 00003, a
special exception to allow all 14 required parking spaces to be provided in a municipal
parking facility to satisfy the minimum parking requirements for a mixed -use building to
be constructed in the Central Business (CB -10) zone at 114 S. Dubuque Street, subject
to the following conditions:
C The applicant must submit the required agreement for off -site parking prior to
securing a building permit. The agreement shall include the following conditions:
• The permits shall only be available to residents of 114 South Dubuque
Street at a cost not to exceed the market rate determined by the
Director of Transportation Services at the time of leasing.
• The property manager must provide the Director of Transportation the
name, license plate number, and address of all permit holders.
Permits will only be granted to residents with the primary address of
114 South Dubuque Street.
• The final building plan is generally consistent with the plan submitted as part of
this application with regard to the design for the retail and office floors, and the
residential unit and bedroom mix and must comply with the Central Business Site
Development Standards as set forth in the Zoning Code.
TIME LIMITATIONS:
All orders of the Board, which do not set a specific time limitation on Applicant action, shall
expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall
have taken action within such time period to establish the use or construct the improvement
authorized under the term of the Board's decision. City Code Section 14 -8C -1 E, City of Iowa
City, Iowa. iI
Approved by:
Gerald Denning, Sne ial Counsel
1�
STATE OF IOWA
JOHNSON COUNTY
I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment
Decision herein is a true and correct copy of the Decision that was passed by the Board of
Adjustment of Iowa City, Iowa, at its regular meeting on the 11th day of July, 2012, as the same
appears of record in my Office.
Dated at Iowa City, this day of 2012
J
Maria K. Karr, City Clerk
r� \
Doc ID: 022652270013 Type: GEN _
Kind: AGREEMENT
Recorded: 08/27/2012 at 12:49:27 PM
Fee Amt: $67.00 Page 1 of 13
Johnson County Iowa
Kim Painter County Recorder
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STATE OF IOWA )
) SS
JOHNSON COUNTY )
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CITY OF IOWA CITY
410 East Washington Street
Iowa City. Iowa 52240 -1826
(3 19) 356 -5000
(319) 356.5009 FAX
www.1cgov.org
I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution
attached hereto is a hue and correct copy of Resolution No. 12 -377 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the 215` day of July, 2012,
all as the same appears of record in my office.
Dated at Iowa City, Iowa, this 24d' day of July 2012.
t/
Marian K Karr
City Clerk
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Marian K Karr
City Clerk
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Prepared by: Kimberly Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356.5139
RESOLUTION NO. 12 -377
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WEST
LIBERTY TELEPHONE COMPANY TO USE CERTAIN PUBLIC RIGHTS -OF -WAY FOR
THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC
NETWORK.
WHEREAS, West Liberty Telephone Company desires to install a buried conduit system
containing fiber optic telecommunications cable within certain City of Iowa City public rights -of-
way; and
WHEREAS, the City of Iowa City desires to give West Liberty Telephone Company a license to
use those rights -of -way for such purposes ; and
WHEREAS, it is in the public interest to enter into a license agreement with West Liberty
Telephone Company concerning the location of and responsibility for the installation and
maintenance of the fiber optic cable.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The attached license agreement between the City of Iowa City and West Liberty
Telephone Company to use certain public rights -of -way as set out in said agreement for
the placement of fiber optic cable is in the public interest, and is hereby approved as to
form and substance.
2. The Mayor is authorized to execute and the City Clerk to attest the attached agreement,
on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record
the resolution and agreement in the Johnson County Recorder's Office, at West Liberty
Telephone Company's expense.
Passed and approved this 21st day of August 2012.
ATTEST:�c
CITY'CLERK
&
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6 V r
A=,
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MAYOR
Approved by
City Attorney's Office
8 V
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Resolution No.
Page 2
It was moved by Champion and seconded by Payne the
Resolution be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
NAYS:
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Tluogmorton
2Y
A LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND WEST
LIBERTY TELEPHONE COMPANY FOR USE OF PUBLIC RIGHTS-OF -WAY FOR THE
INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK.
SECTION I. DEFINITIONS
a. "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its
officers, employees and agents.
b. "Public Improvements" shall mean any publicly -owned improvements on public property,
including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic
signals, water mains, sewers, electrical transmission lines and equipment related thereto,
cable and telephone lines and equipment related thereto.
c, "Public Property" shall mean publicly -owned or controlled public land and rights -of -way,
easements, bridges, parks squares and commons.
d. "Network" shall mean cables, underground conduits, handholes, vaults, fiber optic cables,
overhead transmission lines and other overhead cable and lines necessary for the provision
of fiber optic service, including the equipment owned, operated, leased, or subleased by
Licensee for the provision of said service.
e. "Licensee" shall mean West Liberty Telephone Company, an Iowa corporation located at
413 North Calhoun Street, West Liberty, Iowa 52776.
SECTION 2. BASIC GRANT
Licensee is hereby granted a license to construct, maintain, inspect, protect, repair, replace and
retain the Network in, under, upon, along and across the Public Property shown and generally
identified in Exhibits A, B and C attached hereto and incorporated herein by this reference and
specifically identified in the network map approved according to Section 3 below ("License
Area'), according to the terms of this Agreement and subject to the regulatory powers of the
City.
SECTION 3. INSTALLATION, REPAIR, EXTENSION OR EXPANSION OF THE NETWORK
Before commencing any extension or expansion of its system, or any major repair work or the
installation of any new Network component within the License Area, the Licensee shall file with
the Public Works Department of the City a written statement verifying the public property under
which or upon which Licensee proposes to extend, expand, install or repair its system. The
Director of Public Works may require the statement be accompanied by a map, plan or
specifications showing the proposed location of the system components with references to
streets and alleys, existing public utilities, the size and dimensions of all facilities, and the
distance above or beneath the surface of the ground proposed for repair or installation.
No Network component shall interfere with the reasonable and proper use, construction,
reconstruction and maintenance of any public improvements or any existing City-owned public
utility system component, or other structure upon or under Public Property. In the event that
the proposed Network plan shows such interference, the Director of Public Works shall, within
reasonable time after the filing of such plan, map or specifications, note the changes necessary
1
to eliminate the interference and refer the same back to Licensee for modification of the plans.
Any such review, approval or amendment shall remain subject to the provisions in Section 8
herein. Once the map, plan, or specifications are approved by the Public Works Director, they
shall be filed in the Public Works Department and an excavation permit may be issued
authorizing Licensee to proceed in accordance with the approved maps, plans, and /or
specifications. Licensee shall not perform any work on the Network within the License Area prior
to the issuance of the permit herein provided for unless it is an emergency as described in
Section 5. All work performed shall be in accordance with the approved maps, plans or
specifications and the terms of this License.
SECTION 4. CONSTRUCTION AND REPAIR OF NETWORK
To protect the public and assure the safe and efficient movement of traffic, Licensee shall
properly barricade any Public Property used by Licensee in compliance with, at a minimum, the
requirements set forth in the Manua/ on Uniform Traffic Control Devices. Licensee shall
properly and speedily replace any and all pavement removed or damaged by Licensee in
accordance with the City's regulations, City's Municipal Design Standards and Standard
Construction Specifications, and warranted for a period of five (5) years. As a condition to the
use of the License Area, Licensee shall, at its own expense, repair or cause repair to any private
property public utility system component, public improvement or Public Property damaged by
Licensee. If Licensee fails to repair or arrange with the City for the proper repair of any Public
Property after excavations have been made, and after thirty days notice in writing to do so
given to its designated representative, then the City may make such repairs at the expense of
Licensee.
SECTION 5. EXCAVATIONS
The City hereby grants Licensee a license to make excavations within the License Area for the
purpose of routine repair, replacement, and maintenance of wires, lines or other Network
system components according to the following conditions;
a. Licensee shall first obtain an excavation permit as required by to City Ordinances and
Regulations;
b. Licensee shall not unnecessarily obstruct the use of streets, avenues, alleys or public
places;
c. Licensee shall provide the Public Works Director with twenty-four (24) hours notice prior
to the actual commencement of the work, and shall comply with all City provisions,
requirements and regulations in performing such work.
d. Licensee shall provide three (3) day notice to the Public Works Director for any work
requiring a street closure or detour prior to such closure or detour.
In emergencies which require immediate excavation, Licensee may proceed with the minimum
work necessary to remedy the emergency without first applying for or obtaining an excavation
permit, provided, however, that Licensee shall apply for and obtain the permit as soon as
possible after commencing such emergency work. Excavations shall not remain open for more
than five (5) working days without prior City approval.
Failure to Comply; Remedies. If the Network fails to comply with the provisions of this Section,
the City may repair or restore the Public Property, at Licensee's expense, to the condition of the
property prior to the disturbance by Licensee. Licensee shall pay the costs of such repair or
restoration within sixty (60) days after receipt of the City's billing.
2 G''
SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO
CONFORM WITH PUBLIC IMPROVEMENTS
The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts,
manholes and other appurtenances, and to do, or permit to be done, any underground and
overhead installation of improvements that may be deemed necessary or proper by the City in,
across, along, over or under any portion of the License Area occupied by the Network, and to
change any curb or sidewalk or the grade of any street. In permitting others to do such work,
the City shall not be liable to Licensee for any Network damage arising out of the performance
of such work by other parties. Nothing in this Agreement shall be construed to relieve other
persons or corporations from liability for damage to the Network.
SECTION 7. LICENSEE CONTRACTORS
The requirements of this License Agreement shall apply to all employees, agents, persons, firms
or corporations performing work for Licensee under a contract, subcontract, time and materials
arrangement or other type of work order.
SECTION 8. CONDITIONS OF STREET OCCUPANCY
Licensee's use of any Public Property for the purposes set forth in this Agreement shall be in
conformance with the established grades of streets, alleys and sidewalks, and be so located as
to cause minimum interference with the rights or reasonable convenience of property owners
who adjoin Public Property.
Licensee shall exercise its rights granted herein in such manner as to cause as little interference
as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any,
given by the Director of Public Works.
Licensee shall, upon reasonable notice and at its sole cost and expense, remove, locate and
relocate its facilities in, on, over or under the License Area in such manner as the City may, at
any time, require for the purpose of facilitating the construction, reconstruction, maintenance,
repair or change in grade of any public improvement on, in or about any such Public Property,
for the purposes of facilitating the vacation and /or redevelopment of Public Property or public
right -of -way by the City. In the event Licensee fails to act within a reasonably allocated time,
the City may cause the Network facilities to be relocated, and the costs thereof shall be to the
Licensee and shall be paid as provided in Section 5 hereof. Claims for delay of work from
contractors employed by the City that are a result of Network's failure to act within a
reasonable time shall be the responsibility of the Licensee. In the case of Public Works
projects, reasonable time shall be defined six weeks after the public hearing approving the
plans and specifications for said project.
Licensee shall not place any Network component in the License Area where the same will
interfere with the normal use or maintenance of any public improvement, including but not
limited to streets, alleys sidewalks, traffic control devices, sanitary sewers, storm sewers, storm
drains or water mains, electrical transmission lines or any public utility facility. Licensee shall
maintain a five (5) foot minimum horizontal clearance from any public utility, including water
mains, storm sewers, sanitary sewers, and storm drains. Licensee shall not place identification
signs within the public right -of -way.
3
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Upon. request, Licensee agrees to assist in locating underground facilities which are part of its
system. Such assistance will be provided in a timely manner, but not more than forty -eight
(48) hours after the time of request. As a condition of this agreement Licensee shall enroll as a
member of the "Iowa One -Call System" and shall respond to all requests and notifications
placed to the toll -free "One -Call" number.
Licensee shall restore and replace any surface vegetation removed or damaged during
Licensee's exercise of its rights granted herein with sod or other such vegetation approved by
the Director of Public Works and in conformance with City ordinances and the standard local
practices for placing sod.
SECTION 9. ABANDONED FACILITIES
Thirty days prior to abandonment of any Network component, Licensee shall notify the City of
its intentions. Licensee shall remove manholes, handholes, vaults, overhead facilities and
equipment related hereto from the License Area as required in conjunction with other right -of-
way repair, excavation or construction unless this requirement is waived by the Director of
Public Works.
SECTION 10. POWERS OF CITY OF IOWA CITY
Nothing in this Agreement shall be construed to abridge the right or power of the City to make
further regulations relative to the use of the streets, alleys and Public Property by anyone using
the same for the installation and maintenance of utility systems, including, but not limited to,
fees for use of Public Property. Any such further regulations shall apply to Licensee and to this
Agreement.
SECTION 11, PLANS AND COORDINATION
Upon completion of any work performed in accordance with this Agreement, including the initial
installation and subsequent modifications or relocations of Network components, Licensee shall
promptly furnish to the City copies of "as- built" plans related to any Network component located
on Public Property.
Licensee shall keep complete and accurate maps and records of the locations and operations of
its Network, including buried abandoned facilities.
SECTION 12. VIOLATIONS OF AGREEMENT
In the event that Licensee is in breach of this Agreement, or has violated or breached any local,
state or federal law or regulation related to the rights granted herein (hereinafter referred to as
"default'), the City shall give written notice to Licensee of the default, Licensee shall cure such
default within thirty (30) calendar days after receipt of such notice; provided, however, where
any such default cannot reasonably be cured within such thirty (30) day period, the time for
curing such default shall reasonably be extended for such period of time as may be necessary
to promptly complete such cure with due diligence.
If the City determines that Licensee's default is an immediate danger to public health, safety or
welfare and requires immediate action, the City may provide written notice of said
U
determination to Licensee and immediately remedy the default by doing the act itself, or
through a contractor, and charge the costs of such work to Licensee.
If Licensee fails to cure a default within the time allowed, the City shall have the right to:
seek specific performance; or
remedy the default by doing the act itself, or through a contractor, and charge the
costs of such work to the Network; or
iii. seek damages of such default; or
iv. any combination of (i), (ii) and (iii).
SECTION 13. LIABILITY, INDEMNIFICATION AND INSURANCE
Licensee covenants to indemnify, defend and save the City and its officers, agents and
employees, harmless from any and all damages arising directly from the exercise of the rights
granted herein. Licensee agrees to require contractors and subcontractors engaged in work for
Licensee on Public Property to maintain insurance coverage during the term of their work and
to provide the City with certificates of insurance satisfactory to City.
SECTION 14, SEVERABILITY
In the event a court of competent jurisdiction shall adjudge any provision or provisions hereof
invalid or illegal, or direct a change by Licensee in any matter or thing herein contained, such
invalidity, illegality or change shall be deemed severable and shall in no way affect the
remaining provisions of this Agreement or their validity or legality and this Agreement in all
other respects shall continue in full force and effect as if said provision or provisions had not
been so adjudged invalid or illegal, or such change had not been directed. At the City's option,
and upon a court's ruling of invalidity or illegality, the City may cause this Agreement to be
terminated.
61:101 Ice] IaCm►ll
Neither party shall assign or otherwise transfer this Agreement or any of its rights and interest
to any firm, corporation or individual, without the prior written consent of the other party.
SECTION 16. TERMINATION OF AGREEMENT AND VACATION OF STREETS AND ALLEYS
The City may terminate this Agreement at any time upon thirty (30) days notice provided to
Licensee, if the City determines that the License Area is needed for a public purpose and should
be cleared of any and all obstructions. When not in conflict with other City purposes, needs or
uses, as long as Licensee exercises the rights granted to it hereunder, the City will not, by
ordinance or otherwise, vacate any street, alley or Public Property in which Licensee has
installed its facilities without reserving such rights as necessary to allow continued use of such
property for the Network in accordance with the terms of this Agreement, provided that nothing
herein shall limit the City's right to require Licensee to relocate its Network as provided in
Section 8 hereof.
5
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SECTION 17. DELIVERY OF NOTICES
Except as may be expressly provided herein, any notices hereunder shall be in writing and shall
be delivered via certified mail and addressed as follows, unless indicated otherwise in the
future:
If to City: Public Works Director
City of Iowa City
City Hall
410 E. Washington Street
Iowa City, IA 52240
319 - 356 -5140
If to Licensee: Outside Plant Manager
West Liberty Telephone Company
413 North Calhoun Street
West Liberty, IA 52776
319 - 627 -0227
Provided, however, that in case of an emergency, notices may be given verbally to the above -
named persons. In such case, written confirmation should be provided, Nothing contained
herein shall prevent other forms of notice if actually received by addressee. Notice shall be
deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice
is received.
SECTION 18. RECORDATION
This agreement shall be recorded in the Johnson County Recorder's Office, at Licensee's
expense.
9r
Dated this day of AuGusr— 2012.
CITY OF IOWA CITY
Matthew J. Hayek, Mayor
WEST LIBERTY TELEPHONE COMPANY
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Attest:
City'Cerk ((�� RATE Approved by: v ®IMP ®RAT AL'
City Attorney's Office
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CITY OF IOWA CITY ACKNOWLEDGMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 611 day of Aur.us-r— 2012, before me, the undersigned, a Notary Public in and
for the State of Iowa, personally appeared Matthew J, Hayek and Marian K. Karr, to me
personally known, and, who, being by me duly sworn, did say that they are the Mayor and City
Clerk, respectively, of said municipal corporation executing the within and foregoing instrument;
that the seal affixed thereto is the seal of said municipal corporation; that said instrument was
signed and sealed on behalf of said corporation by authority of its City Council, as contained in
Resolution No. I&- 37- and passed by the City Council, on the a� !* day of
Aks psi 2012, and that Matthew J. Hayek and Marian K. Karr acknowledged the
execution said instrument to be the voluntary act and deed and the voluntary act and deed of
said corporation, by it and by them voluntarily executed.
41V s SONDRAEFORT Sonclno.i rorrb
i Commission Number 159791 Notary Public in and for the State of Iowa
My Co mission
low Expires
3 o2oi.5"
My commission expires: 3/? 1 ap)5
LICENSEE ACKNOWLEDGMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this r�i � day of c.� ��,�, 2012, before me, the undersigned, a Notary Public in
and for the State of Iowa, i and d for said county, personally appeared Jerry Melick, to me
personally known, who being by me duly sworn did say that that person is the
— = - Vj,;�0 }of said corporation and that said instrument was signed on
behalf of ttie said corporation by authority of its board of directors or trustees and the said
acknowledged the execution of said instrument to be the
voluntary act and deed of said corporation by it voluntarily executed.
Notary Public i nd for the Sta of Iowa
My commission expires: 9 4-0
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Doc ID: 022653280008 Type: GEN
Kind: ORDINANCE
Recorded: 08/28/2012 at 02:36:03 PM
Fee Amt: $42.00 Page 1 0f 8
Johnson County Iowa
Kim Painter County Recorder
• • M
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is
a true and correct copy of Ordinance No. 12-4489 which was passed by the City Council of Iowa City,
Iowa, at a regular meeting held on the 21't day of August, 2012, is a true and correct copy , all as the
same appears of record in my office.
Dated at Iowa City, Iowa, this 24 °i day of August, 2012.
Marian parr rr
City Clerk
\ord
410 EAST WASHINGTON STREET a IOWA CITY, IOWA 52240 -1826 a (319) 356 -5000 a FAX (319) 356 -5009
Prepared by: Karen Howard, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5251 (REZ09- 00003)
ORDINANCE NO. 12 -4489
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 4.29 ACRES OF LAND
LOCATED ON WALDEN ROAD, WEST OF MORMON TREK BOULEVARD FROM MEDIUM DENSITY
SINGLE FAMILY RESIDENTIAL (RS -8) ZONE TO HIGH DENSITY SINGLE FAMILY RESIDENTIAL (RS-
12) ZONE. (REZ09. 00003)
WHEREAS, the applicant, Southgate Development Company, has requested a rezoning of Lot 79 of
Walden Wood Subdivision, Part 7, located on Walden Road west of Mormon Trek Boulevard from Medium
Density Single Family Residential (RS -8) Zone to High Density Single Family Residential (RS -12) Zone; and
WHEREAS, the Comprehensive Plan's guidelines for new neighborhoods encourages the development
of compact neighborhoods in close proximity to services and amenities;
WHEREAS, the Southwest District Plan identifies this property as appropriate for single family or duplex
residential development, but also states that the property will require careful design due to its topographic
conditions and the unusual shape and size of the property;
WHEREAS, the applicant has proposed townhouse -style, attached single family dwellings and has
proposed clustering the dwellings along Mormon Trek Boulevard and Walden Road in order to provide
dwellings that have a residential presence along the street frontages on this property that is unusually shaped
with limited street frontage; and
WHEREAS, the proposed lot layout allows vehicle access to all the dwelling units via a rear drive from
Walden Road, making it unnecessary for additional access from Mormon Trek Boulevard, an arterial street;
and .
WHEREAS, storm water run -off from this sloping site has caused drainage problems for adjacent
properties to the south and the proposed concept plan for clustering the dwelling units along the street
frontages will provide more room on the site for appropriate storm water detention facilities that will improve
drainage; and
WHEREAS, there is limited on- street parking on adjacent streets that may not be adequate to meet the
needs for visitor parking for the increased density allowed by this rezoning unless additional visitor parking is
provided on site;
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined
that it complies with the Comprehensive Plan provided that any future subdivision plat substantially complies
with the proposed lot layout with townhouse style, attached single family dwellings that present an attractive
residential appearance along the street frontages, a rear drive with access limited to Walden Road, adequate
on -site visitor parking to prevent congestion along neighboring streets; and storm water management that
meets City standards; and
WHEREAS, Iowa Code Section 414.5 (2011) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy
public needs caused by the rezoning request; and
WHEREAS, the applicant/owner acknowledges that certain conditions and restrictions are reasonable to
ensure that development of this property complies with the Comprehensive Plan and addresses concerns
regarding residential clustering, storm water management, vehicular access, and adequate off - street parking.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property legally described as Lot 79, Walden Wood Part 7, is hereby reclassified from its current
zoning designation of Medium Density Single Family Residential (RS -8) Zone to High Density Single Family
Residential (RS -12) Zone.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the
office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
,2
Ordinance No. 12 -4489
Page 2
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the 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 VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 21st day of August , 2012.
MAYOR
ATTESTi!'
C .-,CLERK
ApRroVed- ,
`Eity_Atte eys Off /y` /Z
L6 .
Ordinance No. 12 -4489
Page 3
It was moved by Champion and seconded by Dickens
Ordinance as read be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
x
NAYS: ABSENT:
First Consideration
Vote for passage:
Second Consideration _
Vote for passage:
Throgmorton.
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
thatthe
7/10/2012
AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens,
Dobyns. NAYS: None. ABSENT: None.
AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne,
NAYS: None. ABSENT: None.
Date published 8/30/2012
Tq
Prepared by: Andrew Bassman, Planning Intern, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356.5230
(REZ09- 00003)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City'), and Walden Wood Lot 79 LLC (hereinafter "Owner).
WHEREAS, Owner is the legal title holder of approximately 4.29 acres of property
located on Walden Road, west of Mormon Trek Boulevard; and
WHEREAS, the Owner has requested rezoning of said property from Medium - Density
Single - Family Residential (RS -8) zone to High - Density Single - Family Residential (RS -12) zone;
and
WHEREAS, the applicant has proposed townhouse -style, attached single family
dwellings and has proposed clustering the dwellings along Mormon Trek Boulevard and Walden
Road in order to provide dwellings that have a residential presence along the street frontages
on this property that is unusually shaped with limited street frontage; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning
and determined that it complies with the Comprehensive Plan provided that any future
subdivision plat substantially complies with the proposed lot layout with townhouse style,
attached single - family dwellings that present an attractive residential appearance along the
street frontages, a rear drive with access limited to Walden Road, adequate on -site visitor
parking to prevent congestion along neighboring streets; and storm water management that
meets approval of the City Engineer; and
WHEREAS, Iowa Code §414.5, as amended, provides that the City of Iowa City may
impose reasonable conditions on granting an applicant's rezoning request, over and above
existing regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, the Owner acknowledges that certain conditions and restrictions are
reasonable to ensure the development of the property is consistent with the Comprehensive
Plan and the Southwest District Plan; and
WHEREAS, the Owner agrees to develop this property in accordance with the terms and
conditions of a Conditional Zoning Agreement.
1
Tq
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Southgate Development Company is the legal title holder of the property legally
described as LOT 79, WALDEN WOOD PART 7 IN THE CITY OF IOWA CITY,
JOHNSON COUNTY, IOWA; SAID PARCEL CONTAINING 4.29 ACRES, SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan and the Southwest District Plan. Further, the parties
acknowledge that Iowa Code §414.5, as amended, provides that the City of Iowa City
may impose reasonable conditions on granting an applicant's rezoning request, over and
above the existing regulations, in order to satisfy public needs caused by the requested
change.
3. In consideration of the City's rezoning the subject property, Owner agree(s) that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
a. At the time of development, the storm water management system will be designed
and constructed in accordance with the design approved by the City Engineer, ,
including the required detention and outlet criteria.
b. At the time of development, the storm water management system will be designed
in a manner that will not exacerbate storm water drainage issues on adjacent
properties.
c. Development will be in general compliance with the submitted concept plan
regarding site layout, lot configuration, and building orientation.
d. Vehicular access to all of the units shall be from a rear lane that connects to
Walden Road.
e. No direct vehicular access shall be allowed from Mormon Trek Boulevard.
f. At the time of development, a minimum of six visitor parking spaces will be
provided along the rear lane near the units that front on Mormon Trek Boulevard
and each dwelling unit shall include a 2 -car garage located behind the unit with
access provided from the rear lane.
The Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5, as amended, and that said
conditions satisfy public needs that are caused by the requested zoning change.
8. The Owner and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this
Conditional Zoning Agreement.
9. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
20
and effect as a covenant with title to the land, unless or until released of record by the
City of I owe City.
The parties further acknowledge that this agreement shall inure to the benefit of and
bind all successors, representatives, and assigns of the parties.
10. The Owner acknowledge(s) that nothing In this Conditional Zoning Agreement shall be
construed to relieve the Owner or Applicant from complying with all other applicable
local, state, and federal regulations.
11. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
,$T AA4,ksr
Dated this al day of Jtq, 2012.
CITY OF IOWA CITY
�A
Matthew Hayek, Mayor
Attest:
Marla, . Karr, City Clerk
WALDEN WOOD LOT 79 LLC
By:Southgate Development Services, L.L.C.
B : J seph T. Braverman, Presiden
App ova; r—,�
CORPORATE SEAL
City Alto ey's Office
STATE OF IOWA
) SS:
JOHNSON COUNTY )
Sr
On this d i day of ✓ iA6u5T 2012, before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Matthew J.
Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did
say that they are the Mayor and City Clerk, respectively, of said municipal corporation
tr
executing the within and foregoing instrument; that the seal affixed thereto is the seal
of said municipal corporation; that said instrument was signed and sealed on behalf
of said municipal corporation by authority of City Council of said municipal
corporation; and that the said Matthew J. Hayek and Marian K. Karr acknowledged
the execution of said instrument to be the voluntary act and deed of said municipal
corporatio�yyyy__�� day v luntarily executed.
.�'�m SONDRAE FORT
r° Commission Number 159791 �^
My Commission Expires Sovid>\aa Frrr�
°W a `�oj Notary Public in and for the State of Iowa
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on the 9 day of July, 2012 by Joseph T.
Braverman, President of Southgate Development Se ices, L.L.C., Manager of Walden Wood Lot
79 LLC.
Notary Public in and forsaid County and State
4
2�1
ee
Doe ID: 022664360004 Type: GEN
Kind: ORDINANCE
Fee Amt $22/ 0 00 /2012 Page it of 1445:31 PM
Johnson County Iowa
Kim Painter County Recorder
eK4973 PG342 -345
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is
a true and correct copy of Ordinance No. 12-4490 which was passed by the City Council of Iowa City,
Iowa, at a regular meeting held on the 4 °i day of September, 2012, is a true and correct copy , all as
the same appears of record in my office.
Dated at Iowa City, Iowa, tlus 6`1' day of September, 2012.
Marian KLKarr
City Clerk
\ord
CORPORATE SEAL
410 EAST WASHINGTON STREET e IOWA CITY, IOWA 52240 -1826 e (319) 356 -5000 e FAX (319) 356 -5009
. �fl
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, lava City, IA 52240; 319 - 356 -5234 (REZ -12- 00010)
ORDINANCE NO. 12 -4490
ORDINANCE REZONING APPROXIMATELY 2.7 ACRES OF LAND LOCATED NORTH OF BENTON
STREET BETWEEN GEORGE AND STREB STREETS FROM MEDIUM- DENSITY SINGLE - FAMILY (RS-
8) ZONE TO OVERLAY PLANNED DEVELOPMENT MEDIUM - DENSITY MULTI - FAMILY (OPD- RM -20)
ZONE. (REZ12- 00010)
WHEREAS, the applicant, Christian Retirement Services, has requested a rezoning of property located
north of Benton Street between George and Streb Streets from Medium - Density Single - Family Residential
(RS -8) to Overlay Planned Development Medium - Density Multi- Family Residential (OPD- RM -20) and
approval of a preliminary OPD plan; and
WHEREAS, an amendment to the Comprehensive Plan changed the land -use designation map for the
subject properties from single - family /duplex residential to Medium - Density Multi - Family Residential; and
WHEREAS, the Comprehensive Plan supports provision of group living options for senior citizens, and
the Southwest District Plan encourages development of high - quality multi - family housing that is compatible
with surrounding developments to meet the housing needs of a variety of households, including elderly
residents; and
WHEREAS, the OPD zoning gives the City the opportunity to review the design with the intent of
assuring that the resulting development is compatible with the neighborhood and the overall goals of the
Comprehensive Plan; and
WHEREAS, the proposed development includes design features —such as a variety of building materials
with balconies to create an articulated fagade, inclusion of a courtyard within the main building to provide an
open space corridor, development of two duplexes on the east side of Streb Street that function as a
transition and step -down between the main building and the RS -8 zone to the west —to the make the
development compatible with the surrounding neighborhood; and
WHEREAS, the applicant is seeking waivers, as allowed by the OPD zoning, to allow the maximum
overall height of the building to be increased from 35 feet to 52 feet; and
WHEREAS, the height increase is justified, due to design features of the development, the need for
housing for senior residents, and the provision of two levels of interior parking; and
WHEREAS, the applicant is seeking waivers to allow a variation in tree coverage standards for the
courtyard area, since the courtyard functions more as open space than as a rooftop; and
WHEREAS, the applicant is seeking waivers to increase the width of two garage doors within the
development from a maximum of 18 feet to 20 feet, which is reasonable given that they would be located in
the interior of the development; and
WHEREAS, the applicant has agreed to dedicate additional right -of -way to bring the north side of Benton
Street up to current arterial street right -of -way standards as shown on the OPD plan; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and has
recommended approval of the rezoning and the preliminary OPD plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. The property described below is hereby reclassified from its current zoning
designation of Medium - Density Single - Family Residential (RS -8) to Overlay Planned Developed Medium -
Density Multi - Family Residential (OPD- RM -20):
LEGAL DESCRIPTION
LOT 11 AND LOT 12 OF GRANDVIEW MANOR (PLAT RECORDED IN PLAT BOOK 4, PAGE 430 AT THE
JOHNSON COUNTY RECORDER'S OFFICE), IOWA CITY, JOHNSON COUNTY, IOWA; AND LOT 1, LOT
2, LOT 3, LOT 4, AND LOT 5 OF A SUBDIVISION IN THE NORTHWEST QUARTER OF SECTION 16,
TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5r" P.M., (PLAT RECORDED IN PLAT BOOK 4, PAGE
315 AT THE JOHNSON COUNTY RECORDER'S OFFICE), IOWA CITY, JOHNSON COUNTY, IOWA;
AND LOT 24, LOT 25, LOT 26, LOT 27, LOT 28, LOT 29 AND LOT 30 OF STREB'S SECOND ADDITION
TO IOWA CITY, JOHNSON COUNTY, IOWA (PLAT RECORDED IN PLAT BOOK 4, PAGE 401 AT THE
JOHNSON COUNTY RECORDER'S OFFICE); AND LOT 1, LOT 2 AND LOT 3 OF A SUBDIVISION OF
LOT 31 OF STREB'S SECOND ADDITION TO IOWA CITY, JOHNSON COUNTY, IOWA (PLAT
Ordinance No. 12 -4490
Page 2
RECORDED IN PLAT BOOK 23 PAGE 42 AT THE JOHNSON COUNTY RECORDER'S OFFICE); AND
LOT 24, LOT 25, LOT 26, LOT 27 AND LOT 28 OF STREB'S SECOND ADDITION TO IOWA CITY,
JOHNSON COUNTY, IOWA (PLAT RECORDED IN PLAT BOOK 4, PAGE 401 AT THE JOHNSON
COUTNY RECORDER'S OFFICE).
SECTION It. VARIATIONS. To allow the development of 73 new dwelling units for the elderly, the OPD-
20 Plan for the subject properties varies from the RS -20 dimensional requirements. These variations include
allowing a height increase from a maximum of 35 feet to 52 feet, allowing the applicant to subtract the roof
area of the courtyard from the total roof area for the purposes of calculating the one tree for every 550 square
feet of building coverage required for a residential development, and to allow the width of two garage doors in
the interior of the development to be increased from the maximum of 18 feet to 20 feet. The Applicant must
obtain approval of the landscape plan from the Director of Planning and Community Development.
SECTION 111. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the
office of the County Recorder of Johnson County, Iowa, at the owners expense, all as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the 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 VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law. Passed and approved this 4th day of September, 2012.
1\,Alk A
MAYOR
ATTEST: & l7J P.�� i l af" l � 1t " "i €�
CI CLERK
Approved by
City Attorney's Office
Ordinance No. 12 -4490
Page 3
It was moved by Champion and seconded by Dickens that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x _ Champion
x Dickens
x Dobyns
x Hayek
x Millis
x Payne
x Th ogmorton
First Consideration 7/31/2012
Vote for passage: AYES: Mims, Payne,'Throgmorton, Champion, Dickens, Dobyns,
Hayek. NAYS: None. ABSENT: None.
Second Consideration 8/21/2012
Vote for passage: AYES: Mims, Payne, Champion, Dickens, Hayek. NAYS: Dobyns,
Throgmorton. ABSENT: None.
Date published 9/13/2912
u
fee-
Doc ID: 022681200007 Type: GEN
Kind: COVENANT
Recorded: 09/21/2012 at 11:06:28 AM
Fee Amt: $37.00 Page 1 of 7
Johnson County Iowa
Kim Painter County Recorder
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Marian K. Kan-, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached
hereto is a true and correct copy of Resolution No. 12-423 which was passed by the City Council
of Iowa City, Iowa, at a regular meeting held on the 18 °i day of September, 2012, all as the
same appears of record in my office.
Dated at Iowa City, Iowa, this 19th clay of September, 2012.
Mar Nn K. Karr
City Clerk
Ves
410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 • PAX (319) 356 -5009
Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-
5030
RESOLUTION NO. 12 -423
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A PARKING COVENANT FOR 114 SOUTH DUBUQUE STREET, IOWA
CITY, IOWA
WHEREAS, Central Park, L.L.C., ( "Owner') owns real estate located at 114 S. Dubuque Street,
Iowa City, Iowa, which it desires to redevelop; and
WHEREAS, the Board of Adjustment granted Central Park. L.L.C. a special exception to allow
certain parking requirements of the proposed development to be satisfied by acquiring fourteen
(14) parking permits for the Dubuque Street municipal parking facility, or in another municipal lot
as determined by the Director of Parking and Transportation Services; and
WHEREAS, a condition of this special exception is that the Owner place a parking covenant on
the property, which covenant cannot be released without the City's consent.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The Mayor is hereby authorized to execute and the City Clerk to attest the attached
Parking Covenant for 114 S. Dubuque Street, Iowa City, Iowa.
2. The City Clerk is hereby directed to certify a copy of this resolution and record it and the
attached Covenant in the office of the Johnson County Recorder at Owner's expense.
Passed and approved this 18th day of September , 20 12
MAYOR
ATTEST: {'/' /ll'/�✓ 2 9C. 2t;�O)
CITY LERK
L(JRPORAT SEAL
Ap roved by
n ,
City Attorney's Office 4?/
//7 // Z
Resolution No. 12 -423
Page 2
It was moved by Champion and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
g Hayek
g Mims
x_ Payne
g TInogmorton
�)`
Prepared By: Patrick J. Ford, 222 South Linn St., Iowa City, Iowa 52244 -2447; Phone: 319/338 -7551
PARKING COVENANT
WHEREAS, Central Park, L.L.C. ( "Owner ") owns real estate
locally known as 114 South Dubuque Street, Iowa City, Iowa, and
legally described as follows:
The south 40 feet of Lot 4 in Block 65, in
Iowa City, Iowa, according to the recorded
plat thereof; also commencing at a point 40
feet north of the southeast corner of said
Lot 4 in Block 65, in Iowa City, Iowa,
thence west 10 feet, thence north 4 feet,
thence east 10 feet, thence south 4 feet to
the place of beginning. (the "Property ")
and
WHEREAS, Owner desires to construct a mixed -use building on
the Property; and
WHEREAS, in order to construct that mixed -use building,
Owner is required to provide for parking pursuant to the
ordinances of the City of Iowa City; and
WHEREAS, insufficient physical space exists upon the
Property to provide that parking; and
WHEREAS, the ordinances of the City of Iowa City allow for
that parking to be provided off -site or in public facilities;
and
�0�
WHEREAS, Marc B. Moen, acting on behalf of Owner, submitted
to the City of Iowa City an Application for Special Exception
(EXC12- 00003); and
WHEREAS, at a
Adjustment of the
Exception allowing
structured parking
municipally -owned D
satisfy the minimum
use building; and
meeting on April 11, 2011, the Board of
City of Iowa City granted the Special
Owner to provide two on -site above - ground
spaces and twelve parking spaces in the
ubuque Street Parking Facility in order to
parking requirements for the proposed mixed-
WHEREAS, at its meeting on July 11, 2012, the Board of
Adjustment of the City of Iowa City approved an amendment to the
Special Exception to allow all fourteen required parking spaces
to be provided in said Dubuque Street Parking Facility in order
to satisfy the minimum parking requirements for the proposed
mixed -use building; and
WHEREAS, the terms of that Special Exception need to be
incorporated into a Covenant running with the Property;
NOW, THEREFORE, Owner imposes upon the Property the
following Covenant for so long as the Property is used in the
manner described in the Application for Special Exception and as
allowed by the Board of Adjustment:
1. Owner shall satisfy all fourteen of the parking spaces
required for development of the Property by acquiring
permits from the City of Iowa City in the Dubuque Street
Parking Facility, or such other public parking facility
as the City may from time to time deem appropriate.
2. Owner shall compensate the City for those spaces at the
then prevailing rental fee for those permits, upon the
same terms and conditions as those permits would be
offered to the general public. The terms and conditions
of the lease of those spaces shall be set by the Director
of Transportation Services of the City of Iowa City.
3. The off -site parking shall be made available by Owner
only to residents with a primary address at the proposed
mixed -use building to be constructed on the Property, and
at a cost no greater than the lease rate determined by
the Director of Transportation Services of the City of
Iowa City at the time of leasing.
2
4. Owner shall provide to the City's Director of
Transportation the name, address, and license plate
number of all such permit holders.
5. Permits pursuant to this Covenant will only be granted to
residents with a primary address at the proposed mixed -
use building to be constructed on the Property.
6. This Covenant shall run with the land and bind Owner and
Owner's successors in interest until modified by mutual
agreement of the then owner and the City of Iowa City.
7. Owner shall record this Covenant in the office of the
Recorder of Johnson County, Iowa, at Owner's expense.
Dated as of the 19A day of September, 2012.
Central Park, L.L.C. /
By: 4oN.r.� IV • �/ /low_.
Monica B. Moen, Member and Manager
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me this -It�l day
of September, 2012, by Monica B. Moen, Member and Manager of
Central Park, L.L.C.
CAROLINE K. JENS QA�1 i�y " ' :
x commisslonNumber745746 Notary Public i and for the
Myi jasnt —ores State of Iowa
,ou> 1
CITY OF IOWA CITY, IOWA
By:
Matthew J. Hayel, Mayor
By: X-111
- 2401e 2>J -
Mari K. Karr, City Clerk
CORPORATE SEAL 3
/A
STATE OF IOWA
SS:
COUNTY OF JOHNSON
1h
On this I$ day of September, 2012, before me, the
undersigned notary public in and for said county and state,
personally appeared Matthew J. Hayek and Marian K. Karr, to me
personally known, and who, being by me duly sworn, did say that
they are the Mayor and City Clerk, respectfully, of the City of
Iowa City, Iowa; that the seal affixed to this instrument is the
corporate seal of the City of Iowa City; and that said
instrument was signed and sealed on behalf of the City of Iowa
City, and that Matthew J. Hayek and Marian K. Karr acknowledged
the execution of said instrument to be their voluntary act and
deed and the voluntary act and deed of the city, by it and by
them voluntarily executed.
SONDRAE FORT
_ ®
Comm Comm Number E p1rea Sl d-� Ft-b
i'AF�i L" My Commission Expires
2 7 1ao 15 Notary Public in and for the
State of Iowa
pjf /Moen /Central Park /0912 Parking Covenant
4
�J`
STATE OF IOWA
JOHNSON COUNTY
5-- P I ek
DOC ID: 022701380037 Type: GEN
Kind: SUBDIVISION
Recorded: 10/10/2012 at 01:07:53 PM
Fee Amt: $187.00 Page 1 of 37
Johnson County Iowa
Kim Painter County Recorder
I •. • , . I •
) SS
FCC
6 5,? PL, `1\^ (r�•no.,.)
1 r t 1
sit
' ®F
1
f+YJi-
CITY OF IOWA CITY
410 East Washington Street
Iowa Clty. Iowa 52240 -1826
(319) 356 -5000
(319) 3565009 FAX
www.lcgov.org
I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached
hereto is a true and correct copy of Resolution No. 12-357, which was passed by the City Council of
Iowa City, Iowa, at a regular meeting held on the 31st day of July, 2012, all as the same appears of
record in my office. Also attached are the final legal documents for Windsor West — Part 1Avo,
Iowa City, Iowa as follows:
1. Subdivider's Agreement
2. Storm Sewer & Drainage Easement Agreement
3. Sanitary Sewer Easement Agreement
4. Underground Utility Easement
5. Owner's Certificate & Dedication
6. Consent of Mortgagee (MidWestOne Bank)
7. Consent of Mortgagee (Arlington, L.C.)
8. Opinion of Attorney
9. Certificate of Treasurer
10. Certificate of Auditor
11. Declaration of Restrictive Covenant
Dated at Iowa City, Iowa, this I day of t 12012.
Karr
Marian Kan•
City Clerk
\res subdivision
4i
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5240 (SUB12- 00009)
RESOLUTION NO. 12 -357
RESOLUTION APPROVING FINAL PLAT OF
WINDSOR WEST PART TWO, IOWA CITY, IOWA.
WHEREAS, the owner, Arlington L.C., filed with the City Clerk the final plat of Windsor West Part
Two, Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson
County, Iowa, to wit:
Commencing at the North Quarter Corner of Section 18, Township 79 North, Range 5
West, of the Fifth Principal Meridian; Thence S00 °26'13 "E, along the East Line of the
Northwest Quarter of said Section 18, a distance of 707.39 feet, to the Southeast
Corner of Highland Woods, in accordance with the Plat thereof Recorded in Plat
Book 46, at Page 160 of the Records of the Johnson County Recorder's Office, and
the POINT OF BEGINNING; Thence continuing S00 °26'13 "E, along said East Line, the
West Line of Windsor Ridge Part Eleven, in accordance with the Plat thereof
Recorded in Plat Book 41, at Page 54 of the Records of the Johnson County
Recorder's Office, and the West Line of Windsor Ridge Part Eleven A, in accordance
with the Plat thereof Recorded in Plat Book 43, at Page 209, of the Records of the
Johnson County Recorder's Office, a distance of 871.10 feet, to the Northeast Corner
of Windsor West - Part One, in accordance with the Plat thereof Recorded in Plat
Book 50 at Page 266 of the Records of the Johnson County Recorder's Office;
Thence S76 °22'53 "W, along the North Line of said Windsor West - Part One, a
distance of 331.14 feet; Thence N80 002'53 "W, along said North Line, 167.97 feet;
Thence N50 °33'14 "W, along said North Line, 70.96 feet; Thence N27 056'38 "W, 335.19
feet; Thence S89 °42'53 "W, 77.11 feet; Thence N40 °59'01 "E, 279.12 feet; Thence
N24 °49'19 "W, 187.49 feet; Thence Northeasterly, 59.19 feet, along a 550.00 foot
radius curve, concave Southeasterly, whose 59.16 foot chord bears N68 °15'39 "E;
Thence N18 °39'22 "W, 187.93 feet, to a Point on the South Line of said Highland
Woods; Thence S89 051'33 "E, along said South Line, 670.42 feet, to the Point of
Beginning. Said Tract of land contains 13.40 Acres, and is subject to easements and
restrictions of record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with the
free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(2011) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The said final plat and subdivision located on the above - described real estate be and the
'h2
Resolution No. 157
Page 2
same are hereby approved.
2. The City accepts the dedication of the streets and easements as provided by law and
specifically sets aside portions of the dedicated land, namely streets, as not being open for
public access at the time of recording for public safety reasons.
3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said
subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after
passage and approval by law. The City Clerk shall record the legal documents and the plat at
the office of the County Recorder of Johnson County, Iowa at the expense of the
owner /subdivider.
Passed and approved this 31st day of
ATTEST:
CITY CLERK
201?
4 .
MAYOR -1kL/
Approved by
ity A ney's Offi e
It was moved by Payne and seconded by trims the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
x Dobyns
X Champion
X Dickens
x Hayek
X Mims
X Payne
X Throgmorton
pMttemplateslSUB12- 00009WntlsorWeslFinal Plal- ftesolutian (2).doc.doc
3�
Prepared by: Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511
Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560
SUBDIVIDER'S AGREEMENT
WINDSOR WEST — PART TWO
THIS AGREEMENT made by and between Arlington Development, Inc.,
hereinafter referred to as "Subdivider', and the City of Iowa City, Iowa, a municipal
corporation, hereinafter referred to as the "City ".
WITNESSETH
IT IS, THEREFORE, HEREBY AGREED AS FOLLOWS:
Section 1. Public Improvements.
In consideration of the City approving the plat of Windsor West — Part Two,
Iowa City, Iowa, an addition to the City of Iowa City, Iowa, the Subdivider agrees, as
a covenant running with the land that, except as provided in this Agreement, the City
shall not issue any building permit on any lots in said subdivision unless and until
Subdivider installs and City accepts the following improvements:
(a) Concrete paving at least 28 feet in width on Buckingham Lane and
Sherwood Drive.
(b) Water mains, storm sewers, and sanitary sewers as required by the
City.
(c) Subdivision erosion control measures as required by the City under its
ordinances.
(d) A five (5) foot sidewalk along the Sherwood Drive frontage of Outlot
"B" when Sherwood Drive is paved.
The paving, storm sewers, water mains, sanitary sewers and sidewalk are
hereinafter referred to as "Improvements."
(01264397. DOC)(01264397. DOC)
-2-
Nothing in this Agreement shall be construed to impose a requirement on the
City to install the original public improvements at issue herein. Nor shall the
Subdivider be deemed acting on the City's agent during the original construction
and installation of said Improvements. The parties agree that the obligation to install
the Public Improvement(s) herein shall be in accordance with City specifications,
and the obligation shall remain on the Subdivider until completion by the Subdivider,
and until acceptance by the City, as provided by law.
Section 2. Construction of Improvements.
The Improvements described in Section 1 of this Agreement shall be
constructed and installed by the Subdivider according to plans and specifications
approved by the City Engineer of the City of Iowa City, who shall have the right to
make occasional inspection of the work in progress. Such inspections shall not
relieve or release the Subdivider from its responsibility to construct said
Improvements in accordance with the approved plans and specifications. Further,
said inspections shall not create a duty or warranty on the part of the City that the
construction of said Improvements are in compliance with said plans and
specifications.
Section 3. Sidewalks.
The Subdivider agrees to install sidewalks adjacent to Sherwood Drive and
Buckingham Lane. Said sidewalks shall be at least four (4) feet in width adjacent to
Buckingham Lane and at least five (5) feet in width adjacent to Sherwood Drive and
shall be constructed according to plans and specifications approved by the City
Engineer and as per Sections 15 -3 -3; 16 -1C -1, 2, 3; 16 -4 -1, of the Iowa City Code
of Ordinances. Except as provided below, sidewalks shall be installed adjacent to
each lot prior to the issuance of an occupancy permit for a building constructed on
any lot in the subdivision and shall remain a lien on said lots until installed and
released by the City and the release duly recorded in the Johnson County
Recorder's Office as required by Section 14 -7A -6 subparagraph 6(B), Iowa City
Code of Ordinances. The sidewalk along the Sherwood Drive frontage adjacent to
Outlot "B" shall be installed concurrently with the construction of Sherwood Drive.
Section 4. Building Permits and Escrow Monies.
If the Subdivider should desire a building permit for a building on any lot in
said subdivision before the Improvements have been installed, the Subdivider shall
deposit with the Department of Housing and Inspection Services, in escrow, an
amount equal to the estimated cost of constructing said Improvements plus ten
percent (10 %) thereof (hereinafter "Improvements Escrow"). The City Engineer
shall determine the amount of the escrow which shall be collected for each building
permit issued prior to the installation of the Improvements.
In addition to the Improvements Escrow, if Subdivision Erosion Control
measures have not been installed, with ground cover established by growth, the City
may require, as a condition to the issuance of the first building permit for
(01264397.DOC)(01264397.DOC)
3-
construction with the subdivision, that the Subdivider deposit in escrow with the City
the sum of $2,000.00 (the "Erosion Clean -up Escrow") to assure reimbursement for
the cost of cleaning public streets, storm sewers, gutters or catch basins, which may
be incurred by the City as a result of erosion from any lot in the Subdivision. The
Subdivider shall be responsible for the cost of any such clean -up; and to the extent
that the Subdivider fails to accomplish erosion clean -up after reasonable notice from
the City, the City is hereby authorized but not obligated to do the work and to charge
the cost thereof to the Erosion Clean -up Escrow, if adequate, and to charge any
excess costs to the Subdivider. If the Erosion Clean -up Escrow is insufficient to pay
the costs incurred by the City, the Subdivider shall promptly reimburse the City for
the excess costs incurred. The unused balance of the Erosion Clean -up Escrow
shall be returned to the Subdivider after erosion control measures have been
installed, and ground cover has been established by growth.
After the Erosion Clean -up and Improvements Escrows have been
established, the Building Inspector of the City is authorized to issue a building
permit, if the applicant is in compliance with all other applicable requirements and
ordinances of the City.
Section 5. Occupancy Permit
Prior to the issuance of an occupancy permit for any structure erected
pursuant to Section 4, the City in its discretion may require the Subdivider, its
assigns or successors in interest, to construct and install the Improvements as
stated in Section 1 and the sidewalks as stated in Section 3.
Section 6. Use of Escrow Monies.
If, after the issuance of an occupancy permit, the Improvements have not
been constructed and installed, the City may use funds deposited in the
Improvements Escrow to construct and install such Improvements. If the cost of the
construction and installation of said Improvements exceeds the amount of said
escrows, the City shall have a lien and charge against all the lots in the subdivision
for the balance of the cost.
After the construction and installation of the Improvements, the City shall
refund to the Subdivider any Improvements Escrow monies not used by the City for
the construction and installation of such Improvements.
Section 7. Waiver.
If the Subdivider, its assigns or successors in interest, sells or conveys lots in
the Subdivision without first constructing or installing the required Improvements or
sidewalks, the City shall have the right to install and construct said Improvements or
sidewalks. Subdivider acknowledges and agrees that all lots in the subdivision are
specifically benefited by the Improvements, so the cost of installing and constructing
Improvements shall be a lien and charge against all the lots in the subdivision under
Chapter 384 of the 2011 Code of Iowa, as amended. Further, the cost of such
(01264397. DOC){01264397, DOC)
-4-
costs need not meet the requirements of notice, benefit or value as provided by the
law of the State of Iowa for assessing such Improvements. The cost of installing the
sidewalks shall be a lien on each lot. It is further agreed that this requirement to
construct said Improvements and sidewalks is and shall remain a lien from date of
execution and recording of this agreement until properly released, as hereinafter
provided.
Section 8. Release.
The City agrees that when the Improvements have been installed as required
to the satisfaction of the City, the City will, upon request, promptly issue to the
Subdivider, for recording in the Office of the Johnson County Recorder, a good and
sufficient release for the lots in the subdivision so that this Agreement will not
constitute a cloud upon the title of the lots in the subdivision. The Iowa City Mayor
and City Clerk are hereby authorized to execute said release, and all other
necessary and appropriate releases, with the concurrence of the City Attorney and
City Engineer. A separate sidewalk lien release will be issued where appropriate as
set forth in Section 3. This section also authorizes the execution of one or more
limited release agreements, based on the escrows for improvements as
contemplated by Section 4 above and as may be acceptable to the City.
Section 9. Street Maintenance and Public Services.
The Subdivider agrees that public services, including but not limited to street
maintenance, snow removal, and solid waste collection, will not be extended to the
subdivision until Sherwood Drive and Buckingham Lane are installed and accepted
by the City.
Section 10. Conditional Zoning Agreement.
Subdivider acknowledges that it is bound by the terms and conditions
contained in the Conditional Zoning Agreement 05 -4185 recorded December 19,
2005 in Book 3974, Page 57, miscellaneous records of Johnson County Recorder.
Section 11. Neighborhood Open Space.
The City's Neighborhood Open Space Ordinance requires the dedication of
1.31 acres of property, or the payment of a fee in lieu thereof, in connection with
the land contained within the approved preliminary plat for all phases of the
Windsor West subdivision. It is agreed that said requirement shall be met upon
development of the balance of the property contained within the preliminary plat
for Windsor West upon final platting. This obligation shall bind the successors and
assigns of all of parties hereto, and shall apply to and run with the land and with the
title to the balance of the property contained within the preliminary plat for Windsor
West as more specifically set out in the Declaration of Restrictive Covenant
executed and recorded contemporaneously with this agreement.
Section 12. Miscellaneous.
(01264397. DOC)t01264397. DOG)
3
-5-
(a) All electrical, telephone and cable television service and distribution
lines shall be installed underground.
(b) In accordance with the Subdivider's obligation to contribute toward the
cost of American Legion Road improvement pursuant to the above - referenced
Conditional Zoning Agreement, prior to issuance of any building permits for any lots
in the subdivision, Subdivider shall pay to the City the sum of $14,112.61 ($1,053.18
per acre for 13.40 acres), or provide an Irrevocable Letter of Credit to the City as
referenced in the Conditional Zoning Agreement. Said payment shall satisfy the
Subdivider's obligation under the Conditional Zoning Agreement for this subdivision.
(c) Outlots B and C within the subdivision shall be private open space and
not for public use. A mailbox cluster will be located on Outlot C, which shall be
maintained by a homeowner's association.
(d) The Subdivider and /or its successors in interest, which may be a
homeowner's association, shall have the obligation to maintain Outlots B and C. If
the Subdivider or Subdivider's successors in interest fail to meet said maintenance
obligations in accordance with this agreement, the City shall have the right to
perform said maintenance. Subdivider acknowledges and agrees that all lots in
the Subdivision are specifically benefited by Outlots B and C, so that the cost of
said maintenance by the City shall be a lien and charge against all of the lots in
the Subdivision. The cost of said maintenance need not meet the requirements of
notice, benefit or value as provided by the law of the State of Iowa for assessing
such improvements.
(e) Prior to issuance of any building permit for any lot in the subdivision,
Subdivider shall pay to the City a sanitary sewer tap on fee in the amount of
$15,877.98 ($1,698.18 per acre for 9.35 acres). Said payment shall satisfy
sudivider's obligation toward the Scott Boulevard Trunk Sewer Project as described
by Ordinance Number 00 -3918 passed by the City of Iowa City on February 15,
2000.
(f) Prior to issuance of any building permit for any lot in the subdivision,
Subdivider shall pay to the City a water main extension fee in the amount of
$5,293.00 ($395 per acre for 13.40 acres).
(g) Lots 65 and 66 have restrictive minimum low opening (MLO)
elevations as noted on the final plat. The MLO elevation for those lots is 751.70.
(h) Plat notes and surveyor's notes on plats serve to provide notice of
how a subdivision is expected to develop. Said notes are not intended to create
any vested private interest in any stated use restriction or covenant, or create any
third party beneficiaries to any noted use restriction or covenant. The City
reserves the right, in its sole discretion, subject to any applicable public notice and
approval process required by law, to alter or amend any plat note, or to sell or
vacate any right -of -way, street, alley, park, easement, open area or other land set
apart and dedicated for public use within the plat. The City further reserves the
{01264397. D0001264397. DOC}
M
right, upon request of the owner or successor in interest, to vacate the plat and /or
relocate any easement, alter lot boundaries or allow said land to be replatted
subject to any applicable public notice and approval process required by law.
(i) Storm water detention requirements for this subdivision will be provided
with the storm water detention facilities located on Outlot A of Windsor
West — Part One, which shall be maintained by a private homeowner's
association.
Section 14. Binding Effect.
This agreement shall inure to the benefit and bind the successors and
assigns of the respective parties hereto and shall be construed as a covenant
running with the title to the lots within the subdivision.
Dated this Aon day of Qu� , 2012.
ARLINGTON DEVELOPMENT, INC.
By' .�
John W. Moreland, Jr.,
President and Secretary
By: � i/L�
Matthew J. Hayek, Mayor
ATTEST:
Marian K. Karr, City Clerk
STATE OF IOWA, COUNTY OF JOHNSON) ss:
This instrument was acknowledged before me on this 1�6 day of
, 2012 by John W. Moreland, Jr. as President and Secretary of
Arlington Development, Inc.
.e4F CoMW rnInC YNHbAE LJ
n n6w M
B
(01264397.DOC}(01264397.DOC)
J2
111110
Notary Public in and for said State
STATE OF IOWA, COUNTY OF JOHNSON) ss:
On this 90'0 day of GfDL r , 2012 before me, the undersigned,
a Notary Public in and for said County and State, personally appeared Matthew J.
Hayek and Marian K. Karr, to me personally known, who being by me duly sworn,
did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City,
Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the
corporate seal of the corporation, and the instrument was signed and sealed on
behalf of the corporation by authority of its City Council, and the said Mayor and City
Clerk did acknowledge the execution of the instrument to be their voluntary act and
deed and the voluntary act and deed of the corporation, by it voluntarily executed.
,Pal�ts I(ELLIE K. TUTTLE
o Commission Number 2211519
..= My Co nis on p
Notary Public in and for said State
(01264397.DOC}t01264397.DOC} n
Prepared by: Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511
Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560
STORM SEWER AND DRAINAGE EASEMENT AGREEMENT
WINDSOR WEST — PART TWO
THIS AGREEMENT, made and entered into by and between Arlington
Development, Inc. (Subdivider), which expression shall include its successors in
interest and assigns, and the City of Iowa City, Iowa (the City), which expression
shall include its successors in interest and assigns.
It is hereby agreed as follows:
For the sum of $1.00 plus other valuable consideration, the receipt of which
is hereby acknowledged, Subdivider hereby grants and conveys to the City an
easement for the purposes of excavating for and the installation, replacement,
maintenance and use of such storm water lines, pipes, mains, conduits, and
overland drainageways as the City shall from time to time elect for conveying
storm water, with all necessary appliances and fittings, for the use in connection
with said lines, together with adequate protection therefor, and also a right of way,
with the right of ingress and egress thereto, over and across the area designated
as "Storm Sewer Easement", "Storm Sewer and Drainage Easement" and
"Drainage Easement" as shown on the Final Plat of Windsor West — Part Two,
attached hereto and incorporated herein by reference, hereafter described as
"easement area."
Subdivider further grants to the City:
1. The right of grading said easement areas for the full width thereof,
and to extend the cuts and fills for such grading into and onto said lands along and
outside of the said easement area to such extent as the City may find reasonably
necessary.
2. The right from time to time to trim, cut down and clear away any and
all trees and brush on said easement area and also to trim, cut down and clear
away any trees on either side of said easement area which now or hereafter in the
(01253039.DOC) �2
-2-
opinion of the City may be a hazard to said easement area, or which may interfere
with the exercise of the City's rights hereunder in any manner.
The City shall promptly backfill any trench made by it, and repair any
damages caused by the City within the easement area. The City shall indemnify
Subdivider against unreasonable loss or damage which may occur in the negligent
exercise of the easement rights by the City. Except as expressly provided herein,
the City shall have no responsibility for maintaining the easement area.
Subdivider reserves the right to use said easement area for purposes which
will not interfere with the City's full enjoyment of the rights hereby granted; provided
that the Subdivider shall not erect or construct any building, fence, retaining wall,
or other structure, plant any trees, drill or operate any well, or construct any
reservoir or other obstruction on said areas, or diminish or substantially add to the
ground cover over said easement area. Fences and /or trees placed in the
easement area, with or without City approval, may be removed by the City without
compensation or replacement.
Subdivider does hereby covenant with the City that it is lawfully seized and
possessed of the real estate above described, and that it has a good and lawful
right to convey it, or any part thereof.
Nothing in this Agreement shall be construed to impose a requirement on
the City to install the original public improvements at issue herein. Nor shall
Subdivider be deemed acting as the City's agent during the original construction
and installation of said improvement. Parties agree that the obligation to install the
public improvement(s) herein shall be in accordance with City specifications, and
the obligation shall remain on Subdivider until completion by Subdivider, and until
acceptance by the City, as by law provided.
The provisions hereof shall inure to the benefit of and bind the successors
and assigns of the respective Parties hereto, and all covenants shall apply to and
run with the land and with the title to the land.
Dated this o?6�` day of 2012.
ARLINGTON DEVELOPMENT, INC.
By (,) - th du, Qt
John W. Moreland, Jr.,
sident and Secretary
{0I253039.DOC }2 f7 �L
9
-3-
CITY OF IOWA CITY, IOWA
By: A-0 �
Matthew J. Hayek, Mayor
ATTEST:
By: i-1
Marian K. Karr, City Clerk
STATE OF IOWA, COUNTY OF JOHNSON) ss:
This instrument was acknowledged before me on this R (o"�5- day of
T , 2012 by John W. Moreland, Jr. as President and Secretary,
of Arlington Development, Inc.
MICHAEL J.
AGWINI PUGW
C ►�nnne(1175zaz -"
My Cwwftslon
'ow autyzb,zo�sspi`es Notary Public iVandM said State
STATE OF IOWA, COUNTY OF JOHNSON ) ss:
On this C/61-k day of CdAkf l— 2012 before me, the
undersigned, a Notary Public in and for said County and State, personally
appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who
being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal
affixed to the foregoing instrument is the corporate seal of the corporation, and
the instrument was signed and sealed on behalf of the corporation by authority of
its City Council, and the said Mayor and City Clerk did acknowledge the
execution of the instrument to be their voluntary act and deed and the voluntary
act and deed of the corporation, by it voluntarily executed.
Y~� Camn�issionumboEr a 1,; nr iss! n
1
Notary Public in and for said State
{01253039.DOC }3 v
Prepared by: Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511
Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560
SANITARY SEWER EASEMENT AGREEMENT
WINDSOR WEST — PART TWO
THIS AGREEMENT, made and entered into by and between Arlington
Development, Inc. (Subdivider), which expression shall include its successors in
interest and assigns, and the City of Iowa City, Iowa (the City), which expression
shall include its successors in interest and assigns.
It is hereby agreed as follows:
For the sum of $1.00 plus other valuable consideration, the receipt of
which is hereby acknowledged, Subdivider hereby grants and conveys to the City
an easement for the purposes of excavating for and the installation,
replacement, maintenance and use of such sewage lines, pipes, mains, and
conduits as the City shall from time to time elect for conveying sewage, with all
necessary appliances and fittings, for the use in connection with said lines,
together with adequate protection therefor, and also a right of way, with the right
of ingress and egress thereto, over and across the area designated as "Sanitary
Sewer Easement' as shown on the Final Plat of Windsor West — Part Two,
hereafter described as "easement area."
Subdivider further grants to the City:
1. The right of grading said easement areas for the full width thereof,
and to extend the cuts and fills for such grading into and onto said lands along
and outside of the said easement areas to such extent as the City may find
reasonably necessary.
2. The right from time to time to trim, cut down and clear away any
and all trees and brush on said easement areas and also to trim, cut down and
{01252697.DOC) iv
7
-2-
clear away any trees on either side of said easement areas which now or
hereafter in the opinion of the City may be a hazard to said easement areas, or
which may interfere with the exercise of the City's rights hereunder in any
manner.
3. The right to enter onto land beyond the easement area to conduct
emergency repairs that may extend beyond the easement area, without
obtaining a separate temporary easement. City's right to do such work shall be
effective only upon City's prior notice to owners and with minimal disruption of
the area.
The City shall promptly backfill any trench made by it, and repair any
damages caused by the City within the easement areas. The City shall
indemnify Subdivider against unreasonable loss or damage which may occur in
the negligent exercise of the easement rights by the City. Except as expressly
provided herein, the City shall have no responsibility for maintaining the
easement areas.
Subdivider reserves the right to use said easement areas for purposes
which will not interfere with the City's full enjoyment of the rights hereby granted;
provided that the Subdivider shall not erect or construct any building, fence,
retaining wall, or other structure, plant any trees, drill or operate any well, or
construct any reservoir or other obstruction on said areas, or diminish or
substantially add to the ground cover over said easement areas. Fences and /or
trees placed in the easement area, with or without City approval, may be
removed by the City without compensation or replacement.
Subdivider does hereby covenant with the City that it is lawfully seized
and possessed of the real estate above described, and Subdivider has a good
and lawful right to convey it, or any part thereof.
Nothing in this Agreement shall be construed to impose a requirement on
the City to install the original public improvement at issue herein. Nor shall
Subdivider be deemed acting as the City's agent during the original construction
and installation of said improvement. Parties agree that the obligation to install
the public improvement(s) herein shall be in accordance with City specifications,
and the obligation shall remain on Subdivider until completion by Subdivider, and
until acceptance by the City, as by law provided.
The provisions hereof shall inure to the benefit of and bind the successors
and assigns of the respective Parties hereto, and all covenants shall apply to and
run with the land and with the title to the land.
(01252697.DOC)
-3-
Dated this J� % day of u 2012.
ARLINGTON DEVELOPMENT, INC.
J W. Moreland, Jr.,
Pr ident and Secretary
CITY OF IOWA CITY, IOWA
By:
Matthew J. Hayek, Mayor
ATTEST:
By:
man K. Karr, City Clerk
STATE OF IOWA, COUNTY OF JOHNSON) ss:
®,T 's instrument was acknowledged before me on this oi06 day of
, 2012 by John W. Moreland, Jr. as President and Secretary,
of Arlingtolh Development, Inc.
W AAICHAEN J. P6175 � n
ConICW LJ.Pr17H My 5 Notary Public iK and f r said State
STATE OF IOWA, COUNTY OF JOHNSON) ss:
On this /`k/L-day of k 2012 before me, the undersigned, a
Notary Public in and for said County and State, personally appeared Matthew J.
Hayek and Marian K. Karr, to me personally known, who being by me duly sworn,
did say that they are the Mayor and City Clerk, respectively, of the City of Iowa
City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument
is the corporate seal of the corporation, and the instrument was signed and sealed
on behalf of the corporation by authority of its City Council, and the said Mayor and
City Clerk did acknowledge the execution of the instrument to be their voluntary act
{01252697.DOC} n
3
m
and deed and the voluntary act and deed of the corporation, by it voluntarily
executed.
s
I ELLIE IZ 7 UT�TLE
s
o1,.(sy,
Commission Number 21 81
My Co
�
Tres
Notary Public in and for said State
{01252697.DOC}
�2
Prepared by: Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511
Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560
UNDERGROUND UTILITY EASEMENT
WINDSOR WEST — PART TWO
In consideration of the approval of the Final Plat of Windsor West — Part Two,
Iowa City, Iowa, the undersigned owner hereby grants to MidAmerican Energy Co.,
Centurylink, Inc. and Mediacom, and their successors, (hereinafter collectively
"Grantees ") a perpetual easement upon, over, under, along and across the areas
designated on the Final Plat of Windsor West — Part Two, Iowa City, Iowa, as "Utility
Easement" as located within the Subdivision.
The Grantees of this easement shall have the right to install, lay, construct,
reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines
below the surface of the ground, and other equipment or appurtenances above the
surface of the ground as may be necessary for the purpose of serving the Subdivision
and other property with electricity, gas, and communication service; the right to trim,
cut down and remove such trees, brush, saplings and bushes as may interfere with the
proper construction, maintenance, operation or removal of said facilities, equipment
and appurtenances; and the right of ingress and egress for all of the purposes
aforesaid. Grantees shall promptly backfill any trench made by them, and repair any
damages caused by them within the easement areas.
Grantor, its successors in interest and assigns, reserves the right to use said
easement areas for purposes which will not interfere with the Grantee's full enjoyment
of rights hereby granted; provided that Grantor shall not erect or construct any
reservoir, retaining wall or other obstruction on said areas, or diminish or substantially
add to the ground cover over said easement areas.
No permanent dwellings or trees shall be placed on the areas so designated for
(01253037.DOC}
3�
-2-
utility easement but, with advance written authorization from the Grantee's
representatives, the same may be used for gardens, shrubs, minor landscaping and
other purposes that do not then or later interfere with the aforesaid uses or the rights
herein granted. Grantees' rights, however, include the right to remove and /or clear
away any such gardens, shrubs, minor landscaping, bushes and plantings within the
easement area without compensation to Grantor or its success in interest.
Dated this 3%J day of 2012.
ARLINGTON DEVELOPMENT, INC.
By
Jpbn W. Moreland, Jr., 4
Pt,6sident and Secretary
STATE OF IOWA, COUNTY OF JOHNSON ) ss:
�T is instrument was acknowledged before me on this ad^—`' day of
2012 by John W. Moreland, Jr. as President and Secretary of
Arlington Development, Inc.
.r . MICHAELJ.PUGH
�` °� Canmbabn 173
MY26, 2018
{01253037.000}
&�WMZ::--
Notary Public 16 an or said State
1�
Prepared by: Michael J. Pugh One South Gilbert Street Phone (319) 466.1511
Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560
OWNER'S CERTIFICATE AND DEDICATION
WINDSOR WEST — PART TWO
KNOW ALL MEN BY THESE PRESENTS:
Arlington Development, Inc. does hereby certify and state that it is the
owner and proprietor of the following described real estate situation in Johnson
County, Iowa, to -wit:
See Exhibit "A"
Arlington Development, Inc., does further state that the subdivision of said
real estate as it appears on the Final Plat of Windsor West — Part Two to which
this certification and dedication is attached, is with its free consent and in
accordance with the desire of said proprietor.
The streets and easements in the subdivision, hereinafter known and
designated as Windsor West — Part Two, Iowa City, Iowa, are hereby dedicated
to the public, as provided by Chapter 354 of the 2011 Code of Iowa, as
amended.
IN WITNESS VVVHEREOF, the proprietors have caused these presents to
be signed on this day of 2012.
ARLINGTON DEVELOPMENT, INC.
By: H w. f��
Jo 'I W. Moreland, Jr.,
Pre ident and Secretary
(0I264022.DOC) n '
li
2
CITY OF IOWA CITY, IOWA
By:
Matthew J. Hayek, Mayor
By: )4Li� ) -k . �CC?r�l✓
Mariam -IF. Karr, City Clerk
STATE OF IOWA, COUNTY OF JOHNSON) ss:
This instrument was acknowledged before me on this day of
1615!: , 2012 by John W. Moreland, Jr., as President and Secretary
of Arlingtori Development, Inc.
MICHAEL J.PUGH G/� �.
OU
�' ` comma"" rarer 1>W
aY s Notary Public in a6d for (aid State
STATE OF IOWA, COUNTY OF JOHNSON) ss:
On this Wt day of &hkt-, 2012 before me, the undersigned, a
Notary Public in and for said County and State, personally appeared Matthew J.
Hayek and Marian K. Karr, to me personally known, who being by me duly sworn,
did say that they are the Mayor and City Clerk, respectively, of the City of Iowa
City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument
is the corporate seal of the corporation, and the instrument was signed and sealed
on behalf of the corporation by authority of its City Council, and the said Mayor and
City Clerk did acknowledge the execution of the instrument to be their voluntary act
and deed and the voluntary act and deed of the corporation, by it voluntarily
executed.
N0�11� ui I<ELLIE K. TUTTLE � commission Number221819 ///� -- ---
; . Mycom issw EX'res Notary Public in and for said State
,:.�
(01264022.DOC)
�j
-1 'i1T3iiM
LEGAL DESCRIPTION
WINDSOR WEST - PART TWO
A portion of the Northeast Quarter of the Northwest Quarter and the Southeast
Quarter of the Northwest Quarter all in Section 18, Township 79 North, Range 5
West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the
boundaries of which are as follows:
Auditor's Parcel 2012 -038, Iowa City, Johnson County, Iowa, in accordance with
the Plat thereof recorded in Plat Book 56, at Page 331, in the records of the
Johnson County Recorder's Office, containing 13.40 acres, and subject to
easements and restrictions of record.
(01264022.DOC)
�v
CONSENT OF MORTGAGEE
TO SUBDIVISION
WINDSOR WEST — PART TWO
The undersigned, MidWestOne Bank, f /k /a Iowa State Bank & Trust Company is
the Mortgagee of a Mortgage from the following:
A. Arlington, L.C., dated the 6th day of January, 2006, and recorded the 13th
day of January, 2006, in Book 3982, at Page 968 of the Mortgage Records of the
Recorder of Johnson County, Iowa.
Said Mortgage constitutes a lien on that property to be designated as Windsor
West — Part Two legally described on the attached Exhibit "A ".
That the undersigned Mortgagee, pursuant to the provisions of Chapter 354,
Code of Iowa, does hereby consent to the platting of this subdivision by Arlington
Development, Inc., and does hereby release from said mortgage all streets, easements,
outlots or other areas to be conveyed or dedicated to the City of Iowa City, Iowa.
Dated this day of « /
_'2012
M I DW ESTON E BANK f /k/a
a�t1111111011,0 IOWA STATE SANK &TRUST
�� Aest2o® !s ®s ®® COMPA
M F
CORPORATE 1. I
•; `<e t Jelh e,j tecutive Vice - President
NA
STATE OF IOWA, COUNTY OF JOHNSON) ss:
This instrument was acknowledged before me on this 24i�day of jj ',
2012 by Kent Jehle and Jerry Vanni, as Executive Vice - President and Vice - Presiddnt,
respectively, of MidWestOne Bank, f /k/a Iowa State Bank & Trust Company.
(01251093.DOC)
b� JUDY Y. BALBINOT
qtj ; - 0MFIISSION NU BER 7J81
le, 1AY COMM. EXP.
V
Notary' Pu lic ( an for said State
EXHIBIT "A"
LEGAL DESCRIPTION
WINDSOR WEST - PART TWO
A portion of the Northeast Quarter of the Northwest Quarter and the Southeast Quarter
of the Northwest Quarter all in Section 18, Township 79 North, Range 5 West, of the
Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are
as follows:
Auditor's Parcel 2012 -038, Iowa City, Johnson County, Iowa, in accordance with the
Plat thereof recorded in Plat Book 56, at Page 331, in the records of the Johnson
County Recorder's Office, containing 13.40 acres, and subject to easements and
restrictions of record.
(01251093.DOC)
�k
CONSENT OF MORTGAGEE
TO SUBDIVISION
WINDSOR WEST — PART TWO
The undersigned, Arlington, L.C. is the Mortgagee of a Mortgage from the
following:
A. Arlington Development, Inc. dated the 241h day of July, 2012, and recorded
the 241h day of July, 2012, in Book 4950 at Page 149 of the Mortgage Records of the
Recorder of Johnson County, Iowa.
Said Mortgage constitutes a lien on that property to be designated as Windsor
West — Part Two legally described on the attached Exhibit "A ".
That the undersigned Mortgagee, pursuant to the provisions of Chapter 354,
Code of Iowa, does hereby consent to the platting of this subdivision by Arlington
Development, Inc., and does hereby release from said mortgage all streets, easements,
outlots or other areas to be conveyed or dedicated to the City of Iowa City, Iowa.
Dated this (9614'4 day of July, 2012.
ARLINGTON, L.�C�. f
By. , Vv
Jo n W. Moreland, Jr., Manager
STATE OF IOWA, COUNTY OF JOHNSON) ss:
This instrument was acknowledged before me on this 96 day of July 2012 by
John W. Moreland, Jr. as Manager of Arlington, L.C.
MICHAEL J. PUGH
CommWWM Number 175282
Mr s
{01263996.DOC}
Notary Public in a d fors id State
/v
Ail I`iVa{fl
LEGAL DESCRIPTION
WINDSOR WEST - PART TWO
A portion of the Northeast Quarter of the Northwest Quarter and the Southeast Quarter
of the Northwest Quarter all in Section 18, Township 79 North, Range 5 West, of the
Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are
as follows:
Auditor's Parcel 2012 -038, Iowa City, Johnson County, Iowa, in accordance with the
Plat thereof recorded in Plat Book 56, at Page 331, in the records of the Johnson
County Recorder's Office, containing 13.40 acres, and subject to easements and
restrictions of record.
{01263996.DOC}
Prepared by: Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511
Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560
OPINION OF ATTORNEY
WINDSOR WEST — PART TWO
I, Michael J. Pugh, a regular practicing attorney in Iowa City, Johnson
County, Iowa, do hereby certify that I have examined an Abstract of Title to the
following described real estate, to -wit:
See Exhibit "A"
It is hereby certified that fee simple title to said property, to become known
as Windsor West — Part Two, is in Arlington Development, Inc., free and clear of
all liens and encumbrances except for the following mortgage liens:
A. a mortgage in favor of Iowa State Bank & Trust Company n /k/a
MidWestOne Bank, which mortgage is dated January 6, 2006, and was recorded
January 13, 2006, in Book 3982, Page 968 of the Records of the Recorder of
Johnson County, Iowa.
B. a mortgage in favor of Arlington, L.C., which mortgage is dated July
24, 2012, and was recorded July 24, 2012, in Book 4950, Page 149 of the
Records of the Recorder of Johnson County, Iowa.
Dated at Iowa City, Iowa, this � 69 //Z day of July, 2012.
//4;rA/2X-
Michael J. Pugh
Bradley & Riley PC
Tower Place
One South Gilbert Street
Iowa City, IA 52240
(01264010.000) /1,�/
EXHIBIT "A"
LEGAL DESCRIPTION
WINDSOR WEST - PART TWO
A portion of the Northeast Quarter of the Northwest Quarter and the Southeast
Quarter of the Northwest Quarter all in Section 18, Township 79 North, Range 5
West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the
boundaries of which are as follows:
Auditor's Parcel 2012 -038, Iowa City, Johnson County, Iowa, in accordance with
the Plat thereof recorded in Plat Book 56, at Page 331, in the records of the
Johnson County Recorder's Office, containing 13.40 acres, and subject to
easements and restrictions of record.
(01264018.DOC) v
CERTIFICATE OF COUNTY TREASURER
WINDSOR WEST — PART TWO
I, the undersigned, Treasurer of Johnson County, Iowa or deputy thereof, hereby
certify that the following described property, also known as Windsor West — Part Two, is
free from taxes or special assessments in the office of the Treasurer of Johnson
County, Iowa:
See Exhibit "A ".
Dated at Iowa City, Iowa this dlil-l' day of Olin V , 2012.
Thomas L. Kriz, Treasurer o
Johnson County, Iowa
Parcel Nos. 0918276003
{01250944.DOC}
EXHIBIT "A"
LEGAL DESCRIPTION
WINDSOR WEST - PART TWO
A portion of the Northeast Quarter of the Northwest Quarter and the Southeast Quarter
of the Northwest Quarter all in Section 18, Township 79 North, Range 5 West, of the
Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are
as follows:
Auditor's Parcel 2012 -038, Iowa City, Johnson County, Iowa, in accordance with the
Plat thereof recorded in Plat Book 56, at Page 331, in the records of the Johnson
County Recorder's Office, containing 13.40 acres, and subject to easements and
restrictions of record.
(01250944.DoC)
i1i2
CERTIFICATE OF COUNTY AUDITOR
WINDSOR WEST - PART TWO
IOWA CITY, IOWA
I, Tom Slockett, the Johnson County Auditor, hereby approve of Windsor West -
Part Two as a succinct and unique name for the subdivision containing the following
described real estate located in Johnson County, Iowa:
See Exhibit "A ".
-1� ` -_._ �G
Tom S o &e t, Jo nso ou6tf Aud Vyt t - Date
{01253116.DOC} /J?'�
EXHIBIT "A"
LEGAL DESCRIPTION
WINDSOR WEST - PART TWO
A portion of the Northeast Quarter of the Northwest Quarter and the Southeast Quarter of the
Northwest Quarter all in Section 18, Township 79 North, Range 5 West, of the Fifth Principal
Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are as follows:
Auditor's Parcel 2012 -038, Iowa City, Johnson County, Iowa, in accordance with the Plat thereof
recorded in Plat Book 56, at Page 331, in the records of the Johnson County Recorder's Office,
containing 13.40 acres, and subject to easements and restrictions of record.
t01253116.DOC) ry
F�
Prepared by and after recording return to: Michael J. Pugh Bradley & Riley P.C. 1 South Gilbert Street
Iowa City IA 52240 (319)358 -5562
DECLARATION OF RESTRICTIVE COVENANT
WINDSOR WEST - IOWA CITY, IOWA
This declaration is made by ARLINGTON L.C., (hereinafter "Owner ") to the City of
Iowa City, an Iowa municipal corporation (hereinafter "City ").
WHEREAS, in consideration of the City's approval of the final plat of Windsor West
— Parts One and Two, Iowa City (hereinafter "Subdivisions "); and
WHEREAS, in connection with said Subdivisions, pursuant to City's Neighborhood
Open Space Ordinance, Owner is required to dedicate 1.018 acres of property to
the City, or pay fees in lieu of said dedication; and
WHEREAS, in addition to the Subdivision, Owner also owns the balance of the
property contained within the balance of the preliminary plat of Windsor West and
property adjacent to the northerly boundary of Windsor West, described on the
attached Exhibit "A" and incorporated herein (hereinafter "Adjacent Property ")
which Owner expects to be final platted and developed in the near future; and
WHEREAS, Owner has agreed that it shall meet its Neighborhood Open Space
ordinance requirement for the entirety of the Windsor West Subdivisions Parts One
through Three, by the dedication of land or payment of a fee in lieu thereof, at the
time Owner's Adjacent Property is final platted, which requirement shall be in
addition to the Neighborhood Open Space ordinance requirement relating to the
subdivision of the Adjacent Property. It is anticipated that Owner shall dedicate
land in the northeast section of Owner's Adjacent Property to create an access
corridor between Windsor West and Scott Park.
THEREFORE, in consideration of their mutual promises and covenants, City and
Owner agree as follows:
(01264398.DOC) v
Owner hereby impresses upon the above - described Adjacent Property, the
condition and restriction that the Neighborhood Open Space requirement for the
Subdivisions, as described herein, shall be satisfied in full upon the future final
platting, development and /or use of said Adjacent property.
The provisions hereof shall inure to the benefit of and bind the successors and
assigns of the respective parties hereto, shall be deemed a covenant which runs
with the Adjacent Property and with the title thereto, shall be binding on the land,
all the parties and all Persons claiming under them for an initial period of twenty -
one (21) years, and can be extended for additional twenty -one (21) year periods
by the filing of claim by the City pursuant to sections 614.24 and 614.25, Code of
Iowa (2011).
This declaration shall create no third -party beneficiaries. Nothing express or
implied in this declaration is intended to confer, nor shall anything herein confer,
upon any party other than Owner, City and their respective successors or assigns,
any rights, remedies, obligations or liabilities whatsoever.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
{01264396.DOC}
[SIGNATURE PAGE OF DECLARATION OF RESTRICTIVE COVENTANT]
Dated this 6 6- day of
ATTEST:
f 2012.
ARLINGTON, L.C.
By 4 1- _ (� W.
hV16U
ohn W. Moreland, Jr., Manage
CITY OF IOWA CITY, IOWA
By: /%
Matthew Hayek, Mayor
By: —eg'(2z
M ian K. Karr, City Clerk
STATE OF IOWA )
) ss:
COUNTY OF JOHNSON )
This instrument was acknowledged before me on this A6'&( day of
T 2012 by John W. Moreland, Jr. as Manager of Arlington, L.C.
,r �. MICHAEL J. PUGH
Notary Public in Ad f r aid State
{01264398.DOC} /� v
STATE OF IOWA, COUNTY OF JOHNSON) ss:
On this j , . `day of 2012 before me, the
undersigned, a Notary Public in and for said County and State, personally appeared
Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me
duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City
of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing
instrument is the corporate seal of the corporation, and the instrument was signed
and sealed on behalf of the corporation by authority of its City Council, and the said
Mayor and City Clerk did acknowledge the execution of the instrument to be their
voluntary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
&AII KELLIE K. TUTZLE CommissionNumbe99
Afiy Co m ssio
zVeW,, ,'--
Notary Public in and for said State
(01264398.D0C} ��/
EXHIBIT "A"
Beginning at the southeast corner of the northwest fractional quarter of
Section 18, Township 79 North, Range 5 West of the 5th P.M., thence
west 1121 feet, thence north 1890 feet, thence east 1121 feet, thence
south 1890 feet to the place of beginning. Also beginning at the southeast
corner of the northwest fractional quarter of Section 18, Township 79
North, Range 5 West of the 5th P.M., thence south 345 feet to the center
of the public highway formerly known as U.S. Highway No. 6, and now
known as American Legion Road, thence northwesterly along the center
line of said public highway to a point where said center line intersects the
south line of the northwest fractional quarter of said Section 18, thence
east along the south line of said northwest fractional quarter of Section 18,
836 feet to the place of beginning.
Excluding therefrom:
Windsor West - Part One, Iowa City, Iowa, according to the final plat
thereof recorded in Plat Book 50, Page 266, of the records of Johnson
County, Iowa.
Also excluding therefrom:
A portion of the Northeast Quarter of the Northwest Quarter and the
Southeast Quarter of the Northwest Quarter all in Section 18, Township 79
North, Range 5 West, of the Fifth Principal Meridian, Iowa City, Johnson
County, Iowa, the boundaries of which are as follows:
Auditor's Parcel 2012 -038, Iowa City, Johnson County, Iowa, in
accordance with the Plat thereof recorded in Plat Book 56, at Page 331, in
the records of the Johnson County Recorder's Office, containing 13.40
acres, and subject to easements and restrictions of record.
Said property to be final platted as Windsor West — Part Two.
{01264398.DOC} /J
SPECIAL EXCEPTION ITEMS:
1. EXC12- 00010: a public hearing regarding an application submitted by Michelle Wiegand for a
special exception to allow conversion of a non - conforming use located in a structure designed for a
use that is prohibited in the zone; and a Historic Preservation Exception to modify the site
development standards (a reduction in required parking) for property located in the High Density
Multi- Family (RM -44) zone at 518 Bowery Street.
The Board concludes that the proposed use will be located in a structure that was designed for a
use that is currently not allowed in the zone based on the following findings:
• The subject building was originally constructed as a grocery store and continued to serve
commercial uses until the early 1980s. At some point after 1983 the structure was illegally
modified to serve as a single - family residential use, which is prohibited in the RM -44 zone.
• The first floor interior of the building is still arranged with the open floor plan —it is one large
room with a half bathroom at the back. The large, front windows are the only windows on the
first floor other than a small window on the west side of the building. The building is set at the
front property line, as is typical of older commercial buildings, and just inches off the east
property line (public alley).
• The structure was illegally modified (without a building permit) to create a bedroom and
bathroom on the second floor. The second floor does not meet minimum ceiling height
requirements for habitable space and does not have egress windows as required by code. Re-
adapting the second floor to serve as habitable space would require considerable expense and
may diminish the historic character of the structure.
• Given the size of the property and structure, it is not possible for the property to be re- adapted
for a multi - family use, though it could be adapted for a small single - family use.
The Board concludes that the proposed use is of the same or lesser intensity and impact than the
existing use based on the following findings:
• The property is not designed for a use that is currently allowed in the RM -44 zone.
• Due to the extremely limited size of the property and structure, the property is not adaptable as
a multi- family residential use.
• The building does not have a clear history of use after 1983. While the building is designed for a
commercial use, the most recent retail use was abandoned more than 25 years ago. At the same
Doc Kind! 022718090006 Type: GEN
Recorded. lO %24/2012 at 12:39:21 PM
Fee Amt: $32.00 Pape 1 of 6
Johnson county Iowa
Prepared by Sarah Wak, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356 -5230
Kim Pal nter County Recorder
4997 304 -309
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, OCTOBER 10, 2012
ry
EMMAJ. HARVAT HALL
MEMBERS PRESENT: Will Jennings, Brock Grenis, Larry Baker
C'.) j
MEMBERS ABSENT: Caroline Sheerin, T. Gene Chrischilles
STAFF PRESENT: Sarah Holecek, Sarah Walz,
CZ)
r_r
OTHERS PRESENT: Michelle Wiegan, Terri Larson, Mary Bennett, Thomas Fast
SPECIAL EXCEPTION ITEMS:
1. EXC12- 00010: a public hearing regarding an application submitted by Michelle Wiegand for a
special exception to allow conversion of a non - conforming use located in a structure designed for a
use that is prohibited in the zone; and a Historic Preservation Exception to modify the site
development standards (a reduction in required parking) for property located in the High Density
Multi- Family (RM -44) zone at 518 Bowery Street.
The Board concludes that the proposed use will be located in a structure that was designed for a
use that is currently not allowed in the zone based on the following findings:
• The subject building was originally constructed as a grocery store and continued to serve
commercial uses until the early 1980s. At some point after 1983 the structure was illegally
modified to serve as a single - family residential use, which is prohibited in the RM -44 zone.
• The first floor interior of the building is still arranged with the open floor plan —it is one large
room with a half bathroom at the back. The large, front windows are the only windows on the
first floor other than a small window on the west side of the building. The building is set at the
front property line, as is typical of older commercial buildings, and just inches off the east
property line (public alley).
• The structure was illegally modified (without a building permit) to create a bedroom and
bathroom on the second floor. The second floor does not meet minimum ceiling height
requirements for habitable space and does not have egress windows as required by code. Re-
adapting the second floor to serve as habitable space would require considerable expense and
may diminish the historic character of the structure.
• Given the size of the property and structure, it is not possible for the property to be re- adapted
for a multi - family use, though it could be adapted for a small single - family use.
The Board concludes that the proposed use is of the same or lesser intensity and impact than the
existing use based on the following findings:
• The property is not designed for a use that is currently allowed in the RM -44 zone.
• Due to the extremely limited size of the property and structure, the property is not adaptable as
a multi- family residential use.
• The building does not have a clear history of use after 1983. While the building is designed for a
commercial use, the most recent retail use was abandoned more than 25 years ago. At the same
time, the residential use that did exist was established illegally and made use of space that was
illegally modified and is not considered habitable under the current building code.
• Re -use of the property is severely limited by the size of the lot. The lot provides minimal
opportunity for parking —only two parking spaces. on- street parking along this portion of Bowery
Street is prohibited during daytime business hours. Moreover the high demand for on— street
parking in the surrounding neighborhood makes on- street parking practically unavailable. Given
these significant constraints any proposed use must, by necessity, be limited in intensity and
should not rely on significant vehicle access or parking.
• The only reasonable use of the property is a single- family residential dwelling (an efficiency unit),
a limited commercial use that relies on pedestrian traffic from the surrounding neighborhood, or
a use that does not require regular customer /client visits.
• The surrounding High Density Multi - Family Residential (RM -44) zone represents the highest
intensity residential use allowed outside the Downtown and PRM zone. The neighborhood is
dominated by high- density rental housing.
• The Board has put in place a number of conditions to control the intensity of the use on the site,
including a prohibition on alcohol and tobacco; restricting hours of operation; and limiting
lighting and signage to the standards for non - residential uses in residential zones.
• The conditions tied to approval apply to all future owners /users of the property and may not be
altered or removed without another special exception.
The Board concludes that the proposed use is suitable for the subject structure and site based on
the following findings:
• The structure was originally designed as a grocery store (retail sales use) and its interior floor
plan remains almost unchanged —the first floor is one large room with a half bath. The building
abuts the Bowery Street right -of -way and has large front windows giving it the appearance of a
retail use.
• The limited size of the property (less than 1,500 square feet) and the building (720 square feet)
place significant constraints upon the potential re -use of the building such that the market for
the property is quite limited.
• The site can provide 2 off - street parking spaces, which satisfies the minimum requirement for a
retail sales use.
The Board concludes that the structure will not be structurally enlarged in such a way as to
enlarge the non - conforming use based on the following finding:
• The building may not be enlarged without approval of the Historic Preservation Commission.
• Moreover the size of the building and its non- conforming setbacks and limited space for parking
practically eliminate any enlargement of the structure and impose considerable constrWnts
upon its use.
Based on the following findings the Board concludes that the specific proposed 4ti eeptQ will n6tr
be detrimental to or endanger the public health, safety, comfort or general welff wi hot b
injurious to the use and enjoyment of other property in the immediate vicinity; wll {•not
substantially diminish or impair property values in the neighborhood; and that :adequa {t? E N
measures have been or will be taken to provide ingress or egress designed so as,6- initpize
traffic congestion on public streets: C-)
• The conditions tied to approval apply to all future owners /users of the property and May not be
altered or removed without another special exception.
• The limited size of the lot and structure along with the restrictions placed on it due to its
Landmark status, effectively limit the intensity of any use on the property.
• The two off - street parking spaces can be provided with access from the public alley.
• A building permit will be required in order to establish the new use.
• Certain aspects of the building may need to be brought up to date to meet current building code
and should be addressed in order to ensure the safe use of the property.
• On- street parking is prohibited along Bowery Street until after 5:00 PM.
• Given the constraints on the property, a business would likely rely on customers coming on foot
or bike from within the surrounding neighborhood or will generate very limited customer visits.
• The conditions for approval restrict use of the public alley for drive -up service.
Based on the findings cited above, the Board concludes that establishment of the specific
proposed exception will not impede the normal and orderly development and improvement of
the surrounding property for uses permitted in the zone in which such property is located.
The Board concludes that the specific proposed exception, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located based on the finding
provided above and the following finding:
• Due to the non - conforming status of the lot and building, which do not meet minimum size and
setback requirements, the building cannot be further expanded.
The Board concludes that adequate utilities, access roads, drainage and /or necessary facilities
have been or are being provided based on the following finding:
e This neighborhood is fully developed with all roads and drainage— Bowery Street is adequate to
serve a small -scale retail use.
The proposed use will be consistent with the Comprehensive Plan, as amended.
The Comprehensive Plan encourages the re -use of existing buildings so long as their use does not
interfere with the function and character of the neighborhood in which they are located. The
Comprehensive Plan also encourages the preservation of historic buildings.
Disposition: By a vote of 3 -0 the Board approves EXC12- 00010, a special exception to allow a non-
conforming use that is located in a structure designed for a use that is not allowed in the zone to convert
to another non - conforming use for property located in the High Density Multi - Family (RM -44) zone at
518 Bowery Street, subject to the following conditions:
• The special exception is limited to a sales- oriented retail use only. Any change or conversion
from the granted sales use must be approved through another special exception. r
• A building permit is required in order to establish the approved retail sales- oriprjted use?
• The property shall provide and maintain two off - street parking spaces at the re IFthe7.puildink
in accordance with the off - street parking requirements in the zoning code. : ; –r, w _ �•
W
• Hours of operation for the use are limited to 6 AM to 10 PM weekdays and 6 Ald to midnight At�
F y f
Fridays and Saturdays.
• Outdoor seating and display of products within the public right -of -way are prohibited unless a°
temporary use permit is granted by the City. 01
�p
• Signage shall be limited to a fascia or awning sign in compliance with the zoning code standard
for non - residential uses located in residential zones and in compliance with Iowa City's Historic
Preservation Guidelines.
• All outdoor lighting should comply with the lighting standards for residential zones and with the
Historic Preservation Guidelines.
• The sale of tobacco on the property is prohibited.
• The sale and use of alcohol on the property is prohibited.
• Food preparation and sales on the site are limited per the definition of retail sales in the code,
which allows a cottage industry component.
• The public alley shall not be used for drive -up or drive - through service or for parking for the use.
• No amplified sound is permitted outside the building.
• The building may not be expanded without a special exception.
• Any alterations to the exterior of the building must comply with the Historic Preservation
Guidelines.
2. EXC12- 000011: A public hearing regarding an application submitted by Thomas Fast for a reduction
in the front setback requirement to allow an expanded front porch for property located in the
Medium - Density Single- family (RS -8) zone at 1118 Fairchild Street.
The Board concludes that the situation is peculiar to the property and that there is practical
difficulty complying with the setback requirement based on the following finding:
• The applicant wishes to construct a new porch, but the 15 -foot setback requirement
precludes him from building a porch more than 3 feet in depth.
The Board concludes that granting the special exception will not be contrary to the purpose of the
setback regulations; will not be detrimental to or endanger the public health, safety, comfort or
general welfare; and will not be injurious to the use and enjoyment of other property in the
immediate vicinity and will not substantially diminish or impair property values in the
neighborhood based on the following findings:
• The setback reduction requested is for the front setback only, it will not reduce the space for
light, air, and separation for fire protection and access between adjacent buildings.
• The proposed open air porch will help to preserve the sense of light, air, and separation
ra
between the home and the street. ®'
• Given the wide right -of -way and the varying setbacks of adjacent properties oifthis blgc4, the,-T,
setback reduction requested will not create an unreasonable physical relationsljpbetvRen v
buildings."'
• The porch will be set back nearly 14 feet from the sidewalk and nearly 35 feet frt (irlhe` paved
`. �
•`,< <•
street.
Based on the facts cited above, the Board concludes that the establishment of thgreducedd,
setback will not impede the normal and orderly development and improvement of the U1
surrounding property for uses permitted in the zone in which such property is located.
The Board concludes that any potential negative effects resulting from the setback exception are
mitigated to the extent practical based on the following findings:
• The setback reduction is subject to planning staff approval of final sketches to ensure that
certain elements of the porch —the posts and roofline —are compatible in general style and
proportion to the house.
The Board finds that all necessary utilities and facilities are already in place for this property and
the neighborhood.
The Board concludes that the setback reduction will have no impact on ingress or egress based on
the following findings:
• As the porch will be set back more than 14 feet from the sidewalk and over 30 feet from the
street, it will not impede views for motorists or pedestrians.
• The porch will not generate additional traffic.
The Board concludes that except for the specific regulations and standards applicable to the
exception being considered, the specific proposed exception, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located based on the following
findings:
• The existing house and proposed porch appear to meet all other zoning requirements.
• The applicant must apply for a building permit from the Housing and Inspection Services
Department to ensure compliance with all other City codes.
The Board concludes that the setback reduction is consistent with the Comprehensive Plan, which
encourages preservation and reinvestment in existing neighborhoods.
N
G7
N
DISPOSITION: By a vote of 3 -0 the Board approves EXC12- 00011, an application for'educt nn in th�'a�
front principal building setback from 15 feet to 9 feet 9 inches in order to allow constrdci ion If an 8�R
foot x 23 foot open -air front porch, be approved subject to the following conditions:" --) 5 j
1. The porch shall be constructed and maintained as an open -air porch.
2. Planning staff shall have final approval of sketches in order to ensure that the fig! ljt6signjs
compatible in general style and proportion to the house.
l)1
TIME LIMITATIONS:
All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6)
months from the date they were filed with the City Clerk, unless the Applicant shall have taken action
within such time period to establish the use or construct the improvement authorized under the terms
of the Board's decision. City Code Section 14- 8C -1E, City of Iowa City, Iowa.
12Z4
Brock Grenis, Acting Chairperson
App�rjoved -�:
�� -
City Attor ey sOffic —
fC -za -lZ
let
STATE OF IOWA
JOHNSON COUNTY
I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment
Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of
Iowa City, Iowa, at its regular meeting on the 10th day of October, 2012, as the same appears of record
in my Office.
Dated at Iowa City, this a?, 3 day of 4g6-j � , 2012
C ®RP®�rAT SEAL Mar. Karr, City Clerk
r -a
ca
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9
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Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, SEPTEMBER 12, 2012
EMMA J. HARVAT HALL
Doc ID 022720100002 Type: GEN
Kind: DECISION
Recorded: //0t 10
Fee Amt: $1230.2600 P2ag12 e 1 a of :55:03 AM
2
IA 52240;319/356 -5230 Johnson County Iowa
Kim painter County Recorder
BK4998 Pc,240 -241
MEMBERS PRESENT: Caroline Sheerin, Will Jennings, Brock Grenis, T. Gene Chrischilles
v
APL12- 00002: a public hearing regarding an appeal filed by Justin Mulford to ovd ttbrn a
decision made by Iowa City's Historic Preservation Commission that denied a Certificate of
Appropriateness for the demolition of 111 & 115 South Governor Street in the College Hill
Conservation District.
Findings of Fact: The Board finds that 111 and 115 South Governor Street are both
contributing properties located in the College Hill Conservation District and are therefore
subject to Iowa City's Historic Preservation Guidelines. The Board finds that the Historic
Preservation Guidelines state that: "A Certificate of Appropriateness for the demolition of an
primary building on a contributing property within a conservation or historic district, or any
landmark, will be denied unless the applicant can demonstrate that the building is
structurally unsound and irretrievable;" and
"Before a Certificate of Appropriateness for demolition will be approved for a primary
building, the Iowa City Historic Preservation Commission must approve a Certificate of
Appropriateness for the building that will replace the one being demolished."
The Board finds that a report from a structural engineer indicated defects in the foundations
of both buildings, however the engineer provided no recommendation as to whether the
structures are ''irretrievable." The, Board finds that a report by a professional building
inspector indicated that the'c[468ts present in the foundations are not uncommon in
buildings of this age and that the defects are reparable. The Historic Preservation
Commission cited the report of the professional building inspector in its discussion and in its
written denial, re- stating that while defects in the foundations are present, they are
considered reparable. The Board finds that the applicant provided no evidence to the
Historic Preservation' Commission demonstrating that the buildings are "irretrievable" or that
the required repairs are economically unreasonable. Finally, the Board also notes that the
applicant failed to submit for approval the required plans for a replacement structure as
required by the guidelines.
CONCLUSIONS OF LAW: Based on the above findings, the Board concludes that the
Historic Preservation Commission was not arbitrary or capricious in its decision and was not
in error in denying the Certificate of Appropriateness to demolish the buildings. The Board
concludes that the Commission followed Historic Preservation Guidelines for determining
whether to approve the requested demolition. The Board concludes that the applicant failed
1�1�
MEMBERS ABSENT: Larry Baker
STAFF PRESENT: Sarah Holecek, Sarah Walz
- =ici
OTHERS PRESENT: Justin Mulford, Ginalie Swaim, Lucie Laurien,
Judith Pasco'othgr
=1°
SPECIAL EXCEPTION ITEMS:
v
APL12- 00002: a public hearing regarding an appeal filed by Justin Mulford to ovd ttbrn a
decision made by Iowa City's Historic Preservation Commission that denied a Certificate of
Appropriateness for the demolition of 111 & 115 South Governor Street in the College Hill
Conservation District.
Findings of Fact: The Board finds that 111 and 115 South Governor Street are both
contributing properties located in the College Hill Conservation District and are therefore
subject to Iowa City's Historic Preservation Guidelines. The Board finds that the Historic
Preservation Guidelines state that: "A Certificate of Appropriateness for the demolition of an
primary building on a contributing property within a conservation or historic district, or any
landmark, will be denied unless the applicant can demonstrate that the building is
structurally unsound and irretrievable;" and
"Before a Certificate of Appropriateness for demolition will be approved for a primary
building, the Iowa City Historic Preservation Commission must approve a Certificate of
Appropriateness for the building that will replace the one being demolished."
The Board finds that a report from a structural engineer indicated defects in the foundations
of both buildings, however the engineer provided no recommendation as to whether the
structures are ''irretrievable." The, Board finds that a report by a professional building
inspector indicated that the'c[468ts present in the foundations are not uncommon in
buildings of this age and that the defects are reparable. The Historic Preservation
Commission cited the report of the professional building inspector in its discussion and in its
written denial, re- stating that while defects in the foundations are present, they are
considered reparable. The Board finds that the applicant provided no evidence to the
Historic Preservation' Commission demonstrating that the buildings are "irretrievable" or that
the required repairs are economically unreasonable. Finally, the Board also notes that the
applicant failed to submit for approval the required plans for a replacement structure as
required by the guidelines.
CONCLUSIONS OF LAW: Based on the above findings, the Board concludes that the
Historic Preservation Commission was not arbitrary or capricious in its decision and was not
in error in denying the Certificate of Appropriateness to demolish the buildings. The Board
concludes that the Commission followed Historic Preservation Guidelines for determining
whether to approve the requested demolition. The Board concludes that the applicant failed
1�1�
satisfy the three - pronged test described in the guidelines, the applicant provided no
evidence that the buildings were irretrievable, and the applicant failed to submit to the
Commission drawings of the proposed replacement building as required under the
guidelines.
Disposition: By a vote of 0 -4 (Baker absent) the Board denied the request to overturn the
decision of the Historic Preservation Commission denying a Certificate of Appropriateness
for the demolition of 111 and 115 South Governor Street.
TIME LIMITATIONS:
All orders of the Board, which do not set a specific time limitation on Applicant action, shall
expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall
have taken action within such time period to establish the use or construct the improvement
authorized under the terms of the Board's decision. City Code Section 14 -8C -1 E, City of Iowa
City, Iowa.
Approved by:
ity Att rnee''s Of i e
STATE OF IOWA
JOHNSON COUNTY
I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment
Decision herein is a true and correct copy of the Decision that was passed by the Board of
Adjustment of Iowa City, Iowa, at its regular meeting on the 12ffi day of September, 2012, as the
same appears of record in my Office.
Dated at Iowa City, this 025 day of L!4X6f� , 20L
CO D(J�J- M S AL
2124, � Z. %ee:1:!2
MariaWK. Karr, City Clerk
�34-
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?H.
CD
�34-
Doc ID: 022720260003 Type: GEN
Kind: ORDINANCE
Recorded: 10/26/2012 at 11:36:31 AM
Fee Amt: $17.00 Page 1 of 3
Johnson County Iowa
Kim Painter County Recorder
BK4998 PG278-280
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is
a true and correct copy of Ordinance No. 12-4498 which was passed by the City Council of Iowa City,
Iowa, at a regular meeting held on the 23r1 day of October, 2012, is a true and correct copy , all as the
same appears of record in my office.
Dated at Iowa City, Iowa, this 25`x' day of October, 2012.
��( r � v
Marian K. Karr
City Clerk
410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240 -1826 • (J IV) 3DD -Juw o ran kJ ii)
\ord
�j�
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ12- 00014)
ORDINANCE NO. 12 -4498
ORDINANCE REZONING APPROXIMATELY .034 ACRES LOCATED AT 518 BOWERY STREET AS
AN IOWA CITY HISTORIC LANDMARK. (REZ12- 00014)
WHEREAS, the applicant, Michelle Wiegand, has requested rezoning of a property located at 518
Bowery Street to include designation as an Iowa City Historic Landmark; and
WHEREAS, the Historic Preservation element of the Comprehensive Plan encourages the identification
and preservation of historic resources significant to Iowa City's past; and
WHERAS, research conducted on behalf of the applicant revealed that this property may date to the Civil
War era, is one of the few remaining examples of a neighborhood grocery store, and the Historic
Preservation Commission and State Historical Society have determined that it is worthy of preservation; and
WHEREAS, the Planning and Zoning Commission has found the designation as an Iowa City Historic
Landmark to be in compliance with the Comprehensive Plan and has recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning
designation to include a designation of Iowa City Historic Landmark:
LEGAL DESCRIPTION
THE EAST 21 FEET OF SOUTH 70 FEET OF LOT 15, BLOCK 6, LYONS 2ND ADDITION, IOWA CITY,
JOHNSON COUNTY, IOWA.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the
office of the County Recorder of Johnson County, Iowa, at the owners expense, all as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the 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 VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 23rd day of October 2012.
-�
1121 •'
ATTEST: 29w
CI Y CLERK i
App vedb
yI
App
✓(
City Attorney's Office 71 kh Z
�C�
Ordinance No. 12 -4498
Page 2
It was moved by Mims and seconded by Payne that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x
x
x
x
x
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 9/18/2012
Voteforpassage: AYES: Dickens, Hayek, Mims, Throgmorton, Champion. NAYS: Dobyns
ABSENT: Payne.
Second Consideration 10/2/2012
Vote for passage: AYES: Hayek, trims,
NAYS: Dobyns. ABSENT: None.
Date published
Payne, Throgmorton, Champion, Dickens,
Feu
Doc ID: 022743000006 Type. GEN
Kind: COVENANT
Recorded: 11/16/2012 at 10:47:38 AM
Fee Amt: $32.00 Paq 3 of 6
Johnson CountV Iowa
Kim Painter Countv Recorder
BK5008 PG867 -872
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached
hereto is a true and correct copy of Resolution No. 12-464 which was passed by the City Council
of Iowa City, Iowa, at a regular meeting held on the 13°1 day of November, 2012, all as the same
appears of record in my office.
Dated at Iowa City, Iowa, this 15th day of November, 2012.
Marian K.�Karr
City Clerk
\res
PORE T SEAL
410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 *FAX (319) 356 -5009
""T"rw
4d(1)
Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-
5036
RESOLUTION NO. 19_464
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A PARKING COVENANT FOR 225 IOWA AVENUE, IOWA CITY, IOWA
WHEREAS, Bruegger's Enterprises, Inc. ( "Tenant ") leases real estate located at 225 Iowa Ave.,
i :;va City, Iowa, which it desires to redevelop; and
WHEREAS, said real estate is owned by Net Lease Funding 2005 LP ( "Owner"); and
WHEREAS, the Board of Adjustment granted Owner and Tenant a special exception to allow
certain parking requirements of the proposed development to be satisfied by acquiring fourteen
(14) parking permits for the Dubuque Street municipal parking facility, or in another municipal lot
as determined by the Director of Parking and Transportation Services; and
WHEREAS, a condition of this special exception is that the Owner place a parking covenant on
the property, which covenant cannot be released without the City's consent.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The Mayor is hereby authorized to execute and the City Clerk to attest the attached
Parking Covenant for 224 Iowa Avenue, Iowa City, Iowa.
2. The City Clerk is hereby directed to certify a copy of this resolution and record it and the
attached Covenant in the office of the Johnson County Recorder at Tenant's expense.
Passed and approved this 13th day of November , 20 12 .
` �- °
MAYOR V�
ATTEST: "i1,t-�2
CITY CtERK
PORATE SEAL
Approved by
^� 4UT✓' -� -F�
City Attorney's Office
/6u
Resolution No.
Page 2
12 -464
It was moved by champ ion and seconded by
Resolution be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
x
NAYS:
ABSENT:
the
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
1W
PARKING COVENANT
WHEREAS, NET LEASE FUNDING 2005 LP ( "Owner ") owns real estate locally known as 225 Iowa Ave.,
Iowa City, Iowa, and legally described as:
The East 15 feet of the North 86 feet of Lot 7 and the West 35 feel of the North 86 feet of Lot 8,
Block 66, Iowa City, Iowa, according to the recorded plat thereof. (the "Property ")
WHEREAS, Owner desires to construct a mixed use building with commercial space on ground floor and
three one - bedroom residential units above on the Property;
WHEREAS, Owner is the landlord under that Amended and Restated Lease dated as of December 18, 1996
(as may have been amended, supplemented, modified and assigned, the "Lease "), whereby the Owner leases
the Property to Bruegger's Enterprises, Inc. ( "Tenant ") under a triple net lease, whereby Tenant is
responsible for all maintenance, costs, expenses or charges with respect to the Property, including repairing
of the Property after any damage or destruction;
WHEREAS, in order to construct that mixed use building with commercial space on ground floor and three
one - bedroom residential units above, Owner is required to provide for parking pursuant to the ordinances of
the City of Iowa City and is relying on Tenant to execute its obligations related thereto;
WHEREAS, insufficient physical space exists upon the Property to provide all of that parking;
WHEREAS, the ordinances of the City of Iowa City allow for a portion of that parking to be provided off -
site or in public facilities;
WHEREAS, Tenant, as applicant, submitted to the City of Iowa City an Application for Special Exception
(EXC I I - 00011);
WHEREAS, at a meeting on January 11, 2012 the Board of Adjustment of the City of Iowa City granted the
Special Exception allowing Tenant to provide parking spaces in the municipally owned rower Place Parking
Ramp; and,
WHEREAS, the terms of that Special Exception need to be incorporated into a Covenant running with the
Property;
NOW, THEREFORE, Owner imposes upon the Property the following Covenant for so long as the Property
is used in the manner described in the Application for Special Exception and as allowed by the Board of
Adjustment:
1. Tenant on behalf of Owner shall satisfy at least 3, but no more than 3, of the parking spaces required
for development of the Property by acquiring permits from the City of Iowa City in the "rower Place
Parking Ramp, or such other public parking facility as the City may from time to time deem
appropriate.
2. Tenant on behalf of Owner shall compensate the City for those spaces at the then prevailing rental
Ice for those permits, upon the same terms and conditions as those permits would be offered to the
general public. The terms and conditions of the lease of those spaces shall be set by the Director of
Transportation Services of the City of Iowa City.
'Ju
3. The oft= site parking shall be made available by Tenant to residential tenants of the Property only,
and at a cost no greater than the lease rate determined by the Director of Transportation Services of
the City of Iowa City at the time of leasing.
4. Tenant shall provide to the City's Director of Transportation the name, address, and license plate
number of all permit holders.
5. This Covenant shall nm with the land and bind Tenant, Owner and their successors in interest until
modified by mutual agreement of the then Tenant, Owner and the City of Iowa City.
6. Tenant shall record this Covenant in the office of the Johnson County, Iowa Recorder at the
Tenant's expense.
Owner acknowledges that if Tenant fails to perform any of its obligations hereunder, Owner shall
be responsible for such performance.
Dated as of this ) V1 day of October, 2012
OWNER:
NET LEASE FUNDING 2005 LP, a Delaware limited
partnership
By: Net Lease Funding 2005, LLC, a Delaware
limited liability company, its sole general partner
i
By: 64--,
Name: Dale van Gelder
Its: Authorized Signatory
STATE OF FLORIDA
COUNTY OF ORANGE, SS. .
r714,
AtOecn,1-1.1n ��_,this / day of October, j)e•sonallyappeared 1111 va /duly
authorized agent of Net Lease Funding 2005 LLC and he /she acknowledged Nis instrument, by him/her
sealed and subscribed, to be his/her free act and deed and the free act and deed of Net Lease Funding 2005
LLC.
Before me-. (, tuc,, (`,ILt&�
N9 r
Public
// l Jb a,p..ey{ VETfE H. MAC CQ
My coin expires( an )l S =l tr. ^;? Commission # EE 055007
.;e L: nlres January 16, 2015
F •�" �Q:` Qndri l}r, Tn,7 Fanlmnmxe BOOJ857018
M
Its: C'Fv
vC�moNi
STATEOFf8Wt CWVf0N0EN
COUNTY OF 36i•Rd99id, SS.
X.
At y�, \A , this feday of October, personally appeared NVU duly
authorized agent of Bruegger's Enterprises, Inc., and he /she acknowledged this instrument, by him/her sealed
and subscribed, to be his/her free act and deed and the free act and deed ofrrB''��ruegger's Enterprises, Inc.
Before me �(*, ejw
Potar\yv�pu •c
My commission expires: Z U Z OIS�
STATE OF IOWA
COUNTY, SS.
NOTARIAL, S "hL
CITY OF IOWA CITY, IOWA
By n
Matthew J. Hayek, Nhyor
By: Wut'', /r,. lec?�
MariaiN. Karr, City Clerk
CORP®fAiE SEAL
Wo l=.leP�Mm6rvA No�FnypL�olY
At Zo a G 'TA- , this 15 day of 6ctvbel, before me, the undersigned, a Notary Public in and
for said Coun and State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally
known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said
municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal
of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal
corporation by authority of City Council of said municipal corporation; and that the said Matthew J. Hayek
and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said
municipal corporation, but it and by them voluntarily executed.
Before me: S& tr �
Notary Public in and for the State of Iowa
SONDRAEFORT
_ Commission Number 159791
My Comml on Epiree
'?P
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Doc ID: 022762220008
Type: GEN
Kind: ORDINANCE
Recorded: 12/04/2012 at
01:50:14
PM
Fee Amt: $42.00 Page 1
of 8
Johnson County Iowa
Kim Painter County Recorder
BK5017 PG766 -773
rec
d1�e "III
®► My of
e
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is
a true and correct copy of Ordinance No. 12-4500 which was passed by the City Council of Iowa City,
Iowa, at a regular meeting held on the 27°i day of November, 2012, is a true and correct copy , all as
the same appears of record in my office.
Dated at Iowa City, Iowa, this 3`d day of December, 2012.
Marian K. T
City Clerk
\ord
410 EAST WASHINGTON STREET 9 IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 e FAX (319) 356 -5009
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5240 (REZ12- 00023)
ORDINANCE NO. 12 -4500
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.38 ACRES LOCATED AT 1030
WILLIAM STREET FROM COMMERCIAL OFFICE (CO -1) TO MEDIUM - DENSITY MULTI- FAMILY (RM-
20). (REZ12- 00023)
WHEREAS, the applicant, 3 Diamond Development, L.L.C., has requested a rezoning of property
located at 1030 William Street from Commercial Office (CO -1) to Medium - Density Multi - Family (RM -20); and
WHEREAS, the Southeast District Plan encourages redevelopment and reinvestment of the Towncrest
area, and specifies that new development in the area should incorporate a diversity of uses, mixed vertically
within buildings and horizontally along a network of streets, and include apartment buildings, live -work and
residential townhouses to transition from any new development to the detached single - family neighborhood
surrounding Towncrest; and
WHEREAS, the applicant intends to redevelop this site with apartments designed for and occupied by
elders and /or persons with disabilities, a use that is compatible with and complementary to the nearby retail
services and medical offices in the area; and
WHEREAS, this intended use is a new use for the area, thereby furthering the goal of mixed uses
throughout the Towncrest area; and
WHEREAS, this redevelopment will set an example to encourage further reinvestment and
redevelopment in this area; and
WHEREAS, there is a demonstrated need for elderly housing within Iowa City and the Towncrest area,
and a conditional zoning agreement will ensure the apartments will be reserved for and occupied by elders
and /or persons with disabilities; and
WHEREAS, the subject property is within the Towncrest Design Review Overlay District and therefore
the final design must be approved by the City's Design Review Committee according to the Towncrest
Design Plan Manual;
WHEREAS, members of the public and the Planning and Zoning Commission expressed concern over
the lack of usable private and semi - private green space for the residents as called for in the Southeast
District Plan and therefore recommend as a condition of the rezoning that a landscaping plan illustrating how
usable outdoor greenspace will be incorporated into the development be submitted as a component of the
developer's application for Design Review; and
WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs caused by the requested change; and
WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance
with the terms and conditions of the Conditional Zoning Agreement, attached hereto, to ensure appropriate
development in this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property described below is hereby reclassified from its current zoning designation Office Commercial
(CO -1) with a Design Review Overlay (ODR) to Medium Density Multi- Family Residential (RM -20) with a
Design Review Overlay (ODR):
LEGAL DESCRIPTION
The west half of Lot 7, Block 3, Towncrest Addition, Iowa City, Iowa ,according to the recorded plat
thereof, excepting any portion of said Lot 7 falling within the following described tract of land:
Commencing at an iron pin marking the northwest corner of Block 3, Towncrest Addition to Iowa City, Iowa
according to the Plat thereof recorded in Book 4, Page 323 Johnson County Recorder's Records; thence on
an assumed bearing of south 140.00 feet along the west line of said Block 3 to a P -K nail marking the Point
of Beginning; thence continuing south 144.40 feet along the said west line of Block 3 to an iron pin; thence
South 90 °00'00" East 50.43 feet to an iron pin; thence south 6.00 feet to a P -K nail; thence South 90 000'00"
0
Ordinance No. 12 -4500
Page 2
East 95.45 feet to a P -K nail on the west line of the existing building; thence north 6.67 feet along said west
building line to the centerline of an east -west common wall; thence South 90 000'00" East 44.63 feet along
said common wall centerline and its easterly extension to a P -K nail on the east line of the said west one half
of Lot 7; thence North 0 007'20" West 146.92 feet along the east line of said west one half of Lot 7 and its
northerly extension of a P -K nail; thence South 89 003'00" West 190.22 feet to the Point of Beginning (1030
William Street).
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV, CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the 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 VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this 27thday of November , 2012.
6
MAYOR
ATTEST:
^CI YCLERK j�
Ap/p�oved by V�I7�� "11p /`jL
(Cot
City Attorney's Office
1921
Ordinance No. 12 -4500
Page 3
It was moved by Mims and seconded by Champion that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
x
NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 11/13/2012
Votefor passage: AYES: Mims, Payne, Throgmorton, Champion, Dickens, Dobyns,
Hayek. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
Moved by Dobyns, seconded by Mims, that the rule requiring ordinances to be considered and
voted on for passage at two Council meetings prior to the meeting at which it is to be finally
passed be suspended, the second consideration and vote be waived and the ordinance be voted
upon for final passage at this time. AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens,
Dobyns. NAYS: None. ABSENT: None.
/�/1
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5240 (REZ12- 00023)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City "), and Towncrest Investments, L.P. (hereinafter "Owner "), and 3 Diamond
Development, L.L.C. (hereinafter "Applicant ").
WHEREAS, Owner is the legal title holder of approximately 1.38 acres of property located
at 1030 William Street, Iowa City, Iowa; and
WHEREAS, the Applicant has requested the rezoning of said property from Commercial
Office (ODR -CO -1) to Medium - Density Multi - Family Residential (ODR- RM -20); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions ensuring the apartments will be reserved for and occupied by elders and /or persons with
disabilities, and ensuring the adequate provision of private and semi - private outdoor spaces as
called for in the Southeast District Plan, as determined by staff through the design review process,
the requested zoning is consistent with the Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions
are reasonable to ensure the development of the property is consistent with the Comprehensive
Plan and the need for compatibility with the Southeast District Plan; and
WHEREAS, the Owner and Applicant agree to develop said property in accordance with the
terms and conditions of a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree
as follows:
1. Towncrest Investments, L.P. is the legal title holder of the property legally described as:
The west half of Lot 7, Block 3, Towncrest Addition, Iowa City, Iowa ,according to the recorded
plat thereof, excepting any portion of said Lot 7 falling within the following described tract of land:
Commencing at an iron pin marking the northwest corner of Block 3, Towncrest Addition to Iowa City,
Iowa according to the Plat thereof recorded in Book 4, Page 323 Johnson County Recorder's
Records; thence on an assumed bearing of south 140.00 feet along the west line of said Block 3 to a
P -K nail marking the Point of Beginning; thence continuing south 144.40 feet along the said west line
of Block 3 to an iron pin; thence South 90 °00'00" East 50.43 feet to an iron pin; thence south 6.00
feet to a P -K nail; thence South 90 °00'00" East 95.45 feet to a P -K nail on the west line of the
existing building; thence north 6.67 feet along said west building line to the centerline of an east -west
common wall; thence South 90 °00'00" East 44.63 feet along said common wall centerline and its
easterly extension to a P -K nail on the east line of the said west one half of Lot 7; thence North
0 °07'20" West 146.92 feet along the east line of said west one half of Lot 7 and its northerly
extension of a P -K nail; thence South 89 °03'00" West 190.22 feet to the Point of Beginning (1030
William Street).
1 of 4 q91
2. The Owner and Applicant acknowledge that the City wishes to ensure conformance to the
principles of the Comprehensive Plan, specifically the Southeast District Plan. Further, the
parties acknowledge that Iowa Code §414.5 (2011) provides that the City of Iowa City may
impose reasonable conditions on granting an applicant's rezoning request, over and above
the existing regulations, in order to satisfy public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
a. Uses shall be restricted to elder apartment housing, as defined in the Iowa City Code
of Ordinances; and
b. There shall be no vehicular drive between the building and the southern property line;
and
c. Private and semi - private outdoor spaces will be provided in accordance with the
Southeast District Plan, the size and location of which is to be determined by staff
through the design review process.
4. The Owner, Applicant, and City acknowledge that the conditions contained herein are
reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and that said
conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner, Applicant, and City acknowledge that in the event the subject property is
transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms
of this Conditional Zoning Agreement.
0. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a
covenant running with the land and with title to the land, and shall remain in full force and
effect as a covenant with title to the land, unless or until released of record by the City of
Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind all
successors, representatives, and assigns of the parties.
The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement
shall be construed to relieve the Owner or Applicant from complying with all other
applicable local, state, and federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this W 11 day of Nov to ld , 2012.
CITY OF IOWA CITY 3 Diamond Development. L.L.C.,
n y APPLICANT
Matthew J. Hayek, Mayor (Name, Title)
7L) i r,w,�r Ole o&-CA(," '. s
2of4
10
C0IRP0RATE US EEL
Attest:
Mari n -K. Karr, City Clerk
Approved by:
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
Towncrest Investments, L.P., OWNER
ame, Tit e)-
This instrument was acknowledged before me on Novfr k,,,^ a? , 2012, by Matthew J. Hayek
and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
APPLICANT ACKNOWLEDGEMENT:
STATE OF i'/A )
) ss:
070AM540 COUNTY )
S,rr- ,canal- , —r3C'b
Notary Public in and for the State of Iowa
(Stamp or Seal) towli soNDRAE FORT
CommissionNumber159791
My Commission Expires
Title (and Rank)
Ajo +any Pu& N e
This instrument was acknowledged before me on 2012 by
t C) Cam, \ [name] [title] of
'" -[name of business].
Notary
(Stamp or Seal)
Title (and Rank)
3of4
said County and State
JEFFVANATTER
z° Commission Number 705313
My Commis 'on Expir§s
OWNER ACKNOWLEDGEMENT:
STATE OF iA )
ss:
itn COUNTY )
This instrument was acknowledged
before me on I [ , 2012 by
6g t�4 for [name] as j r �v.cf" [title] of
/ tttitt [name of business].
Not4y Public in and for said County and State
(Stamp or Seal)
Title (and Rank)
4of4
Phoebe Wn
Notarial Seal, Iowa
Commiaslon # 768287
MyCommisalonExpires !N
rf ��
I
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is
a true and correct copy of Ordinance No. t2-4501 which was passed by the City Council of Iowa City,
Iowa, at a regular meeting held on the 27'11 day of November, 2012, is a true and correct copy , all as
the same appears of record in my office.
Dated at Iowa City, Iowa, this 3`d day of December, 2012.
Marian K. Kam
City Clerk
\ord
CORPIN
410 EAST WASHINGTON STREET o IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 o FAX (319) 356 -5009
1/3
Doc ID: 022761830003 Type: GEN
Klnd: ORDINANCE '
Recorded: 24:11 AM
/Page
St of 3
Fee Amt: $17.00
Johnson County Iowa
Kim Painter County Recorder
BK5017 P0537 -539 -
A r
_,
yT`R �w— I '6
,0,0 City of
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is
a true and correct copy of Ordinance No. t2-4501 which was passed by the City Council of Iowa City,
Iowa, at a regular meeting held on the 27'11 day of November, 2012, is a true and correct copy , all as
the same appears of record in my office.
Dated at Iowa City, Iowa, this 3`d day of December, 2012.
Marian K. Kam
City Clerk
\ord
CORPIN
410 EAST WASHINGTON STREET o IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 o FAX (319) 356 -5009
1/3
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ12- 00020)
ORDINANCE NO. 12 -4501
ORDINANCE REZONING APPROXIMATELY 1.1 ACRES LOCATED AT 2225 MORMON TREK
BOULEVARD FROM INTENSIVE COMMERCIAL (CI -1) TO COMMUNITY COMMERICAL (CC -2). (REZ12-
00020)
WHEREAS, the applicant, Terry Lockridge and Dunn World Trend Financial, has requested a rezoning
of the property located at 2225 Mormon Trek Boulevard from Intensive Commercial (CI -1) to Community
Commercial (CC -2); and
WHEREAS, the Southwest District Plan future land -use map indicates the appropriate use for this area
as general commercial, which is intended to provide opportunity for a large variety of commercial uses that
serve a major segment of the community; and
WHEREAS, the subject property is located within the West Side Park subdivision, and the West Side
Park subdivision has evolved from its original plan of being a commercial and light industrial park into an area
that contains residential and commercial uses; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and has
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning
designation of CI -1 to CC -2:
LEGAL DESCRIPTION
THAT PART OF LOT 41 OF WEST SIDE PARK DESCRIBED AS AUDITOR'S PARCEL #20001069 IN
SURVEY BOOK 43, PAGE 134 IN THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the
office of the County Recorder of Johnson County, Iowa, at the owners expense, all as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the 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 VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 27th day of November 2012.
MAYOR
ATTEST: 27 11W,11ud % %�(� � {�
C YCLERK e�4. RPORNTE SEA[
Ap roved by.
City Attorney's Office
4
Ordinance No. 19_4501
Page 2
It was moved by Champion and seconded by Dickens that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
x
x
x
X
x
—x —
x
NAYS: ABSENT:
First Consideration 10/23/2012
Voteforpassage: AYES: Dickens, Dobyns,
Champion. NAYS: None. ABSENT: None.
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
Hayek, rums, Payne, Throgmorton,
Second Consideration 11/13/2012
Voteforpassage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims,
Payne. NAYS: None. ABSENT: None.
Date published
hj'6
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance
attached hereto is a true and correct copy of Ordinance No. 12-4502 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the 4th day of December,
2012, all as the same appears of record in my office.
Said ordinance was previously recorded on December 6, 2012, Book 5018, Page 996 -998,
and should have included a single -story ranch -style house plan.
Dated at Iowa City, Iowa, this 11th day of December, 2012.
Marian'K-Karr
City Clerk
\ord
00RP0RAT F 1 A
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IIIIIIIIillllllllilllllllliilllllllllilll
�
r VIII �'
Doc ID: 022772500004 Type:, GEN
Kind: ORDINANCE
12/12/2012 AM
FeeoAmt: $22 Pae itof 442.02
a
Johnson CountV Iow
Kim Painter CountV Recorder
CITY OF IOWA.ChTY
BK5022 PG644 -647
410 East Washington Street
Iowa City, Iowa 52240 -1826
(319) 356 -5000
(319) 356 -5009 FAX
wwwAgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance
attached hereto is a true and correct copy of Ordinance No. 12-4502 which was passed by
the City Council of Iowa City, Iowa, at a regular meeting held on the 4th day of December,
2012, all as the same appears of record in my office.
Said ordinance was previously recorded on December 6, 2012, Book 5018, Page 996 -998,
and should have included a single -story ranch -style house plan.
Dated at Iowa City, Iowa, this 11th day of December, 2012.
Marian'K-Karr
City Clerk
\ord
00RP0RAT F 1 A
r
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5240
ORDINANCE NO. 12 -4502
AN ORDINANCE TO AMEND THE PLANNED DEVELOPMENT OVERLAY MEDIUM - DENSITY SINGLE -
FAMILY (OPD -8) PLAN FOR SADDLEBROOK MEADOWS PART 1 TO ADD A SINGLE -STORY RANCH -
STYLE HOUSE PLAN TO THE PREVIOUSLY APPROVED OPD PLAN FOR PROPERTY LOCATED AT
WHISPERING MEADOWS DRIVE AND PINTO LANE. (REZ12- 00022)
WHEREAS, the applicant, Saddlebrook Meadows Development, has requested a rezoning to amend the
Planned Development Overlay Medium - Density Single - Family (OPD -8) Plan for Saddlebrook Meadows Part
1 to add a single -story ranch -style house plan to the previously approved OPD plan for property located at
Whispering Meadows Drive and Pinto Lane; and
WHEREAS, the previously approved OPD plan for Saddlebrook Meadows includes three to seven
models of single - family homes, all of which have two stories; and
WHEREAS, the applicant has requested the option of replacing up to six of the two -story models with
one -story dwellings to provide for more affordable units and dwellings on a single floor; and
WHEREAS, the approved single - family lots are considerably smaller and narrower than what is typically
allowed in the underlying Medium - Density Single- Family (RS -8) zone, and, due to the presence of alleys, the
models include a mix of attached and detached garages, which results in less usable yard space than in
most newer neighborhoods; and
WHEREAS, the proposed house models will include full -width front porches that will be a minimum of 8-
feet deep to provide for usable outdoor space; and
WHEREAS, the previously approved OPD Plan included a variety of house models and required that
identical models not be repeated next to each other, a condition that also applies to the revised plan; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and has
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. The Planned Development Overlay Plan for the property legally described
below is hereby amended to allow for the addition of a single -story ranch -style house plan, as shown on the
plan attached hereto and incorporated herein by this reference:
THE SADDLEBROOK MEADOWS PART ONE SUBDIVISION, AS RECORDED IN BOOK 3846, PAGE 747,
BY THE JOHNSON COUNTY RECORDER'S OFFICE, IOWA CITY, JOHNSON COUNTY, IOWA
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the
office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the 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 VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 4th day of December 2012
MAYOR
ATTEST:
C CLERK
Approved by p CORPORATE SEAS,
City Attorney's Office yd
J�
Ordinance No. 12 -4502
Page 2
It was moved by Mims and seconded by Payne that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
x
x
x
_x
x
x
x
NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 11/13/2012
Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens,
Dobyns. NAYS: None. ABSENT: None.
Second Consideration 11/27/2012
Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion,
Dickens. NAYS: None. ABSENT: None.
Date published 12/13/2012
?0
FRONT ELEVATION
ELEVATION
iii
SINGLE
OPTION
ee
Doc ID: 022776080003 Type: GEN
Kind: DECISION
Recorded: 12/14/2012 at 10:44:32 AM
Fee Amt: $17.00 Page 1 of 3
Johnson County Iowa
Kim Painter County Recorder
BK5024 PG202 -204
Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356 -5230
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, November 14, 2012
EMMA J. HARVAT HALL
MEMBERS PRESENT: Will Jennings, Caroline Sheerin, Gene Chrischilles, Larry Baker
MEMBERS ABSENT: Brock Grenis
STAFF PRESENT: Sarah Holecek, Sarah Walz 1
OTHERS PRESENT: None r, ; c.0
SPECIAL EXCEPTION ITEMS:
1. EXC12700012: A public hearing regarding an application submitted by Dudley in
Brothers Co. for a reduction in the front principal building setback requirement fb'
allow the expansion of the front porch for property located in the Low Density Single -
family (RS -5) zone at 1613 Spruce Court.
The Board concludes that the situation is peculiar to the property and that there is a
practical difficulty in complying with the setback requirements based on the following
findings:
• While the property at 1613 Spruce Court is currently in compliance with the
required setback for this RS -5 zone, the applicant wishes to build a modest
front porch in order to improve the function and appearance of the house.
• Most of the houses in this area are simple ranch -style structures and lack
articulation or detail on front entryways and facades.
• Because the deep 20 -foot setbacks are uniform along this frontage, property
owners cannot add common features such as front porches that may improve
the appearance and functionality of their homes and provide a more pleasant
street frontage.
Based on the additional findings listed below, the Board concludes that granting the
exception will not be contrary to the purpose of the setback regulations; will have no
negative effects on the neighborhood; will not be detrimental to or endanger the
public health, safety, comfort or general welfare; and that, except for the specific
regulations and standards applicable to the exception being considered, the specific
proposed exception, in all other respects, conforms to the applicable regulations or
standards of the zone in which it is to be located:
• The applicant is requesting a 4 -foot setback reduction.
• The principal structure would remain more than 15 feet from the sidewalk and
would maintain the required 5 -foot side setbacks on both sides of the house
as required in the RS -5 zone.
%r'
• The size of the deck (4 feet x 17 feet) is small relative to the width of the
house (51 feet) and the lot width (65 feet).
• The proposed porch would add articulation to the entryway and fagade, which
is considered desirable for residential architecture.
• Other properties on the south side of Spruce Court have uncovered front
porches extending closer to the street than the applicant proposes extending
the roof.
• The addition does not encroach on the sidewalk or block the view from the
driveway.
Based on the findings provided above, the Board concludes that the specific proposed
exception will not be injurious to the use and enjoyment of other property in the
immediate vicinity and will not substantially diminish or impair property values in the
neighborhood and will not impede the normal and orderly development and
improvement of the surrounding property for uses permitted in the zone in which such
property is located.
The Board finds that the neighborhood is fully developed and already has adequate
utilities, roads, drainage, sidewalks and other necessary facilities. The Board finds that
while the Comprehensive Plan does not address this issue directly, it does encourage
reinvestment in Iowa City's established neighborhoods.
Disposition
By a vote of 4 -0 (Grenis absent) the Board approves EXC12- 00012, a special exception to
reduce the front principal building setback from 20 feet to 16 feet in order to allow the,,.
applicant to construct an open -air front porch for property located at 1613 Spruce CoM,
subject to the following conditions:
1. The applicant must secure a building permit. __-
2. The structure must be constructed and maintained as an open -air porct }(.
TIME LIMITATIONS:
All orders of the Board, which do not set a specific time limitation on Applicant action,
shall expire six (6) months from the date they were filed with the City Clerk, unless the
Applicant shall have taken action within such time period to establish the use or
construct the improvement authorized under the terms of the Board's decision. City
Code Section 14 -8C -1 Ed)City of Iowa City, Iowa.
Approved by:
City Attrney6 ice
1Z- 12.-1L
4
STATE OF IOWA
JOHNSON COUNTY
1, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of
Adjustment Decision herein is a true and correct copy of the Decision that was passed
by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 14th day of
November , 2012, as the same appears of record in my Office.
Dated at Iowa City, this Z 1 0, day of
2012
'-Marian K. Karr, City Clerk'
4)
G�
Doc ID: 022778150039 Type: GEN
Kind: SUBDIVISION
Records 12 "Wo12 at 03:34:57 PM r 1
Fee Amt: $197.00 Page 1 of 39 w�
Johnson County Iowar "III
Kim Painter County Recorder �4 ,p =Pi®
BK5025 PG77 -115
CITY OF IOWA CITY
0-0/ 410 East Washington Street
Iowa City, Iowa 52240 -1826
(319)356 -5000
(319) 356 -5009 FAX
STATE OF IOWA ) www.Icgov.org
) SS
JOHNSON COUNTY )
I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached
hereto is a true and correct copy of Resolution No.12 -485, which was passed by the City Council of
Iowa City, Iowa, at a regular meeting held on the 13tH day of November, 2012, all as the same
appears of record in my office. Also attached are the final legal documents for Rochester Ridge
Part Three, Iowa City, Iowa as follows:
1. Subdivider's Agreement
2. Off Site Sanitary Sewer Easement Agreement- Rochester Ridge LLC
3. Off Site Water Main Easement Agreement
4. Off Site Storm Sewer Easement Agreement
5. Off Site Sanitary Sewer Easement Agreement- James & Loretta Clark
6. Mortgagee Consent to Subdivision
7. Certificate of County Auditor - Approval of Subdivision Name
8. Certificate of County Treasurer
9. Attorney's Title Opinion
10. Underground Utility Easement Agreement
11. Owners Certificate
Dated at Iowa City, Iowa, this /�Z day of / f, , ce 2012.
Goj130RATE SEAL
Marian K. Karr
City Clerk
fires subdivision
1�1
STATE OF IOWA )
) SS
JOHNSON COUNTY )
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CITY OF IOWA CITY
410 East Washington Street
Iowa City. Iowa 52240 -1826
(3 19) 356 -5000
(319) 356 -5009 FAX
wwwAcgov.org
I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached
hereto is a true and correct copy of Resolution No. 12 -485, which was passed by the City Council of
Iowa City, Iowa, at a regular meeting held on the 13th day of November, 2012, all as the same
appears of record in my office. Also attached are the final legal documents for Rochester Ridge
Part Three, Iowa City, Iowa as follows:
1. Subdivider's Agreement
2. Off Site Sanitary Sewer Easement Agreement- Rochester Ridge LLC
3. Off Site Water Main Easement Agreement
4. Off Site Storn Sewer Easement Agreement
5. Off Site Sanitary Sewer Easement Agreement- James & Loretta Clark
6. Mortgagee Consent to Subdivision
7. Certificate of County Auditor - Approval of Subdivision Name
8. Certificate of County Treasurer
9. Attorney's Title Opinion
10. Underground Utility Easement Agreement
11. Owners Certificate
Dated at Iowa City, Iowa, this % 4 day of /� cGr� , 2012.
7��� A �,)
Marian K. Karr
City Clerk
Wes subdivision
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5240 (SUB12- 00011)
RESOLUTION NO. 12 -485
RESOLUTION APPROVING FINAL PLAT OF
ROCHESTER RIDGE PART THREE, IOWA CITY, IOWA.
WHEREAS, the owner, Rochester Ridge, LLC, filed with the City Clerk the final plat of Rochester
Ridge Part Three, Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson
County, Iowa, to wit:
Beginning at the Southwest Corner of Lot 11 of Rochester Ridge Part One, in accordance with the
Plat thereof Recorded in Plat Book 56 at Page 60, of the Records of the Johnson County Recorder's
Office; Thence N89 047'16 "E, along the Westerly Line of said Rochester Ridge Part One, a distance of
118.50 feet; Thence S00 012'44 "E, along said Westerly Line, 5.00 feet; Thence N89 °47'16 "E, along
said Westerly Line, 70.00 feet; Thence N00 012'44 "W, along said Westerly Line, 59.97 feet; Thence
N89 047'16 "E, along said Westerly Line, 70.00 feet; Thence N87 °46'03 "E, along said Westerly Line,
62.51 feet; Thence N88 055'42 "E, along said Westerly Line, 153.28 feet; Thence S46 011'28 "E, along
said Westerly Line, 156.79 feet; Thence S18 037'06 "E, along said Westerly Line, 101.84 feet; Thence
S08 °51'25 "E, along said Westerly Line, 97.49 feet; Thence S01 002'46 "E, along said Westerly Line,
28.00 feet; Thence S30 °51'13 "W, along said Westerly Line, 35.46 feet; Thence S82 028'18 "W, along
said Westerly Line, 114.00 feet; Thence Southeasterly, 74.60 feet, along said Westerly Line on a
363.00 foot radius curve, concave Northeasterly, whose 74.47 foot chord bears S13 024'57 "E; Thence
S19 018'11 "E, along said Westerly Line, 41.20 feet; Thence Southeasterly, 99.54 feet, along said
Westerly Line on a 313.00 foot radius curve, concave Southwesterly, whose 99.12 foot chord bears
S10 011'33 "E; Thence S01 004'55 "E, along said Westerly Line, 27.12 feet, to the Southwest Corner of
said Rochester Ridge Part One, and a point on the North Line of Oakwoods Addition, Part 7, in
accordance with the Plat thereof Recorded in Plat Book 14, at Page 20 of the Records of the Johnson
County Recorder's Office; Thence S88 °55'05 "W, along said North Line, 219.43 feet to the Northwest
Corner of said Oakwoods Addition, Part 7; Thence N09 009'24 "E, 144.20 feet; Thence N21 056'20 "W,
102.98 feet; Thence N00 012'44 "W, 194.94 feet; Thence S89 °47'16 "W, 108.35 feet; Thence
Southwesterly, 39.27 feet, along a 25.00 foot radius curve, concave Southeasterly, whose 35.36 foot
chord bears S44 047'16 "W; Thence S00 012'44 "E, 5.00 feet; Thence S89 04716 "W, 50.00 feet; Thence
Northwesterly, 39.27 feet, along a 25.00 foot radius curve, concave Southwesterly, whose 35.36 foot
chord bears N45 012'44 "W; Thence S89 047'16 "W, 108.50 feet, to a Point on the East Line of the
Parcel of Land conveyed by Warranty Deed, as Recorded in Book 695 at Page 41, of the Records of
the Johnson County Recorder's Office; Thence N00 °12'44 "W, along said East Line, 127.00 feet, to the
Point of Beginning. Said Tract of land contains 4.49 Acres, and is subject to easements and
restrictions of record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with the
free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(2011) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
Resolution No. 12 -485
Page 2
The said final plat and subdivision located on the above - described real estate be and the
same are hereby approved.
2. The City accepts the dedication of the streets and easements as provided by law and
specifically sets aside portions of the dedicated land, namely streets, as not being open for
public access at the time of recording for public safety reasons.
3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said
subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after
passage and approval by law. The City Clerk shall record the legal documents and the plat at
the office of the County Recorder of Johnson County, Iowa at the expense of the
ownedsubdivider.
Passed and approved this 13th day of November _'201 2
MAYOR
Approved by
ATTEST: Aa,
CITY UERK 4ityAtfo6rney's Office to y,Z
It was moved by Trims and seconded by Payne the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
Dobyns
x Champion
x Dickens
_x Hayek
x Mims
X Payne
x Throgmorton
PCdltemplateslFlnal Plat - Resolution doe doe k�\
Prepared by and Return to: Lars G. Anderson, P.O. Box 2820, Iowa City, IA 52245 (319)354-0331
SUBDIVIDER AGREEMENT
ROCHESTER RIDGE PART THREE - IOWA CITY, IOWA
THIS AGREEMENT, made by and between Rochester Ridge, L.L.C.,
hereinafter called "Subdivider ", and the City of Iowa City, Iowa, a
municipal corporation, hereinafter called the "City ".
WITNESSETH:
SECTION 1. PUBLIC IMPROVEMENTS.
In consideration of the City approving the final plat of
Rochester Ridge Part Three, Iowa City, Iowa, an Addition to the City
of Iowa City, Iowa, the Subdivider agrees, as a covenant running with
the land that, except as provided in this Agreement, the City shall
not issue any building permit on any lots in said subdivision unless
and until sanitary sewers, water mains, storm sewers, tile lines,
off -site walkway /trail, certain sidewalk adjacent to Westminster
Street abutting Outlet C of Rochester Ridge - Part One and concrete
paving have been installed in the subdivision as required by the
City's Subdivision Ordinance, and the terms stated herein, and until
said public improvements have been accepted by the City, and
subdivision erosion control measures have been installed and approved
as required by the City of Iowa City, Iowa, under its ordinances.
The Subdivider shall install a six foot (6') wide (off -site)
concrete walkway /trail located within the "20.0' public access
easement" crossing Outlet C, as shown on the final plat of Rochester
Ridge - Part One. The walkway /trail shall be constructed according
to the plans and specifications approved by the City Engineer, and
shall be installed with the paving of Westminster Street.
The Subdivider shall install a certain sidewalk 4' in width
adjacent to the east side of Westminster Street abutting Outlet C of
Rochester Ridge - Part One. Said sidewalk shall be constructed with
the paving of Westminster Street.
1�1
The sanitary sewers, water mains, storm sewers, the lines,
concrete paving, off -site walkway /trail, and certain sidewalks are
hereinafter referred to as "Improvements ".
Nothing in this Agreement shall be construed to impose a
requirement on the City to install the original public improvements at
issue herein. Nor shall the Subdivider be deemed acting as the City's
agent during the original construction and installation of said
Improvements. The parties agree that the obligation to install the
public improvement(s) herein shall be in accordance with City
specifications, and the obligation shall remain on the Subdivider, and
a lien on the various lots within the subdivision until completion by
the Subdivider, and until acceptance by the City, as by law provided.
SECTION 2. STORM WATER MANAGEMENT ORDINANCE COMPLIANCE AND COVENANT.
The parties agree that Rochester Ridge Part Three shall be served
by the Stormwater Detention Facility ( "Facility ") located upon Outlot
"C ", Rochester Ridge Part One. All lots within Rochester Ridge Part
Three shall be part of the Homeowners Association formed in part for
purposes of owning and maintaining Outlot "C ", including the Stormwater
Detention Facility. Subdivider agrees that the duty to maintain the
Facility shall remain on the Subdivider, the present owner of the
Facility, and Subdivider's successors and assigns in interest,
including a non - profit owners association formed in part for that
purpose. Said maintenance shall comply with the City's Storm Water
Management Ordinance and the terms of the Subdivider's Agreement for
Rochester Ridge Part One.
SECTION 3. CONSTRUCTION OF IMPROVEMENTS.
All Improvements described in Section 1 of this Agreement shall be
constructed and installed by the Subdivider according to the plans and
specifications approved by the City Engineer of the City of Iowa City,
Iowa, who shall have the right to make occasional inspection of the
work in progress. Such inspections shall not relieve or release the
Subdivider from their responsibility to construct said improvements
pursuant to the approved plans and specifications. Further, said
inspections shall not create a duty or obligation on the part of the
City to insure or certify that said improvements are constructed in
conformance with said plans and specifications.
SECTION 4. SIDEWALKS.
The Subdivider agrees that it will install sidewalks abutting each
of the lots in said subdivision adjacent to Teton Circle and
Westminster Street. Said sidewalks shall be constructed according to
plans and specifications approved by the City Engineer of the City of
Iowa City, Iowa and shall have the following widths:
4' wide adjacent to Teton Circle south of Westminster Street.
2
4' wide adjacent to Westminster Street east of Teton Circle.
5' wide adjacent to Teton Circle north of Westminster Street.
5' wide adjacent to Westminster Street west of Teton Circle.
The sidewalks shall be installed in the subdivision covered by this
Agreement as required by Section 15 -3 -3, Iowa City Code of Ordinances,
and shall remain a lien on each abutting lot until installed and
released by the City, and the Release duly recorded in the Johnson
County Recorder's Office.
The Subdivider or its successor(s), shall install the sidewalks
abutting each numbered lot in the subdivision when each such lot is
developed.
SECTION 5. BUILDING PERMIT AND ESCROW MONIES.
In the event the Subdivider should desire a building permit on any
lot in said subdivision before the Improvements have been installed,
the Subdivider shall deposit with the City Clerk in escrow an amount
equal to the estimated cost of said Improvements plus ten percent (100)
thereof as determined by the City Engineer's Office of the City of Iowa
City, Iowa (hereinafter the "Improvements Escrow ").
In addition to the Improvements Escrow, if Subdivision Erosion
Control measures have not been installed, with ground cover established
by growth, the City may require, as a condition to the issuance of the
first building permit for construction within the subdivision, that the
Subdivider deposit in escrow with the City the sum of $2,000.00 (the
"Erosion Clean -Up Escrow ") to assure reimbursement for the cost of
cleaning public streets, storm sewers, gutters or catch basins, which
may be incurred by the City as a result of erosion from any lot in the
Subdivision. The Subdivider shall be responsible for the cost of any
such clean -up after and to the extent that the Subdivider fails to
accomplish erosion clean -up after reasonable notice from the City, the
City is hereby authorized, but not obligated, to do the work and to
charge the cost thereof to the Erosion Clean -up Escrow, if adequate,
and to charge any excess costs to the Subdivider. If the Erosion
Clean -Up Escrow is insufficient to pay the costs incurred by the City,
the Subdivider shall promptly reimburse the City for the excess costs
incurred. The unused balance of the Erosion Clean -up Escrow shall be
returned to the Subdivider or depositer after erosion control measures
have been installed, and ground cover has been established by growth.
After the Erosion Clean -up and Improvements Escrows have been
established, the building inspector of the City is authorized to issue
a building permit if the applicant is in compliance with all other
applicable requirements and ordinances of the City.
SECTION 6. OCCUPANCY PERMIT.
Prior to the issuance of an occupancy permit for any building
3
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erected pursuant to Section 5, the City, in its discretion, may require
the Subdivider to construct and install the Improvements, and sidewalks
as required by this Agreement.
SECTION 7. USE OF ESCROW MONIES FOR IMPROVEMENTS.
If, after the issuance of an occupancy permit, the Improvements
have not been constructed and installed, the City may use any funds
deposited in the Improvements Escrow to construct and install the
improvements. If the cost of construction and installing of said
Improvements exceeds the amount of said escrow, the City shall have a
lien and charge against all the lots in the subdivision for the balance
of the costs.
The City shall refund to the Subdivider or depositor any
Improvements Escrow monies not used by the City for the construction
and installation of the Improvements.
SECTION 8. WAIVER.
If Subdivider sells or conveys lots in said subdivision without
constructing or installing the Improvements: or the Subdivider fails to
construct sidewalks required in Section 4 hereof, the City shall have
the right to install and construct said Improvements, or sidewalks.
Subdivider acknowledges and agree that all lots in the subdivision are
specifically benefited by the Improvements, so that the cost of the
installation shall be a lien and charge against all of the lots in the
subdivision under the provisions of Chapter 384 of the 2011 Code of
Iowa, as amended. The cost of Improvements need not meet the
requirements of notice, benefit or value as provided by the law of the
State of Iowa for assessing such Improvements. The cost of installing
the sidewalks shall be a lien and charge only against the lot or lots
abutting or in front of which sidewalks are installed. It is further
provided that this requirement to construct the Improvements, or
sidewalks is and shall remain a lien against the lots in the
subdivision from the date of execution of this Agreement until properly
released, as herein provided.
SECTION 9. RELEASE.
The City agrees that when the Improvements have been installed to
the satisfaction of the City, it will upon request promptly issue to
the Subdivider, for recording in the office of the County Recorder of
Johnson County, Iowa, good and sufficient release to the lots in said
subdivision so that this Agreement will not constitute a cloud upon the
title of the lots in said subdivision. A separate sidewalk lien release
shall be issued where appropriate. The City Manager or designee is
hereby authorized to execute the releases required by this section with
the concurrence of the City Engineer and City Attorney, and to execute
one or more limited release agreements based on the use of escrows as
contemplated in Section 5 above.
4
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SECTION 10. STREET MAINTENANCE.
The Subdivider agrees that the public services, including but not
limited to street maintenance, traffic control, snow removal and
rubbish and trash collection, need not be extended to any part in said
subdivision until the pavement is installed and accepted by the City.
SECTION 11. NEIGHBORHOOD OPEN SPACE.
Subdivider also agrees to pay the City $5,887.00 in lieu of
dedicating 4,672 sq. feet for neighborhood open space pursuant to the
provisions of Section 14 -5K -6 of the Iowa City Code of Ordinances,
which fee shall be paid prior to the issuance of building permits for
lots within the Subdivision. This fee shall be deposited and
administrated according to Section 14 -5K -6 of the Iowa City Code of
Ordinances.
SECTION 12. SUCCESSORS AND ASSIGNS.
The provisions of this Agreement shall inure to the benefit of and
bind the successors and assigns of the respective parties hereto and
all covenants shall be deemed to apply to and run with the land and
with title to the land.
SECTION 13. EFFECT OF PLAT NOTES.
Plat notes and surveyor's notes on plats serve to provide notice
of how a subdivision is expected to develop. Said notes are not
intended to create any vested private interest in any stated use
restriction or covenant, or create any third party beneficiaries to any
noted use restriction or covenant. The City reserves the right, in its
sole discretion, subject to any applicable public notice and approval
process required by law, to alter or amend any plat note, or to sell or
vacate any right -of -way, street, alley, park, easement, open area or
other land set apart and dedicated for public use within the plat. The
City further reserves the right, upon request of the owner or successor
in interest, to vacate the plat and /or relocate any easement, alter lot
boundaries or allow said land to be replatted subject to any applicable
public notice and approval process required by law.
SECTION 14. ALL UTILITIES TO BE UNDERGROUND.
The Subdivider agrees that all electrical, telephone, and cable
television service distribution lines installed in this subdivision
shall be installed underground.
SECTION 15. WATER MAIN EXTENSION FEE.
The Subdivider agrees that no building permit will be issued for
any lot in Rochester Ridge Subdivision Part Three until the Subdivider
has paid to the City a water main extension fee of $1,773.55.
5
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SECTION 16. CONDITIONAL ZONING AGREEMENT. The Subdivider acknowledges
it is bound by the terms and conditions of the Conditional Zoning
Agreement recorded at Book 4768, Page 604 -612.
SECTION 17. SUB- DRAINAGE SYSTEM
Basements are permitted to be constructed on all lots in this
subdivision. However, basements of dwellings constructed on all lots
are subject to the following conditions and restrictions: Basements
shall be equipped with a sump pump and adequate foundation tile with
discharge in to the subsurface drainage system located adjacent to
Westminster Street and Teton Circle. Proper installation of the sump
pump and foundation tile shall be the sole responsibility of the
Subdivider and /or contractor, and the City shall not be responsible for
inspecting the installation of the sump pump and foundation tile.
Discharge of the roof drains and downspouts of dwellings into the
subsurface drainage system is prohibited. To ensure compliance with
these provisions, the property owner's registered engineer shall
certify the following:
1. There is no discharge of roof drains and downspouts of
dwellings into the subsurface drainage system; and
2. The foundation tile and sump pump have been properly
installed to said subsurface drainage system located adjacent
to Westminster Street and Teton Circle.
SECTION 18. MISCELLANEOUS.
A. No fences shall be permitted in any area designated on the
Final Plat as "DRAINAGE EASEMENT ".
B. Construction fencing shall be maintained around the drip line
of all trees noted on the Sensitive Areas Development Plan to be
protected until construction has been completed on the respective lots.
Fencing shall be installed prior to the commencement of any grading,
clearing or other site improvements.
C. No tree removal, grading, or other site preparation may occur
at the site until after a pre- construction meeting is held between the
City development regulations specialist and the contractor responsible
for tree removal and /or grading and /or site preparation.
Dated this day of Ocher, 2012.
SUBDIVIDER:
ROCHESTER RIDGE, L.L.C.
by: Jes e Allen, Member and Manager
STATE OF IOWA
ss: I
JOHNSON COUNTY
This instrument was acknowledged before me on the 'G day of ect6^ner,
2012 by Jesse Allen, Member and Manager of Rochester Ridge
L ,'°'4re LARSG. ANDER
(Stamp or Sea' _ CanrelonNumbef.
MMgGlommissio�,BI!(ks otary Public and for the State of Iowa
CITY OF IOWA CITY, IOWA
by: Matthew k, Mayor
State of Iowa
ATTEST
�ez
.- 2�
Marian K. Karr, City Clerk
) ss:
Johnson County )
Lc!Ge✓x -�i
This instrument acknowledged before me this 50— day of e--, 2012
by Matthew J. Hayek and Marian K. Karr, Mayor and City Clerk respectively of
the City of Iowa City, Iowa.
(stamp or seal)
otary Public in and for the State of Iowa
PC�A <J` KELLIE K. TUTTLE
z °! Commission Number 221819
•t? My C Issio Ex ires
otm I
7
Prenarer I.D.: Lars G. Anderson 123N. Linn St., Suite 300, P.O. Box 2820, Iowa City, IA 52244 -2820, (319)354 -0331
OFF SITE SANITARY SEWER EASEMENT AGREEMENT
ROCHESTER RIDGE PART THREE — IOWA CITY, IOWA
THIS AGREEMENT made by and between Rochester Ridge LLC,
hereinafter called "Owner /Subdivider ", and the City of Iowa City,
Iowa, a municipal corporation, hereinafter called the "City ".
WITNESSETH:
It is hereby agreed as follows:
For the sum of $1.00 plus other valuable consideration, the
receipt of which is hereby acknowledged, Owner /Subdivider hereby
grants and conveys to the City an easement for the purposes of
excavating for and the installation, replacement, maintenance and
use of such sewage lines, pipes, mains, and conduits as the City
shall from time to time elect for conveying sewage, with all
necessary appliances and fittings, for the use in connection with
said pipe lines, together with adequate protection therefor, and
also a right of way, with the right of ingress and egress thereto,
over and across the areas on "25.00' Wide Sanitary Sewer Easement"
on the attached Plat hereafter described as "easement areas,"
Owner /Subdivider further grants to the City:
1. The right of grading said easement areas for the full width
thereof, and to extend the cuts and fills for such grading into and
onto said lands along and outside of the said easement areas to
such extent as the City may find reasonably necessary.
2. The right from time to time to trim, cut down and clear
away any and all trees and brush on said easement areas and also to
trim, cut down and clear away any trees on either side of said
easement areas which now or hereafter in the opinion of the City
may be a hazard to said easement areas, or which may interfere with
the exercise of the City's rights hereunder in any manner.
The City shall promptly backfill any trench made by it, and
repair any damages caused by the City within the easement area. The
City shall indemnify owner/ Subdivider against unreasonable loss or
damage which may occur in the negligent exercise of the easement
rights by the City. Except as expressly provided herein, the City
shall have no responsibility for maintaining the easement area.
Owner /Subdivider reserves the right to use said easement areas
for purposes which will not interfere with the City's full
enjoyment of the rights hereby granted; provided that the
Owner/ Subdivider shall not erect or construct any building, fence,
retaining wall, or other structure, plant any trees, drill or
operate any well, or construct any reservoir or other obstruction
on said areas, or diminish or substantially add to the ground cover
over said easement areas.
Owner /Subdivider does hereby covenant with the City that it is
lawfully seized and possessed of the real estate above described,
and that it has a good and lawful right to convey it, or any
thereof.
Nothing in this Agreement shall be construed to impose a
requirement on the City to install the original public improvement
at issue herein. Nor shall Owner /Subdivider be deemed acting as
the City's agent during the original construction and installation
of said improvement. Parties agree that the obligation to install
the public improvement(s) herein shall be in accordance with City
specifications, and the obligation shall remain on Owner/ Subdivider
until completion and until acceptance by the City, as by law
provided.
The provisions hereof shall inure to the benefit of and bind
the successors and assigns of the respective Parties hereto, and
all covenants shall apply to and run with the land and with the
title to the land.
Dated this day of November, 2012.
OWNER /SUBDIVIDER:
ROCHESTER RIDGE, L.L.C.
�r —
By: J sse llen, Member and Manager
STATE OF IOWA
ss:
JOHNSON COUNTY
This instrument was acknowledged before me on the �C day of
November, 2012 by Jesse Allen, as Manager and Member of Rochester
Ridge, L.L.C.
� =ANDERS ON (Stamp OT yg 0422res Notary Public in and for said State
low
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CITY:
CITY OF IOWA CITY, IOWA
A
by: Matthew J. Haye ayor
State of Iowa
ATTEST
L4,°. • 2�Lz t O
Maria K. Karr, City Clerk
) ss:
Johnson County )
l�Cernbe�
This instrument acknowledged before me this `J+-k day of
2012 by Matthew J. Hayek and Marian K. Karr, Mayor and City Clerk
respectively of the City of Iowa City, Iowa.
(stamp or seal)
Notary Public in and for the State of Iowa
.�AN�- I<ELLIE K. TUTTLE
o ,f��sy ';_ ,mmisslon Number 221819
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Preuarer LD.: Lars G. Anderson, 123 N. Linn St., Suite 300, P.O. Box 2820, Iowa City, 1A 52244 -2820, (319)354 -0331
OFF SITE WATER MAIN EASEMENT AGREEMENT
ROCHESTER RIDGE PART THREE - IOWA CITY, IOWA
THIS AGREEMENT made by and between Rochester Ridge LLC,
hereinafter called "Owner /Subdivider ", and the City of Iowa City,
Iowa, a municipal corporation, hereinafter called the "City ".
WITNESSETH:
It is hereby agreed as follows:
For the sum of $1.00 plus other valuable consideration, the
receipt of which is hereby acknowledged, Owner /Subdivider hereby
grants and conveys to the City an easement for the purposes of
excavating for and the installation, replacement, maintenance and
use of such water lines, pipes, mains, and conduits, as the City
shall from time to time elect for conveying water, with all
necessary appliances and fittings, for the use in connection with
said pipe lines, together with adequate protection therefor, and
also a right of way, with the right of ingress and egress thereto,
over and across the area designated as "15.00' Wide Water Main
Easement" on the attached Plat hereafter described as "easement
areas."
Owner /Subdivider further grants to the City:
1. The right of grading said easement areas for the full
width thereof, and to extend the cuts and fills for such grading
into and onto said lands along and outside of the said easement
areas to such extent as the City may find reasonably necessary.
2. The right from time to time to trim, cut down and clear
away any and all trees and brush on said easement areas and also to
trim, cut down and clear away any trees on either side of said
easement areas which now or hereafter in the opinion of the City
may be a hazard to said easement areas, or which may interfere with
the exercise of the City's rights hereunder in any manner.
The City shall promptly backfill any trench made by it, and
repair any damages caused by the City within the easement areas.
The City shall indemnify Owner/ Subdivider against unreasonable loss
or damage which may occur in the negligent exercise of the easement
rights by the City. Except as expressly provided herein, the City
shall have no responsibility for maintaining the easement areas.
A\
Owner /Subdivider reserves the right to use said easement areas
for purposes which will not interfere with the City's full
enjoyment of the rights hereby granted, provided that
Owner/ Subdivider shall not erect or construct any building, fence,
retaining wall, or other structure, plant any trees, drill or
operate any well, or construct any reservoir or other obstruction
on said areas, or diminish or substantially add to the ground cover
over said easement areas.
Owner /Subdivider does hereby covenant with the City that it is
lawfully seized and possessed of the real estate above described,
and has good and lawful right to convey it, or any part thereof.
Nothing in this Agreement shall be construed to impose a
requirement on the City to install the original public improvement
at issue herein. Nor shall Owner /Subdivider be deemed acting as
the City's agent during the original construction and installation
of said improvement. Parties agree that the obligation to install
the public improvement(s) herein shall be in accordance with City
specifications, and the obligation shall remain on Owner/ Subdivider
until completion and until acceptance by the City, as by law
provided.
The provisions hereof shall inure to the benefit of and bind
the successors and assigns of the respective Parties hereto, and
all covenants shall apply to and run with the land and with the
title to the land.
Dated this JW\ day
of November, 2012.
OWNER /SUBDIVIDER:
ROCHESTER RIDGE, L.L.C.
IL-- 9 I _
by: esa6 Allen, Member and Manager
STATE OF IOWA
) ss:
JOHNSON COUNTY ) /
This instrument was acknowledged before me on the day of
November, 2012 by Jesse Allen, as Manager and Member of Rochester
Ridge, L.L.C.
( Stamp og' "Q@@ d S G. ANDERSON
2 Commission Number 180422 Notar Public in and for said State
My Commission Expires y
WOW July 25, 2013
0�
CITY:
CITY OF IOWA CITY, IOWA ATTEST
A W &� A e��� &. yC %trl
by: Matthew J. Hayek, ayor Maria K. Karr, City Clerk
State of Iowa
) ss:
Johnson County )
This instrument acknowledged before me this 64-4 da of De 3 her
Y
2012 by Matthew J. Hayek and Marian K. Karr, Mayor and City Clerk
respectively of the City of Iowa City, Iowa.
(stamp or seal) )2e,( -ll-C'K
Notary Public in and for the State of Iowa
�wrs KELLIE K.7UTTLE
o Commission Number 2.2
My Commise Expires
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Pre"arer I.D.: Lars G. Anderson, 123 N. Linn St., Suite 300, P.O. Box 2820, Iowa City, IA 52244-2820,(319)354-0331
OFF SITE STORM SEWER EASEMENT AGREEMENT
ROCHESTER RIDGE PART THREE - IOWA CITY, IOWA
THIS AGREEMENT made by and between Rochester Ridge LLC,
hereinafter called "Owner /Subdivider ", and the City of Iowa City,
Iowa, a municipal corporation, hereinafter called the "City ".
WITNESSETH:
It is hereby agreed as follows:
For the sum of $1.00 plus other valuable consideration, the
receipt of which is hereby acknowledged, Owner /Subdivider hereby
grants and conveys to the City an easement for the purposes of
excavating for and the installation, replacement, maintenance and
use of such storm sewer lines, pipes, mains, conduits, swales,
ditches and channels as the City shall from time to time elect for
conveying storm water, with all necessary appliances and fittings
for the use in connection with said pipe lines, together with
adequate protection therefor, and also a right of way, with the
right of ingress and egress thereto, over and across the area
designated as "Storm Sewer Easement ", as shown on the attached Plat
and referred to herein as "easement areas."
Owner /Subdivider further grants to the City:
1. The right of grading said easement area for the full width
thereof, and to extend the cuts and fills for such grading into and
onto said lands along and outside of the said easement area, to
such extent as the City may find reasonably necessary.
2. The right from time to time to trim, to cut down and clear
away any and all trees and brush on said easement area, and also to
trim, cut down and clear away any trees on either side of said
strip which now or hereafter in the opinion of the City may be a
)`\
hazard to said easement areas or which may interfere with the
exercise of the City's rights hereunder in any manner.
The City shall promptly backfill any trench made by it, and
repair any damages caused by the City within the easement area. The
City shall indemnify Owner/ Subdivider against unreasonable loss or
damage which may occur in the negligent exercise of the easement
rights by the City. Except as expressly provided herein, the City
shall have no responsibility for maintaining the easement area.
Owner /Subdivider reserves the right to use said easement areas
for purposes which will not interfere with the City's full
enjoyment of the rights hereby granted; provided that the
Owner/ Subdivider shall not erect or construct any building, fence,
retaining wall, or other structure, plant any trees, drill or
operate any well, or construct any reservoir or other obstruction
on said area, or diminish or substantially add to the ground cover
over said easement areas.
Owner/ Subdivider does hereby covenant with the City that it is
lawfully seized and possessed of the real estate above described,
and that they have a good and lawful right to convey it, or any
part thereof.
Nothing in this Agreement shall be construed to impose a
requirement on the City to install the original public
improvements) at issue herein. Nor shall Owner /Subdivider be
deemed acting as the City's agent during the original construction
and installation of said improvement. Parties agree that the
obligation to install the public improvements) herein shall be in
accordance with City specifications, and the obligation shall
remain on Owner /Subdivider until completion by Owner/ Subdivider,
and until acceptance by the City, as provided by law.
The provisions hereof shall inure to the benefit of and bind
the successors and assigns of the respective parties hereto, and
all covenants shall apply to and run with the land and with the
title to the land.
Dated this rG �G day of November, 2012.
OWNER /SUBDIVIDER:
ROCHESTER RIDGE, L.L.C.
%�-
By: Jess Allen, Member and Manager
STATE OF IOWA
i ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on the �G day
of November, 2012 by Jesse Allen, as Manager and Member of
Rochester Ridge, L.L.C.
(Stamp or Seal)
=ANDER ON 80422 ire s CITY: ow
CITY OF IOWA CITY, IOWA
by: Matthew J. Haye , Mayor
State of Iowa
Notary Public in and for said State
ATTEST
,�riiL>�iu�
Marian K. Karr, City Clerk
) ss:
Johnson County )
i �1 LG2/N 62r
This instrument acknowledged before me this 5411 day of N*zL-
2012 by Matthew J. Hayek and Marian K. Karr, Mayor and City Clerk
respectively of the City of Iowa City, Iowa.
(stamp or seal) [ [r L° K �uvZT�
Notary Public in and for the State of Iowa
IE
Comm ssion Number 221810
�e�— spy Commissi nExpires
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Preparer I.D.: Lars G. Anderson, 123 N. Linn St., Snite 300, P.O. Box 2820, Iowa City, 1A 52244 -2820, (319)354 -0331
OFF SITE SANITARY SEWER EASEMENT AGREEMENT
ROCHESTER RIDGE PART THREE - IOWA CITY, IOWA
THIS AGREEMENT made by and between James A. Clark and Loretta
C. Clark, hereinafter called "Owner ", and Rochester Ridge LLC,
hereinafter called "Subdivider ", and the City of Iowa City, Iowa,
a municipal corporation, hereinafter called the "City ".
WITNESSETH:
It is hereby agreed as follows:
For the sum of $1.00 plus other valuable consideration, the
receipt of which is hereby acknowledged, Owner hereby grants and
conveys to the Subdivider and the City an easement for the purposes
of excavating for and the installation, replacement, maintenance
and use of such sewage lines, pipes, mains, and conduits as the
City shall from time to time elect for conveying sewage, with all
necessary appliances and fittings, for the use in connection with
said pipe lines, together with adequate protection therefor, and
also a right of way, with the right of ingress and egress thereto,
over and across the areas designated as "25.00' wide Sanitary Sewer
Easement" on the attached Plat hereafter described as "easement
areas."
Owner further grants to the City:
1. The right of grading said easement areas for the full width
thereof, and to extend the cuts and fills for such grading into and
onto said lands along and outside of the said easement areas to
such extent as the Subdivider and the City may find reasonably
necessary.
2. The right from time to time to trim, cut down and clear
away any and all trees and brush on said easement areas and also to
trim, cut down and clear away any trees on either side of said
easement areas which now or hereafter in the opinion of the City
may be a hazard to said easement areas, or which may interfere with
the exercise of the Subdivider's and the City's rights hereunder in
any manner.
Subdivider and the City shall promptly backfill any trench made
by it, and repair any damages caused by the Subdivider and the City
within the easement area. The Subdivider and the City shall
Yl\\
indemnify Owner against unreasonable loss or damage which may occur
in the negligent exercise of the easement rights by the Subdivider
and the City. Except as expressly provided herein, the Subdivider
and the City shall have no responsibility for maintaining the
easement area.
Owner reserves the right to use said easement areas for
purposes which will not interfere with the Subdivider's and the
City's full enjoyment of the rights hereby granted; provided that
the Owner shall not erect or construct any building, fence,
retaining wall, or other structure, plant any trees, drill or
operate any well, or construct any reservoir or other obstruction
on said areas, or diminish or substantially add to the ground cover
over said easement areas.
Owner does hereby covenant with the Subdivider and the City
that it is lawfully seized and possessed of the real estate above
described, and that it has a good and lawful right to convey it, or
any thereof.
Nothing in this Agreement shall be construed to impose a
requirement on the Subdivider and the City to install the original
public improvement at issue herein. Nor shall Owner be deemed
acting as the City's agent during the original construction and
installation of said improvement. Parties agree that the
obligation to install the public improvement(s) herein shall be in
accordance with City specifications, and the obligation shall
remain on Subdivider until completion and until acceptance by the
City, as by law provided.
The provisions hereof shall inure to the benefit of and bind
the successors and assigns of the respective Parties hereto, and
all covenants shall apply to and run with the land and with the
title to the land.
Dated this 14 L day of November, 2012.
OWNERS:
n A. Clark
r STATE OF IOWA )
f�,Z�
Lore to C. Clark
) ss:
JOHNSON COUNTY )
This instrument acknowledged before me this 2-✓ day of November,
2012 by James A. Clark and Loretta C. rk, husb d and w
(Stamp or Seal) '--
Notary Public in and for said State
AMANDA SCOTT
Commission No. 784743
My nl/ n pirea
i�
N\
SUBDIVIDER:
ROCHESTER RIDGE, L.L.C.
/"
By: JVsse lien, Member and Manager
STATE OF IOWA
) as:
JOHNSON COUNTY )
This instrument was acknowledged before me on the Vk day of
November, 2012 by Jesse Allen, as Manager and Member of Rochester Ridge,
L.L.C.
SUZAt�{j�E E. SHEBEK
( C ?ils er 713257
My Commission Expires
row Oclober 26, 2073 Nota 'Public in and for said State
CITY:
CITY OF IOWA CITY, IOWA
n
by: Matthew J. Hayek, Mayor
State of Iowa
ATTEST
Marivrn K. Karr, City Clerk
)ss:
Johnson County )
c !JeC>a Ivy
This instrument acknowledged before me this J�k day of
2012 by Matthew J. Hayek and Marian K. Karr, Mayor and City Clerk
respectively of the City of Iowa City, Iowwaa. /
(stamp or seal) L��� /�
Notary Public in and for the State of Iowa
teA�'ti a KELLIE K. TUTTLE
i Commission Number 22181
r 9
My Co miss' n Expires
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Prepared by: Lars G. Anderson, 123 N. Linn St., Suite 300, P.O. Box 2820, Iowa City, IA 52244, (319) 354 -0331
MORTGAGEE CONSENT TO SUBDIVISION
The undersigned, on behalf of Hills Bank and Trust Company,
states that Hills Bank and Trust Company holds a mortgage on the
property described below included within Rochester Ridge Part Three
Subdivision. That mortgage is as follows:
1. A mortgage dated August 16, 2011,recorded September 7,
2011, in Book 4800, Page 55, Johnson County Recorder's Office.
The property included within Rochester Ridge Part Three
Subdivision is described as follows:
A portion of the Southwest Quarter of the Northeast
Quarter of Section 12, Township 79 North, Range 6 West of
the Fifth Principal Meridian, Iowa City, Johnson County,
Iowa, described as follows: Beginning at the Southwest
Corner of Lot 11 of Rochester Ridge Part One, in
accordance with the Plat thereof Recorded in Plat Book 56
at Page 60, of the Records of the Johnson County
Recorder's Office; Thence N89 047116 "E, along the Westerly
Line of said Rochester Ridge Part One, a distance of
118.50 feet; Thence S00 012144 11E, along said Westerly
Line, 5.00 feet; Thence N89 047116 "E, along said Westerly
Line, 70.00 feet; Thence N00 012'44 "W, along said Westerly
Line, 59.97 feet; Thence N89 047116 11E, along said Westerly
Line, 70.00 feet; Thence N87 046103 "E, along said Westerly
Line, 62.51 feet; Thence N88 055142 11E, along said Westerly
Line, 153.28 feet; Thence S46 °11'28 "E, along said
Westerly Line, 156.79 feet; Thence S18 °37106 "E, along
said Westerly Line, 101.84 feet; Thence S08 °51'25 "E,
along said Westerly Line, 97.49 feet; Thence S01 °02'46 "E,
along said Westerly Line, 28.00 feet; Thence S30 °51'13 "W,
along said Westerly Line, 35.46 feet; Thence S82 °28'18 "W,
q\
along said Westerly Line, 114.00 feet; Thence
Southeasterly, 74.60 feet, along said Westerly Line on a
363.00 foot radius curve, concave Northeasterly, whose
74.47 foot chord bears S13 024157 "E; Thence S19 018'11 "E,
along said Westerly Line, 41.20 feet; Thence
Southeasterly, 99.54 feet, along said Westerly Line on a
313.00 foot radius curve, concave Southwesterly, whose
99.12 foot chord bears S10 °11133 "E; Thence SO1 °04'55 "E,
along said Westerly Line, 27.12 feet, to the Southwest
Corner of said Rochester Ridge Part One, and a point on
the North Line of Oakwoods Addition, Part 7, in
accordance with the Plat thereof Recorded in Plat Book
14, at Page 20 of the Records of the Johnson County
Recorder's Office; Thence S88 055'05 "W, along said North
Line, 219.43 feet to the Northwest Corner of said
Oakwoods Addition, Part 7; Thence N09 009124 "E, 144.20
feet; Thence N21 056'20 "W, 102.98 feet; Thence
N00 012144 "W, 194.94 feet; Thence S89 047'16 "W, 108.35
feet; Thence Southwesterly, 39.27 feet, along a 25.00
foot radius curve, concave Southeasterly, whose 35.36
foot chord bears S44 047116 "W; Thence S00 012144 11E, 5.00
feet; Thence S89 047116 11W, 50.00 feet; Thence
Northwesterly, 39.27 feet, along a 25.00 foot radius
curve, concave Southwesterly, whose 35.36 foot chord
bears N45 012144 "W; Thence S89 °47'16 "W, 108.50 feet, to a
Point on the East Line of the Parcel of Land conveyed by
Warranty Deed, as Recorded in Book 695 at Page 41, of the
Records of the Johnson County Recorder's Office; Thence
N00 °12'44 "W, along said East Line, 127.00 feet, to the
Point of Beginning. Said Tract of land contains 4.49
Acres, and is subject to easements and restrictions of
record.
The undersigned, on behalf of Hills Bank and Trust Company,
states that said bank consents to the subdivision of the above -
described property into Rochester Ridge Part Three Subdivision and
hereby releases any and all liens against those portions of the
property dedicated to the public.
iM
Dated as of this (.5— day of November, 2012.
Hills Bank and Trust Company
`li'15J�1� o�rw•
by.
''ere M. Provin, Commercial
Ban ng Officer
tl�
STATE OF IOWA )
)ss:
JOHNSON COUNTY ) A'nA
This instrument was acknowledged before me on the I day of
November, 2012, by Jeremy M. Provin, Commercial Banking Officer of
Hills Bank and Trust Company. n
Notary Pu41jic in and f# said State
0�
Prepared by: Lars G. Anderson, 123 N. Limi St., Suite 300, P.O. Box 2820, Iowa City, IA 52244, (319) 354 -0331
CERTIFICATE OF COUNTY AUDITOR
APPROVAL OF SUBDIVISION NAME
I, Thomas S. Slockett, Johnson County Auditor, approve the name
Rochester Ridge Part Three with reference to the property described
below as of the date of this certificate.
A portion of the Southwest Quarter of the Northeast Quarter of
Section 12, Township 79 North, Range 6 West of the Fifth
Principal Meridian, Iowa City, Johnson County, Iowa, described as
follows: Beginning at the Southwest Corner of Lot 11 of Rochester
Ridge Part One, in accordance with the Plat thereof Recorded in
Plat Book 56 at Page 60, of the Records of the Johnson County
Recorder's Office; Thence N89 °47'16 "E, along the Westerly Line of
said Rochester Ridge Part One, a distance of 118.50 feet; Thence
S00 012144 "E, along said Westerly Line, 5.00 feet; Thence
N89 °47'16 "E, along said Westerly Line, 70.00 feet; Thence
N00 °12144 "W, along said Westerly Line, 59.97 feet; Thence
N89 °47116 "E, along said Westerly Line, 70.00 feet; Thence
N87 046103 "E, along said Westerly Line, 62.51 feet; Thence
N88 °55142 "E, along said Westerly Line, 153.28 feet; Thence
S46 °11128 "E, along said Westerly Line, 156.79 feet; Thence
S18 °37106 "E, along said Westerly Line, 101.84 feet; Thence
S08 °51'25 "E, along said Westerly Line, 97.49 feet; Thence
SO1 002146 11E, along said Westerly Line, 28.00 feet; Thence
S30 °51113 "W, along said Westerly Line, 35.46 feet; Thence
S82 °28118 "W, along said Westerly Line, 114.00 feet; Thence
Southeasterly, 74.60 feet, along said Westerly Line on a 363.00
foot radius curve, concave Northeasterly, whose 74.47 foot chord
bears S13 °24'57 "E; Thence S19 °18'11 "E, along said Westerly Line,
41.20 feet; Thence Southeasterly, 99.54 feet, along said Westerly
Line on a 313.00 foot radius curve, concave Southwesterly, whose
99.12 foot chord bears S10 °11'33 "E; Thence S01'04 '55"E, along said
Westerly Line, 27.12 feet, to the Southwest Corner of said
Rochester Ridge Part One, and a point on the North Line of
Oakwoods Addition, Part 7, in accordance with the Plat thereof
Recorded in Plat Book 14, at Page 20 of the Records of the Johnson
County Recorder's Office; Thence S88 °55105 "W, along said North
lk�
Line, 219.43 feet to the Northwest Corner of said Oakwoods
Addition, Part 7; Thence N09 009124 "E, 144.20 feet; Thence
N21 056120 11W, 102.98 feet; Thence N00 012144 "W, 194.94 feet; Thence
S89 047116 "W, 108.35 feet; Thence Southwesterly, 39.27 feet, along
a 25.00 foot radius curve, concave Southeasterly, whose 35.36 foot
chord bears S44 047116 "W; Thence S00 012'44 "E, 5.00 feet; Thence
S89 047116 "W, 50.00 feet; Thence Northwesterly, 39.27 feet, along
a 25.00 foot radius curve, concave Southwesterly, whose 35.36 foot
chord bears N45 012144 "W; Thence S89 047116 11W, 108.50 feet, to a
Point on the East Line of the Parcel of Land conveyed by Warranty
Deed, as Recorded in Book 695 at Page 41, of the Records of the
Johnson County Recorder's Office; Thence N00 °12144 "W, along said
East Line, 127.00 feet, to the Point of Beginning. Said Tract of
land contains 4.49 Acres, and is subject to easements and
restrictions of record.
Dated as of this Joy day of November, 2012.
Thomas . Slockett, Count Auditor
by: AorKsiL� Deputy
0�
Prepared by: Lars G. Anderson, 123 N. Liim St., Suite 300, P.O. Box 2820, Iowa City, IA 52244, (319) 354 -0331
CERTIFICATE OF COUNTY TREASURER
I, Thomas L. Kriz, Johnson County Treasurer, certify that all
real estate taxes and special assessments have been paid with
reference to the property described below as of the date of this
certificate.
A portion of the Southwest Quarter of the Northeast
Quarter of Section 12, Township 79 North, Range 6 West of
the Fifth Principal Meridian, Iowa City, Johnson County,
Iowa, described as follows: Beginning at the Southwest
Corner of Lot 11 of Rochester Ridge Part One, in
accordance with the Plat thereof Recorded in Plat Book 56
at Page 60, of the Records of the Johnson County
Recorder's Office; Thence N89 °47'16 "E, along the Westerly
Line of said Rochester Ridge Part One, a distance of
118.50 feet; Thence S00 °12'44 "E, along said Westerly
Line, 5.00 feet; Thence N89 °47'16 "E, along said Westerly
Line, 70.00 feet; Thence N00 °12'44 "W, along said Westerly
Line, 59.97 feet; Thence N89 047116 "E, along said Westerly
Line, 70.00 feet; Thence N87 °46'03 "E, along said Westerly
Line, 62.51 feet; Thence N88 °55'42 "E, along said Westerly
Line, 153.28 feet; Thence S46 °11'28 "E, along said
Westerly Line, 156.79 feet; Thence S18 037'06 "E, along
said Westerly Line, 101.84 feet; Thence S08 °51'25 "E,
along said Westerly Line, 97.49 feet; Thence S01002 14611E,
along said Westerly Line, 28.00 feet; Thence S30 °51'13 "W,
along said Westerly Line, 35.46 feet; Thence S82028 11811W,
along said Westerly Line, 114.00 feet; Thence
Southeasterly, 74.60 feet, along said Westerly Line on a
363.00 foot radius curve, concave Northeasterly, whose
74.47 foot chord bears S13 024157 "E; Thence S19 °18'11 "E,
along said Westerly Line, 41.20 feet; Thence
1�k
Southeasterly, 99.54 feet, along said Westerly Line on a
313.00 foot radius curve, concave Southwesterly, whose
99.12 foot chord bears S10 °11'33 "E; Thence SO1 °04'55 "E,
along said Westerly Line, 27.12 feet, to the Southwest
Corner of said Rochester Ridge Part One, and a point on
the North Line of Oakwoods Addition, Part 7, in
accordance with the Plat thereof Recorded in Plat Book
14, at Page 20 of the Records of the Johnson County
Recorder's Office; Thence S88 055105 "W, along said North
Line, 219.43 feet to the Northwest Corner of said
Oakwoods Addition, Part 7; Thence N09 009'24 "E, 144.20
feet; Thence N21 056120 11W, 102.98 feet; Thence
N00 012144 "W, 194.94 feet; Thence S89 047'16 "W, 108.35
feet; Thence Southwesterly, 39.27 feet, along a 25.00
foot radius curve, concave Southeasterly, whose 35.36
foot chord bears S44 047116 "W; Thence S00 012144 "E, 5.00
feet; Thence S89 047116 11W, 50.00 feet; Thence
Northwesterly, 39.27 feet, along a 25.00 foot radius
curve, concave Southwesterly, whose 35.36 foot chord
bears N45 °12'44 "W; Thence S89 °47'16 "W, 108.50 feet, to a
Point on the East Line of the Parcel of Land conveyed by
Warranty Deed, as Recorded in Book 695 at Page 41, of the
Records of the Johnson County Recorder's Office; Thence
N00 °12'44 "W, along said East Line, 127.00 feet, to the
Point of Beginning. Said Tract of land contains 4.49
Acres, and is subject to easements and restrictions of
record.
Dated as of this Is-% day of November, 2012.
Thomas L. Kriz, J
County Treasurer
by: , Deputy
Parcel #: 10)0-? 15ao( -)7 f 42 ,M
Oo /
////
Prepared by: Lars G. Anderson, 123 N. Linn St., Suite 300, P.O. Box 2820, Iowa City, IA 52244, (3 1 9) 354-0331
ATTORNEY'S TITLE OPINION
Re: Rochester Ridge Part Three located in Iowa City, Johnson
County, Iowa, and legally described as follows:
A portion of the Southwest Quarter of the Northeast
Quarter of Section 12, Township 79 North, Range 6 West of
the Fifth. Principal Meridian, Iowa City, Johnson County,
Iowa, described as follows: Beginning at the Southwest
Corner of Lot 11 of Rochester Ridge Part One, in
accordance with the Plat thereof Recorded in Plat Book 56
at Page 60, of the Records of the Johnson County
Recorder's Office; Thence N89 °47'16 "E, along the Westerly
Line of said Rochester Ridge Part One, a distance of
118.50 feet; Thence S00 °12'44 "E, along said Westerly
Line, 5.00 feet; Thence N89 °47116 "E, along said Westerly
Line, 70.00 feet; Thence N00 °12'44 "W, along said Westerly
Line, 59.97 feet; Thence N89 °47'16 "E, along said Westerly
Line, 70.00 feet; Thence N87 °46'03 "E, along said Westerly
Line, 62.51 feet; Thence N88 °55'42 "E, along said Westerly
Line, 153.28 feet; Thence S46 °11'28 "E, along said
Westerly Line, 156.79 feet; Thence S18 °37'06 "E, along
said Westerly Line, 101.84 feet; Thence S08 °51'25 "E,
along said Westerly Line, 97.49 feet; Thence S01 002'46 "E,
along said Westerly Line, 28.00 feet; Thence S30 °51'13 "W,
along said Westerly Line, 35.46 feet; Thence S82 028118 11W,
along said Westerly Line, 114.00 feet; Thence
Southeasterly, 74.60 feet, along said Westerly Line on a
363.00 foot radius curve, concave Northeasterly, whose
74.47 foot chord bears S13 °24'57 "E; Thence S19 °18'11 "E,
along said Westerly Line, 41.20 feet; Thence
Southeasterly, 99.54 feet, along said Westerly Line on a
313.00 foot radius curve, concave Southwesterly, whose
99.12 foot chord bears S10 011133 "E; Thence S01 004155 11E,
along said Westerly Line, 27.12 feet, to the Southwest
Corner of said Rochester Ridge Part One, and a point on
the North Line of Oakwoods Addition, Part 7, in
accordance with the Plat thereof Recorded in Plat Book
k�
14, at Page 20 of the Records of the Johnson County
Recorder's Office; Thence S88 °55'05 "W, along said North
Line, 219.43 feet to the Northwest Corner of said
Oakwoods Addition., Part 7; Thence N09 009'24 "E, 144.20
feet; Thence N21 056120 "W, 102.98 feet; Thence
N00 012144 "W, 194.94 feet; Thence S89 047116 "W, 108.35
feet; Thence Southwesterly, 39.27 feet, along a 25.00
foot radius curve, concave Southeasterly, whose 35.36
foot chord bears S44 °47'16 "W; Thence S00 012144 11E, 5.00
feet; Thence S89 047116 "W, 50.00 feet; Thence
Northwesterly, 39.27 feet, along a 25.00 foot radius
curve, concave Southwesterly, whose 35.36 foot chord
bears N45 °12'44 "W; Thence S89 °47'16 "W, 108.50 feet, to a
Point on the East Line of the Parcel of Land conveyed by
Warranty Deed, as Recorded in Book 695 at Page 41, of the
Records of the Johnson County Recorder's Office; Thence
N00 012'44 "W, along said East Line, 127.00 feet, to the
Point of Beginning. Said Tract of land contains 4.49
Acres, and is subject to easements and restrictions of
record.
I, Lars G. Anderson, state that I am a practicing attorney in
the State of Iowa and that I have examined a complete abstract of
title including the above - described property being Security
Abstract Company, Abstract No. 113511. The abstract of title has
been continued to October 12, 2012, and as of that date the
abstract shows that fee title to the above - described property is in
Rochester Ridge, L.L.C., subject to the following lien:
1. Mortgage in favor of Hills Bank and Trust Company, dated
August 16, 2011, and recorded September 7, 2011, in Book 4800, Page
55.
I further certify that except as above stated the property is
free from encumbrance. S
Dated as of this 3� day of October, 2012.
Lars G. nderson
0�
Prepared by and return to.: Lars G. Anderson, 123 N. Limn St., Suite 300, Iowa City, IA 52245, (319)354 -0331
UNDERGROUND UTILITY EASEMENT AGREEMENT
ROCHESTER RIDGE PART THREE - IOWA CITY, IOWA
In consideration of the approval of the Final Plat of
Rochester Ridge Part Three, Iowa City, Iowa, the undersigned Owners
(hereinafter "Grantors ") hereby grant to MidAmerican Energy, Qwest
Corporation and MediaCom Iowa, L,L.C., and their successors,
(hereinafter collectively referred to as "Grantees ") a perpetual
easement upon, over, under, along and across the areas marked on
the Final Plat of Rochester Ridge Part Three, Iowa City, Iowa, as
a "10.00' Utility Easement ",
The Grantees of this easement shall have the right to install,
lay, construct, reconstruct, renew, operate, maintain and remove
conduits, cables, pipes, electric lines below the surface of the
ground, and other equipment or appurtenances above the surface of
the ground as may be necessary for the purposes of serving the
Subdivision and other property with electricity, gas, and
communication service; the right to trim, cut down and remove such
trees, brush, saplings and bushes, without compensation to Grantor
or their successors in interest as may interfere with the proper
construction, maintenance, operation or removal of said facilities,
equipment and appurtenances; and the right of ingress and egress
for all of the purposes aforesaid. Grantors, their successors in
interest and assigns, reserve the right to use said easement areas
for purposes which will not interfere with the Grantee's full
enjoyment of rights hereby granted; provided that Grantors shall
not erect or construct any reservoir, retaining wall or other
obstruction on said areas, or diminish or substantially add to the
ground cover over said easement areas. No permanent dwellings or
trees shall be placed on the areas so designated for Utility
Easements, but with advance written authorization from the
Grantees' Representatives the same may be used for gardens, shrubs,
minor landscaping and other purposes that do not then or later
interfere with the aforesaid uses or the rights herein granted.
k\
Dated this -V� day of November, 2012.
OWNER:
ROCHESTER RIDGE, L.L.C.
L _ I
By: .es e Allen, Member and Manager
STATE OF IOWA
ss:
JOHNSON COUNTY )
G
This instrument was acknowledged before me on the day of
November, 2012. by Jesse Allen, as Manager and Member of Rochester
Ridge, L.L.C.
(Stamp or Seal)
Notary P b in and for said State
'a" o LARS G. ANDERSON
r° Commission Number V1804
ow My CJuly 25,20 Expires
K\
Prepared by: Lars G. Anderson, 123 N. Linn St., Suite 300, P.O. Box 2820, Iowa City IA 52244 (3 1 9) 354-0331
OWNER'S CERTIFICATE
The undersigned, Rochester Ridge, L.L.C. requests approval of
the subdivision known as Rochester Ridge Part Three, said
subdivision shown on the plat filed with this Certificate, which is
a subdivision of the following described property:
A portion of the Southwest Quarter of the Northeast Quarter
of Section 12, Township 79 North, Range 6 West of the Fifth
Principal Meridian, Iowa City, Johnson County, Iowa,
described as follows: Beginning at the Southwest Corner of
Lot 11 of Rochester Ridge Part One, in accordance with the
Plat thereof Recorded in Plat Book 56 at Page 60, of the
Records of the ,Johnson County Recorder's Office; Thence
N89 °47'16 "E, along the Westerly Line of said Rochester Ridge
Part One, a distance of 118.50 feet; Thence S00 °12'44 "E,
along said Westerly Line, 5.00 feet; Thence N89 047116 "E,
along said Westerly Line, 70.00 feet; Thence N00 012144 11W,
along said Westerly Line, 59.97 feet; Thence N89 °47116 "E,
along said Westerly Line, 70.00 feet; Thence N87 046103 "E,
along said Westerly Line, 62.51 feet; Thence N88 055142 "E,
along said Westerly Line, 153.28 feet; Thence S46 011128 11E,
along said Westerly Line, 156.79 feet; Thence S18 037106 "E,
along said Westerly Line, 101.84 feet; Thence S08 051125 "E,
along said Westerly Line, 97.49 feet; Thence S01 002146 11E,
along said Westerly Line, 28.00 feet; Thence S30 051113 11W,
along said Westerly Line, 35.46 feet; Thence S82 028118 11W,
along said Westerly Line, 114.00 feet; Thence Southeasterly,
74.60 feet, along said Westerly Line on a 363.00 foot radius
curve, concave Northeasterly, whose 74.47 foot chord bears
S13 °24'57 "E; Thence S19 018'11 "E, along said Westerly Line,
41.20 feet; Thence Southeasterly, 99.54 feet, along said
Westerly Line on a 313.00 foot radius curve, concave
Southwesterly, whose 99.12 foot chord bears S10 °11'33 "E;
Thence S01 004155 "E, along said Westerly Line, 27.12 feet, to
the Southwest Corner of said Rochester Ridge Part One, and a
point on the North Line of Oakwoods Addition, Part 7, in
accordance with the Plat thereof Recorded in Plat Book 14, at
Page 20 of the Records of the Johnson County Recorder's
Office; Thence S88 055105 "W, along said North Line, 219.43
feet to the Northwest Corner of said Oakwoods Addition, Part
7; Thence N09 009124 "E, 144.20 feet; Thence N21 056120 "W,
102.98 feet; Thence N00 °12'44 "W, 194.94 feet; Thence
S89 047116 11W, 108.35 feet; Thence Southwesterly, 39.27 feet,
along a 25.00 foot radius curve, concave Southeasterly, whose
35.36 foot chord bears S44 °47116 "W; Thence S00 012144 11E, 5.00
feet; Thence S89 047116 "W, 50.00 feet; Thence Northwesterly,
39.27 feet, along a 25.00 foot radius curve, concave
Southwesterly, whose 35.36 foot chord bears N45 °12144 "W;
Thence S89 047116 "W, 108.50 feet, to a Point on the East Line
of the Parcel of Land conveyed by Warranty Deed, as Recorded
in Book 695 at Page 41, of the Records of the Johnson County
Recorder's Office; Thence N00 012144 "W, along said East Line,
127.00 feet, to the Point of Beginning. Said Tract of land
contains 4.49 Acres, and is subject to easements and
restrictions of record.
The undersigned further states that subdivision is made with the
free consent and in accordance with the desire of the undersigned,
owner of the land included within the subdivision.
The streets and easements are hereby dedicated to the public as
provided for by Chapter 354
Dated as of this 16J�
STATE OF IOWA
ss:
JOHNSON COUNTY
This instrument was
November, 2012 by Jesse
Ridge, L.L.C.
(Stamp or Seal)
LARS G. ANDERSON
i Commission Number 180422
My Commission Expires
hOV 2s 2013
of the Code of Iowa (2011), as amended.
day of November, 2012.
ROCHESTER RIDGE, L.L.C.
9== / i1—
By: Jes e Allen, Member and Manager
acknowledged before me on the (G day of
Allen, as Manager and Member of Rochester
Nota ublic in and for said State