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HomeMy WebLinkAboutJohnson County Recorder 2011Page 1 I Iowa City Board of Adjustment Decision of November 10, 2010 (l) EXC10- 00009, approval 01/26/11 For a special exception to allow a drive - through facility in the Community Commercial (CC -2) Zone at 2580 Naples Ave, subject to conditions. 2 Iowa City Board of Adjustment Decision of November 10, 2010 (1) EXC 10- 00010, corrected 02/08/11 approval for a special exception to allow a drive- through facility in the Community Commercial (CC -2) Zone at 2580 Naples Ave, subject to conditions. 3 Ord #1 1 -4422, Conditionally rezoning approximately 2.79 acres of property located at the 02/18/11 northwest corner of Muscatine Avenue and Scott Boulevard, from low density single family residential (RS -5) to low density multi- family residential (RM -12). 4 Ord #11 -4423, Rezoning approximately 2.97 acres located northwest of the intersection of 02/18/11 First Avenue and Hickey Trail to amend a previously approved plan for a planned development overlay, nnediuun density single fannily (OPD -8) zone. 5 Res #1 1 -98, accepting the dedication of and authorizing the Mayor to enter into a public 04/08/11 access easement agreement for a portion of Outlet 5, Original Town, Iowa City, Johnson County, Iowa. 6 Res #11-108, authorizing the Mayor to sign and the City Clerk to attest a license agreement 04/08/11 between the City of Iowa City and Iowa Network Services, Inc. to use certain public rights -of -way for the installation, operation and maintenance of a fiber optic network. 7 Res #11 -109, authorizing execution of a Chapter 28E agreement between the City of Iowa 04/08/11 City and Johnson County regarding certain obligations involving the Butler Pedestrian Trail Project. 8 Amended Final Planned Development Plan (OPD) and Regulating Plan for the Peninsula 04/21/11 Neighborhood. 9 Res #11 -146, attest a developers agreement, and sanitary sewer and watermain easement 04/25/11 Agreement for Northpoint Crossing, located within Highlander Development, Second Addition, Iowa City, Iowa. 10 Res # I 1 -130, approving final plat of Terra Verde, Iowa City, Iowa 04/28/11 11 (See res #11 -130), Warranty Deed for Outlet B, Terra Verde Subdivision. 04/28/11 12 (See res #11 -130), Warranty Deed for Outlot C, Terra Verde Subdivision. 04/28/11 13 Res #11 -129, approving preliminary and final plat of EPS First Addition. 04/27/11 14 Res #11-103, voluntary annexation of approximately 12.72 acres of property located 04/28/11 at Mormon Trek Boulevard and Dane Road, Johnson County, Iowa. 15 Res #I 1 -166, attest a license agreement between the City of Iowa City and Mercy Hospital, 05/06/11 Iowa City, Iowa, to use certain public rights -of -way for the installation, operation and maintenance of a fiber optic network. Page 2 16 Ord #11 -4425, conditionally rezoning approximately 2.17 acres of land located at the 05/06/11 southwest corner of Taft Avenue and Court Street, from neighborhood commercial (CN -1) to planned development overlay -low density multi - family residential (OPD -RM12) 17 Res #I 1 -154, approving preliminary and final plat of Mackinaw Village — Part Three, IC 05/09/11 18 Ord #11 -4427, approving an amended planned development overlay (OPD -5) plan for 05/20/11 Village Green Part XX, Lot 50 (Wellington Condos), Iowa City, Iowa. 19 Ord #11-4428, conditionally rezoning approximately 12.72 acres of land located at Mormon 05/20/11 Trek Blvd and Dane Rd from County Ag (A) to Intensive Commercial (CI -1). 20 Res #11 -177, approving final plat of Windsor Ridge part Twenty -Two, Iowa City, Iowa. 05/23/1) 21 Iowa City Board of Adjustment Decision of April 13, 2011 (1) EXC10- 00013, approval of 05/25/11 a special exception to allow above 13 on -site, above ground structured parking and 19 off - site parking spaces for a proposed mixed use building to be located in the Central Business (CB -10) zone at 328 East Washington Street, subject to conditions. 22 Ord #11 -4433, conditionally rezoning approximately 23.22 acres of property located at 06/27/11 2949 Rochester Avenue, from Low Density Single Family Residential (RS -5) zone to Planned Development Overlay -Low Density Single Family (OPD -5) zone. 23 Iowa City Board of Adjustment Decision of June 8, 2011 (1) EXC 11-00002, approval of 07/18/11 A special exception to allow a drive- through facility in the Community Commercial (CC -2) Zone at 1015 Highway 1 West, subject to conditions. Also approving an extension to the special exception time limit from 6 months to 12 months. (2) EXC11- 00003, approval of a special exception to reduce the front setback requirement from 10 feet to 4 feet to allow for construction of an uncovered deck at the property located in the low- density residential (RS -5) zone at 1015 Second Ave, subject to conditions. 24 Res 11 -254, a license agreement between the City of Iowa City and MCILnetro Access 08/09/11 Transmission Services LLC to use a portion of City streets and public rights -of -way for the installation, operation and maintenance of a fiber optic network. 25 Ord 11 -4439, conditionally rezoning approximately 0.69 acres of property located at 08/09/11 1014, 1016, an d1022 Hudson Avenue from Medium Density Single Family (RS -8) Zone to Community Commercial (CC -2) zone. 26 Res 11 -249, authorizing the Mayor to sign and the City Clerk to attest a parking covenant 08/09/11 for 328 East Washington Street, Iowa City, Iowa. 27 Iowa City Board of Adjustment Decision of August 17, 2011 (1) EXCI1- 00004, approval of 08/25/11 a special exception to reduce the rear setback requirement for the principal structure from 20 feet to 10 feet, subject to conditions. 28 Res 11 -257, approving final plat of Rochester Ridge Part One, Iowa City, Iowa. 09/22/11 29 Res 11 -308, approving final plat of Rochester Ridge Part Two, Iowa City, Iowa. 09/22/11 Page 3 30 Iowa City Board of Adjustment Decision of September 14, 2011 (1) EXC11- 00007, approval 10105111 To allow a concrete manufacturing plant in the General Industrial (1 -1) zone on Independence Road, north of 420 °i Street and south of Liberty Drive, subject to conditions. (2) EXC1 I- 00009, Approval to allow a drive - through coffee stand in the Community Commercial (CC -2) zone, Located in the Gateway Plaza Shopping Center at the corner of Highway I West and South Riverside Drive subject to conditions. 31 Res 11 -309 approving final plat for Stone Bridge Estates — Part 7. 10/ 11/11 32 Ord 11 -4445, rezoning approx. 10 acres of property located at 350 Dublin Dr from Planned 10/17/11 Development Overlay Medium Density Single Family (OPD -8) zone to Planned Development Overlay Low Density Multi- Family (OPD /RM -12) zone. 33 Res 11 -341, approving the acceptance of the dedication of Outlets "A" and `B" of First and 11/07/11 Rochester, Part Four, Iowa City, Johnson County, Iowa, as public open space. 34 Res 11-363, authorizing and directing the Mayor to sign and the City Clerk to attest a temporary 11/29/11 Construction easement agreement by and between the City of Iowa City and Moka Java LLC. 35 Res 11 -369, approving final plat of Saddlebrook Meadows — Part 2, Iowa City, Iowa. 12/01/11 36 Res 11-373, approving the seventh amendment to the Peninsula Neighborhood Development 11/30/11 Agreement between the City of Iowa City and Peninsula Development Company, LLC (PDC) 37 Ord 11 -4457, amending the planned development overlay high density single family 11/30/11 (OPD /RS -12) plan for 2.73 -acres of land located at 2785, 2829 and 2871 Heinz Road. ree- MEMBERS ABSENT: ROBERT ANDERSON, LE ANN TYSON. STAFF PRESENT: SARA GREENWOOD HEKTOEN, SARAH WALZ OTHERS PRESENT: DUANE MUSSER, CLIFFORD REIF, KRISTEN BREAUX SPECIAL EXCEPTION ITEMS: EXC10- 00009: Discussion of an application submitted by Reif Oil Company for a special exception to allow a drive - through facility located in the Community Commercial (CC -2) zone at 2580 Naples Avenue. The Board concludes that the number of drive - through lanes, stacking spaces and paved areas necessary for the drive - through facility will not be detrimental to 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 up to six cars to access the single drive - through lane at one time before stacking onto the parking aisle for the convenience store. • The drive - through facility is located to the rear of the commercial site with traffic circulating behind the building. • The drive - through will not conflict with other public drives or other vehicle areas if marked at both the entrance and exit end with appropriate signage indicating one -way circulation. • The subject property is surrounded on all sides by commercial development or highway such that it is not adjacent to or readily visible from residential properties. The Board concludes that the proposed drive- through facility allows for safe pedestrian access, and efficient and safe vehicular circulation on the site based on the following findings: • The proposed site plan shows a sidewalk along Naples and a pedestrian walkway from the parking spaces on the south end of the lot to the building. • It is in the City's future plans to include a sidewalk/trail extension to the Naples Avenue /Highway 1 intersection, at which point a signalized pedestrian crossing will be installed. The Board concludes that lighting for the drive - through facility will comply with the outdoor lighting standards set forth in Article 14 -5G, and that lighting will not conflict with adjacent residential areas, based on the following findings: • The property lighting will be reviewed by. the building department as part of the permitting process. All code standards must be met in order for an occupancy permit to be issued. � � unmm�mmunuumnmuuninnunnumn ununiti Doc ID; 022094330005 Type: OEN Kind: DECISION Recorded: 01/26/2011 at 11:37:34 AM Fee Amt: $29.00 Pace 1 of 5 Johnson Countv Iowa Kim Painter Countv Recorder • • • R11 ;0111 N Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356 -52°� ., r) Z i:�.:a DECISION l cTI IOWA CITY BOARD OF ADJUSTMENT a WEDNESDAY, NOVEMBER 10, 2010 EMMA J. HARVAT HALL MEMBERS PRESENT: CAROLINE SHEERIN, BARBARA ECKSTEIN, WILLIAM JENNIN6:B MEMBERS ABSENT: ROBERT ANDERSON, LE ANN TYSON. STAFF PRESENT: SARA GREENWOOD HEKTOEN, SARAH WALZ OTHERS PRESENT: DUANE MUSSER, CLIFFORD REIF, KRISTEN BREAUX SPECIAL EXCEPTION ITEMS: EXC10- 00009: Discussion of an application submitted by Reif Oil Company for a special exception to allow a drive - through facility located in the Community Commercial (CC -2) zone at 2580 Naples Avenue. The Board concludes that the number of drive - through lanes, stacking spaces and paved areas necessary for the drive - through facility will not be detrimental to 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 up to six cars to access the single drive - through lane at one time before stacking onto the parking aisle for the convenience store. • The drive - through facility is located to the rear of the commercial site with traffic circulating behind the building. • The drive - through will not conflict with other public drives or other vehicle areas if marked at both the entrance and exit end with appropriate signage indicating one -way circulation. • The subject property is surrounded on all sides by commercial development or highway such that it is not adjacent to or readily visible from residential properties. The Board concludes that the proposed drive- through facility allows for safe pedestrian access, and efficient and safe vehicular circulation on the site based on the following findings: • The proposed site plan shows a sidewalk along Naples and a pedestrian walkway from the parking spaces on the south end of the lot to the building. • It is in the City's future plans to include a sidewalk/trail extension to the Naples Avenue /Highway 1 intersection, at which point a signalized pedestrian crossing will be installed. The Board concludes that lighting for the drive - through facility will comply with the outdoor lighting standards set forth in Article 14 -5G, and that lighting will not conflict with adjacent residential areas, based on the following findings: • The property lighting will be reviewed by. the building department as part of the permitting process. All code standards must be met in order for an occupancy permit to be issued. � � unmm�mmunuumnmuuninnunnumn ununiti Doc ID; 022094330005 Type: OEN Kind: DECISION Recorded: 01/26/2011 at 11:37:34 AM Fee Amt: $29.00 Pace 1 of 5 Johnson Countv Iowa Kim Painter Countv Recorder • • • R11 ;0111 • The subject property is surrounded on all sides by commercial development or highway such that it is not visible from any residential zones. Based on the submitted site plan, the Board concludes that the drive - through lane is set back at least 10 feet from adjacent lot lines and public rights -of -way and is screened from view of adjacent roads along the southeast property line by a retaining wall and change of topography such that S2 screening would be ineffective. The Board finds that all other paved areas on the commercial site are screened from adjacent properties and rights -of -way with S2 screening as required by code. Based on findings provided above, the Board;,cohcludes that the transportation system is capable of safely supporting the proposed use in addition to the existing uses and that it will not be detrimental to or endanger the public health, safety, comfort or general welfare. Based on findings provided above, the Board concludes that the drive- through facility will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substanttgly diminish or impair property values in the neighborhood o impede the normal and orderly = development and improvement of the surrounding property for uses permitted in the zoni do which such property is located. N �Cn The Board concludes that adequate utilities, access roads, drainage and /o 'Yrcar Tf ities have been or are being provided based on the following findings: t {_� Naples Avenue is designed to support the levels of traffic that will be generated by7*e commercial use proposed. • The building official, in consultation with the City Engineer, has reviewed the plan and determined that all required drainage is provided. 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 the following finding: • Because the drive - through is located to' the ..rear of the rear of the site, with traffic circulating behind the commercial building, there is ample space for vehicles to stack before reaching other active areas of the commercial use (such as gas pumps) or the public street. The Board concludes that, except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception for a drive - through facility, 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 find: • An application has been submitted for final site plan review and building permit. The Building Official has reviewed the plan and determined that all applicable zoning requirements not reviewed here are satisfied. All applicable zoning requirements must be met in order for an occupancy permit to be issued. The Board concludes that the proposed use will be consistent with the Comprehensive Plan, as amended based on the following finding: IM • The Southwest District Plan identifies this area as appropriate for Highway- oriented commercial development. DISPOSITION: By a vote of 3 -0 (Anderson, Tyson absent) the board approved the special exception to allow a drive - through facility in the Community Commercial (CC -2) zone at 2580 Naples Avenue, subject to the following conditions: • Substantial compliance with the site plan submitted; and • The entrance and exit ends of the rear drive should be clearly marked with appropriate signage to indicate the one -way circulation of the drive. EXC10- 00011: Discussion of an application submitted by Kristen Breaux for a special exception to reduce the front principal building setback requirement to allow reconstruction of a porch on property located in the RS -8 zone at 1122 E. Washington Street. The Board concludes that the situation is peculiar to the property in question based on the following findings: • The existing porch is original to the house and does not conform with the current required front setback. • While half of the properties along the same, frontage are also set back less than 15 -feet from the right -of -way line this property does not benefit from setback averaging because the immediately adjacent properties conform with the setback standards. The Board concludes that there is practical difficulty in complying with the setback requirements based on the following findings: • A porch is in keeping with the character of the original portion of the house, however because the house is established within 3 feet of the setback line, a porch installed in conformity with the setback regulations would not function as a porch but rather as a stoop.. Most other houses along this frontage, and in the surrounding neighborhood, have front porches. The Board concludes that granting the special exception will not be contrary to the purpose of the setback regulations based on the findings provided above and the following findings: • The porch shall be constructed within the footprint of the existing porch and shall not bring the structure any closer to the street or reduce separation from the adjacent properties. • An open air front porch will provide a greater sense of openness, light and air than the existing enclosed porch and will not reduce space for firefighting or opportunities for privacy between dwelling units. • An open air porch will be distinct from the living portion of the house more compatible with the character of the frontage along which the subject property is located as most houses feature open air front porches. r j 00 The Board concludes that any potential negative effects resulting from the setback exception are mitigated to the extent practical based on.the findings above along in addition to the following findings: • The roof of the proposed porch shall have a 3:12 slope, the minimal slope necessary to provide adequate drainage, and the eaves of the porch shall be at a height level with those of the house, according to the terms of the September 2010 special exception for this property. • Because the porch will extend significantly further forward than the adjacent house to the east and will be highly visible along the street, the porch design shall be reviewed and approved by staff in order to ensure that the design is architecturally and aesthetically compatible with other homes in the immediate neighborhood in which it is located. w • Because other houses along this frontage feature open air porches, the porch shu not be enclosed with windows or walls, although screens are acceptable. The Board finds that the proposed porch will be located more than 3 feet�frdm she or r' NUI property lines. Based on findings provided above, the Board concludes that the specific pr76 so e c ptiw will not be detrimental to or endanger the public health, safety, comfort or g8rieral welfare; All not be injurious to the use and enjoyment of other property in the immediate vicinity; and vAPnot 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. The Board finds that all utilities, access roads, and/or necessary facilities have been or are being provided, and that the conditions stated with approval of the prior special exception shall be incorporated in to this special exception since those conditions address issues of storm water drainage related to the porch. Because the property is a single - family home, the Board concludes that the proposed special exception to reduce the setback for the purpose of constructing an open air porch will have no impact on ingress or egress from the site. The Board concludes that as part of the building permit process, in addition to design approval from the Director of Planning and Community Development, the Building Department will review a final drawing of the proposed porch in order to ensure that all other aspects of the proposed construction conform to the regulations or standards of the zone. The Board finds that while the Comprehensive Plan does not address this issue, it does encourage reinvestment in properties. Disposition: By a vote of 3 -0 (Anderson, Tyson absent) the Board approved the special exception to reduce the required front, principal building setback from 15 feet to 8 feet for property located in the Medium Density Single - Family (RS -8) zone at 1122 East Washington Street, subject to the following conditions: • The setback reduction be for the purpose of constructing an open air porch to replace the existing porch; • The new porch shall fall within the footprint of the existing porch and therefore its dimensions shall be no larger than 9.6 feet deep and 19.6 feet wide; ® In all other aspects the new porch shall comply with the conditions of the previous special exception (September 2010); ® At no time in the future may the porch be enclosed with windows or walls without an additional special exception; and The final porch design is to be approved by the Director of Planning and Community Development prior to issuance of a 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 Code Section 14 -8C -1 E, City of Iowa City, Iowa. Caroline Sheerin, Chairperson STATE OF IOWA JOHNSON COUNTY Approved by: k6f t'idwl City Attorney'sOffice I 0 Ili 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 r`&ting on the 10th day of November, 2010, as the same appears of record in my Office. Dated at Iowa City, this day of ve, a / , 20 !/ Marian K: Karr, City Clerk 31 -, n ;o Z Qq l,* n> o N �a r a co Doc ID: 022102610006 Type: GEN Kind: DECISION Recorded: 02/08/2011 at 01:06:10 PM Fee Amt: $34.00 Pace 1 of 6 Johnson Countv Iowa Kim Painter Countv Recorder STATE OF IOWA ) ) SS COUNTY OFJOHNSON ) 410 East Washington Street Iowa City, Iowa 52240 -1826 (319)356 -5000 (3 19) 356 -5009 FAX www.4ov.org I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby state that the Board of Adjustment Decision dated November 10, 2010, filed on January 26, 2011, Book 4716, Page 832- 836, contained an incorrect case file number. The attached document is a corrected version of the November 10, 2010, Iowa City Board of Adjustment Decision. Dated at Iowa City, Iowa, this 7th day of February 2011. RATF SEAL Mzz ,,,,�- A" . �J Marian 'K.-Karr City Clerk \material 9- ree- N b Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356 -52 Y 7-2' 1---:A DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, NOVEMBER 10, 2010 EMMA J. HARVAT HALL MEMBERS PRESENT: CAROLINE SHEERIN, BARBARA ECKSTEIN, WILLIAM JENNINas MEMBERS ABSENT: ROBERT ANDERSON, LE ANN TYSON. STAFF PRESENT: SARA GREENWOOD HEKTOEN, SARAH WALZ OTHERS PRESENT: DUANE MUSSER, CLIFFORD REIF, KRISTEN BREAUX SPECIAL EXCEPTION ITEMS: r o v -r EXC10- 000O: Discussion of an application submitted by Reif Oil Company for a special exception to allow a drive - through facility located in the Community Commercial (CC -2) zone at 2580 Naples Avenue. The Board concludes that the number of drive - through lanes, stacking spaces and paved areas necessary for the drive- through facility will not be detrimental to 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 up to six cars to.access the single drive - through lane at one time before stacking onto the -parking aisle for the convenience store. ® The drive - through facility is located to (fie rear of the commercial site with traffic circulating behind the building. • The drive - through will not conflict with other.public drives or other vehicle areas if marked at both the entrance and exit end with appropriate signage indicating one -way circulation. • The subject property is surrounded on all sides by commercial development or highway such that it is not adjacent to or readily visible from residential properties. The Board concludes that the proposed drive - through facility allows for safe pedestrian access, and efficient and safe vehicular circulation on the site based on the following findings: • The proposed site plan shows a sidewalk along Naples and a pedestrian walkway from the parking spaces on the south end of the lot to the building. • It is in the City's future plans to include a sidewalk/trail extension to the Naples Avenue /Highway 1 intersection, at which point a signalized pedestrian crossing will be installed. The Board concludes that lighting for the drive - through facility will comply with the outdoor lighting standards set forth in Article 14 -5G, and that lighting will not conflict with adjacent residential areas, based on the following findings: a The property lighting will be reviewed bythe building department as part of the permitting process. All code standards must be'Tet in order for an occupancy permit to be issued. Doc ID: 022094330005 Type: OEN Kind: DECISION Recorded: 01/25/2011 at 11:37:34 AN Fee Amt: $29.00 Peas 1 of 5 Johnson County Iowa Kim Painter Counntvv R/eoo/rdde�ry /1 .,A-71 F1 on T4 _K %�iS.4 Y1 • The subject property is surrounded on all sides by commercial development or highway such that it is not visible from any residential zones. Based on the submitted site plan, the Board concludes that the drive - through lane is set back at least 10 feet from adjacent lot lines and public rights -of -way and is screened from view of adjacent roads along the southeast property line by a retaining wall and change of topography such that S2 screening would be ineffective. The Board finds that all other paved areas on the commercial site are screened from adjacent properties and rights -of -way with S2 screening as required by code. Based on findings provided above, the Board;,concludes that the transportation system is capable of safely supporting the proposed us.e.iri addition to the existing uses and that it will not be detrimental to or endanger the public health, safety, comfort or general welfare. Based on findings provided above, the Board concludes that the drive - through facility will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantwly diminish or impair property values in the neighborhood o impede the normal and orderly = development and improvement of the surrounding property for uses permitted in the zon4an which such property is located. -4 N z '� 4= cy The Board concludes that adequate utilities, access roads, drainage and /oM reca cities have been or are being provided based on the following findings: j • Naples Avenue is designed to support the levels of traffic that will be generated by7Me commercial use proposed. • The building official, in consultation with the City Engineer, has reviewed the plan and determined that all required drainage is provided. 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 the following finding: ::. :. • Because the drive - through is located to'the:rear of the rear of the site, with traffic circulating behind the commercial building, there is ample space for vehicles to stack before reaching other active areas of the commercial use (such as gas pumps) or the public street. The Board concludes that, except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception for a drive - through facility, 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 find: • An application has been submitted for final site plan review and building permit. The Building Official has reviewed the plan and determined that all applicable zoning requirements not reviewed here are satisfied. All applicable zoning requirements must be met in order for an occupancy permit to be issued. The Board concludes that the proposed use will be consistent with the Comprehensive Plan, as amended based on the following finding: • The Southwest District Plan identifies this area as appropriate for Highway- oriented commercial development. DISPOSITION: By a vote of 3 -0 (Anderson, Tyson absent) the board approved the special exception to allow a drive - through facility in the Community Commercial (CC -2) zone at 2580 Naples Avenue, subject to the following conditions: • Substantial compliance with the site plan submitted; and • The entrance and exit ends of the rear drive should be clearly marked with appropriate signage to indicate the one -way circulation of the drive. EXC10- 00011: Discussion of an application submitted by Kristen Breaux for a special exception to reduce the front principal building setback requirement to allow reconstruction of a porch on property located in the RS -8 zone at 1122 E. Washington Street. The Board concludes that the situation is peculiar to the property in question based on the following findings: • The existing porch is original to the house and does not conform with the current required front setback. • While half of the properties along the same, frontage are also set back less than 15 -feet from the right -of -way line this property does not benefit from setback averaging because the immediately adjacent properties conform with the setback standards. The Board concludes that there is practical difficulty in complying with the setback requirements based on the following findings: • A porch is in keeping with the character of the original portion of the house, however because the house is established within 3 feet of the setback line, a porch installed in conformity with the setback regulations would not function as a porch but rather as a stoop.. Most other houses along this frontage, and in the surrounding neighborhood, have front porches. The Board concludes that granting the special exception will not be contrary to the purpose of the setback regulations based on the findings provided above and the following findings: • The porch shall be constructed within the footprint of the existing porch and shall not bring the structure any closer to the street or reduce separation from the adjacent properties. • An open air front porch will provide a greater sense of openness, light and air than the existing enclosed porch and will not reduce space for firefighting or opportunities for privacy between dwelling units. i • An open air porch will be distinct from the living portion of the house more compatible with the character of the frontage along which the subject property is located as most houses feature open air front porches. L z rev CA 901 I-( a P CJ® 00 The Board concludes that any potential negative effects resulting from the setback exception are mitigated to the extent practical based on;the findings above along in addition to the following findings: • The roof of the proposed porch shall have a 3:12 slope, the minimal slope necessary to provide adequate drainage, and the eaves of the porch shall be at a height level with those of the house, according to the terms of the September 2010 special exception for this property. • Because the porch will extend significantly further forward than the adjacent house to the east and will be highly visible along the street, the porch design shall be reviewed and approved by staff in order to ensure that the design is architecturally and aesthetically compatible with other homes in the immediate neighborhood in which it is located. • Because other houses along this frontage feature open air porches, the porch shii not .be enclosed with windows or walls, although screens are acceptable. The Board finds that the proposed porch will be located more than 3 feetif(dSn or. baN property lines. �r+ Based on findings provided above, the Board concludes that the specific prp oso ex'e tian will not be detrimental to or endanger the public health, safety, comfort or general welfare; `11 not be injurious to the use and enjoyment of other property in the immediate vicinity; and vAPnot 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. The. Board finds that all utilities, access. roads, and /or necessary facilities have been or are being provided, and that the conditions stated with approval of the prior special exception shall be incorporated in to this special exception since those conditions address issues of storm water drainage related to the porch. Because the property is a single - family home, the Board concludes that the proposed special exception to reduce the setback for the purpose of constructing an open air porch will have no impact on ingress or egress from the site. The Board concludes that as part of the building permit process, in addition to design approval from the Director of Planning and Community Development, the Building Department will review a final drawing of the proposed porch in order to ensure that all other aspects of the proposed construction conform to the regulations or standards of the zone. The Board finds that while the Comprehensive Plan does not address this issue, it does encourage reinvestment in properties. Disposition: By a vote of 3 -0 (Anderson, Tyson absent) the Board approved the special exception to reduce the required front, principal building setback from 15 feet to 8 feet for property located in the Medium Density Single - Family (RS -8) zone at 1122 East Washington Street, subject to the following conditions: Oli ® The setback reduction be for the purpose of constructing an open air porch to replace the existing porch; The new porch shall fall within the footprint of the existing porch and therefore its dimensions shall be no larger than 9.6 feet deep and 19.6 feet wide; law In all other aspects the new porch shall comply with the conditions of the previous special exception (September 2010); At no time in the future may the porch be enclosed with windows or walls without an additional special exception; and • The final porch design is to be approved by the Director of Planning and Community Development prior to issuance of a 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 fined 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, Chairperson STATE OF IOWA JOHNSON COUNTY Approved by: City Attorney's Office I as II' 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 oeting on the 10th day of November, 2010, as the same appears of record in my Office. Dated at Iowa City, this Z ri L" day of LfZl , 20 Marian K: Karr, City Clerk N Ca N a. n N r O. { IIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 022111580007 Type: GEN Kind: ORDINANCE Recorded: 02/18/2011 at 02:06:27 PM Fee Amt: $39.00 Pace 1 of 7 Johnson Countv Iowa Kim Painter Countv Recorder MAINORM9 / O STATE OF IOWA ) ) SS JOHNSON COUNTY ) m 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. 11-4422 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of February, 2011, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 17th day of February, 2011. - 7 %Iricer�r� 5C "�Grr�s� Marian K. Kan' City Clerk \ord CORPORATE 410 EAST WASHINGTON STREET e IOWA CITY, IOWA 52240 -1826 0 (319) 356 -5000 e FAX (319) 356 -5009 Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington St, Iowa City, IA 52240; 319 - 356 -5243 (REZ10- 00016) ORDINANCE NO. 11 -4422 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 2.79 ACRES OF PROPERTY LOCATED AT THE NORTHWEST CORNER OF MUSCATINE AVENUE AND SCOTT BOULEVARD, FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS -5) TO LOW DENSITY MULTI - FAMILY RESIDENTIAL (RM -12). (REZ10- 00016) WHEREAS, the owner, Hieronymus Family Partnership, LLC, and the applicant, TNT Land Development LLC, have requested a rezoning of property located at the northwest corner of Muscatine Avenue and Scott Boulevard, from Low Density Single Family Residential (RS -5) to Low Density Multi - Family Residential (RM- 12); and WHEREAS, the Comprehensive Plan indicates that the intersections of arterial and collector streets are appropriate for multi - family zoning and that multi - family structures be of a scale that is compatible with the surrounding neighborhoods; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for adequate pedestrian connections and compatibility of multi - family buildings with the surrounding single family neighborhoods; and WHEREAS, Iowa Code §414.5 (2009) 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 of Low Density Single Family Residential (RS -5) to Low Density Multi- Family Residential (RM -12): Commencing at the East Quarter corner of Section 13, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S87 °58'47 "W, along the South line of the Southeast One - Quarter of the Northeast One - Quarter of said Section 13, a distance of 50.00 feet, to its intersection with the West Right -of -Way line of Scott Boulevard; Thence N01 °06'43 "W, along said West Right -of -Way line, 52.29 feet, to the POINT OF BEGINNING; Thence S88 °46'53'W, 279.96 feet; Thence N01 °06'43 "W, 434.89 feet; Thence N88'53'1 7"E, 279.96 feet, to a point on the West line of Ralston Creek South Property Acquisition From Wilfreda A. and Albert N. Heironymous, in accordance with the Plat thereof recorded in Plat Book 19, at Page 84, in the Records of the Johnson County Recorder's Office; Thence S01 °06'43 "E, along said West line, and the said West Right -of -Way line of Scott Boulevard, 434.37 feet, to said POINT OF BEGINNING, containing 2.79 acres, and subject to easements and restrictions of record. 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 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 Ordinance No. 11 -4422 Page 2 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 15th day of February , 20 11 MAYOR ATTEST 1t,- CLERK Approved by,� / ✓"c1z��r1.r- J1lyG %'�FZ,1cf w,,, City Attorneys Office I y C®PC6� .p 1?1 Ordinance No. 11 -4422 Page 3 It was moved by Champion and seconded by Bailey that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Bailey x Champion x Dickens Hayek x x Mims x Wilburn x Wright First Consideration 1/25/2011 Voteforpassage: AYES: Champion, Mims, Wilburn, Wright, Bailey. NAYS: None. ABSENT: Dickens. ABSTAIN: Hayek. Second Consideration 211/2011 Vote for passage: AYES: Wright, Bailey, Champion, Dickens, Mims. Wilburn. ABSENT: None. ABSTAIN: Hayek. Date published 2/23/2011 3 Prepared by: Christina Knocker, Associate Planner, 410 E. Washington St, Iowa City, IA 52240; 319 - 356 -5243 (REZ10- 00016) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Hieronymus Family Partnership, LLC (hereinafter "Owner "). WHEREAS, Owner is the legal title holder of approximately 2.79 acres of property located at the northwest corner of Muscatine Avenue and Scott Boulevard; 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); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding pedestrian connectivity and neighborhood compatibility the requested zoning is consistent with the goals of the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2009) provides that the City of Iowa City may impose reasonable conditions on granting an Owner'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, the need for neighborhood compatibility and pedestrian connections; 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. Hieronymus Family Partnership, LLC is the legal title holder of the property legally described as Commencing at the East Quarter corner of Section 13, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S87 °58'47 "W, along the South line of the Southeast One - Quarter of the Northeast One - Quarter of said Section 13, a distance of 50.00 feet, to its intersection with the West Right -of -Way line of Scott Boulevard; Thence N01 °06'43 "W, along said West Right -of -Way line, 52.29 feet, to the POINT OF BEGINNING; Thence S88 °46'53 "W, 279.96 feet; Thence N01 °06'43 "W, 434.89 feet; Thence N88 °53'17 "E, 279.96 feet, to a point on the West line of Ralston Creek South Property Acquisition From Wilfreda A. and Albert N. Heironymous, in accordance with the Plat thereof recorded in Plat Book 19, at Page 84, in the Records of the Johnson County Recorder's Office; Thence S01 °06'43 "E, along said West line, and the said West Right -of -Way line of Scott Boulevard, 434.37 feet, to said POINT OF BEGINNING, containing 2.79 acres, and subject to easements and restrictions of record. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles 7 of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2009) 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 agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Sidewalk on the north side of Muscatine Avenue shall be extended from Juniper Drive to Scott Boulevard. Said sidewalk and the sidewalk along Terrence Lane adjacent to 3330 Muscatine Avenue shall be installed concurrently with the construction of Terrence Lane, and b. The multi - family buildings shall substantially comply with the November 30, 2010, file- stamped site plan and building elevations. Changes to the site plan or building design must be approved by the Staff Design Review Committee. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2009), 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. 6. 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 acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner 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 Owner's expense. Dated this 15th day of February 20_1 1 CITY OF IOWA CITY OWNER: Partnership, LLC Matthew Hayek, May Attest: Maria -. Karr, City Clerk d b ovey: �- t?�(u / ft�lRn Yt," 'Wc!)6�G City Attorney's Office r Al// I CORPORATE 8 EA CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this Ir. day of u , 20 Lt , 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, 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 its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. 1&l rSON DRAE I Commission Number 159791 Ste_ My commission Expires ow 3 7 ao i a Notary Public in and for the State of Iowa My commission expires: 3 f '7l1P0j1!R, Hieronymus Family Partnership, LLC Acknowledgement: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this I9+L day of ` �R r,-cc-o- , 20 i 1 , before me, the undersigned, a Notary Public in and for the State of Iowa, person I appeared �V) to me personally kno`W�n� who being by me duly sworn, did say that the person is (Yl�t_t rQr- -ne. (title) of Hieronymus Family Partnership, LLC, and that said instru signed on beha of the said limited liability company by authority of its managers and the said Mctitt � tit rinCracknowledged the execution of said instrument to be the voluntary act and deed bVsaid limited liability company by it voluntarily executed. luAle. Notary Public in and for the State of Iowa at i KELLIE K.'TUTTLE My commission expires: o� s�ilcommissionNumber221819 i M1fy Con mks on Expires ion � ����J.l 3 3 I II I II II IIII I III VI I VI II III I I III I I II I II II I I VI I I I II V I I I II II I II I I II I (I Doc ID: 022111600010 Type: OEN Kind: ORDINANCE Recorded: 02/18/2011 at 02:08:54 PM Fee Amt: $54.00 Pace 1 of 10 Johnson Countv 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 Ordinance attached hereto is a true and correct copy of Ordinance No. 11-4423 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of February, 2011, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 17th day of February, 2011. if !� u��j1 J � • T�li� it / Marian . -Karr City Clerk \ord C® PQPPAATE OEAL 410 EAST WASHINGTON STREET e IOWA CITY, IOWA 52240 -1826 a (319) 356.5000 e FAX (319) 356 -5009 1] Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5239 (REZ10- 00013) ORDINANCE NO. 11 -4423 ORDINANCE REZONING APPROXIMATELY 2.97 ACRES LOCATED NORTHWEST OF THE INTERSECTION OF FIRST AVENUE AND HICKORY TRAIL TO AMEND A PREVIOUSLY APPROVED PLAN FOR A PLANNED DEVELOPMENT OVERLAY, MEDIUM DENSITY SINGLE FAMILY (OPD -8) ZONE.(REZ10- 00013) WHEREAS, the applicant, Casey Boyd, LLC, has requested an amendment of a previously approved Planned Development Overlay Medium Density Single Family (OPD -8) zone located northwest of the intersection of First Avenue and Hickory Trail; and WHEREAS, the Comprehensive Plan's design guidelines for new neighborhoods emphasize efficient and compact design with densities of 5 -7 dwelling units per acre; WHEREAS, the Northeast District Plan identifies lots fronting on the west side of First Avenue as appropriate for townhouse and multi - family development; and WHEREAS, the applicant has proposed a 16 -unit multi - family building with vehicle access from an extension of Hickory Trail, reserving a large portion of the lot as natural open space; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and site plan and determined that it complies with the Comprehensive Plan provided that it meets conditions related to minimizing impacts on the adjacent park from urban development and compliance with all standards for the Planned Development Overlay; and WHEREAS, Iowa Code Section 414.5 (2009) 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 as an OPD -8 zone complies with the Comprehensive Plan's vision for the Bluffwood Neighborhood as described in the Northeast District plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conc it{onal Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Low Density Single Family Residential (RS-5) zone to` Planned Development Overlay Medium Density Single Family (OPD -8) zone: ' ' HICKORY POINTE, IOWA CITY, IOWA IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 55, AT PAGE 13, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 2.97 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF THE RECORD. SECTION III. 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 owner's 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 15th day,,o;f February, 2011. MAYOR k Ordinance No. 11 -4423 Page 2 ATTEST; Y CLEj2K Approved'by - C ORP City Attorneys Office � � �' �� O Tr AL Lv Ordinance No. 11 -4423 Page 3 It was moved by Bailey and seconded by Aims that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Bailey x Champion x Dickens Hayek x Mims x Wilburn x Wright First Consideration 1/25/2011 Vote for passage: AYES: Mims, Wilburn, Wright, Bailey, Champion. NAYS: None. ABSENT: Dickens. ABSTAIN: Hayek. Second Consideration 2/1/2011 Vote for passage: AYES: Bailey, Champion, Dickens, Mims, Wilburn, Wright. NAYS: None. ABSTAIN: Hayek Date published 2/23/2011 >k Prepared by Sarah Walz, Associate Planner, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5239 (REZ10- 00013) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Casey Boyd, LLC (hereinafter "Owner "); WHEREAS, Owner is the legal title holder of approximately 2.97 acres of property located at the northwest corner of First Avenue and Hickory Trail; and WHEREAS, on March 10, 2009, Council approved Ord. (09 -4327) zoning this land Planned Development Overlay Medium Density Single Family (OPD -8) to allow for the development of three six -unit residential structures; and WHEREAS, the Owner has requested an amendment to the development plan to allow for the construction of one 16 -unit residential structure; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding site design, building and retaining wall elevations, vehicular and pedestrian access, landscaping, the establishment and maintenance of a natural open space, and stabilization of slopes, the requested change to the development plan is appropriate in this location to allow the proposed 16 -unit multi- family building; and WHEREAS, Iowa Code §414.5 (2009) 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 vision for the Bluffwood Neighborhood as expressed in the Northeast District Plan; 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. Owner is the legal title holder of the property legally described as follows: HICKORY POINTE, IOWA CITY, IOWA IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 55, AT PAGE. 13, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 2.97 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF 1 HE RECORD. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the .parties acknowledge that Iowa Code §414.5 (2009) 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. ppdadmlagVrez 10 -00013 cza hickory Vail.doc 1 q 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Substantial compliance with the Preliminary Planned Development Plan submitted January 5, 2011, attached and incorporated herein, with regard to the layout, including the location and size of the building, retaining wall, and rear access drive. b. Substantial compliance with the building elevations submitted January 10, 2011, particularly with regard to the variation in fagade; use of quality materials, including cement board siding and stone veneer; roofline; and window pattern and bays which break up the mass of the buildings and ensure compatibility with the character of the surrounding neighborhood, including single - family areas within the neighborhood. c. All landscaping (trees and shrubs) must comply with the species list provided by Johnson County Heritage Trust or similar list from the Iowa State extension. d. Prior to the issuance of a building permit, Owner shall obtain: i. Design Review Committee approval of building materials (including colors), and design and materials for the proposed retaining wall. ii. Planning staff approval of a detailed plan for all landscaping, including landscape screening of the retaining wall, and plans for establishing and maintaining prairie in the proposed open space, including species selection and long term maintenance. e. Owner shall obtain a grading permit for the site and newly created slopes must be stabilized prior to issuance of a building permit. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2009), 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. 6. 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 tq'pk'e 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 acknowledges 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. & The parties agree that any previous conditional zoning agreement(s) for this property are hereby declared null and void and shall have no further effect. 9. 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 ppdadMa9Vrez10-00013 cza hickory Mf.doc - Lf Recorder's Office at the Owner's expense. Dated this 15th day of February , 20-LL—. CITY OF IOWA CITY Matthew J. Hayek, Mayor 2 Attest: t-, J 7i Marian K. Ka , City Clerk Approved by: G City AttorneyV Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) COP POI I E SEAL This instrument was acknowledged before me on Ft- gzuA2u 15 , 2011, by Matthew J. Hayek and Marian K. Karr, who did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City; 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 its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily soNORneFOar l- . Cornmisslon Number 159791 cr Fo } My Co mission Exp(res acn�j-tgp_ l—uT`CJ 3 7 ao a Notary Public in and for the State of Iowa CASEY BOYD, LLC, ACKNOWLEDGEMENTS STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on J �h�0.� �S' 2011, by C� s� 5, t3ou (name), as the Ow, e ` 4rnn a le) of Casey Boyd, LLC. N61t ublic in and for the St to of Iowa ppdadm/agV(eM 00013 cza hickory Valdm 3 IN I EB LQ 5� dg zS �R S� Sig if ISI Ali J JJ a� [! I ge S� 9 [ @R@{e P�999 ?t _ gg93y A� Q� F� d� �e i� s§ i� o� 9� g� 8E gs 9 a g� d 3 HOMW RANT CONDOYIN/UMS a Untrauer Drafting Service, Into A NOOK THHBE BULLS, INC 33iD 51[PtNN. CARE, F?RA GiY, pkA SP1t0 (J19) 319 -59f5 IN �a �s Y "- 5 9� t� spa ��� ,/, I fig. fT g e �a 9 � _ 5 4,2 _ P 4}j / — F� eg i 69� I l I '. oaane 111 I' I I Ee I.:z;. �a Z s. i U O Y "- 9� ++I p It spa ��� ,/, �✓ fT 9 � _ 5 4,2 _ P 4}j / — F� Z s. i U O Z C z� wQ O n W �CxO C W HzO$ z [z F-ti H F--I a ] x ++I p It spa ��� ,/, �✓ fT 9 � _ 5 4,2 _ P 4}j / — F� eg i ge b a x g 3 5 k to yd nlI 353 ' Y E# �_ Z C z� wQ O n W �CxO C W HzO$ z [z F-ti H F--I a ] x ++I p It spa ��� ,/, �✓ fT 9 � _ 5 4,2 _ P 4}j / — F� eg i Doc ID: 022147440007 Type: GEN Kind: EASEMENT Recorded: 04/08/2011 at 11:33:12 AM Fee Amt: $39.00 Pace 1 of 7 Johnson Countv Iowa Kim Painter Countv Recorder • • ! I tee, STATE OF IOWA ) ) SS JOHNSON COUNTY ) (,:- 1, 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. 11-98 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 5th day of April, 2011, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 7th day of April, 2011. Marian IC-Karr . City Clerk \'es r i' a CCPCR,�i1 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240 -1826 a (319) 356 -5000 *FAX (319) 356 -5009 6 Prepared by: Sara Greenwood Hektoen, Asst, City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356 -5030 RESOLUTION NO. 1 i —qg RESOLUTION ACCEPTING THE DEDICATION OF AND AUTHORIZING THE MAYOR TO ENTER INTO A PUBLIC ACCESS EASEMENT AGREEMENT FOR A PORTION OF OUTLOT 5, ORIGINAL TOWN, IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, Owner, DASH Properties, L.L.C., desire to adjust a lot line for properties it owns near the intersection of Market Street and Governor Street; and WHEREAS, upon examination of the proposed lot line shift, it was determined that a public access easement was necessary for a portion of said lots currently being used as an alleyway; and WHEREAS, Staff finds it in the public interest to accept the dedication of said easement and enter in to an easement agreement with the Owner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Acceptance of the above - referenced easement is hereby approved and authorized. 2. The Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said dedication, including a public access easement agreement, and to record the same at Owner's expense. Passed and approved this 5th day of ATTEST: 9K, ZWJ CITY CLERK CORWO RIVE SEAL 2011. MAYOR T App oved by /(� " a o � % lip ' City Attorney's Office 3110/// 4f(5) 6 Resolution No. 11 -98 Page 2 It was moved by chamni 0n and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: wpdata/glossarylresolu6on- lc.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Prepared by and Return to: Mark C. Danielson, 222 South Linn Street, Iowa City, IA 52240; 319 - 338 -7551 PUBLIC ACCESS EASEMENT AGREEMENT FOR A PORTION OF OUTLOT 5, ORGINAL TOWN OF IOWA CITY, IOWA THIS AGREEMENT, made and entered into by and between DASH Properties, L.L.C. (Owners), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa, a municipal corporation, ( "City "). 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 easement for the purposes of the right of public access to the area(s) designated as "Public Access Easement" on the Public Access Easement Plat (Exhibit A) attached hereto and incorporated herein and referred to herein as "easement area." The grant of rights under this Agreement provides City and the general public with a means of ingress, egress and passage over the easement area. The Parties acknowledge that the Easement Area has been used as an alleyway for many decades. Owners reserves a right to use said easement area for purposes which will not interfere with City and public's full enjoyment of its rights hereby granted; provided that the Owners shall not erect or construct any building, fence, retaining wall or other structures over the easement area; plant any trees or gardens, drill or operate any well; or construct any reservoirs or other obstructions on said area; or diminish or substantially add to the ground cover over the easement area. Nothing in this Agreement shall be construed to impose a requirement on the City to install, improve, maintain or repair the easement area at issue herein. Nor shall the Owners be deemed acting as the City's agent during the original construction and installation of said improvement. The Owners hereby covenant 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. 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 land and with the title to the land. 1 6 SIGNED this 5 1�i— DASH PROPERTIES, L.L.C. day of Af 21 r— 12011. Doug as W. Alberhasky, MarlagQf CITY OF IOWA CITY By:E xt Matthew J. Hayek, Mayor Approved by-.Ata X'khal, City Attorney's Office '3110II State of Iowa, County of Johnson, ss: Sabrina A.H. Alberhasky, Manager Attest:l Marian K. Karr, City Clerk CORPORATE SEAL On this // 7 `V day of awc� , 2011, before me, a notary public for said state, personally appeared Douglas W. Alberhasky as Manager of DASH Properties, L.L.C., to me known to be the persons named in and who executed the foregoing instrument, and ac U Pyprtjtprl a same as their voluntary act and deed. r'n" JOYCE ORTE : - ) ), COMMISSION NO 1&0'170 (—/d-- ��4�- fNC O VISSICizV =., S ES Note bli for the State of Iowa State Iowa, County of Johnson, ss: On this 2 <� h day of 2011, before me, a notary public for said state, personally appeared , Sabrina A. H. Alberhasky as Manager of DASH Properties, L.L.C., to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. WME ER 030 Notary Public fort e State of Iowa l State of Iowa, County of Johnson, ss: On this S day of /Vrtt L- 2011 before me, the undersigned, a notary public for the state of Iowa, 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, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed Woif- kam/MCD/AlberhaskyDoug/EasementAgreement02lI SONDRAEFORT �+nA -L mmissionNumber159791 NOtar Public for the State Iowa My Commission Expires y 3 tJ I � I N i L� H i ° j r n L _. i Z o - a i A! l z oz 44yc r e x�3 o a S� av 0 6 �9 *s . u C °s -p N°ODm y s i g;@ l4 y �S9 �m Sol �- GOVERNOR �1 mro ,gg o�rd �f n �r z roro�0a H ' I 1,1!IYh t f O z° �g g EVANS STREET £3 tea+ C7 H H A Ew 3pi'mtos . i - niNOo UNION PLACE A °m a a m m�F ` -- -- - - -- — moo= r mmS 3� Nay B. M �s� s,N ° on° OYP °yP y G {`tea ° "e' -m�� oezo� WA `0 0 MO V. `a�H ao� m -83 z APP2 " O ° =a �visd9° K�Pn? KNE � v o a S� av 0 6 mho . u C ro -p N°ODm y s sj�a y-4 VC10 -1C H y O a AM �yo mx Pi 06 IIIIIIIIVIII(IIIIIII��II) I�)(IIIIIIII)IIII�I I(III�IIII ((III IIIII(II IIIIIIII Doc ID: 022147500012 Type: GEN Kind: RESOLUTION Recorded: 04/08/2011 at 12:41:15 PM Fee Amt: $64.00 Paoe r of 12 Johnson Countv Iowa Kim Painter Countv Recorder BK4733 PG799 -310 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.l 1 -108 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 5th day of April, 2011, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 7th day of April, 2011. Marian . Karr City Clerk fires 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240 -1826 0 (319) 356 -5000 o FAX (319) 356 -5009 1/ t, N Ir �1 Prepared by: Kimberly Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO, 11 -108 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA NETWORK SERVICES, INC. TO USE CERTAIN PUBLIC RIGHTS -OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. WHEREAS, Iowa Network Services, Inc. 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 Iowa Network Services, 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 Network Services, 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 Network Services, 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 Network Services, Inc.'s expense. Passed and approved this 5th day of April , 2011. /44011 �l _ MAYOR Approved by ATTEST: ar�� �1✓ 1 VLF MM C CITY'CLERK City Attorney's Office -3 y, CORPORA E SIAL L9 Resolution No. 11 Page 2 It was moved by Champion and seconded by n; ekeng the Resolution be adopted, and upon roll call there were: AYES: x x x X x x x wpdaWglos sary/rmlubon4c.doc NAYS: ABSENT: Bailey CI ainpion Dickens Hayek Mims Wilburn Wright I A LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND IOWA NETWORK SERVICES, 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. 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 Iowa Network Services, Inc., an Iowa corporation located at 4201 Corporate Drive, West Des Moines, IA 50266 -5906. 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 and B 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 U 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 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. 93 NJ 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 0 ; 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 ii. 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 herein shall limit the City's right to require Licensee to relocate its Network as provided in Section 8 hereof. 5 u 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: Vice President - Engineering Iowa Network Services, Inc. 4201 Corporate Drive West Des Moines, IA 50266 -5906 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. This agreement shall be recorded in the Johnson County Recorder's Office, at Licensee's expense. Dated this 5k4 day of APP t�- 2011. CITY OF IOWA CITY �- Matthew J. Hayek, Mayor Attest:lra.��x�1 City Clerk IOWA NETWORK SERVICES, INC. By: Robert J.Sh ock Approved by: CORPORATE SEAL City Attorney's Office 3f 21 I CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 5 day of Ap2tt 2011, 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. /1-182 and passed by the City Council, on the � t� day of APR61, , 2011, and that Matthew J. Hayek and Marian K. 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(7 W 1O V'3513H v d0 O m /1 Q /+ <JUN -ER R Q ISO % z F g 1< -u G C 0 0D z i m m Gd0 (. a°SSCOTTBLVD dY Z - = Doc ID: 022147730008 Type: GEN 1 2 r]D 7 RecordedS004108 %2011 at 04:02:08 PM ��1 I� 417 Fee Amt: $0.00 Paae 1 of 8 Johnson County Iowa Orvisors 'Kim Painter Countv Recorder Board Of Sup SK4738 PG866 -373 Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5139 RESOLUTION NO. 11 -109 RESOLUTION AUTHORIZING EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY REGARDING CERTAIN OBLIGATIONS INVOLVING THE BUTLER BRIDGE PEDESTRIAN TRAIL PROJECT WHEREAS, pursuant to Chapter 28E of the Code of Iowa (2011), Iowa City and Johnson County desire to enter into an agreement outlining their respective duties and responsibilities regarding the Butler Bridge Pedestrian Trail Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor and City Clerk are hereby authorized to execute in duplicate the Chapter 28E Agreement with Iowa City and Johnson County attached hereto and incorporated by reference herein, and said agreement is hereby approved as to form and content, and found to be in the best interests of the citizens of Iowa City, Iowa, 2. The City Clerk is hereby authorized to forward the executed Resolution and Agreement for recording to the Offices of the Johnson County Recorder and for filing to the Iowa Secretary of State, with recording and filing costs to be shared by both cities. Passed and approved this 5th day of April , 20.._iJ- �:r0 -11-1 t1`1ATF EAI- ATTEST: sr -W20�l CITY CLERK A--v 4,-- �A MAYOR Approved by l��l City Attorney's Office 3 �, � I I It was moved by Bailey and seconded by idi I burn the Resolution be adopted, and upon roll call there were: AYES: x x x X _X — x x Nengfrevbogerb6dge28 E.do NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Wiled by Andrew B. ClnppelI, Assi51ml County Altomcy, P.O. Box 2450, lows City, Imrn 52244, 319.339.6100 and Sara Greenwood Hokloen, Ass islart City Atlomey, 410 B. Washington SI., Imen City, Iowa 522-14, 319.350.6130 28E Project Agreement between Johnson County, Iowa and the City of Iowa City, Town for Improvements to the Dubuque Street/Butler Bridge over the Iowa River WHEREAS, both the City of Iowa City ( "the City ") and Johnson County ( "the County ") are public agencies as is defined by Section 28E.2 of the Code of Iowa (2011); and WHEREAS, the City and the County recognize that the road known as Dubuque Street in both the City and the County is an important link between Iowa City and north central Johnson County for vehicular, bicycle, and pedestrian Iraffic; and WHEREAS, the City and the County are in the process of working on local improvements to the structure with a County Identification of Butler H -33 -1 and an FIIWA/NI II Identification of 204951 (hereinafter Dubuque Street /Butler Bridge) over the Iowa River; and WHEREAS, the City and the County wish to enter into an agreement relating to the improvements to the Dubuque Street /Butler Bridge and sharing the cost thereof. IT IS NOW AGREED that the City and the County enter into an agreement pursuant to Chapter 28E of the Code of Iowa (2011) providing for cooperative action pursuant to the proposed construction project and said cooperative actions include the following: 1. PURPOSE AND PROJECT SCOPE: The purpose of this Agreement is to define specific responsibilities for construction of improvements to the Dubuque Street /Butler Bridge over the Iowa River immediately northeast of and adjacent to the City limits and in the County. Said improvements shall include both attaching a cantilevered pedestrian bridge to the existing Dubuque Street /Butler Bridge and extending the Iowa River Corridor trail system north to Quarry Road and south to the Iowa City Waterworks Park.. 2. CONSIDERATION: The mutual consideration herein is undertaking the improvements to the Dubuque Street /Butler Bridge. No separate legal entity is created by this Agreement. The Johnson County Board of Supervises shall administer, the County's duties and responsibilities herein. The City Council of Iowa City shall administer the City's duties and responsibilities herein. 3. RESPONSIBILI'T'Y FOR WORK: The City shall be responsible for obtaining any necessary right -of -way and temporary construction easements for the project. The City shall have sole and exclusive responsibility for the construction work, which will be let through the City of Iowa City. This responsibility generally shall include, but not necessarily be limited to, design, preparation of plans, specifications, bidding, construction administration, construction inspection, consuuction layout, project management, utility relocation, and acceptance of improvements. All necessary design work shall be prepared by such engineer(s) or consultant(s) as the City may determine. The County shall be responsible for general project inspection oversight as the County would commonly provide for public improvements made by a contractor on roads that are a part of the County'sjurisdiction and to designate a staff engineer who will be available to visit the project site as needed to address construction issues as they arise for the County's portion of the project. 4. TIMING OF WORK: The City shall use all good faith efforts to complete construction on the entire project prior to October 31, 2011. 5. FINANCING: Tire City and County agree to share the costs of this project as set out below, with the County reimbursing the City for its portion thereof. The parties acknowledge their responsibility for the actual costs of the items set forth in this paragraph and the Engineer's Construction Estimate, attached hereto as Exhibit A, and that the amounts listed herein are only estimates of those costs set out for planning purposes. a) For that portion of the project including the cantilevered pedestrian bridge and trail extensions, the City shall be responsible for 100% of the construction cost, estimated at $928,635. b) For that potion of the project including bridge approach and joint maintenance, tine County shall be responsible for 100% of the cost, estimated at $78,402. Construction of tine project shall be let through the Iowa Department of Transportation, in coordination with the City of Iowa City. Tine construction work shall be bid in a manner so as to allow the County and City to separately itemize and allocate the costs of construction Nvork between themselves. If bids are not made in such a manner, or if either party ill its sole discretion finds said costs to be unacceptable based on comparison to engineers' estimates, said party may reject the bids and opt out of this Agreement with no liability. Nothing in this Agreement shall be. construed to limit either party from obtaining and using state or federal grant monies for its share of the costs allocated above, 6. TIMING OF PAYMENTS BY THE COUNTY: The County shall submit payments to the City consistent with its responsibilities set out above as progress vouchers are submitted to the County by the City Engineer in charge of construction and project management. The City Engineer will submit project vouchers to the County no more frequently than bi- weekly and no less frequently than bi- monthly, as work oil the project progresses. 'file County will submit its payments within 30 days of receiving each respective project voucher from the City Engineer. 7. EFFECTIVE DATE: This Agreement shall be effective when approved and signed by the Johnson County Board of Supervisors and the City Council of Iowa City, and filed with the Secretary of State as provided in Chapter 28E.8 of the Code of Iowa (2011). 8. DURATION: With the exception of paragraphs 9 through 12, below, this Agreement shall continue in force until either party opts out pursuant to the terms of paragraph 5 above, either party opts out after required public hearings, or the final acceptance of work is made by the County Engineer and the City Engineer and final payment has been made to the City by the County as set foilb above. Paragraphs 9 through 12 shall survive termination of the remainder of this Agreement and shall be perpetual in nature. 9. REPRESENTATIONS REGARDING PEDESTRIAN BRIDGE: The City represents to the County that the proposed pedestrian bridge, as designed: (1) shall be constructed in accordance with a generally recognized engineering or safety standard, criteria or design theory currently in existence; and (2) will not negatively impact the structural integrity, bridge loads, or useful life of the existing Dubuque Street /Butler Bridge. Said representations are based upon information received by the City from its consultant, Professional Engineer Robert A. Bang, of Shoemaker and Ilaaland, as set out in the approved design plans and the letter from Baug to Assistant City Engineer Brian Boelk, attached hereto as Exhibit B. 10. DAMAGE TO EXISTING STRUCTURE: The City shall be solely responsible for the cost of repairing any damage to the existing Dubuque Street/Butler Bridge caused by the wok performed consistent with this Agreement, including bat not limited to any damage caused by the pedestrian bridge being attached to the Dubuque Street /Butler Bridge that appears or is discovered after the final acceptance of work. 11. PERMISSION TO A'I fACH PEDESTRIAN BRIDGE TO EXISTING STRUCTURE: Based upon the representations made by the City in paragraphs 9 and 10, above, the County hereby grants its permission to the City to attach the pedestrian bridge to the existing Dubuque Street/Butler Bridge. The pedestrian bridge shall be attached to the existing structure as described in the engineering and design plans drafted by Shoemaker and IIaaland, signed by Professional Engineer Robert A. Baug, and previously reviewed and approved by the County Engineer. 12. MAINTENANCE OF IMPROVEMENTS: The City shall be responsible for all future maintenance to the cantilevered pedestrian bridge, including but not limited to snow and ice removal, if any. To the extent the pedestrian bridge can be inspected as part of the regular inspections of the existing Dubuque Street/Butler Bridge, the County agrees to have it inspected as part thereof and to provide a copy of the inspection report to the City. To the extent the pedestrian bridge requires an independent inspection, the City shall be responsible therefor and shall provide a copy of the inspection report to the County Engineer, 13, INTERPRETATION AND ENFORCEMENT: Interpretation and enforcement of the Agreement shall be in accordance with Chapter 28E of the Code of Iowa (201 I) and statutes respecting the rights and responsibilities of the political subdivisions. 14. DISPUTE RESOLUTION: Matters in dispute or subject to interpretation shall be first submitted to the parties for resolution prior to either party pursuing administrative or judicial remedies. In the event such matters must be submitted to the parties, they shall be submitted specifically to the City Manager of the City of Iowa City, as representative for the City, and to 3 the Johnson County Engineer, as representative for the County, who will both make a good faith effort to resolve the dispute. JOHNSON COUNTY This Agreement was approved x official action of the Johnson County Board of Supervisors in official session on the *7 day of _00% W : 4— 2011. Al _ S AT41 EST: r �✓ ' - County Auditor CITY OF IOWA CITY CJ c� Patrick Harney, Chairperson Johnson County Board of Supervisors This Agreement was approved by official action of the City Council of Iowa City in official session on the S4' day of App-o- 2011. I( R\f1 11AIlnS A1. ATTEST; City C rk ,I Matthew J. Hayek, Ma or City of Iowa City 17 BXHIBIT A (n uiAPU�u P..n Sb �n Pw � PCii is - _NAw- Wi _.DU �' °N vym Ndm WY6 L6o °o ��Gpe�°,Gh °oo°' °o °o °o °o °o °oo °o °oo� °o °o Goo$ &Sue Hs- £G Go u3RouG F)n 3�Cm➢ D� N -IN -TT 3P3° n43Wp♦+�Dg♦''3< °Gyp M ➢m ;Lwy}� n�o''ov`..°oa ➢V-]f a0i A�IONAAPAIIiN t� 3ff3 NNNr.L ND ym22 �A (n//��y %L)�°R"- lW3xxNOORRan <6 OC °m SSm �O n n� m~mnt' �A -Zi <11 Ar yD° U�NOIf, W ��m LID yEg y0 je�y °GD3DC�C�r �F 3r� E ➢OyDOOp nCDG<UnOp ➢�'TOZ.i'm 00<�Q{ onxF °D / Gan'A" �1mT22i °n �A p mm�m�m��(ln r�D� oz D �ocRh'"vv��2 Done mpN Amin -+$oN n�W3ap< -� �zvuQ3 ' n DnW i"om iPP�w 3zi1FAn�r D A�mp LIn ^O�4 n� %FrD-a b"6 Anq °F 2m3D o0 y <D C 2Q�WA rF D< 6n�nm nA n `a� "=n "n n� �r..l� n � 5 �� Rv, �♦ ° p D 2 30 °G. bT) AO O Fn PS.' n�nGrT" Grn`'' 20 `�S"Sn°,r,Gr ?rG6GGGG474G`2G7'2 min x x ?x _ ---- t�0u -- u " WWWNmOQ bP uSi'tl oAV " "Nw o o A vi Nu ti• AN G_ AW jF Nru NP" PAPNN "(•iu iY'i r•P po- -N-- W 2 C o�i� w�w M N a "I H�i 111X HPONOU NNo o�iNO if °oe.uu. a's s O A o a O Q N8 x N .Aw 'PPNOSS APO°p� m .g� Hn� ° �O° o NWV n N A I EXHIBIT B I ,J� 1 I lool`I'I Iker,i, I hill, mII v [ �: irrp'(:.•fitgrrlrJ lulrz fu:rliug Malvdi 22, 2011 N9r. Brian Buell: Cit1, or lova City lingi lice ring Dcpailmcnt 410 Gosl Plashington Street Iowa Cily, Iowa 52240 Re: Dubuque Shwi over (hc Iowa River P.C:.C:. Si lie walk /Trail Dear \4r. Buclk: Relative to our recent coil velsalions and smalls, I am writing this Iet(cr to confirm Ihat the new pedestrian bridge being added to the Dubuque S(rect Bridge over the Town River will ntninlaia the structural integrity orlhe oxisiing facility. In certain areas, such as load distribution at the abuhneuts, pedestrian safety, and potential eoniliets between vehicles mud the harrier rail the proposod design will allow for improvements. Below arc some bullet points to discuss some orthe interaction W(wcen (he existing and added struclurc. I. New pedestrian bridge will imertilce %vHh existing bridge at piers, abutments, and harrier rail. 2. The pedestrian bridge post tensioning - applies compressive load to the piers resulting in increased load carging capacity orlhe caps. 3. The pedesirian In idge abutments have their own support piles. When now abutment is attached to To existing stmatum, dlis helps (o dimribale the much heavier vehicle lands owcr a huger urea. 4 Loads in the pier and roofing aic below design limits. 5, The existing barrier rail located on the top or ,jerscy hurt ier will be replaced with system out of roadway and reducing the likelihood of damage from road motorized vehicles. I IS pedestrian bridge will be mounted on existing piers above high water elevation, so no hydnadic impacts are anticipated. %. I loving a dedicated pedestrian way will decrease, irno! eliminate, coil llicts be(wcen pedestrians and vehicles. S. ;111 nuuterials used on (his project will be required to meet Iowa Depnommit ofTrausportalion and /or Redcrld I lhluwfp, administration requiremems. 1601-lo1fday Read 3343Soua:5atc CCSW, Ste, 109 7021 Man Slrcct Com,Mfe, Iowa 52241 Cedar f ;ap.'Ot, larva 52901 K(_,& A. Iowa 52632 Piione:3123511150 Piwne:B 122a&NDS Phone: 312524.200.9 17 NIL Brian Boelk iMnrch 22, 201 I Pogo 2_ 9. 1TV bridge addition cumpmwnN will he risible mill to suue eyuipmag used Rw current bridge h6p uhms Should you luny. ❑dcN4MM goaslio m Commning ON projccl, Name do nol hesilnle to cmvnd us. Sincerely, SIdOIs1�4N{IiR&,, IIAALAND PROPHSSIONAI, BNOINGGRS i N ° c C Robert A. Bang„ P.G. A, RABA 010111 I Ln 01 r O Li -s In v 3 t5 s S 5 4 Doc ID: 022167330004 TVOe: GEN K1nd: PLANNED HOUSING DEVELOPMENT Recorded: 04/21/2011 at 10:30:00 AM Fee Amt: $24.00 Pane 1 of 4 Johnson Countv Iowa Kim Painter County Recorder I I • • • 0 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) (Ce. I 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 and amended per section 14 -8D -7 D.1.b of the Zoning Code, The City Clerk will file and record this plan and all necessary documents at the Owner's expense. Dated at Iowa City, Iowa, this day of / / , 2011. Jeff Dafidson, Director of Planning and Community Development Marian R. Karr, City Clerk PCD1fnal optlh force o °° EEF 8841 Doc ID: 022159460011 Type: GEN Kind: RESOLUTION Recorded: 04/25/2011 at 01:11:59 PM Fee Amt: $59.00 Pace 1 of 11 Johnson Countv Iowa Kim Painter Countv Recorder BIL r- cc CITY OF IOWA CITY 410 East Washington Street 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 true and correct copy of Resolution No. 11 -146 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 19 °1 day of April, 2011, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 22aa day of April, 2011. Mari - Karr City Clerk VeS L- SEAL /r!(, L 22 HL Prepared by: Sara F. Greenwood Hektoen, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319- 356 -5030 RESOLUTION NO. 11 -146 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A DEVELOPER'S AGREEMENT, AND SANITARY SEWER AND WATERMAIN EASEMENT AGREEMENT FOR NORTHPOINT CROSSING, LOCATED WITHIN HIGHLANDER DEVELOPMENT, SECOND ADDITION, IOWA CITY, IOWA. WHEREAS, pursuant to the code of Ordinances of the City of Iowa City, 246 Group, L.L.C., A &B of Iowa Inc., and Posh Hotel, L.L.C. have submitted a site plan for development of certain property located Within the Highlander Development, Second Addition in Iowa City, Iowa; and WHEREAS, city staff approved the site plan subject to the property owner granting to the City a sanitary sewer and watermain easement, as well as entering in to a Developer's Agreement with the City for the installation of certain public improvements and the payment of a water main extension fee; and WHEREAS, Staff recommends entering in to the Developer's Agreement and accepting dedication of sanitary sewer and watermain easements, as Staff finds it in the public's interest to ensure the integrity of the public improvements serving the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds it is in the public interest to enter in to a Developer's Agreement and accept a sanitary sewer and underground utility easement for the development of Lots A and 24 of the final plat of Highlander Development, Second Addition, Auditor's Parcels C and D of the plat of survey recorded in Book 33, Page 323, in the Records of Johnson County. 2. The Mayor is hereby authorized to sign, and the City Clerk to attest, a Developer's Agreement and Sanitary Sewer and Water Main Easement Agreement with 246 Group, L.L.C., A &B of Iowa Inc., and Posh Hotel, L.L.C. to allow for the development of the above described land, in a form approved by the City's Attorney's Office. 3. The City Clerk is hereby authorized and directed to certify a copy of this Resolution for recordation in the Johnson County Recorder's Office, together with the agreements approved and accepted herein, said recording costs to be paid by 246 Group, L.L.C. a Id approved this 19th day of � --0, --- MAYOR o tem Approved by J04- - &64pcJ lwwo�v✓ Y//3 /// 2011. ATTEST: (� CITY CLERK SEAL C\ Resolution No. 11 -146 Page 2 It was moved by' champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: x x x x x x wpdaWglossary/resoldon;c.doc NAYS: ABSENT: ABSTATN: Bailey Champion Dickens Hayek x Mims Wilburn Wright 9 Prepared by and after recording return to: Sara Greenwood Hektoen, Assistant City Attorney, 410 X Washington Street, Iowa City, Iowa 62240, 310 - 356.5030. DEVELOPER'S AGREEMENT AND SANITARY SEWER AND WATER MAIN EASEMENT AGREEMENT NORTHPOINT CROSSING IOWA CITY, IOWA THIS AGREEMENT made by and among 246 Group, L.L.C., hereinafter referred to as "Developer ", A & B of Iowa Inc, and Posh Hotel, L.L.C., hereinafter referred to as "Owners ", which expressions shall include their successors in interest and assigns, and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the "City'; and WHEREAS, Developer is the legal title holder of approximately 2.16 acres of property located adjacent to Highway 1 (North Dodge Street) and legally described as follows: See Exhibit "A" attached hereto and incorporated herein, hereinafter the "Real Estate'; and WHEREAS, access to the Real Estate is provided across an access easement granted from Owners to Developer; and WHEREAS, Developer seeks to build up to three structures to be used for commercial purposes; and WHEREAS, said intended uses for the Real Estate will result in the need for certain public utility-improvements as well as enhanced off -site traffic circulation controls to provide for the proficient and safe routing of pedestrian and vehicular traffic in and aground the Real Estate. NOW, therefore, in consideration of the City approving the Site Plan for the Real Estate, and the mutual promises contained herein, the parties agree as follows: {00323708.DOC} C\ _2. Section 1. Off -site Traffic Circulation Improvements. Developer acknowledges that the development of the Real Estate will result in increased traffic and the need for a left turn lane, including new traffic signals, for westbound traffic entering Highway 1 from the access easement running parallel to the Real Estate [hereinafter "Left Turn Lane Improvements ']. Developer therefore agrees, as a covenant running with the land, that Developer shall design said Left Turn Lane Improvements to City .standards and specifications. Developer agrees that it shall be responsible for improving the access roadway as necessary to accommodate the left turn lane and traffic signals, and acquiring and installing any new signal pole and /or mast arm necessary for the traffic signals at Developer's expense. Developer shall secure any additional easement rights from Owners or other parties should additional easement area be required. Developer further agrees to obtain all necessary permits required by the Iowa Department of Transportation for the installation of said Left Turn Lane Improvements at Developer's cost. ' City agrees to install and program any traffic signal heads necessitated by the left turn lane at its cost. Developer shall perform its obligations pursuant to this Section prior to issuance of a Certificate of Occupancy for Building 1 and Building 2, as shown on the approved Site Plan. Section 2 Sanitary Sewer and Water Main Easement Developer and Owners hereby grant and convey to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, water mains, pipes, mains, and conduits as the City shall from time to time elect for conveying water and sewage, with all necessary appliances and fittings, for the use in connection with said lines, together with adequate protection therefore, and also a right of way, with the right of ingress and egress thereto, over and across the areas of Developer's and Owners' properties, respectively, designated as "Sanitary Sewer Easement" and "Water Main Easement" as shown on the Easement Plat, attached hereto as Exhibit `B." Developer and Owners 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 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 and restore any damages caused by the City within the easement areas. The City shall indemnify Developer against unreasonable loss or damage which may occur in the C\ -3- 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. Developer shall indemnify and hold Owner's harmless against any damages, claims, losses or costs which may occur during Developer's installation of the Left Turn Lane Improvements, including but not limited to Owners' liabilities to the State of Iowa and /or Iowa Department of Transportation under the Agreement for Revision of Access covering this project. Developer and/or City, as applicable, agree to maintain a single lane of traffic for access to Owners property throughout the period of construction of the Sanitary Sewer and Watermain contemplated under this Agreement. Developer and Owners reserve 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 Developer and Owner, as applicable, 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. Retaining walls, fences and /or other improvements placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. Developer and Owners do hereby covenant with the City that they are lawfully seized and possessed of the Real Estate above described, and Developer and Owners have good and lawful right to convey said Real Estate, or any part thereof, Nothing in this Agreement shall be construed to impose a requirement on the City to install the original sanitary sewer or water main improvements at issue herein. Nor shall Developer 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 improvements herein shall be in accordance with City specifications, and the obligation shall remain on Developer until completion by Developer, 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. Section 3. Release. The City agrees that when the Improvements set forth in Sections 1 and 2 herein have been installed as required to the satisfaction of the City, the City will, upon request, promptly issue to the Developer, for recording in the Office of the -4- Johnson County Recorder, a good and sufficient release for the Real Estate so that this Agreement will not constitute a cloud upon title. The City Manager or designee is hereby authorized to execute the releases contemplated by this section. Section 4. Water Main Extension Fee Developer shall remit a $853.20 ($395 per acre) water main extension fee, as required by local ordinance. The City shall not issue a building permit for any building on the Real Estate until such fee has been paid. Section 5. Signage. Developer and Owners agree to use best efforts to develop common signage in a mutually agreeable location consistent with City sign ordinances. Section 6. 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. Section 7 Owners' Acknowledgement and Consent. Owners acknowledge that they have read the terms of this Agreement and consent to Developer making the improvements to the access easement area required herein. A Dated this �q day of App-t,- , 2011. 246 GROUP, L.L.C. CITMOWA CITY, IOWA By: By: Thomas J. Be der, Manager Ross Wilburn, Mayor pro tempore - DEVELOPER- �ORPOMT SEAL A & B of Iowa, Inc. ATTEST: , / By _lGi J� By; l Marian Karr, City Clerk OWNER - Approved by��Z�a- ra�cL(me.> City Attorney's Office ylzv it ISM POSH HOTEL, L.L. By: • OWNER— STATE OF IOWA ) ) ss: COUNTY OF JOHNSON) This instrument was acknowledged before in on thi ki day of Art 1 l_ 2011 by Thomas J. Bender as Ma a r o V,46 roue, L.L.C. KC. ®APdIEL.�OM � 954160 Mvm�^ Notary Public Mn and for said State ow November 30, 2013 STATE OF IOWA ) ) ss: COUNT'S' OF 1446b5 This instrument was acknowledged before me on this 3/ day of _, 201.1 by James R. Bocken 4s President of A,& B of Iowa, Inc„ JAMES L, mNr 20 o Commission Number 20893? °' My Commission Expires rowP • September 23, 2012 0 Public in and for said State STATE OF Wa ) _ ) ss: COUNTY OF f�1 This instrument was ac nowledged before tKK'1'r- A. , 2011 by S as Hotel, L,L,C. W =A1 EK 11761 res me oat pthis �� day of Me-�—�e.� of Posh k"V�C—f �/ AJ6�-- a Notary Public in and for said State STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this /9 +0t day of 4aR L- 2011, by Ross Wilburn and Marian K. Darr, in their capacities as Mayor pro tempore and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation by authority of its City Council. I Fco'msio" NORAE FORTion Em,ber159791 mml mnExpUes Notary Public in and for said Stato 1 o20 G\ -7- EXHIBIT "A" LEGAL DESCRIPTION 246 GROUP, L.L C Lot A of the final plat, Highlander Development Second Addition as recorded in Book 38, Page 155, Johnson County Recorder's Office; Auditor's Parcel C of the plat of survey recorded in Book 33, Page 323, Johnson County Recorder's Office; and Auditor's Parcel D of the plat of survey recorded in Book 33, Page 323, Johnson County Recorder's Office, OWNERS Lot 24 Highlander Development Second Addition as recorded in Book 38 Page 155 of the Johnson County, Iowa Recorder's office. ka m/ LLC /240Ciroup/DevelopersAgreemen tsedlined020411 EXHIBIT "B" N 54'45' E SANITARY SEWER AND WATER MAIN EASEMENTS 66.6' A PART OF AUDITOR'S PARCELS C AND D. LOT 24 ANI PART OF LOT A, HIGHLANDER DEVELOPMENT SECOND ADDITION IOWA CITY, JOHNSON COUNTY, IOWA ,'/ ^ `` LOT 20 /CAy S 2712' E / ^ ^ ^/^ �`� `�� 15' SANITARY^�1 SEVIER EASEMENTVO� POINT OF `� �` 30' E BEGINNING i AUDITOR'S \`�\,\ ` 304,7 O PARCEL C ` F� N`. 1O `\ j N 43'30' E `� ` S SANITARY SEWER !! \ \\ � 92.5 EASEMEN N 21'05' E WATERMAIN i 34.2' `�� `� EA MENT LOT 1 UINTYEAY3IENT -/\\ / \ / AUDITOR'S ! \\ , Tali PARCEL D ` LOT 21 \ LOT 24 \ �\ N 46'30' W % END OF SANITARY \ \iq\ SEWER AND WATER \\r O� 7.5 N 43'30' E - / MAIN EASEMENT \ \i\ 38.6' ! — \ S 89'22' E Y N 21'05 E N 43'30' E 308.89' / 63.6' \ �' / 1 \ yob\ 23.2' y� s 11'26' E ; `\ LOT A REFERENCE POINT O ----------- 5.2'-- - - - - -- S 46'30' E - -- B,a-- - ----- �- _ ' 14.4' �p {__--- - - - - - -- vo. - - -- - -- - - - -A S 83' 0 .� ad ^�'! ~J P.O.B. 138 E 159.04 S 82.5 j I C}j �N24'09'�5 "W 49.56' ti WATER MAIN EASEMENT t 17.70' t N 4330' -E'�f i qOO 1 It N 4'5 T\ ... LOT 24 �y 42.55' LOT. 22 It _ q�O I l unuTY EASEMENT — < t V4or3a•F� CITY WATER MAIN IV WOE TROMONE rASWENT 0 37.5 75 150 SEE HEET B1.2 FOR DESCRIPTIONS 1 L�______ °- - - --- --- ----- 11_ SCALE IN FEET N CROSSING PR06OT 110, IV H UTILITY EA SE MENT EXHIBIT 105238 -1 ARC HITECTURE +ENGINEERING DATE 10 -29 -2010 SCAT_E Y5' SHCET "NO. loy /a I Illlnols I Mlssood httP: / /rmwshlva- hatlwycom DRAWN FlEtD 8004 ��.� APPROVED REVISION I I G\ � Doc ID: 022163620075 Type: GEN Kind: SUBDIVISION Recorded: 04/28/2011 at 03:31:54 PM Fee Amt: $379.00 Page i of 75 Johnson county Iowa Kim Painter County Recorder BK4745 PG537 -61 i FY<E STATE OF IOWA F 11 \(. 631welti m )SS ) SCt P�o✓2 4it' SS CITY Of IOWA CITY 410 Cast Wa:hington Stroh lo.a city. toga 532401826 (3 19) 3565000 (319) 3565009 FAX xiov.tagov.org Pi,S 316 �y.i &•))� 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. 11 -130, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 19 °i day of April, 2011, all as the same appears of record in my office. Also attached are the final legal documents for Terra Verde Addition, Iowa City, Iowa as follows: 1. Owner Certification & Dedication of Terra Verde, Iowa City IA 2. Treasurers Certificate 3. Certificate of Auditor 4. Attorney's Title Opinion 5. Subdividers Agreement 6. Warranty Deed — John & Beth Hieronymus SEE BK 4745 PC 612 (4- 28 -11) 7. Warranty Deed —Peggy Jo Hieronymus Wilkinson SEE BK 4745 PC 614 (4- 28 -11) 8. Temporary Construction Easement for the Construction of Storm Sewer & Drainage, Sanitary Sewer, Utility & Trail Improvements 9. Water Main Easement Agreement 10. Trail Easement 11. Temporary Turn - Around Easement Agreement 12, Storm Water Management Easement Agreement 13. Sanitary Sewer Easement Agreement 14. Access Easement Agreement 15. Private Storm Sewer & Drainage Easement Agreement (City granted) 16. Storm Sewer & Drainage Easement Agreement (TNT Land Development, L.L.C.) 17. Private Storm Sewer & Drainage Easement Agreement (Subdivider established) 18. Underground Utility Easement 19, Storm Sewer and Drainage Easement Agreement (John & Beth Hieronymus) 20. Temporary Construction Easement Agreement (Crane) 21. Temporary Construction Easement Agreement (John & Beth Hieronymus) 22. Temporary Construction Easement Agreement (Peggy Jo Hieronymus Wilkinson) Dated at Iowa City, Iowa, this 2_4r da Y of .� 'k- 2011. Marian �: -Karr City Clerk \res subdivision CORPOR ATE SEAL Qpc }0 5f Prepared by: Christina Kuecker, Assoc. Planner, 410 E. Washington St, Iowa City, IA; 319- 356 -5243 (SUB11- 00004) RESOLUTION NO. 11 -130 RESOLUTION APPROVING FINAL PLAT OF TERRA VERDE, IOWA CITY, IOWA. WHEREAS, the owner, Hieronymus Family Partnership, LLC and the applicant, TNT Land Development, LLC, filed with the City Clerk the final plat of Terra Verde, 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 East Quarter Corner of Section 13, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S87 °35'12 "W, along the South Line of the Northeast Quarter of said Section 13, a distance of 50.00 feet, to the Point of Beginning; Thence continuing S87 035'12 "W, 340.00 feet; Thence N01 °30'01 "W, 514.00 feet; Thence S87 °35'12 "W, 130.00 feet; Thence S86 039'07 "W, 461.77 feet, to a Point on the East Line of Court Hill Addition, Part Twelve, in accordance with the Plat thereof Recorded in Plat Book 7, at Page 18, of the Records of the Johnson County Recorder's Office; Thence N01 °1659 "W, along said East Line, 576.72 feet, to a Point on the South Line of the Parcel conveyed by Warranty Deed, as Recorded in Book 1917, at Page 240, of the Records of the Johnson County Recorder's Office; Thence S73 °02'15 "E, along said South Line, 858.85 feet, to a Point on the West Line of Parcel "B" of "Ralston Creek South Property Acquisition" Plat of Survey, as Recorded in Plat Book 19, at Page 84, of the Records of the Johnson County Recorder's Office; Thence S27 °38'05 "E, along said West Line, 260.25 feet; Thence S01 °30'01 "E, along said West Line, 562.70 feet, to the Southwest Corner thereof, and the Point of Beginning. Said Tract of Land contains 12.48 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 same are hereby approved. \Q Resolution No. 11 -130 Page 2 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. Passed and approved this 19th day of April ATTEST: /z1e s✓ ��/ CITY-CLERK 20 11 . - 6a ('jA-0L,X, MAYOR Pro tem It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: —X — X X X — x x NAYS: Approved by City Attorney's Office Dickens ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright the Resolution be ABSTAIN: 10 Iti i SPACE ABOVE THIS LINE FOR RECORDER Preparer Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 319- 337 -9606 Information: Individual's Name Street Address Cit lState Phone Return Joseph T Moreland 120E Washhtgton St. Iowa City Iowa 52240 -3924 Document to: Individual's Name Street Address City /State 7ip OWNER CERTIFICATION AND DEDICATION OF TERRA VERDE, IOWA CITY, IOWA KNOWING ALL MEN BY THESE PRESENTS: Hieronymus Family Partnership, L.L.P., as owner /subdivider, and TNT Land Development, L.L.C., as subdivider, hereby certifies and states that it is the owner, proprietor, and one of the subdividers, and TNT Land Development, L.L.C., is the other subdivider of the real estate described below, and that this application and the requested subdivision is made with the free consent and in accordance with the desire of the owner of the land included within the subdivision known as Terra Verde Subdivision, said subdivision shown on the preliminary and final plat thereof which is a subdivision of the following described property: Commencing at the East Quarter Corner of Section 13, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S87 °35'12 "W, along the South Line of the Northeast Quarter of said Section 13, a distance of 50.00 feet, to the Point of Beginning; Thence continuing S87 °35'12 "W, 340.00 feet; Thence N01 °30'01 "W, 514.00 feet; Thence S87 °35'12 "W, 130.00 feet; Thence S86 °39'07 "W, 461.77 feet, to a Point on the East Line of Court Hill Addition, Part Twelve, in accordance with the Plat thereof Recorded in Plat Book 7, at Page 18, of the Records of the Johnson County Recorder's Office; Thence N019 6'59 "W, along said East Line, 576.72 feet, to a Point on the South Line of the Parcel conveyed by Warranty Deed, as Recorded in Book 1917, at Page 240, of the Records of the Johnson County Recorder's Office; Thence S73 002'15 "E, along said South Line, 858.85 feet, to a Point on the West Line of Parcel "3" of Iti public. -2- "Ralston Creek South Property Acquisition" Plat of Survey, as Recorded in Plat Book 19, at Page 84, of the Records of the Johnson County Recorder's Office; Thence S27 °38'05 "E, along said West Line, 260.25 feet; Thence S01 °30'01 "E, along said West Line, 562.70 feet, to the Southwest Corner thereof, and the Point of Beginning. Said Tract of Land contains 12.48 Acres, and is subject to easements and restrictions of record. Owner states that the streets and easements in the Subdivision are hereby dedicated to the DATED at Iowa City, Iowa, this day of ri I , 2011. Hieronymus Family Partnership, L.L.P. By: lJ ohn ieronymus, Managin Partner TNT Land Development, L.L.C. E. Rubin, Member and Manager to -3- STATE OF IOWA ) ss: JOHNSON COUNTY) This instrument was acknowledged before me on the day of r 2011, by John Hieronymus, Managing Partner of Hieronymus Family Partnership, L.L.P. oEIAND er 736830 Expires 2011 STATE OF IOWA ) ) ss: JOHNSON COUNTY) �PN This instrument was acknowledged before me on the 1 day of 2011, by Terrence J. Lavery, Member and Manger of TNT Land Development, L.L.C., and Antoinette E. Rubin, Member and Manager of TNT Land Development, L.L.C. W[ e.T° s JOSEPH T MOR6LAND Commission Nomber 736630 My Commission Expires September 262011 AQ to SPACE ABOVE THIS LINE FOR RECORDER Preparer Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 319- 337 -9606 Information: Individual's Name StreetAddress CitylState Phone Reeunn Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 52240 -3924 _ Document to: Indiridual'sName StreetAddress City/State Zip TREASURER'S CERTIFICATE Re: Terra Verde Subdivision located in Iowa City, Johnson County, Iowa, and legally described as follows: Commencing at the East Quarter Corner of Section 13, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S87 °35'12 "W, along the South Line of the Northeast Quarter of said Section 13, a distance of 50.00 feet, to the Point of Beginning; Thence continuing S87 °35'12 "W, 340.00 feet; Thence NO1 °30'01 "W, 514.00 feet; Thence S87 °35'12 "W, 130.00 feet; Thence S86 °39'07 "W, 461.77 feet, to a Point on the East Line of Court Hill Addition, Part Twelve, in accordance with the Plat thereof Recorded in Plat Book 7, at Page 18, of the Records of the Johnson County Recorder's Office; Thence NO 1 ° 16'59 "W, along said East Line, 576.72 feet, to a Point on the South Line of the Parcel conveyed by Warranty Deed, as Recorded in Book 1917, at Page 240, of the Records of the Johnson County Recorder's Office; Thence S73 °02'15 "E, along said South Line, 858.85 feet, to a Point on the West Line of Parcel "3" of "Ralston Creek South Property Acquisition" Plat of Survey, as Recorded in Plat Book 19, at Page 84, of the Records of the Johnson County Recorder's Office; Thence S27 °38'05 "E, along said West Line, 260.25 feet; Thence SO1 °30'01 "E, along said West Line, 562.70 feet, to the Southwest Corner thereof, and the Point of Beginning. Said Tract of Land contains 12.48 Acres, and is subject to easements and restrictions of record. I, Thomas L. Kriz, Johnson County Treasurer, certify that all Johnson County real estate taxes have been paid with reference to the above - described property as of the date of this certificate. to PM Dated at Iowa City, Iowa, this I OA day of rib 7 ew , 2011. IJOm'TS I. Thomas L. Kriz Johnson County Treasurer %/ 45b166h W 1%04m'v N DGpui�/ c�a�lcr \0 SPACE ABOVE THIS LINE FOR RECORDER Preparer Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 319- 337 -9606 Information: Individual's Name Street Address City /State Phone Return Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 52240.3976 Document to: Individual's Name StreetAddress Citv /State Zip CERTIFICATE OF COUNTY AUDITOR STATE OF IOWA ) ) ss: JOHNSON COUNTY ) I, Tom Slockett, hereby certify that I am the duly elected, qualified, and acting auditor of Johnson County. The name of Terra Verde, which is located in Iowa City, Iowa, is sufficiently succinct and unique and may be used for the name of a subdivision in Johnson County, Iowa, under Section 354.6(2), Code of Iowa. Dated at Iowa City, Iowa, this -A& day of , 2011. vwt Tom Slockett, Johnson County Au itor Johnson County, Iowa ���/� Subscribed and sworn to before me by Tom Slockett, Johnson County Auditor, this day of 2011. MARK A. KISTLER / �__ � r� Commission Number 169415 i �� _ • My Commtsston Expires 6 � v otar• 'Public in and for the State of Iowa _ 1 10 SPACE ABOVE THIS LINE FOR RECORDER Preparer 120 E. Washington St. Iowa City, Iowa 319- 337 -9606 Information: Individual's Name Street Address City/State Phone Return 120 E. Washington St. Iowa City, Iowa 52240 -3924 Document to: Individual's Nance Street Address 00,1State Zip ATTORNEY'S TITLE OPINION Re: Tetra Verde Subdivision located in Iowa City, Johnson County, Iowa, and legally described as follows: Commencing at the East Quarter Corner of Section 13, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S87 °35' 12 "W, along the South Line of the Northeast Quarter of said Section 13, a distance of 50.00 feet, to the Point of Beginning; Thence continuing S87 °35'12 "W, 340.00 feet; Thence N01-30'01 "W, 514.00 feet; Thence S87 °35'12 "W, 130.00 feet; Thence S86 °39'07 "W, 461.77 feet, to a Point on the East Line of Court Hill Addition, Part Twelve, in accordance with the Plat thereof Recorded in Plat Book 7, at Page 18, of the Records of the Johnson County Recorder's Office; Thence N01 °16'59 "W, along said East Line, 576.72 feet, to a Point on the South Line of the Parcel conveyed by Warranty Deed, as Recorded in Book 1917, at Page 240, of the Records of the Johnson County Recorder's Office; Thence S73 °02'15 "E, along said South Line, 858.85 feet, to a Point on the West Line of Parcel "3" of "Ralston Creek South Property Acquisition" Plat of Survey, as Recorded in Plat Book 19, at Page 84, of the Records of the Johnson County Recorder's Office; Thence S27 °38'05 "E, along said West Line, 260.25 feet; Thence S01 °30'01 "E, along said West Line, 562.70 feet, to the Southwest Corner thereof, and the Point of Beginning. Said Tract of Land contains 12.48 Acres, and is subject to easements and restrictions of record. I, Joseph T. Moreland, state that I am a practicing attorney in the State of Iowa and that I have examined a complete abstract of title to the above - described property being Hawkeye Title Services, L.C. abstract nos.78877 and 78878, and the date of that abstract shows that the fee title 10 2- to the above - described property is in Hieronymus Family Partnership, L.L.P., and is free from any encumbrance. 1� n Dated at Iowa City, Iowa, this day of 2011. Haye t, Bilown, Moreland & Smith, L.L.P. 120 fast ashington Street IONV4 City, Iowa 52240 -3924 319/ 37 -9 06 telephone; 319/338 -7376 facsimile 1O 1� SPACE ABOVE THIS LINE FOR RECORDER Preparer 120 E. Washington St. Iowa City, Iowa 319- 337 -9606 Information: Individual'sNmne StreetAddress Ch),/State Phone Return 120 E. Washington St. Iowa City, Iowa 52240 -3924 Document to: Indhidual'sName Sheet Address City/State Zip SUBDIVIDER'S AGREEMENT TERRA VERDE SUBDIVISION, IOWA CITY, IOWA THIS AGREEMENT, is made by and between Hieronymus Family Partnership, L.L.P. and TNT Land Development, L.L.C., hereinafter collectively 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 Terra Verde Subdivision, 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. Sanitary sewers, watermains and storm sewers as required by the City; B. Subdivision erosion control measures as required by the City under its ordinances; C. Concrete paving at least 26 feet in width on Terrence Lane; D. Certain trials and sidewalks, as detailed in Section 4 below; and E. Temporary turnaround at the end of Terrence Lane according to the plans and specifications approved by the City. 7H 1� -2- The sanitary sewers, watermains, storm sewers and subdivision erosion control measures, paving, sidewalks and trials 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. In consideration of the City approving the Subdivider's Storm Water Management Facilities, the Subdivider agrees as a covenant nrmring with the land that, except as provided in this Agreement, the City need not issue a building permit for any lot in the subdivision until the Storm Water Management Facilities (hereinafter "Facilities "), including the site work incident thereto, have been installed and either released or accepted by the City. The Facilities shall be subject to the plans and specifications submitted with the final plat and approved by the City Engineer. The duty to maintain the Facilities shall be the Owner's. Said maintenance shall comply with the City's storm water management ordinance. If the Owners fail to maintain the storm water management facilities in accordance with this agreement, the City ordinances and design standards, the City shall have the right to perform said maintenance. Owners acknowledge and agree that all lots in the Subdivision are specifically benefitted by said facilities so that the cost of said maintenance 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. 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. 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. 1� 3- SECTION 4. SIDEWALK. The Subdivider agrees that it shall install a 5 -foot wide sidewalk adjacent to Muscatine Avenue from Scott Boulevard to Juniper Drive concurrent with the construction of Terrence Lane. The following sidewalks and trails shall be installed concurrently with the construction of Terrence Lane: A. The sidewalk along Terrence Lane adjacent to 3330 Muscatine Avenue, Outlot "C," and Outlot "A:" B. The 5 -foot wide concrete trail in Outlot "A" between Terrance Lane and the North properly line; and C. The 8 -foot wide concrete trail in an easement between Terrence Lane and Scott Boulevard. The Subdivider agrees to install a 5 -foot wide sidewalk abutting each of the platted lots adjacent to Terrence Lane in accordance with the plans and specifications approved by the City Engineer. This obligation shall be in accordance with Section 16 -IC -1, 2, and 3 of the Iowa City Code of Ordinances and shall remain a lien on each abutting lot until installed and released by the City. . SECTION 5. NEIGHBORHOOD OPEN SPACE. Subdivider shall satisfy the City neighborhood open space requirement through the payment of a $13,162.50 fee in lieu of .39 acres of dedication of land, which shall be paid prior to the issuance of any building permits. SECTION 6. BUILDING PERMIT AND ESCROW MONIES. If the Subdivider should desire a building permit on any lot in said subdivision before the Improvements or Facilities 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 and Facilities plus ten percent (10 %) thereof (hereinafter "Improvements Escrow "). The City Engineer shall determine the amount of the escrow to be collected. hn 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 fronn 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 10 4- to the Subdivider after erosion control measures have been installed, and ground cover has been established by growth. After the Erosion Clean -up and hnprovements 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 7. OCCUPANCY PERMIT. Prior to the issuance of an occupancy permit for any building erected pursuant to Section 6, the City in its discretion may require the Subdivider to constrict and install the Improvements and Facilities in accordance with Section I above. SECTION 8. 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 hnprovements Escrow to construct and install the Improvements and Facilities. If the cost of constricting 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. 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 9. WAIVER. If Subdivider sells or conveys lots in said subdivision without constructing or installing the Improvements or Facilities 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. The cost of the hnprovements 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. It is further provided that this requirement to construct the Improvements and Facilities is and shall remain a lien against the lots in the subdivision until properly released, as hereinafter provided. SECTION 10. IMPROVEMENTS 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 IU 5- subdivision. A separate sidewalk lien release will be issued when appropriate according to Section 4 above. SECTION 11. STORM WATER MANAGMENT FACILITIES RELEASE. With respect to the Subdivider's obligation to construct the Storm Water Management Facilities, the City agrees to provide a partial release for the development from any liens or clouds on title to the development by reason of such storm water management obligations, provided the City Engineer certifies that the following conditions and/or events have occurred: A. The Facilities have been substantially completed. B. An escrow amount has been established with the City in an amount not less than $5,000 to which the City's lien should attach immediately upon execution or recording of the partial release. The City agrees to issue a total release for the Facilities upon certification by the City Engineer, in writing, that all of the following events and/or conditions have been substantially completed: A. Permanent ground cover is established and mowable. B. Erosion and sedimentation are controlled in conformance with the approved plans and specifications. C. The facilities are complete. D. All land within the tributary area in the Development has been developed. The Mayor is hereby authorized to execute all releases provided for in this Section with the concurrence of the City Engineer and the City Attorney. SECTION 12. MAINTENANCE OF STORM WATER DETENTION FACILITY. The Subdivider shall, after release by the City of the Storm Water Management Facilities, thereafter maintain said Storm Water Facilities. The City shall have no obligation for maintenance of the Storm Water Facilities. SECTION 13. STREET MAINTENANCE AND PUBLIC SERVICES. Subdivider agrees that the public services including, but not limited to, street maintenance, snow removal, water, recycling or garbage collection, and sanitary sewer services will not be extended to the Subdivision until the concrete streets are installed and accepted by the City. lU 102 SECTION 14. MISCELLANEOUS. 1. All electrical, telephone and cable television service and distribution lines shall be installed underground; 2. Lot 22 shall have no direct vehicular access to Muscatine Avenue. Lots 21 and 22 shall have no direct vehicular access to Scott Boulevard; 3. Subdivider shall pay a watermain tap -on fee of $4,929.60 ($395 per acre) prior to the issuance of any building permit; 4. The Minimum Low Opening requirements set forth on the Final Plat of Terra Verde, Iowa City, Iowa must be maintained. SECTION 15. 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. DATED this day of r ; I , 2011. Hieronymus Family Partnership, L.L.P. Affieronyinus, Managin Partner TNT Land Development, L.L.C. Rubin, Member and Manager 10 7- STATE OF IOWA ) ) ss: JOHNSON COUNTY) This jgstrument was acknowledged before me on the r. l 2011, by John Family P rtnership, L.L.P. *TJOSEP—HT MORELANDssion Number 736639 ommission Expires ptember 26, 2011 STATE OF IOWA _day of ) ss: JOHNSON COUNTY) This instrument was acknowledged before me on the day of Pso- • ( 2011, by Terrence J. Lavery, Member and Manger of TNT Land Development, L.L.C., and Antoinette E. Rubin, Member and Manager of TNT Land Development, L.L.C. nn tom, U or° J JOSEPH T MORELAND N ar ubli, 'n and for the State of Iowa. _ Commission Number 736639 My Commission Expires row September 26, 2011 CIT"F IOWA CITY, IOWA, a municipal corporation n By: v Ross Wilburn, Mayor Pro tem ATTEST: By: %r t.> 7(-.'ti� aN�iiau K. KaiY, City Clerk -8- STATE OF IOWA ) ) ss: JOHNSON COUNTY) This instrument was acknowledged before me on the /Q day of Apn+� 2011, by , ROCS W l b,, and Marian K. Karr, as and City Clerk, of the City of Iowa City, Iowa, a municipal corporation. os6N5RWr RICommission Number 759791 Notar Public in and for the State of Iowa My Commission Expires y �3 �� Zo�.a.. to 10 SPACE ABOVE THIS LINE FOR RECORDER Preparer Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 319- 337 -9606 Information: Individual's Name StreetAddress City /State Phone Return Joseph T. Moreland 120 E. Washington St, Iowa City, Iowa 52240 -3976 Document to: Individual's Name StreetAddress Citv /State Zip TEMPORARY CONSTRUCTION EASEMENT FOR THE CONSTRUCTION OF STORM SEWER AND DRAINAGE, SANITARY SEWER, UTILITY AND TRAIL IMPROVEMENTS This agreement is made and entered into between the City of Iowa City, Iowa ( "the City "), who is the legal owner of the property, and TNT Land Development, L.L.C. and Hieronymus Family Partnership, L.L.P. (collectively "the Subdivider "), and shall include the City and the Subdivider's successors in interest and assigns. WHEREAS, the Subdivider is the owner and developer of Terra Verde Subdivision, Iowa City, Iowa, recorded in Plat Book page of the records of the Johnson County Recorder's Office; WHEREAS, the City of Iowa City is the owner of property adjacent to the above - referenced subdivision and legally described as set forth on Exhibit "A" and incorporated herein by reference; WHEREAS, the Subdivider wishes to obtain from the City a temporary construction easement onto the City's property for storm sewer and drainage, sanitary sewer, utility, and trail construction purposes. IT IS HEREBY AGREED as follows: 1. For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, the City hereby grants and conveys to Subdivider a temporary construction easement over and across the areas described on the final plat of Terra Verde Subdivision, Iowa City, Iowa, recorded as set forth above as follows: A. 15- foot -wide private storm sewer and drainage and temporary construction easement; 10 2- B. 25- foot -wide temporary construction easement; C. 30- foot -wide temporary construction easement; and D. A 20- foot -wide easement running from the Scott Boulevard right -of -way directly into the 20- foot -wide utility and trail easement, which is located on the northern portion of Lot 21 of Terra Verde Subdivision and the southern portion of Outlot "A" of Terra Verde Subdivision. 2. The City hereby grants this temporary construction easement over the areas described above and on Exhibit "A" for the purpose of excavation for and the installation of storm sewer and drainage lines; sanitary sewer lines; public utilities; and a trail, and shall include the right of ingress and egress thereto, over, and across the areas described above for easement purposes and the easement areas. 3. The term of this temporary construction easement will be for the period of time required by Subdivider to complete the construction of the public improvements, but in no event shall the duration extend beyond five (5) years after the recording of this agreement. 4. The City further grants to the Subdivider: 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 the said easement areas to such extent as the Subdivider may find reasonably necessary. 5. The Subdivider shall promptly backfill any trench made by it and repair any damaged caused by it within the easement areas. The Subdivider shall indemnify the City against unreasonable loss and damage which may occur in the negligent exercise of the easement rights by the Subdivider. 6. Except as expressly provided herein, the Subdivider shall have no responsibility for maintaining the easement areas described above. 7. The City reserves the right to use said easement areas for purposes which will not interfere with the Subdivider's frill enjoyment of the rights hereby granted, provided that the City 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. 8. The City does hereby covenant with the Subdivider 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. 10 CIE 9. 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 City be deemed to be acting as the Subdivider's agent during the original construction and installation of said improvements. The parties agree that the obligations to install the public improvements herein shall be in accordance with the City's specifications, and obligations shall remain on the Subdivider until completion and 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 day of , 2011. Hieronymus Family Partnership, L.L.P. John Hieronymus, Managing artner TNT Land Development, L.L.C. C J. E. Rubin, Member and Manager 1O am STATE OF IOWA ) ss: JOHNSON COUNTY) This instrument was acknowledged before me on the _day of —4 r k � , 2011, Family Partnership, L.L.P. by John Hieronymus, Managing Partner of Hieronymus oJ" JOSEPH T MORELAND Commission Number 738839 My commisslon Expires ow September 26, 2011 STATE OF IOWA ) ) ss: JOHNSON COUNTY) This instrument was acknowledged before me on the day of 2011, by Terrence J. Lavery, Member and Manger of TNT Land Development, L.L.C., and Antoinette E. Rubin, Member and Manager of TNT Land Development, L.L.C. era "a EJOSEPHTM ORELAND i S on Number 736639 mber128 2xp71es ow U in and for the State of Iowa. CITY,QFJIOWA CITY, IOWA, a municipal corporate By; L JA'-4� Ross Wilburn Mayor Pro tem �0 5- ATTEST: rtarriian._K. Karr, City Clerk STATE OF IOWA ) ) ss: JOHNSON COUNTY) This instrument was acknowledged before me on the /9 day of 46-« , 2011, by Ro SS 0-);Ikt&r n and Marian K. Karr, as Maur Pry �� and City Clerk, of the City of Iowa City, Iowa, a municipal corporation. yAE FORT Number 759791 ssion Expires Notary Public in and for the State of Iowa ao _ �O EXHIBIT A That part of the Northeast Quarter of Section 13, Township 79 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa more particularly described below: Commencing as the Point of Beginning at the Southwesterly most corner of Lot #571, Court Hill Addition Part 11A, as recorded in Plat Book 9, Page 40 of the Records of Johnson County, Iowa; Thence SOUTH 83057' EAST 258.0 feet along the south lines (and lines extended) of lots 571, 572, and 573 of said Court Hill Addition Part 11A to a point on the south line of said Lot 573 (for the purposes of this description only, the south lines of lots 571 and 572 are assumed to bear SOUTH 83057' EAST); Thence SOUTH 84009' EAST 524.3 feet along the south lines of lots 573, 574, 501, 496, 495, and 494 to a point, said point also being at the intersection with the Westerly line of a tract of land owned by the City of Iowa City and identified as Tract 3 in the Plat recorded in Plat Book 19, Page 84 of the records of Johnson County, Iowa) Thence SOUTH 17052' WEST 157.8 feet (a recorded distance) along the West line of said Tract 3 to an angle point In said West line; Thence SOUTH 26120" EAST 193.7 feet along said West line to a point) Thence NORTH 71047' WEST 858.7 feet t0 a point Of intersection with the Easterly line of Lot 524, Court Hill Addition Part Twelve, As recorded in Plat Book 7, Page 18, records of Johnson County, Iowa; Thence NORTH 0012' WEST 134,1 feet along the East lines of Lots 524 and 523 of said Court Hill Addition Part Twelve and along the East line of Lot 570 of said Court Hill Addition Part 11A to the Point of Beginning. Said tract herein described being subject to existing easements and restrictions of record and containing 3.85 acres more or less. \p Parcel 3 of Ralston Creek South Property Acquisition recorded in Plat Book 19, Page 84 of the Records of the Johnson County Recorder's Office. 10 U SPACE ABOVE THIS LINE FOR RECORDER Preparer Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 319- 337 -9606 Information: Individual's Name Street Address City/State Phone Return Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 52240 -3924 Document to: Individual's Nante Street Address Cr1 /State Zip WATER MAIN EASEMENT AGREEMENT This agreement is made and entered into by and between Hieronymus Family Partnership, L.L.P., and TNT Land Development, L.L.C. (collectively "Owner/Developer ") 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/Developer hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of water line, pipes, mains, and conduits as the City elects for conveying water, with all necessary appliances and fittings, for the use in connection with the same, together with adequate protection thereof, and also a right of way, with the right of ingress and egress thereto, over and across the areas depicted as "water main easement" areas on the final plat of Terra Verde Subdivision, Iowa City, Iowa, recorded in Plat Book , Page , of the records of the Johnson County Recorder's office. Owner/Developer fiuther grants 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. U -2- The City shall promptly backfill any trench made by it and repair any damage caused by the City within the easement area. The City shall indemnify Owner /Developer 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 responsibly for maintaining the easement area. Owner /Developer 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/Developer 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. Any such landscaping improvements placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. Owner/Developer 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 the agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein, nor shall Owner/Developer 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 obligation shall remain on Owner /Developer 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 2011. �a Hieronymus Family Partnership, L.L.P. By: John ieronymus, Managing Partq r 10 3- TNT Land Development, L.L.C. C STATE OF IOWA E. Rubin, Member and Manager ) ss: JOHNSON COUNTY) �L. This instrument was acknowledged before me on the day of nr 1 2011, by Family Partnership, L.L.P. o ru JOSEPH T MORELAND _ � Commission Number 736839 My Commission Expires req September 26, 2011 STATE OF IOWA ) ) ss: JOHNSON COUNTY) John E This instrument was acknowledged before me on the ( b61 day of Q h)y,Q , 2011, by Terrence J. Lavery, Member and Mader of TNT Land Development, L.L.C., and Antoinette E. Rubin, Member and Manager of TNT Land Development, L.L.C. VELMABRAYTON Notary Public in and fo • the State of Iowa. Commission Number 141010 MY Co pi on Expires 3 -2L_1q 10 4- CITY OF IOWA CITY, IOWA, a municipal corporatio By: ATTEST: By: Marian f. Karr, City Clerk STATE OF IOWA ) ) ss: JOHNSON COUNTY) This instrument was acknowledged before me on the R day of 2011, by Ross l,c)' and Marian K. Karr, as Mauo Q G4 and City Clerk, of the City of Iowa City, Iowa, a municipal corporation. LZ fiON�RAEFORT ssion Number 159781A ommission Expires 7 aoi a, Notary Public in and for the State of Iowa �D SPACE ABOVE THIS LINE FOR RECORDER Preparer Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 319 - 337 -9606 Information: Individual's Name SheetAddress 00 ote Phone Return Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 52240 -3976 Doc:anent to: Individual's Name Sheet Address Cih /State Zip TRAIL EASEMENT In consideration of $1.00 and other valuable consideration, the undersigned hereby grant to the City of Iowa City, Iowa, and their successors (hereinafter "Grantee ") perpetual easement upon and over, along and across the areas marked upon the final plat of Terra Verde Subdivision, Iowa City, Iowa, recorded in Plat Book , page of the records of the Johnson County Recorder's Office, as "20- foot - wide —P l i&, and Trail Easement," and "Trail Easement" which passes between Lots 14 and 15 and then extends northeasterly to the property line. The Grantee of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, and maintain a public trail across the easement areas; the right to trim, cut down and remove such trees, brush, saplings and bushes as may interfere with the public trail; and the right of ingress and egress for all of the purposes aforesaid. Grantor, its successors in interest and assigns, reserve the right to use said easement areas for purposes which will not interfere with the Grantee's Rill enjoyment of rights hereby granted; provided that Grantor shall not erect or construct any reservoir, fence, 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 Trail Easements. Any such landscaping imporvements placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. Dated this eday of r , 2011. -2- Owner /Subdivider: Hieronymus Family Partnership, L.L.P. By: AL d t--� Jol Hieronymu , Managi,g Partner TNT Land Development, L.L.C. STATE OF IOWA ) Antoinette E. Rubin, Member and Manager ) ss: JOHNSON COUNTY) This instrument was acknowledged before me on the _day of 2011, by Family Partnership, L.L.P. JOSEPH T MORELAND i Commission Number 738839 My Commission Expirea w September 28, 2877 10 all STATE OF IOWA ) ) SS: JOHNSON COUNTY) This instrument was acknowledged before me on the day of �Or, , 2011, by Terrence J. Lavery, Member and Manger of TNT Land Development, L.L.C., and Antoinette E. Rubin, Member and Manager of TNT Land Development, L.L.C. eRELAND er 736639Expires ,2011 STATE OF IOWA ) ) ss: JOHNSON COUNTY) cotpo By: 21, Ross Wilburn Mayor Pro tem ATTEST: By: Marian -K. Karr, City Clerk W This instillment was acknowledged before me on the /9 day of 4e z i r_ 2011, by Ross W't b,, and Marian K. Karr, as Mayor P«, 4I ,-, and City Clerk, of the City of Iowa City, Iowa, a municipal corporation. SONDRAE F ORT C-0-,g/ nm,' Son Number 159791 My Commission Expires Notar Public in and for the State of Iowa 36� y 10 SPACE ABOVE THIS LINE FOR RECORDER Prepare), Joseph T. Moreland 120 E. Washington St Iowa City, Iowa 319- 337 -9606 Iforrnation: Individual's Name StmetAddress 70,1State Phone Return Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 52240 -3924 Document to: Individual's Nate StreetAddress Ctt State Zip TEMPORARY TURN - AROUND EASEMENT AGREEMENT This Agreement is made and entered into by and between TNT Land Development, L.L.C. and Hieronymus Family Partnership, L.L.P. (collectively referred to as "Subdivider" and the City of Iowa City, referred to as "the City ", which expression shall include its successors in interest and assigns. IT IS HEREBY AGREED as follows: 1. For the sum of $1 plus other valuable consideration, the receipt of which is hereby acknowledged, Subdivider hereby grants and conveys to the City a right of way easement, with the right of ingress and egress thereto, over and across the area set forth as "25.0' x 2 5.0 ' temporary turn - around easement" on the final plat of Terra Verde Subdivision, Iowa City, Iowa, recorded in plat book , page , of the records of the Johnson County Recorder's office, hereinafter described as "Easement Area." 2. Subdivider reserves the right to use said Easement Area for purposes which will not interfere with the City's Rill enjoyment of the rights hereby granted; provided that Subdivider shall not erect or construct any building, fence, retaining wall or other structure, plant any trees, drill or operate any well, construct any reservoir or other obstruction on the Easement Area, or diminish or substantially add to the ground cover over said Easement Area. Any such landscaping improvements placed in the Easement Area, with or without City approval, may be removed by the City without compensation or replacement. 3. Subdivider does hereby Covenant with the City that is lawfully seized and possessed of the real estate above - described, and has good and lawful right to convey it, or any part thereof. 2- 4. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original pavement on the Easement Area, nor shall the Subdivider be deemed acting as the City's agent during the original construction and installation of the improvement on the Easement Area. The parties agree that the obligation to install the improvement on the Easement Area herein shall be in accordance with the City's specifications, and obligation shall remain on the Subdivider until completion and until acceptance by the City, as by law provided. 5. This temporary turn - around easement shall continue until Terrence Lane is extended south of the Easement Area, at which point, the rights granted by this Agreement shall automatically terminate. 6. The provisions herein shall inure to the benefit and bind the successors and assigns and their 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 jy r. ( 2011. Hieronymus Family Partnership, L.L.P. i By: Jolu Hieronymus, Managin Partner TNT Land Development, L.L.C. STATE OF IOWA, JOHNSON COUNTY) This instrument was acknowledged before me on the day of �Vpr: ( , 2011, by John H' r nymus, Managing Partner of Hieronymus Fame y artnership, L.L.P. �� n n in and for the State of JOSEPH T MORELAND ° Commission Number 738838 My Commisslon Expires w September 26, 2077 1 -3- STATE OF IOWA, JOHNSON COUNTY) L- This instrument was acknowledged before me on the W day of , 2011, by Terrence J. Lavery, Member and Manager of TNT Land Deve opr ent, L.L.C., and Antoinette E. Rub }rr, Member and Manager of TNT Land Development, L.L.C. `` \ n n in and for the State WOW JOSEPH T MORELAND Commission Number 738639 My Commission Expires September 26, 2011 CITTOF IOWA CITY, IOWA, a municipal corporatio By: Ross Wilburn, Mayor Pro tem ATTEST: By: Marian K. Karr, City Clerk STATE OF IOWA ) ) ss: JOHNSON COUNTY) Wq This instrument was acknowledged before me on the day of Aprzr� 2011, by W; I kr, r„ and Marian K. Karr, as Mc and City Clerk, of the City of Iowa City, Iowa, a municipal corporation. [,' cc�� My Commission Expires 4,,�,� FAA Notary Public in and for the State of Iowa 10 SPACE ABOVE THIS LINE FOR RECORDER Preparer Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 319- 337 -9606 Information: Individual's Name Street Address Ci /State Phone Return Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 52240 -3924 Document to: Individual's Name Street Address City /State Zi STORM WATER MANAGEMENT EASEMENT AGREEMENT This agreement is made and entered into by and between Hieronymus Family Partnership, L.L.P., and TNT Land Development, L.L.C. (collectively "Owner/Developer ") and the City of Iowa City, Iowa ( "the City "), hereby agree as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged Owner /Developer grants and conveys to the City an easement for the purposes of construction, operation and maintenance and use of such storm water detention basins, detention basin structures, and overflow weirs, together with adequate protection therefore, and also a right of way, with the right of ingress and egress thereto, over and across Outlot "A" of Terra Verde Subdivision, Iowa City, Iowa, recorded in Plat Book , Page , of the records of the Johnson County Recorder's office ( "easement areas "). Owner /Developer further grants 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 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 damage caused by the City within the easement area. The City shall indemnify Owner/Developer 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 responsibly for maintaining the easement area. -2- Owner/Developer reserves the right to use said easement areas for purposes which will not interfere with the City's fill enjoyment of the rights hereby granted; provided that Owner/Developer 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. Any such landscaping improvements placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. After the completion of the stormwater detention facilities, the Owner/Developer and its successors and assigns shall thereafter maintain the facilities and easement area. The maintenance shall include maintaining and mowing the ground cover and keeping it free from weeds and debris. The Owner /Developer also agrees to maintain its land as to minimize erosion in and around the easement area. The City shall have no obligation for maintenance of the facilities or the easement area. This obligation for maintenance shall be transferred to or otherwise become the obligation of the homeowners association. Owner /Developer does hereby covenant with the City that it is lawftlly seized and possessed of the real estate above described, and has good and lawful right to convey it, or any part thereof, Nothing in the agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein, nor shall Owner /Developer 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 /Developer. 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 J&day of , 2011. Hieronymus Family Partnership, L.L.P. By: J IIzd ohn ieronyinus, Managing artner TNT Land Development, L.L.C. By: Terre* J. Lavery, M fiber nd Mana r I -3- B Y JW W Antoinette E. Rabin, Member and Manager STATE OF IOWA ) ) ss: JOHNSON COUNTY) This instrument was acknowledged before me on the - ____day of 1 r ' 2011, by John Hieronymus, Managing Partner of Hieronymus Family Partnership, L.L.P. JOSEPH T MORELAND $ Commission Number 736839 My Commission Expires ow September 26, 2011 STATE OF IOWA ) ) ss: JOHNSON COUNTY) This instrument was acknowledged before me on the - I day of r 1 2011, by Terrence J. Lavery, Member and Manger of TNT Land Development, L.L.C., and Antoinette E. Rubin, Member and Manager of TNT Land Development, L.L.C. IJOSEPH T MOREIAND Commission Number 736839 My Commission Expires September 26, 2011 CITY lop CITY, IOWA, a municipal torpor ton By: ( )� j A _] _Wi lhurn, Mayor Pro tam )V -4- ATTEST: By: 2W 2!t- 2&,a) Marian K. Karr, City Clerk STATE OF IOWA ) ) ss: JOHNSON COUNTY) This instrument was acknowledged before me on the 19A day of 4p2r 2011, by Ross tJ; 1 burp and Marian K. Karr, as Me..., Prb Aew, and City Clerk, of the City of Iowa City, Iowa, a municipal corporation. 3RS s SONDRAE FORT S2 F`o� Commission Number 159701 Y my commission Expires Notary Public in and for the State of Iowa s as C 10 SPACE ABOVE THIS LINE FOR RECORDER Preparer Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 319- 337 -9606 Information: Individual's Nanie Street Address City /State Phone Return Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 52240 -3924 Docttrnentto: Individtial'sNante StreetAddress City/State Zi SANITARY SEWER EASEMENT AGREEMENT This agreement is made and entered into by and between TNT Land Development, L.L.C., and Hieronymus Family Partnership, L.L.C., as Subdivider and the City of Iowa City, Iowa, defined as 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 sanitary sewer lines, pipes, mains, and conduits as the city shall from time to time elect for conveying sanitary sewer, with all necessary appliances and fittings, for the use in connection with the same, together with adequate protection therefore, and also a right of way, with the fight of ingress and egress thereto, over and across the areas set forth as "30' San Sewer Easement;" "29' Sanitary Sewer Easement;" "Sanitary Sewer (width varies);" and any other area designated as "sanitary sewer easement" areas on the final plat of Terra Verde Subdivision, Iowa City, Iowa, recorded in Plat Book , page of the records of the Johnson County Recorder's Office, hereinafter described as easement areas. Subdivider further grants to the City: 1. The right of grading said easement areas for the frill 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 -2- 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 damage 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 responsibly for maintaining the easement area. 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 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. 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 the 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 obligation shall remain on Subdivider until completion and until l 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�day of 4 Pr--v ' 2011. Hieronymus Family Partnership, L.L.P. Hieronymus, �D CE TNT Land Development, L.L.C. STATE OF IOWA E. Rubin, Member and Manager ) ss: JOHNSON COUNTY) i 1 This instrument was acknowledged before me on the f day of r 2011, by John Hieronymus, Managing Partner of Hieronymus Family Partnership, L.L.P. 0 JOSEPH T MORELAND Commission Number 736839 My Commission Expires September 26, 2011 STATE OF IOWA ) ) ss: JOHNSON COUNTY) This instrument was acknowledged before me on the D —day of r ( 2011, by Terrence J. Lavery, Member and Manger of TNT Land Development, L.L.C., and Antoinette E. Rubin, Member and Manager of TNT Land Development, L.L.C. ,� s JOSEPH T MORELAND i Commission Number 736939 ow MSeptembar 26.2011 IOWA CITY, IOWA, a municipal Ross Wilburn, Mayor Pro tem 10 :e ATTEST: By: Marian K. Karr, City Clerk STATE OF IOWA ) ) ss: JOHNSON COUNTY) This instrument was acknowledged before me on the /9 A day of Agn- 2011, by 6DSS W;16 ctl and Marian K. Karr, as p and City Clerk, of the City of Iowa City, Iowa, a municipal corporation. oy� -I ^rs L SONDRATRT Sttrrincn Y z mmission Number 159!99 my Commission Expires Notary Public in and for the State of Iowa 10 SPACE ABOVE THIS LINE FOR RECORDER Prepa er Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 319 - 337 -9606 Information: Individual'SNane StreetAddress Ci ,1State Phone Return Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 52240 -3924 Docun:entto: Individual'sNane StreetAddress Cg /State Zip ACCESS EASEMENT AGREEMENT The Subdivider, Hieronymus Family Partnership, L.L.P. and TNT Land Development, L.L.0 (collectively "Subdivider ") hereby establish an access easement agreement as follows: 1. Subdivider owns and is developing the subdivision known as Terra Verde, Iowa City, Iowa, recorded in plat book , page , of the records of the Johnson County Recorder's office. 2. The Subdivider hereby establishes a non - exclusive access easement over the access easement shown and described as "25.0' access and utility easement" which is located on Lots 20, 21 and 22 of the final plan of Terra Verde, Iowa City, Iowa referred to above. The owners of Lots 20, 21, and 22, their guests and invitees, shall have access over and through the area shown and described as "25.0'access and utility easement" on the final plat. None of the owners of Lots 20, 21 or 22 shall allow anyone to block the easement -way in any manner that will prevent the access of the subdivider, the City of Iowa City, the owners of Lots 20, 21, and 22, or their guests and invitees. 3. It shall be the Subdivider's responsibility, or the Subdivider's successor or assign, which is expected to be a nonprofit Owner's Association established by the Subdivider, to maintain the area shown and described as "25 fl. access and utility easement." 4. This agreement shall run with the land and inure to the heirs, assigns and transferees of the owners of Lots 20, 21, and 22 of Terra Verde, Iowa City, Iowa as referred to above. This Easement includes the following: -2- a. City service vehicles are granted a means of ingress, egress, and passage over the access easement area. 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 easement area in violation of the parking laws of the City and the 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. Subdivider shall place the easement and agreement of record as its sole obligation to notify all persons who may improperly park on said easement/access areas. C. City's fire department is granted an easement with the right of access over and across the easement area. 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. Hieronymus Family Partnership, L.L.P. tC TNT Land Development, L.L.C. J. Lavery, Memb6f and E. Rubin, Member and Manager STATE OF IOWA, JOHNSON COUNTY) This in(trument was acknowledged before me on the j A _day of , 2011, by Jolui i •onynnls, Managing Partner of Hieronymus Famil PArtnership, L.L.P. 1 ,� . -/\ r°-% in and for the State of Iowa. c , JOSEPH T MOREIAN0 _ Commission Number 736839 My Commission Ezplres ow September 26, 2811 -3- STATE OF IOWA, JOHNSON COUNTY) This instrument was acknowledged before me on the day of r , , 2011, by Terrence J Lavery, MemU Prand Manager of TNT Land Deve op ent, L.L.C., and Antoinette E. RuUin�lmher and Manager of TNT Land (� Development, L.L.C. (� \l is in and for the State of Iowa. VOW OSEPHTMORELAND mmission Number 736839 My Commission Expires September 26, 2011 10 SPACE ABOVE THIS LINE FOR RECORDER Prepare Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 319- 337 -9606 _ h fortwtioit: Individual's Nance Sheet Address Ci /State Phorte Retard Joseph T Moreland 120 E. Washington St. Iowa Ciry, Iowa 52240 -3924 Documeid to: Ltdividual's Nanie Street Address City /State Zip PRIVATE STORM SEWER AND DRAINAGE EASEMENT AGREEMENT This agreement is made and entered into between the City of Iowa City, Iowa ("the City "), who is the legal owner of the property, and TNT Land Development, L.L.C. and Hieronymus Family Partnership, L.L.P. (collectively "the Subdivider "), and shall include the City and the Subdivider's successors in interest and assigns. WHEREAS, the Subdivider is the owner and developer of Terra Verde Subdivision, Iowa City, Iowa, recorded in Plat Book , page of the records of the Johnson County Recorder's Office; WHEREAS, the City of Iowa City is the owner of property adjacent to the above - referenced subdivision and legally described as set forth on Exhibit "A" and incorporated herein by reference; WHEREAS, the Subdivider wishes to obtain from the City a permanent private storm sewer and drainage easement onto the City's property for storm sewer detention and drainage purposes. IT IS HEREBY AGREED as follows: 1. For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, the City hereby grants and conveys to Subdivider a permanent private storm sewer and drainage easement over and across the areas described as 15- foot -wide private storm sewer and drainage and temporary construction easement, as shown on the final plat of Terra Verde Subdivision, Iowa City, Iowa, recorded as set forth above. 2. The City hereby grants this permanent private storm sewer and drainage easement over the areas described above ( "Easement area ") for the purposes of excavating for and the 2- installation, replacement, maintenance and use of a storm water detention basin, storm sewer lines, pipes, mains, and conduits as shall be required from time to time for conveying storm sewer water, with all necessary appliances and fittings, for the use in connection with the same, together with adequate protection therefore, and also a right of way, with the right of ingress and egress thereto, over and across the easement area. The City further establishes: 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 may be 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 interfere with rights hereunder in any manner. After the completion of the storm sewer and drainage improvements, the Owner/Developer and its successors and assigns shall thereafter maintain the improvements and easement area. The City shall have no obligation for maintenance of the improvements or the easement area. This obligation for maintenance shall be transferred to or otherwise become the obligation of the homeowners association. This agreement shall run with the land and inure to the heirs, assigns and transferees of the City and the Subdivider. The party exercising the easement right shall promptly backfill any trench made by it and repair any damage within the easement areas. The City of Iowa City shall have no responsibility for maintaining the easement area. The City reserves the right to use said easement areas for purposes which will not interfere with the full enjoyment of the rights hereby granted; provided that City shall not erect or construct a 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. The City does hereby covenant 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 the agreement shall be construed to impose a requirement on the City of Iowa City, Iowa to install the original public improvement at issue herein, nor shall Subdivider be deemed acting as an agent of the City of Iowa City, Iowa, during the original construction and installation of said improvement or any maintenance to the improvement. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the Subdivider and shall apply to and run with the land and with the title to the land. �O SIM DATED this day of April, 2011. Hieronymus Family ()�' Partnership, L.L.P. By: TNT Land Development, L.L.C. IN STATE OF IOWA ) ) ss: JOHNSON COUNTY) Lavery, • / VM/L_ " E. Rubin, Member and Manager This instrument was acknowledged before me on the 10141 day of April, 2011, by John Hieronymus, Managing Partner of Hieronymus Family Partnership, L.L.P. U QX Y .- KA'Ctt_ 11t5 Notary Public in and f` r the State of Iowa. BRAYTON L-VVEIMA Commission Number 141010 My�C nTission Expires STATE OF IOWA ) ) ss: JOHNSON COUNTY) This instrument was acknowledged before me on the I � &day of April, 2011, by Terrence J. Lavery, Member and Manger of TNT Land Development, L.L.C., and Antoinette E. Rubin, Member and Manager of TNT Land Development, L.L.C. TARA MARTIN '� Oommis Wn Number 715583 • uh' Oommisslon Expres Macon 18, ?A7 STATE OF IOWA ) ) ss: JOHNSON COUNTY) Fti U(,t Notary Public in and for the State of Iowa. CITY OF A CITY, IOWA, a municipal corpor toil ( ) By: Ross Wilborn, Mayor Pro tern ATTEST: By: LGiirc% ` -e• 2LL-) Marian Karr, City Clerk A This instrument was acknowledged before me on the 1day of April, 2011, by W, (burn and Marian K. Karr, as Main,- Pra 4e,„ and City Clerk, of the City of Iowa City, Iowa, a municipal corporation. SONDRAErORT 1 i Commission Number 159791 l m y 'y /commission Expires Notary Public in and for the State of Iowa ow 10 EXHIBIT A That part of the Northeast Quarter of Section 131 Township 79 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa more particularly described below: Commencing as the Point of Beginning at the Southwesterly most corner of Lot 7571, Court Hill Addition Part 13A, as recorded in Plat Book 9, Page 40 of the Records of Johnson County, Iowa; Thence SOUTH 83°57' EAST 258.0 feet along the south lines (and lines extended) of lots 571, 572, and 573 of said Court Hill Addition Part 11A to a point on the south line of said Lot 573 (for the purposes of this description only, the south lines of lots $71 and 572 are assumed to bear SOUTH 83 057' EAST); Thence SOUTH 84 °09' EAST 524.3 feet along the south lines of lots 573, 574, 501, 496, 495, and 494 to a point, said point also being at the intersection with the Westerly line of a tract of land owned by the City of Iowa City and identified as Tract 3 in the Plat recorded in Plat Book 19, Page 84 of the records of Johnson County, Iowa; Thence SOUTH 17 052' WEST 157.8 feet (a recorded distance) along the West line of said Tract 3 to an angle point in said west line; Thence SOUTH 26120" EAST 193.7 feet along said West line to a point; Thence NORTH 71 047' WEST 858.7 feet to a point of intersection with the Easterly line of Lot 524, Court Hill Addition Part Twelve, As recorded in Plat Book 7, Page 18, records of Johnson County, Iowa; Thence NORTH 0 012' WEST 134.1 feet along the East lines of Lots 524 and 523 of said Court Hill Addition Part Twelve and along the East line of Lot 570 of said Court Hill Addition Part 11A to the Point of Beginning. Said tract herein described being subject to existing easements and restrictions of record and containing 3.85 acres more or less. 'O SPACE ABOVE THIS LINE FOR RECORDER Preparer Joseph T Moreland 120E Washington St. Iowa City, Iowa 319- 337 -9606 Information: I»dividmal'sName Street Address Ci /State Phone Return Joseph T. Moreland 120 E. Washington St. Iowa City Iowa 52240 -3924 Document to: Indlvidttal's Name Street Address City /State Zip PRIVATE STORM SEWER AND DRAINAGE EASEMENT AGREEMENT The Subdivider, Hieronymus Family Partnership, L.L.P. and TNT Land Development, L.L.0 (collectively "Subdivider ") hereby establish a private storm sewer and drainage easement agreement as follows: 1. Subdivider owns and is developing the subdivision known as Terra Verde, Iowa City, Iowa, recorded in plat book , page , of the records of the Johnson County Recorder's office ( "the Subdivision "). 2. The Subdivider hereby establishes a private storm sewer and drainage easement over the area shown and described as "15.0' private storm sewer and drainage easement" ( "easement area ") in the final plat of Terra Verde Subdivision, Iowa City, Iowa, recorded in Plat Book , page of the records of the Johnson County Recorder's Office. None of the owners of lots in the Subdivision shall take any action or allow anyone else to block the easement area in any marmer that will prevent the easement area from being used and utilized as a private storm sewer and drainage easement. 3. The Subdivider hereby creates an easement for the purposes of excavating for and the installation, replacement, maintenance and use of a storm water dentition basin, storm sewer lines, pipes, mains, and conduits as shall be required from time to time for conveying storm sewer water, with all necessary appliances and fittings, for the use in connection with the same, together with adequate protection therefore, and also a right of way, with the right of ingress and egress thereto, over and across the easement area. The Subdivider further establishes: -2- I . The right of grading said easement areas for the Rill 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 may be 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 interfere with rights hereunder in any manner. After the completion of the storm sewer and drainage improvements, the Owner/Developer and its successors and assigns shall thereafter maintain the improvements and easement area. The City shall have no obligation for maintenance of the improvements or the easement area. This obligation for maintenance shall be transferred to or otherwise become the obligation of the homeowners association. This agreement shall run with the land and inure to the heirs, assigns and transferees of the owners of the lots within the Subdivision. The party exercising the easement right shall promptly backfill any trench made by it and repair any damage within the easement areas. The City of Iowa City shall have no responsibility for maintaining the easement area. The Subdivider reserves the right to use said easement areas for purposes which will not interfere with the full enjoyment of the rights hereby granted; provided that Subdivider shall not erect or construct a 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. The Subdivider does hereby covenant 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 the agreement shall be construed to impose a requirement on the City of Iowa City, Iowa to install the original public improvement at issue herein, nor shall Subdivider be deemed acting as an agent of the City of Iowa City, Iowa, during the original construction and installation of said improvement or any maintenance to the improvement. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the Subdivider and shall apply to and run with the land and with the title to the land. DATED this day of t: / '2011. I STATE OF IOWA, JOHNSON COUNTY) 1his,ipstrument was acknowledged c 1 2011, by John Family artnership, L.L.P. EWLAND 738839 xpires 077 STATE OF IOWA, JOHNSON COUNTY Ui t This instrument was acknowledged before me on the �l day of , 2011, by Terrence J. Lavery, Member and Manager of TNT Land Develop lent, L.L.C., and Antoinette E. Rut in,, Member and Manager of TNT Land -3- Hieronymus Family Partnership, L.L.P. By: F j Hieronymus, Managin Partner TNT Land Development, L.L.C. M J. Laverv. N,femb6r and E. Rubin, Member and Manager Development, L.L.C. u PH T MORRAND N�targ7licT and for the State of Iowa. ssion Number 73 6639 VV ommission Expires ptember 26, 2077 �O SPACE ABOVE THIS LINE FOR RECORDER Preparer Joseph T Moreland 120E Washington St Iowa City Iowa 319- 337 -9606 Information: Individual's Name Street Address City /State Phone Return Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 52240 -3924 Docionent to: Ind ridnal's Name Street Address City /State Zi STORM SEWER AND DRAINAGE EASEMENT AGREEMENT This agreement is made and entered into by and between TNT Land Development, L.L.C. and Hieronymus Family Partnership, L.L.C., collectively referred to as Subdivider and the City of Iowa City, Iowa, defined as 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 storm sewer lines, pipes, mains, and conduits as the City shall from time to time elect for conveying storm sewer water, with all necessary appliances and fittings, for the use in connection with the same, together with adequate protection therefore, and also a right of way, with the right of ingress and egress thereto, over and across the areas described as "storm sewer and drainage easement" areas in the final plat of Terra Verde Subdivision, Iowa City, Iowa, recorded in Plat Book , page of the records of the Johnson County Recorder's Office, hereinafter described as easement areas. Subdivider further grants to the City: 1. The right of grading said easement areas for the firll 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 dA 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 damage caused by the City within the casement 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 responsibly for maintaining the easement area. 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 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. Any such landscaping improvements 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 the 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 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 Wlk day of , 2011. Hieronymus Family Partnership, L.L.P. B N John ieronymus, Managing P rtner 10 -3- TNT Land Development, L.L.C. STATE OF IOWA Rubin, Member and Manager ) ss: JOHNSON COUNTY) This instrument was acknowledged before me on the �_g _day of r. ( 2011, by John Family Partnership, L.L.P. *01 JOSEPH T MORELAND Commission Number 736839 My Commission Expires September 26,12Y11, Managing Partner of Hieronymus and for the State STATE OF IOWA ) ) ss: JOHNSON COUNTY) This instrument was acknowledged before Me on the _day of ( -' 2011, by Terrence J. Lavery, Member and Manger of TNT Land Development, L.L.C., and Antoinette E. Rubin, Member and Manager of TNT Land Development, L.L.C. eJ° rs JOSEPH T MOREIAND _ Commission Number 736839 F; tar ublic i and for the State My Commission Expires / ow September 26, 2011 A CITY, IOWA, a municipal Ross Wilburn, Mayor Pro tem 10 -4- ATTEST: By:��LeiZ�c� 7C • 7�/v1/ Marian K. Karr, City Clerk STATE OF IOWA ) ) ss: JOHNSON COUNTY) This instrument was acknowledged before me on the /J A day of APR-IL 2011, by Ross 1O; (hu cn and Marian K. Karr, as M1 or fro 1 ew and City Clerk, of the City of Iowa City, Iowa, a municipal corporation. �oyg� ^rs SONDRAE FORT I z Commission Number 159799 Ssr,ct,raa. iow My Commis�o /Expires Notary Public in and for the State of Iowa I- I D SPACE ABOVE THIS LINE FOR RECORDER Preparer Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 319- 337 -9606 Information: Indiyidual'sAfame StreetAddress City/State Phone Return Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 52240 -3976 Document to: Individual's Name StreetAddress Cite /State zip UNDERGROUND UTILITY EASEMENT In consideration of $1.00 and other valuable consideration, the undersigned hereby grant to the City of Iowa City, Iowa, MidAinerican Energy Company, Qwest, and Mediacom, and their successors (hereinafter "Grantees ") perpetual easement upon, over, under, along, and across the areas marked upon the final plat of Terra Verde Subdivision, Iowa City, Iowa, recorded in Plat Book , page of the records of the Johnson County Recorder's Office, as "25- foot -wide access and utility easement," "20- foot -wide utility easement," "15- foot -wide utility easement," and any other area designated as a "utility easement" on the Final Plat of Terra Verde Subdivision, Iowa City, Iowa, recorded in Plat Book Page _ of the records of the Johnson County Recorder's Office. The grantee of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, and such other utility services as the Grantee may deem necessary or desirable below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary; the right to trim, cut down and remove such trees, brush, saplings and bashes 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, 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 Grantor shall not erect or construct any reservoir, fence, 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 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. Any such landscaping D IPM improvements placed in the easement area, with or without the City approval, may be removed by the City without compensation or replacement. Dated this &"' day of , 2011. Owner /Subdivider: Hieronymus Family Partnership, L.L.P. oJohnier (nymus, Managing P� tner TNT Land Development, L.L.C. STATE OF IOWA E. Rubin, ) ss: JOHNSON COUNTY) v� This instrument was acknowledged before me on the 4 day of r 2011, by John Family Partnership, L.L.P. ea s JOSEPH T MORELAND _ Commission Number 736839 My Commission Expires ow September 26. 2011 Manager Managing Partner of Hieronymus and for the State of Iowa` �O -3- STATE OF IOWA ) ss: JOHNSON COUNTY) This instrument was acknowledged before me on the day of V 2011, by Terrence J. Lavery, Member and Manger of TNT Land Development, L.L.C., and Antoinette E. Rubin, Member and Manager of TNT Land Development, L.L.C. oy° r� JOSEPH T MORELAND _ ; Commission Number 736639 My Commission Expires Wow September 26, 2011 STATE OF IOWA ) ) ss: JOHNSON COUNTY) /1�( in and State of Iowa. CITY, IOWA, a municipal ATTEST: By: iCJic a�� Marian -. Karr, City Clerk This instrument was acknowledged before me on the /9 '1I day of App 2011, by Pw5j and Marian K. Karr, as /I la a P il ke and City Clerk, of the City of Iowa City, Iowa, a municipal corporation. J WkH,;3 ion Nu i on Number 159781 mmission Expires X- e� -- Notary Public in and for the State of Iowa l� SPACE ABOVE THIS LINE FOR RECORDER Preparer Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 319- 337 -9606 Iformatlon: bidividual'sName Street Address City/State Phone Return Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 52240 -3924 Document to: Individual's Name Street Address City /State Zip STORM SEWER AND DRAINAGE EASEMENT AGREEMENT This agreement is made and entered into by and between John Albert Hieronymus and Beth A. Hieronymus, referred to as "Owner" and the City of Iowa City, Iowa, defined as 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 storm sewer lines, pipes, mains, and conduits as the City shall from time to time elect for conveying storm sewer water, with all necessary appliances and fittings, for the use in connection with the same, together with adequate protection therefore, and also a right of way, with the right of ingress and egress thereto, over and across the areas described as "15' Storm Sewer and Drainage Easement" on the Easement Plat attached hereto as Exhibit "A" and incorporated herein by reference., hereinafter described as easement areas. Owner further grants to the City: 1. The right of grading said easement areas for the fall 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. 2- The City shall promptly backfill any trench made by it and repair any damage 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 responsibly for maintaining the easement area. Owner reserves the right to use said easement areas for purposes which will not interfere with the City's frill enjoyment of the rights hereby granted; provided that 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. Any such landscaping improvements 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 has good and lawful right to convey it, or any part thereof. Nothing in the 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 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 Z� day of , ); 2011. V JOIA Albert Hieronymus Beth A. Hieronymus 10 -3- STATE OF IOWA, JOHNSON COUNTY) This instrument was acknowledged before me on the �) day of ^� 1 2011, by John Albert Hie"-, nymus. p1A( ANGELA BROWN �P SF o M y Commission Number 740228 Ngtiny )SAlic ir�a d lorih6 Sitate —of Iowa. My Com171��iss,on Expires �OWP 1.� t �' K= � I- STATE OF IOWA, JOHNSON COUNTY) This instrument was acknowledged before me on the day of 2011, by Beth A. Hierony us. A�•PLA4 ANGELA BROWN o q Commission Number 740228 Notarr-Prtbltc m and for the ti to o owa. * My( m(ss(on Expires l��>(71 �- CITY OF IOWA CITY, IOWA, a municipal corporal jj_t7777,_ By: Ross ilburn, Mayor Pro tem ATTEST: By: O r k • % v�i Maria -K. Karr, City Clerk STATE OF IOWA ) ) ss: JOHNSON COUNTY) This instrument was acknowledged before me on the day of AP2,j__ 2011, by Rats W;lb,, and Marian K. Karr, as A6,0, Q, fie,,, and City Clerk, of the City of Iowa City, Iowa, a municipal corporation. S���a SOtJDRAE FORT a° Commission Number 159791 �` My Commission Expires a�,rinan- ow s 7 aoia Notary Public in and for the State of Iowa 0 WN mw a �a dr9N 0 N p¢p¢ 60 0 z °..'mss `ai ooa Alpq� O . 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Moreland 120 E. Washington St. Iowa City, Iowa 52240 -3924 Document to: Individual's Name Street Address City /State zip TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS AGREEMENT, made and entered into by and between Robert C. Crane, hereinafter "OWNER ", and TNT Land Development, L.L.C. and Hieronymus Family Partnership, L.L.P., hereinafter collectively "Developer." In consideration of their mutual promises herein, Owner and Developer agree as follows: 1. Owner states and covenants that he is the owner of certain real estate described below by virtue of legal and /or equitable title, and that he has lawfully seized and possessed said real estate, and that he has good and lawful right to convey this easement. Lot 487 in part 12A Court Hill, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Plat Book 7, Page 69, Plat Records of Johnson County, Iowa. 2. The Developer, through its subdivider's agreement with the City of Iowa City, is obligated to install sidewalks in the City's right of way along Muscatine Avenue abutting the property owned by Owner. As part of the installation of sidewalks, it may be necessary for Developer to install a retaining wall on Owner's property, complete grading work, and /or traverse over Owner's property. 3. Owner does hereby grant and convey to Developer a temporary construction easement in, over and across that portion of Owner's property described above (hereafter "temporary easement area ") for the purpose of facilitating Developer's construction of a sidewalk along Muscatine Avenue, ("the Project)" which grant to Developer shall include necessary grading, excavation, piling of dirt, regrading, restoration, the construction of retaining walls, storage of materials and equipment, and ingress and egress of persons and equipment to the temporary easement area, as needed to complete said project. 01 -2- 4. The term of this temporary construction easement will be for the period of time required by Developer to complete the project, but in no event shall the duration of the temporary construction easement extend beyond the date of five (5) years after the cormnencement of construction of the project. 5. The Developer shall promptly backfill any trench made by it, and repair any damages caused by Developer within the temporary easement area, the Developer shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the Developer. Except as expressly provided herein, the Developer shall have no responsibility for maintaining the easement area. 6. The provisions herein shall inure to the benefit and bind the successors and assigns of the respective parties hereto, and shall be deemed a covenant which runs with the land and with the title to the land, and shall be recorded in the Johnson County Recorder's office, at Developer's expense. SIGNED this &day of -J 2011. Robert C. Crane Hieronymus Family Partnership, L.L.P. B+y_. v ,-✓� nymus, Managing artner TNT Land Development, L.L.C. Terren/e J Lavery, Mlrfnb&�Srd Man g j/ Antoinette E. Rubin, Member and Manager l M STATE OF IOWA, JOHNSON COUNTY) C� his in t ment was acknowledged before me 2011, by Robert C. Cran W Ald ®REAF[ ®ESI�fi�� ommission Number 757(;-:-5 MyCom ssio Excr.r STATE OF IOWA, JOHNSON COUNTY) M2 day of Notary Vtlblic in and for the State Q� This instrument was acknowledged before me on the U day of ( p , 2011, by John H*6rbnvmus, Managing Partner of�eronymus Fa 1il Partnershi L.L.P. 1 W�OSEPHTMORUAND ommission Number 736939 My Co on Nu n Expires N ar r� blic in and for the State September 26.2011 STATE OF IOWA, JOHNSON COUNTY) This instrument was acknowledged before me on the 1 _ day of , 2011, by Terrence J. Lavery, Member and Manager of TNT Land Dev o ment, L.L.C., and Antoinette E. Development, L.L.C. o,� r f JOSEPH T MORELAND = i Commission Number 736639 My Commission Expires pw September26.20,1 �O I SPACE ABOVE THIS LINE FOR RECORDER Preparer Joseph T. Moreland 120 E. Washhngton St. Iowa City, Iowa 319 - 337 -9606 Information: Individual'sNmne StreetAddress City/State Phone Return Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 52240 -3924 Document to: Individual's Name SlreetAddress City /State Zip TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS AGREEMENT, made and entered into by and between John Albert Hieronymus and Seth A. Hieronymus, hereinafter "OWNER ", and TNT Land Development, L.L.C. and Hieronymus Family Partnership, L.L.P., hereinafter collectively "Developer." In consideration of their mutual promises herein, Owner and Developer agree as follows: 1. Owner states and covenants that they are the owner of certain real estate described on Exhibit A attached hereto, by virtue of legal and /or equitable title, and that they are lawfully seized and possessed of said real estate, and that they have good and lawful right to convey this easement. 2. The Developer, through his subdivider's agreement with the City of Iowa City, is obligated to install sidewalks in the City's right of way along Muscatine Avenue abutting the property owned by Owner. As part of the installation of sidewalks, it may be necessary for Developer to install a retaining wall on Owner's property, complete grading work, and /or traverse over Owner's property. 3. Owner does hereby grant and convey to Developer a temporary construction easement in, over and across that portion of Owner's property described above (hereafter "temporary easement area ") for the purpose of facilitating Developer's construction of a sidewalk along Muscatine Avenue, ( "the Project)" which grant to Developer shall include necessary grading, excavation, piling of dirt, regrading, restoration, the construction of retaining walls, storage of materials and equipment, and ingress and egress of persons and equipment to the temporary easement area, as needed to complete said project. 4. The tern of this temporary construction easement will be for the period of time -2- required by Developer to complete the project, but in no event shall the duration of the temporary construction easement extend beyond the date of five (5) years after the commencement of construction of the project. 5. The Developer shall promptly backfill any trench made by it, and repair any damages caused by Developer within the temporary easement area, the Developer shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the Developer. Except as expressly provided herein, the Developer shall have no responsibility for maintaining the easement area. 6. The provisions herein shall inure to the benefit and bind the successors and assigns of the respective parties hereto, and shall be deemed a covenant which nuns with the land and with the title to the land, and shall be recorded in the Johnson County Recorder's office, at Developer's expense. SIGNED this VIA day of 2011. Hieronymus c, hlz Beth A. Hieronymus Hieronymus Family Partnership, L.L.P. By: � _ �a John ieronymus, Managir Partner TNT Land Development, L.L.C. By: 11,.(e,u & I 4C CLA/ -- Terr nce J. Lavery, Meri r and Mar% 9 � 4ellt V& E. Rubin, Member and Manager 10 CE STATE OF IOWA, JOHNSON COUNTY) This instrument was acknowledged before We on the , °/� day of 2011, by John Albert ! r ropy nus f � 1 fk A ANGELA BROWN a P r s�°y Commission Number 740228 a f u 1C ' i acid f3Yth Mate of Iowa. _ My ommi''s77s��fon Expires /oWPJ �„ GVGZ STATE OF IOWA, JOHNSON COUNTY) This instrument was acknowledged before met the _day of 2011, by Beth A. Hierony us. �Pr`tA<s ANGELA BROWN 4do- L Co mmission Number740228 f 0 '� My CI44IIm-m1 issbn Expires Notary Pu lic ' and for t13 tate wa. � li 1- ( % STATE OF IOWA, JOHNSON COUNTY) This instrument was acknowledged before me on the �. day of A 12011, by John Hieronymus, ivlanagmg Partner of Hieronymus Family Partnership, L.L.P. t� r, Notary Public in ar d or the Sta Iowa. �PR�ALS ANGELA BROWN o ^ � Commission Number 740228 I STATE OF IOWA, JOHNSON COUNTY) This instrument was acknowledged before me on the 1$r` day of V-N , 2011, by Terrence J. Lavery, Member and Manager of TNT Land Devel pment, L.L.C., and Antoinette E. Rub' Member and Manager of TNT Land Development, L.L.C. r n r-,\ in and for the o ra JOSEPH T MORELAND Commission Number 7738839 ow MSeplembea128,2 071 s 10 � ,owP M Co��m'/ission it 1- �,( 1� STATE OF IOWA, JOHNSON COUNTY) This instrument was acknowledged before me on the 1$r` day of V-N , 2011, by Terrence J. Lavery, Member and Manager of TNT Land Devel pment, L.L.C., and Antoinette E. Rub' Member and Manager of TNT Land Development, L.L.C. r n r-,\ in and for the o ra JOSEPH T MORELAND Commission Number 7738839 ow MSeplembea128,2 071 s 10 John Albert Hieronymus and Beth A. Hieronymus Temporary Construction Easement Agreement Tract 3 Commencing at a point in the center of the public highway, which point is south 82 degrees 35 minutes west 981 feet from the southeast corner of the northeast quarter of section thirteen (13), township seventy -nine (79) north, range six (6) west of the 5 °i P.M., thence north 82 degrees 35 minutes east along the center of said public highway 140 feet, thence north 6 degrees 35 minutes west 312 feet, thence south 82 degrees 35 minutes west 140 feet, thence south 6 degrees 35 minutes east 312 feet to the place of beginning. Tract 4 Commencing at a point in the center of the public highway which point is south 82 degrees 35 minutes west 520.0 feet from the southeast corner of the northeast quarter of Section 13, Township 79 North, Range 6 West of the 5"' P.M., running thence north 6 degrees 35 minutes west 514 feet, thence in a westerly direction to a point which is 506.5 feet north 6 degrees 35 minutes west from a point in the center of said highway which is 981 feet south 82 degrees 35 minutes west of the southeast corner of said northeast quarter of said Section 13, thence south 6 degrees 35 minutes east 194.5 feet, thence north 82 degrees 35 minutes east 140.0 feet, thence south 6 degrees 35 minutes east 312.0 feet, to the center of said highway, thence north 82 degrees 35 minutes east 321.0 feet to the point of beginning. 10 SPACE ABOVE THIS LINE FOR RECORDER Preparer Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 319 - 337 -9606 Information: Individual'sNanre StreetAddress City/State Phone Return Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 52240 -3924 Document to: Individual's Name SireetAddress City/State Zip TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS AGREEMENT, made and entered into by and between Peggy Jo Hieronymus Wilkinson, hereinafter "OWNER", and TNT Land Development, L.L.C. and Hieronymus Family Partnership, L.L.P., hereinafter collectively "Developer." In consideration of their mutual promises herein, Owner and Developer agree as follows: 1. Owner states and covenants that she is the owner of certain real estate described below by virtue of legal and /or equitable title, and that she has lawfully seized and possessed said real estate, and that she has good and lawful right to convey this easement. Commencing at a point in the center of the public highway, which point is south 82 degrees 35 minutes west 520 feet from the southeast corner of the northeast quarter of section 13, Township 79 North, Range 6 West of the 5h P.M., thence north 82 degrees 35 minutes east along the center of said public highway, 130 feet, thence north 6 degrees 35 minutes west 514 feet, thence south 82 degrees 35 minutes west 130 feet, thence south 6 degrees 35 minutes east 514 feet to the place of beginning. The bearings given in the above description are the magnetic bearings of the several lines in December 1921. 2. The Developer, through its subdivider's agreement with the City of Iowa City, is obligated to install sidewalks in the City's right of way along Muscatine Avenue abutting the property owned by Owner. As part of the installation of sidewalks, it may be necessary for Developer to install a retaining wall on Owner's property, complete grading work, and/or traverse over Owner's property. 3. Owner does hereby grant and convey to Developer a temporary construction easement in, over and across that portion of Owner's property depicted and described on Exhibit A attached hereto (hereafter "temporary easement area ") for the purpose of facilitating Developer's construction of a sidewalk along Muscatine Avenue, ( "the Project)" which grant to Developer shall include necessary grading, excavation, piling of dirt, regrading, restoration, the 0 construction of retaining walls, storage of materials and equipment, and ingress and egress of persons and equipment to the temporary easement area, as needed to complete said project. 4. The term of this temporary construction easement will be for the period of time required by Developer to complete the project, but in no event shall the duration of the temporary construction easement extend beyond the date of five (5) years after the commencement of construction of the project. 5. The Developer shall promptly backfill any trench made by it, and repair any damages caused by Developer within the temporary easement area, the Developer shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the Developer. Except as expressly provided herein, the Developer shall have no responsibility for maintaining the easement area. 6. The provisions herein shall inure to the benefit and bind the successors and assigns of the respective parties hereto, and shall be deemed a covenant which runs with the land and with the title to the land, and shall be recorded in the Johnson County Recorder's office, at Developer's expense. SIGNED this wit day of -I-1� 2011 Peggy Jo Hier nymus Hieronymus Family Partnership, L.L.P. By: John Hieronymus, Managigg Partner TNT Land Development, L.L.C. By: L t, Terr .nce J. Lavcrv.. em and Mamas C r E. Rubin, Member and Manager 10 -3- STATE OF IOWA, JOHNSON COUNTY) TVs instrument was acknowledged before me on the 10'ki- day f I�1 Y 2011, by Peggy Jo Hieroonymus Wilkinson. W.', LMY NTHIA A. SCHROCK 1 /"1-�kmisslon Nump r7 12815 mm. Exp . �4 /r�iIZO1Z Notary B zblic in and for the State of Iowa. STATE OF IOWA, JOHNSON COUNTY) This instrument was acknowledged before me on the 15 _day of , 2011, by John Hier nymus, Managing Partner of Hie onynuis Family Partnership, L.L.P. a�FtA <y, ANGELA BROWN [m, o Commission Number 740228 r r M'om pi es -Notary Pu and for e ate of Iowa. Iowa ''1 STATE OF IOWA, JOHNSON COUNTY) Vk This instrument was acknowledged before me on the I day of n I 2011, by Terence J. Lavery, Member and Manager of TNT Land Develop nent, L.L.C., and Antoinette E. Rubin, fi ber and Manager of TNT Land Development, L.L.C. (� in arid for the Mate of Iowa. JOSEPH T MORELAND F Commissbn Number 736639 My Commission Expires ow September 26, 2011 �O (Page 1 of 2) ST ^TF 9�SOCIAT��Z WARRANTY DEED THE IOWA STATE BAR ASSOCIATION Official Form #101 Recorder's Cover Sheet Doc ID: 022163640002 Type: BEN Kind: WARRANTv DEED Recorded: 04/28/2011 at 03:32:42 PM Fee Amt: $19,00 Page 1 Of 2 Revenue Tax: $0.00 Johnson Countv Iowa Kim painter Countv Recorder BK4745 P0612 -613 Preparer Information: (Name, address and phone number) Joseph T. Moreland, 120 E. Washington Street, Iowa City, IA 52240, Phone: (319) 337 -9606 Taxpayer Information: (Name and complete address) John Albert Hieronymus and Beth A. Hieronymus CONSIDERATION Ni -00 at LESS Return Document To: (Name and complete address) Joseph T. Moreland, 120 E. Washington Street, Iowa City, IA 52240, Phone: (319) 337 -9606 Grantors: Grantees: Hieronymus Family Partnership, L.L.C. John Albert Hieronymus Beth A. Hieronymus Legal description: See Page 2 Document or instrument number of previously recorded documents: OThs imva Slate Bae Aaa afim 2005 IOWAD Sg rec- Hook 4745, Page 612, File Number `\ (Page 2 of 2) Book 4745, Page 612, File Number THE WA OHINa0l FOrmTNo. fOf ASSOCIATION Joseph Moreland P FORTHELEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER ® WARRANTY DEED r �`Y�CIAT�e For the consideration of - - - -- one----- - - - - -- Dollar(s) and other valuable consideration, Hieronymus Family Partnership, L.L.C. do hereby Convey to John Albert Hieronymus and Beth A. Hieronymus, husband and wife the following described real estate in Johnson County, Iowa: Outlot B, Terra Verde Subdivision, Iowa City, Iowa, recorded in Plat Book 5 S , page 318 of the records of the Johnson County Recorder's Office. Grantors do Hereby Covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have good and lawful authority to sell and Convey the real estate; that the real estate is free and clear of all liens and encumbrances except as may be above stated; and grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as In the singular or plural number, and as masculine or feminine gender, according to the context. Dated: Y v--4� Hfiaon mus Pamily KrInership, L. .C. (Grantor) (Grantor) ey: Its: (Grantor) (Grantor) STATE OF IOWA COUNTY OF JOHNSON This instrument was acknowledged before me on .,:1 a � by k `rvN .r AkA JOSEPH T MORELAND Notary rublic Com""IOR Number 13Eb39 MY COrntMNbn ExMr" S !lnlb6r 26, 2611 0 Tne 1a" State Bar Assodation TWl Wartanty Deed IOWAO0059 ReWS¢d Janua 20 Book 4745, Page 612, File Number (Page 1 of 2) P STATF a q, o 'a �SSOCIAT�O= WARRANTY DEED THE IOWA STATE DAR ASSOCIATION Official Form 0101 Recorder's Cover Sheet - _._......_ ....................n nnunn nn uml"'ell IIV Doc ID: 022165850002 Type: GEN RecordWARRANTY 8%2013 at 03:33:21 PM Fee Amt: $19.00 Page 1 of 2 Revenue Tax: $0,00 Johnson county Iowa Klm Palnter 00untV Recorder BK4745 po614 -615 Preparer Information: (Name, address and phone number) Joseph T. Moreland, 120 E. Washington Street, Iowa City, IA 52240, Phone: (319) 337 -9606 Taxpayer Information. (Name and complete address) C®NSIDERATI®td Peggy Jo Hieronymus Wilkinson $50o.000RLESS Return Document To: (Name and complete address) Joseph T. Moreland, 120 E. Washington Street, Iowa City, IA 52240, Phone: (319) 337 -9606 Grantors: Hieronymus Family Partnership, L.L.C. Grantees: Peggy Jo Hieronymus Wilkinson Legal description: See Page 2 Document or instrument number of previously recorded documents: ® The Iowa State Bar odahm 2005 FEE Book 4745, Page 614, File Number \v (Page 2 of 2) Book 4745, Page 614, File Number V '', THE IOWA STATE RAR ASSOCIATION OX.1 Form No. 101 Joseph T. Moreland FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER o WARRANTY DEED rs' SQCIA'SYO For the consideration of ------one----- - - - - -- Dollar(s) and other valuable consideration, Hieronymus Family Partnership, L.L.C. do hereby Convey to Peggy Jo Hieronym us, a single person the following described real estate In Johnson County, Iowa: Outlot C, Terra Verde Subdivision, Iowa City, Iowa, recorded in Plat Book 5S , page 318 of the records of the Johnson County Recorder's OfTce. Grantors do Hereby Covenant with grantees, and successors In Interest, that grantors hold the real estate by title In fee simple; that they have good and lawful authority to sell and Convey the real estate; that the real estate is free and clear of all liens and encumbrances except as may be above stated; and grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: 020/ LL.0 . (Grantor) (Grantor) �Hi onymuIs � CFa�mttily wp .� By'.,Sa�o1w,.R Ieroa�y l.a��, Its: J 1 (Grantor) (Grantor) STATE OF IOWA COUNTY OF JOHNSON ~ �h This Instrument was acknowledged before me on l by • �., 0 as yy,% K n w P Notary blic T MORELAND �JOSEPH . COmmlubR Numbef 738939 My Commieelon Expires w September 28, 2011 m The tone State Bar MsoaaUon 2007 W artary0ead OWADOCSID Rev'sed J 2005 Book 4745, Page 614, File Number V '', �. -n IIIIIIII 111111 IIIIIIIIIIIII IIIIIIII��IIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 022162130035 Type: GEN Kind: SUBDIVISION 1 1 Recorded: 04/27/2011 at 03:41:07 PM Fee Amt: $178.00 Page 1 r LI a of 35 ®iii Johnson County IowaI, Kim Painter Countv Recorder BK4744 Pr836 -870 %. CITY OF IOWA CITY 410 East Washington Street FJ.. Iowa City. Iowa 52240 -1826 1 (3 19) 356 -5000 (319) 356 -5009 FAX STATE OF IOWA ) www.lcgov.org )SS JOHNSON COUNTY ) 1, 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.] 1 -129, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 1901 day of April, 2011, all as the same appears of record in my office. Also attached are the final legal documents for EPS First Addition, Iowa (� City, Iowa. A Resubdivision of a potion of Lot Nineteen, Highlander Development First Addition as follows: �Jy 1. SUbdivider's Agreement 2. Certification & Dedication of EPS First Addition 3. Opinion of Attorney 4. Access, Parking & Dumpster Facility Easement Agreement tom, Dated at Iowa City, Iowa, this 05 day of A pg- / L 2011. Maria( —i I . Karr City Clerk r , O) \res subdivision Nv Prepared by: Robert Mildo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5240 (SUB11 -0001 & SUB11 -0002) RESOLUTION NO. 11 -129 RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF EPS FIRST ADDITION (A SUBDIVISION OF A PORTION OF LOT 19, HIGHLANDER DEVELOPMENT FIRST ADDITION), IOWA CITY, IOWA. WHEREAS, Eye Physicians and Surgeons ( "Applicant "), with the consent of the owner, ENT Properties, LLC, filed with the City Clerk the preliminary and final plat of EPS First Addition (a subdivision of a portion of Lot 19, Highlander Development First 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: The west 125 feet of Lot 19, Highlander Development, First Addition, Iowa City, Johnson County, Iowa, (final plat recorded in Plat Book 25, Page 52, Johnson County Recorder's Office). WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary and final plat and subdivision, and recommend approval; and WHEREAS, the subdivision has been made with the free consent and in accordance with the desires of the Owner and Applicant; 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 preliminary and 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 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 Applicant. Resolution No. 11 -129 Page 2 Passed and approved this 19th day of ATTEST: '212 'e, �f�✓iu CITY CLERK 2011. /�(t2it C�g MAYOR - It was moved by Bailey and seconded by adopted, and upon roll call there were: AYES: x X x x x x x NAYS: Approved by City Attorney's Office Dickens the Resolution be ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright I pcdltemplaleslPinal Plat- EPS ResolutlondocFinal Plat- Resotution.docdoc 'Y� Prepared by: Thomas H. Gelman 321 E. Markel Street, Iowa City, IA 52244 Phone (319) 354 -1104 SUBDIVIDER'S AGREEMENT EPS FIRST ADDITION, IOWA CITY, IOWA [A Subdivision of a portion of Lot 19 Highlander Development First Addition] THIS AGREEMENT made by and among ENT Properties, L.L.C. ( "Owner "), EPS Properties LLC ("Developer" or "Subdivider "); and the City of Iowa City, Iowa, a municipal corporation ( "City"). Owner is the owner and Subdivider is the Developer of FPS First Addition, Iowa City, Iowa. IT IS HEREBY AGREED AS FOLLOWS: Section 1. Public Improvements. All paving, water mains, sanitary sewers, storm sewers, storm water management facilities, and sidewalks, hereafter, "Improvements ", for the Subdivision have been installed as required by the City. No additional Improvements are required for this development. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original Improvements at issue herein. Nor shall the Subdivider be deemed acting as the City's agent during any initial construction and installation of said Improvements. The parties agree that the obligation to install any required Improvements herein shall be in accordance with City specifications, and the obligation to install said Improvements shall remain with the Subdivider until completion by the Subdivider, and until acceptance of the Improvements by the City, as provided by law. Section 2. Storm Water Management. The stormwater detention facilities for this Subdivision were constructed with the development of Highlander Development First Addition. No additional stormwater detention facilities, therefore, are necessary for this Subdivision. Section 3. Sidewalks. No sidewalks are required in connection with the Subdivision. Section 4 Restriction on Access to Northeate Drive. The Lot in the Subdivision shall have public street access onto Northgate Drive through a private access easement through Lot 20 Highlander Development, First Addition, Iowa City, Iowa. The access easement location shall be as shown on the easement plat to be attached to the easement document. There shall be no direct vehicular access onto Northgate Drive from the Subdivision. l� Section 5. Miscellaneous. The subdivision shall have perpetual easement rights for no less than twelve parking spaces within 300 feet of the Subdivision on Lot 20 Highlander Development, First Addition, Iowa City, Iowa (or other nearby real estate). Section 6 Binding Effect. ffect. This agreement shall be 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. a4 Dated this _ day of Rmiz- CITY OF IOWA CITY, IOWA By: Akk,� 3 ^— Matthew J. Hayek, Mayor By: �J Maria °K —. .Karr, City Clerk State of Iowa, County of Johnson, ss: 2011. On this . day of 19 , 2011, before me, the undersigned, a notary public for the state of Iowa, 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, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Sowi•w+.. �� 50W.Ec: SONDRA EPORT ommission Number 159791 Notary Public for the State of Iowa MyV ammisslon ExpifeS tT7/ �olA 2 1 �, SUBDWMER'S AGREEMENT (Signatures and acknowledgements continued) OWNER ENT Properties, L.L.C. , title STATE OF IOWA; COUNTY OF JOHNSON) ss. This instrument was acknowledged before me on this day of , 2011, by , as Manager of ENT Properties, L.L.C. Notary Public in and for the State of Iowa My commission expires: SUBDIVIDER EPS Properties LLC g:j� title STATE OF IOWA; COUNTY OF JOHNSON) ss. k This instrument was acknowledged before me on this 25' day of Mart-))-, 2011, by l uSe . $ YY1a8 Mt as Manager of EPS Properties LLC. I , DEBORAH Q. KEr 7 z °~ a� Commission Number 723534 • My Commis on Expires Notary Public in and or t e State of Iowa My commission expires: q- 2.2 -12. 3 ,I� SUBDWIDER'S AGREEMENT (Signatures and acknowledgements continued) OWNER ENT Properties, L.L.C. By: title STATE OF IOWA; COUNTY OF JOHNSON) ss v� >9,�� �� T.�hyi'sp� �instrument was acknowledged before me on this � day of � 2011, by I PlG'E & S.5" vZi d &P, , as Manager of ENT Properties L.L.C. t' Id and for the [State of Iowa 04Pi�gr JA JOHN E BEASLEy My x iA `_ Commission Num % M � Commi bP` 162595 rOW y0cl0b6r i5,� Ex it 2012 es / SUBDIVIDER EPS Properties LLC 0 , title STATE OF IOWA; COUNTY OF JOHNSON) ss. This instrument was acknowledged before me on this day of , 2011, by , as Manager of EPS Properties LLC. Notary Public in and for the State of Iowa My commission expires: Prepared by: Thomas H. Gelman 321 Market Street, Iowa City IA 52244 (319)354 -1104 CERTIFICATION AND DEDICATION OF EPS FIRST ADDITION, IOWA CITY, IOWA [A Subdivision of a portion of Lot 19 Highlander Development First Addition] KNOW ALL PERSONS BY THIS DOCUMENT: ENT Properties, L.L.C. does hereby certify and state that it is the owner of the following described real estate situated in Johnson County, Iowa, to -wit: The west 125.00 feet of Lot 19, Highlander Development, First Addition, Iowa City, Iowa, as recorded in Plat Book 25, Page 52, Johnson County Recorder's Office, more particularly described as follows: Beginning at the northwesterly corner of said Lot 19; Thence S 39° 17' 30" W — 268.96 (previously reported also as 268.97) feet along the westerly line of said Lot 19 to the southwesterly corner thereof, Thence S 46° 32' 00" E — 125.33 feet along the southerly line of said Lot 19; Thence N 39° 17' 30" E — 278.09 feet along a line parallel with the said westerly line to a point on the northerly line of said Lot 19; Thence N 50° 42' 30" W — 125.00 feet along the said northerly line to the Point of Beginning. Owner does further state that the subdivision of said real estate as it appears on the plat of EPS First Addition, to which this certification and dedication is attached, is with its flee consent and in accordance with its desire. The owner, ENT Properties, L.L.C., has signed this Certificate and Dedication on this fM'�day of V1lA ✓ A 2011. ENra ties .CBy Manager CITY OF IOWA CITY, IOWA C Matthew jXayek, Mayor Marian K. Karr, City Clerk '0 State of Iowa, County of Johnson, ss: This instrument was acknowledged before me on t ns z3 day of ✓lt-," 4 , 2011, by 7"4s �jav�s+ as alplg oyENI' Properties, L.L.C. JOHN E BEASLEy4°c Commission Number 782585 NOtaty �J lic in and for the My Commission Expires if ow October 15, 2012 My co I ission expires:_ State of Iowa, County of Johnson, ss: of On this. day of , 2010, before me, the undersigned, a ndaiy public for the state of Iowa, personally appeared Matthew J. Hayek and Marian K. Kara, 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, executing the within and f9•egoing instrument; that the seal attached thereto is the seal of said corporation by authori��YY of its City Council; and that the said Mayor and City Clerk acknowledged the executiol- 6l�said instrument to be the voluntary act and deed of said corporation, by it and by them- oluntarily executed. Notary Public for the State of Iowa 2 � r1J Prepared by: Thomas H. Gelman 321 E. Market Street, Iowa City, IA 52244 Phone (319) 354 -1104 OPINION OF ATTORNEY EPS FIRST ADDITION, IOWA CITY, IOWA [A Subdivision of a portion of Lot 19 Highlander Development First Addition] I, Thomas H. Gelman, a 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: The west 125.00 feet of Lot 19, Highlander Development, First Addition, Iowa City, Iowa, as recorded in Plat Book 25, Page 52, Johnson County Recorder's Office, more particularly described as follows: Beginning at the northwesterly corner of said Lot 19; Thence S 39° 17' 30" W — 268.96 (previously reported also as 268.97) feet along the westerly line of said Lot 19 to the southwesterly coiner thereof; Thence S 46° 32' 00" E — 125.33 feet along the southerly line of said Lot 19; Thence N 39° 17' 30" E — 278.09 feet along a line parallel with the said westerly line to a point on the northerly line of said Lot 19; Thence N 50° 42' 30" W — 125.00 feet along the said northerly line to the Point of Beginning. I hereby certify that fee simple title to said property, to become known as EPS First Addition, Iowa City, Iowa, is in ENT Properties, L.L.C. free and clear of all liens and encumbrances excepting only the following: Mortgage Lien in favor of Hills Bank and Trust Company recorded in Book 4042, Page 306, of the Records of Johnson County, Iowa; and Mortgage Lien in favor of Hills Bank and Trust Company recorded in Book 4183, Page 198, of the Records of Johnson County, Iowa; and Mortgage Lien in favor of Hills Bank and Trust Company recorded in Book 4502, Page 733, of the Records of Johnson County, Iowa. Dated at Iowa City, Iowa, on ��AJI'� (Z 2011. Thomas H. Ge an Phelan, Tuc r, Mullen, Walker, Tucker & Gelman, E.L.P. P.O. Box 2150 Iowa City, IA 52244 ���J Prepared by: Thomas H. Gelman 321 E. Market Street, Iowa City, IA 52244 Phone (319) 354 -1104 MORTGAGEE'S CONSENT TO SUBDIVISION EPS FIRST ADDITION, IOWA CITY, IOWA [A Subdivision of a portion of Lot 19 Highlander, Development Fitst Addition] The undersigned does hereby certify and state that as of /VtQ,Pd4- 3O , 2011, Hills Bank and Trust Company (Mortgagee) was the owner and holder of three mortgages on all or a portion of the real estate described as: The west 125.00 feet of Lot 19, Highlander Development, First Addition, Iowa City, Iowa, as recorded in Plat Book 25, Page 52, Johnson County Recorder's Office, more particularly described as follows: Beginning at the northwesterly corner of said Lot 19; Thence S 39° 17' 30" W - 268.96 (previously reported also as 268.97) feet along the westerly line of said Lot 19 to the southwesterly corner thereof; Thence S 46° 32' 00" E - 125.33 feet along the southerly line of said Lot 19; Thence N 39° 17' 30" E - 278.09 feet along a line parallel with the said westerly line to a point on the northerly line of said Lot 19; Thence N 50° 42' 30" W - 125.00 feet along the said northerly line to the Point of Beginning. The mortgage liens of Mortgagee were created by the mortgages in favor of Mortgagee as recorded in Book 4042, Page 306, of the Records of Johnson County, Iowa; in Book 4183, Page 198, of the Records of Johnson County, Iowa; and in Book 4502, Page 733, of the Records of Johnson County, Iowa. Mortgagee hereby consents to the platting and subdivision of the real estate described above, by its owners, as shown on the Final. Plat of EPS FIRST ADDITION, Iowa City, Iowa, and Mortgagee does finther hereby release all easements as shown on said plat of said subdivision from the lien of its mortgage. IN WITNESS WHEREOF, Mortgagee has caused this document to be signed on this M�k day of bl(A(/C(n- 2011. MORTGAGEE Hite Bank atrW Tim N. Stn-r svP ,title STATE OF IOR✓A, COUNTY OF JOHNSON, ss: By: Jace N.Bailey, CBO title This instrument was ackno}vledged before me on this 30th day of MrAe 2011, by �I N. �iFll and 10 e u) a;1A?(1 as .914 r i /tm P ande it 4t a fFltt`r' , r ectively, of Hills B ril nd Trust Cot any. 0 c¢r� F'��c APfGEt 6i ®Y ®17 id ^ Notary P li fa said state f z m6snoa krm My Cot ion Expires: 1 �J Prepared by: Thomas H. Gelman 321 E. Market Street, Iowa City, IA 52244 Phone (319) 354 -1104 CERTIFICATE OF TREASURER EPS FIRST ADDITION, IOWA CITY, IOWA [A Subdivision of a portion of Lot 19 Highlander Development First Addition] I, Thomas L. Kriz, hereby certify that I am the County Treasurer of Johnson County, Iowa, and that the property described as follows, to -wit: The west 125.00 feet of Lot 19, Highlander Development, First Addition, Iowa City, Iowa, as recorded in Plat Book 25, Page 52, Johnson County Recorder's Office, more particularly described as follows: Beginning at the northwesterly corner of said Lot 19; Thence S 39° 17' 30" W — 268.96 feet along the westerly line of said Lot 19 to the southwesterly corner thereof; Thence S 46° 32' 00" E — 125.33 feet along the southerly line of said Lot 19; Thence N 39° 17' 30" E — 278.09 feet along a line parallel with the said westerly line to a point on the northerly line of said Lot 19; Thence N 500 42' 30" W — 125.00 feet along the said northerly line to the Point of Beginning. and shown on the attached plat and known and designated as EPS FIRST ADDITION, Iowa City, Iowa, is free from taxes. Dated at Iowa City, Iowa, this 15� day of 2011. - - -/�Ma_ �,� (Seal) Thomas L. Kriz County Treasurer, Iowa Parcel No. 0736304001 \'9J Prepared by: Thomas H. Gelman 321 E. Market Street, Iowa City, IA 52244 Phone (319) 354 -1104 CERTIFICATE OF COUNTY AUDITOR EPS FIRST ADDITION, IOWA CITY, IOWA [A Subdivision of a portion of Lot 19 Highlander Development First Addition] I, Tom Slockett, the Johnson County Auditor, hereby approve of EPS First Addition, Iowa City, Iowa, as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: The west 125.00 feet of Lot 19, Highlander Development, First Addition, Iowa City, Iowa, as recorded in Plat Book 25, Page 52, Johnson County Recorder's Office, more particularly described as follows: Beginning at the northwesterly corner of said Lot 19; Thence S 39° 17' 30" W — 268.96 (sometimes 268.97) feet along the westerly line of said Lot 19 to the southwesterly corner thereof, Thence S 46° 32' 00" E — 125.33 feet along the southerly line of said Lot 19; Thence N 39° 17' 30" E — 278.09 feet along a line parallel with the said westerly line to a point on the northerly line of said Lot 19; Thence N 50° 42' 30" W — 125.00 feet along the said northerly line to the Point of Beginning. x T . / (seal) 2011 �`J Prepared by and Return to: Thomas H. Gebnan 321 E. Market St. (319)354 -1104 Iowa City, IA 52244 ACCESS, PARIUNG AND DUMPSTER FACILITY EASEMENT AGREEMENT This Access, Parking and Dempster Facility Easement Agreement ( "Easement Agreement ") is made and entered into on An",( ( c , 2011, by and between ENT Properties LLC an Iowa limiteA liability company, hereafter referred to as "ENT ", and EPS Properties LLC an Iowa ]united liability company, hereafter referred to as "EPS ". RECITALS 1. ENT is the owner of the westerly portion of the real estate located at 2615 Northgate Drive, Iowa City, Johnson County, Iowa, more particularly described as follows, and which parcel is hereafter referred to as the "ENT Parcel ", to -wit: Lot 20, Highlander Development, First Addition, Iowa City, Iowa, according to the Plat thereof recorded in Plat Book 25, Page 52, in the Johnson County Recorder's Office. 2. ENT is also the owner, and EPS is the purchaser under an Offer -to Buy, of the real estate located at 2629 (easterly portion of what formerly has been 2615) Northgate Drive, Iowa City, Johnson County, Iowa, more particularly described as follows, and hereafter refened to as the "EPS Parcel ", to -wit: West 125.00 feet of Lot 19, Highlander Development, First Addition, Iowa City, Iowa, as recorded in Plat Book 25, Page 52, Johnson County Recorder's Office, is more particularly described as follows: Beginning at the northwesterly corner of said Lot 19; Thence S 39° 17' 30" W — 268.96 (previously reported also as 268.97) feet along the westerly line of said Lot 19 to the southwesterly corner thereof, Thence S 46° 32' 00" E — 125.33 feet along the southerly line of said Lot 19; Thence N 39° 17' 30" E — 278.09 feet along a line parallel with the said westerly line to a point on the northerly line of said Lot 19; Thence N 50° 42' 30" W — 125.00 feet along the said northerly line to the Point of Beginning. (To become known in the future as Lot 1 of EPS First Addition, Iowa City, Iowa, according to the recorded plat thereof) 1,77 3. In consideration of EPS's purchase of the EPS Parcel, and other consideration provided herein, under certain terms and conditions ENT is willing to grant to EPS a perpetual non- exclusive access easement through and across the ENT Parcel, a perpetual parking easement on the ENT Parcel as needed to satisfy EPS's parking requirements for the current development of a medical office building on the EPS Parcel, and a perpetual dumpster facility easement to share a dumpster facility to be located on the ENT Parcel. 4. EPS has submitted to the City of Iowa City a site plan for its office building project to be built on the EPS Parcel, which site plan has been approved by the City and by ENT (hereafter "Approved Site Plan ") and is attached hereto as Exhibit A and incorporated herein by this reference. 5. ENT and EPS wish to specify the agreed to terms and conditions of the access, parking easement and dumpster facility easement. TERMS AND CONDITIONS NOW, THEREFORE, in consideration of the above recitals, the mutual covenants hereinafter set forth, and other good and valuable consideration the sufficiency of which is hereby acknowledged by both parties, it is agreed between the parties as follows: 1. ENT hereby grants to EPS a perpetual, non- exclusive easement for vehicular and pedestrian access to and from the EPS Parcel over those portions of the driveways on the ENT Parcel included within the "Driveway Easement Area" on Exhibit B attached hereto ( "ENT Driveway Easement Area "). Said driveway easement shall be for the purpose of two way vehicular and pedestrian traffic to allow EPS to travel to and from the EPS Parcel over such driveways within the ENT Driveway Easement Area to the Northgate Drive right -of -way and for general vehicular and pedestrian circulation. 2. EPS hereby grants to ENT a perpetual, non - exclusive easement for vehicular access over those portions of the driveways on the EPS Parcel included within the "Driveway Easement Area" on Exhibit B attached hereto ( "EPS Driveway Easement Area "). Said easement shall be for the purpose of two way vehicular traffic to allow ENT vehicular circulation through the EPS Parcel. ENT shall have no parking rights on the EPS Parcel. 3. ENT hereby grants to EPS a perpetual parking easement for the right to park not less than ten (10) vehicles on the ENT Parcel within the "Parking Easement Area" as shown on Exhibit B attached hereto ("Parking Easement Area "). It is understood by the parties that said easement is to satisfy the City of Iowa City's parking space requirement for EPS's development and use of the EPS Parcel for cormnercial office space. The parking easement hereby granted is for the perpetual right to use not less than ten (10) parking spaces within the Parking Easement Area as shown on Exhibit B attached hereto. Provided, however, EPS reserves the right at any time (if required by the City or for any other reason) to request assignment of designated spaces, and ENT reserves the right at any time to assign designated spaces, within such Parking Easement Area, for the exclusive use of EPS in accordance with this easement. If EPS requests designated exclusive spaces or if ENT elects to designate EPS exclusive spaces, such spaces shall be those in the Parking Easement Area located adjacent to or otherwise in the closest proximity to EPS's westerly boundary line. Any signage for designating the exclusive spaces shall be at EPS's sole cost and expense, but shall be subject to the approval of ENT, which 2 112) approval shall not be unreasonably withheld so long as the signage is generally in keeping with any ENT parking signage or the general architectural design of the EPS facility. Any costs of enforcing exclusive parking rights shall be borne by the party holding the exclusive rights. 4. ENT hereby grants to EPS a perpetual easement over the ENT Parcel for the right to access and use the shared dumpster facilities to be built on the ENT Parcel within the area shown as "Dumpster Easement Area" on Exhibit B attached hereto ( "Dumpster Easement Area "). The dumpster easement hereby granted is for the perpetual non- exclusive tight to use the dumpster in common with ENT for temporary holding of common office building waste and trash. Provided, however, EPS reserves the right at any time (if permitted by the City) to establish its own dumpster facility on the EPS Parcel and to cease the shared use of the dumpster site and facilities within the Dumpster Easement Area , in which event 1) the parking easement granted in paragraph 3 herein shall be modified from the right to use and designate no less than ten (10) parking spaces within the Parking Easement Area to the right to use and designate no less than thirteen (13) parking spaces within the Parking Easement Area. Each party shall be solely responsible for the proper and legal disposal of biological and hazardous waste and shall indemnify and hold the other harmless from its failure to perform this obligation. 5. As further consideration for grant of easements hereunder, the parties agree, in connection with the improvement and use of the EPS and ENT Parcels, to undertake the following, unless otherwise expressly provided herein: A. EPS, at its sole cost and expense, shall make all initial modifications to the Driveway Easement Area and Parking Easement Area as such initial modifications are shown on the Approved Site Plan including paving, re- striping, islands, landscaping and planting of trees and shrubs. B. EPS shall install a new shared dumpster facility on the ENT Parcel within the "Dumpster Easement Area" as shown on Exhibit B attached hereto in accordance with plans and specifications and cost therefor as shall be approved in writing by both EPS and ENT in advance. Such dumpster facility shall be for the shared use of EPS and ENT. EPS shall advance the cost of installation of the shared dumpster facility (including but not limited to the relocation of the adjacent retaining wall) and upon completion and invoice, ENT shall within 30 days reimburse to EPS a share of the cost of such new shared dumpster facility based on the relative square footage of the ENT building to the square footage of the EPS building (or such other reasonable formula as may be agreed to in writing from time to time by ENT and EPS). After the new dumpster facility is completed EPS, at its sole cost and expense, may remove the current ENT dumpster location from the EPS Parcel. Until completion of the new dumpster facility, ENT shall have a temporary easement to use the previously existing dumpster facility on the EPS Parcel. C. EPS shall relocate and replace all of the retaining wall at the south end of the shared parking area in accordance with the Approved Site Plan. The cost of doing so for that portion of such retaining wall adjacent to the Dumpster Easement Area shall be allocated as specified in Paragraph 53 above. ENT shall reimburse to EPS the cost for relocating and replacing the balance of the retaining wall on the ENT Parcel upon completion and within thirty (30) days after invoice. D. EPS shall reasonably repair any damage to the ENT Parcel incurred as a consequence of EPS's installation of improvements on the EPS Parcel. 3 6. To the extent reasonably necessary for EPS to carry out its installation and maintenance obligations hereunder, ENT does hereby grant to EPS a temporary or perpetual non - exclusive easement, as the case may be, over the ENT Driveway Easement Area, Parking Easement Area, Dumpster Easement Area and immediately adjacent areas. ENT further hereby grants to EPS a perpetual easement and access rights to install and maintain directional signs on the ENT Parcel near the Northgate Drive entrance apron. Prior to the placement of such directional signs, EPS shall first obtain approval from ENT as to the location and style of such sign, which approval shall not be unreasonably withheld if such signage is in compliance with the regulations of the City of Iowa City and does not interfere with the signage of ENT. 7. After the initial construction of the Approved Site Plan improvements oil the ENT Driveway Easement Area, Parking Easement Area and Dumnpster Easement Area have been completed by EPS, then: 1) ENT shall be responsible (subject to EPS's obligations as specified herein to perform or pay a share of certain of such expenses) for maintaining, repairing and replacing the driveways, parking areas, dumpster facility, retaining wall, landscaping and other improvements located within the ENT Parcel; and 2) EPS shall be responsible for maintaining all of the parking areas, driveways, retaining wall, landscaping and other improvements located within the EPS Parcel plus for reimbursement to ENT for EPS's share of the maintenance, repair and replacement expenses for the shared driveways, parking, and dumpster facility as provided herein in Paragraphs 8, 9 and 10 below. 8. EPS shall be solely responsible for all installation, maintenance, repairs and replacements of all drives and parking areas within (i) the EPS Parcel and (ii) within the Parking Easement Area that have been designated for EPS's exclusive use. EPS shall also reimburse ENT for a reasonable allocation of the real estate taxes payable on ENT's land and paving improvements (not building) based upon the relative square footage of the ten (10) (or thirteen) parking spaces on ENT's Parcel available for EPS's use (whether or not exclusively designated) to the total square footage of ENT's Parcel (or such other reasonable formula as may be agreed to in writing from time to time by ENT and EPS), such costs including, but not limited to drive area maintenance, debris removal, repair, sealing, resurfacing, replacements, lighting, utilities, services, pavement markings, general signage and snow removal. 9. The maintenance and operational expenses for i) the shared drives within the ENT Driveway Easement Area, and ii) if the ten (10) (or thirteen) spaces have not been specifically designated for EPS's exclusive use under Paragraph 3 above, all the parking area on the ENT Parcel lying between the FPS Parcel and the building on the ENT Parcel ( "Shared Parking Area "), shall be equitably allocated between the parties as they may agree from time to time in writing. If they are unable to agree, then such equitable allocation shall be by sharing such expenses on a percentage basis based on the relative percentage of panting spaces intended for each party's use within the Shared Parking Area, such costs including, but not limited to parking area maintenance, debris removal, repair, sealing, resurfacing, replacements, lighting, utilities, services, striping, general signage and snow removal. The maintenance and replacement expenses for the shared entrance apron and portions of the shared drives within the ENT Driveway Easement Area that service not only the shared parking area but also ENT's northerly and westerly parking areas shall be equitably allocated between the parties as they may agree from time to time in writing. If they are unable to agree, then such equitable allocation shall be by sharing such expenses on a percentage basis based on each party's relative percentage of parking spaces serviced by such common features, such costs including, but not limited to drive area maintenance, debris removal, repair, sealing, resurfacing, 4 10) replacements, lighting, utilities, services, pavement markings, general signage and snow removal. (For clarification, the drives exclusively accessing ENT's northerly and westerly parking areas are not "shared drives ".) 10. The maintenance and operational expenses for the shared dunpster facilities shall be equitably allocated between the parties as they may agree from time to time in writing. If they are unable to agree, then such equitable allocation shall be by sharing such expenses on a percentage basis based on the relative percentage of square feet in each party's building, such costs including, but not limited to dumpster facility and area maintenance, debris removal, repair, replacements, lighting, utilities, services (including dumpster rental and waste hauling not otherwise agreed to be borne separately), signage and snow removal. 11. Nothing in this Easement Agreement is intended to limit EPS and ENT from entering into any firrther cooperative agreement (cross parking arrangement) for shared use and maintenance of their respective adjacent parking areas. Any such agreement shall be in compliance with City Ordinance or regulations, in writing and placed of Record in Johnson County, Iowa. 12. Each owner of a parcel described herein (indemnifying party) shall indemnify and hold harmless the owner of the other parcel described herein from any and all third party claims for injuries, damages, expenses and/or other liabilities arising from such indemnifying party's acts or omissions in the performance of its responsibilities or exercise of its rights hereunder. This indemnification and hold harrnless shall include, but is not limited to, reasonable legal fees and costs of defense inured by the indemnified party. Notwithstanding the foregoing, this indemnification and hold harmless shall orily apply to third party claims that are not otherwise covered by the indemnifying party's insurance coverage. 13. When easement rights are granted to EPS hereunder, such granted rights are for the benefit of EPS and its successors and assigns, and all of their tenants, as well as the employees, patients, customers, clients, invitees, guests, contractors, subcontractors, agents and representatives of all of them. When easement rights are granted to ENT hereunder, such granted rights are for the benefit of ENT and its successors and assigns, and all of their tenants, as well as the employees, patients, customers, clients, invitees, guests, contractors, subcontractors, agents and representatives of all of them. 14. The easements granted under this Easement Agreement shall be appurtenant to the real estate and shall be binding upon the present and future owners of the parcels described herein and shall be perpetual in duration unless otherwise specified or until terminated by written agreement of the parties or their respective successors and assigns; provided, however, this easement agreement will not be terminated without the prior written approval of the City of Iowa City. [Remainder of Page Intentionally Left Blank — Signature Page Follows] 5 1� ACCESS, PARIQNG AND DUMPSTER FACILITY EASEMENT AGREEMENT — Signature Page ENT EPS ENT Properties LLC EPS Properties LLC By: I "7 �� 'title Wthe Date: yI�l By. / d� yse- ' u»ad, M.D., Manager Date: By: S = 'C'..�� By: //LAG' // / s Jolm F. St iler M.D., Manager Date: 3�// Date: title f A IMOUJI I (l / - -Y.• —a. 1_. `,�l/Y_.C'..t 'c..,.�e._ , By: B J GC. �✓ J ' �/ /C4�1'L�.Jc�L {'� /. �• Y' title Owtv^w1m Date: /16, i i Stacyf . Thompson, M.D., Manager Date: 3 /��f I By: � ' Date: 11� STATE OF IOWA; COUNTY OF JOHNSON) ss. This instrument was acknowledged before me on this 6¢k day of N ✓; ( , 2011, by Lyse S. Strnad, M.D., as a Manager of ENT Properties, L.L.C. ' "rs THOMAS H GELMAN zo ; Commission Number 111593 My Commission Expires ow September 22, 2013 STATE OF IOWA; COUNTY OF JOHNSON) ss. Notary Public in arIffor the State My commission a rres:' //, This instrument was acknowledged before me on thisQ l day of J 2011, by John F. Stamler, M.D., as a Manager of ENT Properties, L.L.C. hill THOMAS H GELMAN Notary Public in an the State of Iowa Commission Number pins My commission exOnes: y/� a// My Commission Expires / September 22, 2013 STATE OF IOWA; COUNTY OF JOHNSON) ss. This instrument was acknowledged before me on this try �l day of ' 2011, by Stacy L. Thompson, M.D., as a Manager of ENT Properties, L.L.C. o4�'ke THOMAS H GELMAN i Commission Number 111593 = My Commission Expires September 22, 2013 Notary Public nand d4h6 State of Iowa My commission exR 'P : 11 f za // 1 STATE OF IOWA; COUNTY OF JOHNSON) ss. ,A T4& instrumgqt was acknowledged before me on this eve ft _,as a Manager of EPS Properties LLC. o.P°'Arc JOHN E BEASLEY z i Commission Number 162595 My Commission Expires mw October 15, 2012 day of 1/ 2011, by Public in and for the State to IoN IIIIICCIIIiI PVIl1 YP C' STATE OF IOWA; COUNTY OF JOHNSON) ss. This instrument was acknowledged before me on this 14 )"day of s g'L6wit" as a Manager of EPS Properties LLC. iI , 2011, by FTY E BEASLEY lic in and for the S, ate of Iowa mNumbe- 162595 Msion expires: lUa lS' Commission Expres 1.12WA—i October 15, 2012 STATE OF IOWA; COUNTY OF JOHNSON) ss. This instrul� ent was acknowledged before me on this 161%. y of 2011, by j (/2i , as a Manager of EPS Properties LLC. =EA Y z : Ccm2595 res STATE OF IOWA; COUNTY OF JOHNSON) ss. in and for (he State of Iowa n expires: N'W' I'Z - /G �A This instrumejit was acknowledged before me on this day of J q�aQ &b as a Manager of EPS Properties EL-C. I 4`" s JOHN E BEASLEY z° Commission Number 162595 row My Commission Expires . 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S t5 S ' A l 3 y 9 V i n EXHIBIT B EASEMENT PLAT 10 ib XRefereace FBes: XR— UTILITY > P: \PROJECTS \DM \110359 \DWG \XR— UPLITY.Owg I XR —HATCH > P: \PROJECTS \IC \1103590 \DWG \DM DWG 030111 \XR 1 ocile I P: \Projects \IC \1103590 \0wg \EP- Bl- 01.DWG I DATE: 03/222//2011 1 Time; 10:02 1 EXHIBIT B ACCESS, PARKING AND DUMPSTER EASEMENTS LOT 20, HIGHLANDER DEVELOPMENT FIRST ADDITION LOT L EPS FIRST ADDITION IOWA CITY, JOHNSON COUNTY, IOWA LOT 20�_S ` HIGHLANDER DEVELOP FIRST ADDITION DUMPSTER 1 EASEMENT'`^ N 46' 32' 00" W 125.33' CURVE TABLE CURVE LENGTH RADIUS CHORD BRG CHORD CI 6.29' 375.00' S50' IS 40 "E 6.29 LINE TABLE LINE TABLE NNE LENGTH DIRECTION LINE LENGTH DIRECTION L1 12.10' S39-17' 30 °W L13 34.12' N46' 32' OO °W L2 9.68' S13' GO' 00 'E L14 30.08' N46' 32' 00 "W L3 30.00' S44' 45' OO °E L15 15.83' N39' 17' 30 °E L4 24.00' S39' 17' 30 -W L16 30.00' S50' 42' 30 °E L5 37.50' N50' 42' 30 °W L17 18.02 S39' 17' 30 °W L6 170.51' 1 S39' 17' 30 "W L7 24.50' S50' 42' WE 18 18.51' N83' 53' 46 °E L9 66.50' S39' 17' WIN L10 61.66' N46' 32' 00°W U7 264.52' N39' 17' WE Lit 17.71' S50' 42' WE 50' 42' 30" W O 2 F2 ] LOT 1 '� EXISTING EPS FIRST ADDITION ^^off 10' UTUTY _° EASEMENT ACCESS EASEMENT PARKING EASEMENT DUMPSTER EASEMENT S52'41' 19 "E 215.37' I 0 30 60 120 SCALE IN FEET 0 EXHIBIT B PRO.HCT NO. r c HI ACCESS. PARKING AND DUMPSTER n9u9 -0 V EASEMENTS rA R C 11 1 T E C I U R '. + C N G 1 NI I. F R I PI G DATE 3/1]/11 SCP1E AS SHOWN SHEET N0. laxa Haws I MJSsWd http: //. .Nhe-hOttw w ORANN 49 Han BOOK B1.1 "ag M NUV9M I84- 000214 APPROWD JSD REMSION 0 TCH.Ow eference Files: XR- UTILITY > P: \PROJECTS \DM \110359 \DWG \XR- UTILITY.Owg I XR -HATCH > P: \PROJECTS \IC \1103590 \DWG \DM DWG 030111 \XR I jsboile I P: \Projects \IC \1103590 \Dwg \EP- B1- 01.LAC I DATE: 03/222//2011 1 Time: 10:02 EXHIBIT B ACCESS, PARKING AND DUMPSTER EASEMENTS LOT 20, HIGHLANDER DEVELOPMENT FIRST ADDITION LOT 1, EPS FIRST ADDITION IOWA CITY, JOHNSON COUNTY, IOWA DESCRIPTION ACCESS EASEMENT That part of Lot 19, Highlander Development First Addition, Iowa City, Johnson County, Iowa, (final Plat recorded In Plat Book 25, page 52, Johnson County Recorders Office) described as follows: Commencing as a point of reference at the most Easterly corner of sold Lot 20; thence North 50'42'30" West 37.5 feel along the Northeasterly line of said Lot 20 (assumed bearing for this description only) to the point of beginning; thence South 3717'30" West 12.10 feet; thence South 13'00'00 East 9.68 feel; thence South 44'45'00" East 30.00 feet to a point of Intersection with the Southeasterly line of said Lot 20; thence South 39'17'30" West 24.00 feet along said Southeasterly line; thence North 50'42'30" West 37.5 feel; thence South 3917'30" West 170.51 feet; thence South 50'42303° East 24.50 feet; thence North 83'53'46" East 18.51 feet to a point of intersection with the Southeasterly line of said Lot 20; thence South 3917'30" West 66.50 feel to a point of Intersection with the Southwesterly line of said Lot 20; thence North 4632'00° West 61.66 feel along said Southwesterly line; thence North 39'17'30" East 26+.52 feet to a point of Intersection with the Northeasterly line of said Lot 20; thence Southeasterly 6.29 feet along the arc of a 375.00 foot radius curve concave Northeasterly (chord bearing South 50'13'40" East 6.29 feet); thence South 50'42'30" East 17.71 feet along sold Northeasterly line to the point of beginning; DUMPSTER EASEMENT That part of Lot 19, Highlander Development First Addition, Iowa City, Johnson County, Iowa, (Final Plat recorded in Plat Book 25, page 52, Johnson County Recorders Office) described as follows: Commencing as a point of reference at the most Southerly corner of said Lot 20; thence North 46'32'00" West 34.12 feel along the Southwesterly line of said Lot 20 (assumed bearing for this description only) to the point of beginning; thence continuing North 4632'00" West 30.08 feet along said Southwesterly line; thence North 39'17'30" East 15.83 feet; thence South 50'42'30" East 30.00 feet; thence South 39'17'30" West 18.02 feet to the point of beginning; ACCESS EASEMENT The Northwesterly 23.5 feet of Lot 1, ENS Fist Addition to Iowa City, Iowa except the Northeasterly 20 feet thereof. I°IIVS A. R C H I T L C i URr +E NG I N'1'R1 NG lava 1 Illinois I Ilbsoud hllp: / /.w.ehhrhalleryeom I UNOS M NUMBER: 184 -NO214 EXHIBIT B PMECT No. ACCESS, PARKING AND DUMPSTER IIW59 -0 EASEMENTS ]/11 SCALE AS SHa'AN SHEET Na. ase I no-D Eaax I B1.2 use REVISION '/J TCH.Dw�"jeference Files: XR- UTILITY > P: \PROJECTS \DAI \110359 \DViG \XR- UTILITY.Dwg I XR -HATCH > P: \PROJECTS \IC \1103590 \DWG \DM DWG 030111 \XR jsbaile I P: \Projects \IC \1103590 \0wg \EP- BI- Oi.DR13 I DATE: 03/222//2011 1 Time: 10:02 1 EXHIBIT B ACCESS, PARKING AND DUMPSTER EASEMENTS LOT 20, HIGHLANDER DEVELOPMENT FIRST ADDITION LOT 1, EPS FIRST ADDITION IOWA CITY, JOHNSON COUNTY, IOWA DESCRIPTION PARKING EASEMENT That part of Lot 19, Highlander Development First Addition, Iowa City, Johnson County, Iowa, (Finof Plat recorded In Plot Soak 25, page 52, Johnson County Recorders Office) described as follows: Commencing as a point of reference of the most Easterly comer of sold Lot 20; thence North 50'42'30" West 37.5 feet along the Northeasterly line of sold Lot 20 (assumed bearing for this description only); thence South 3717'30" West 12.10 feet; thence South 13'00'00 East 9.68 feel; thence South 44'45'00" East 30.00 feet to a point of Intersection with the Southeasterly line of sold Lot 20; thence South 39'17'30" West 24.00 feet along said Southeasterly line to the point of beginning; thence North 50'42'30" West 37.5 feet; thence South 39'17'30' West 170.51 feet; thence South 50'42'303' East 24.50 feel; thence North 83'53'46" East 18.51 feet to a point of Intersection with the Southeasterly line of said Lot 20; thence North 39'17'30' East 157.33 feet along said Southeasterly line to the point of beginning. SHIVEE IV A R C Ii: T E CT U R r, CN01 IT L1 -^ZING Iowa I ilila0s I Missouri hltp: / /"T4 H0�"hatl<rywm ILLINOIS FAM NUY9ER 104- 000214 EXHIBIT B I PROJECT NO. ACCESS AND DUMPSTER PARKING A 110359 -0 EASEMENTS SCALE AS SHONM SHEET NO. FIE`° NOOK 131.3 REVISION 0 Doc ID: 022162910006 Type: GEN Kind: ANNEXATION Recorded: 04/28/2011 at 12:36:14 PM Fee Amt: $34.00 Pace 1 of 6 Johnson Countv Iowa Kim Painter Countv Recorder MWYMMH�- M601 y April 21, 2011 Kim Painter Johnson County Recorder 913 S. Dubuque St. Iowa City, IA 52240 Dear Kim, 410 East Washington Street Iowa City, Iowa 52240 -1826 (3 19) 356 -5000 (319) 356 -5009 FAX evwev.1 egov. o rg On April 5, 2011 the City Council of Iowa City passed Resolution No. 11 -103 approving a voluntary annexation of 12.72 acres of land located at Mormon Trek Boulevard and Dane Road, Johnson County, Iowa. Pursuant to Section 368.7 Code of Iowa, I am forwarding the following documents pertaining to the annexation: Location map of the area to be annexed Legal description: of the area to be annexed Copy of the Resolution No. 11 -103 regarding Iowa City's approval of the annexation. Sincerely, Av� lll'Glf�l Marian K. Karr City Clerk City of Iowa City Enclosures 1`k i� Legal Description for ANN 11 -00001 (with RE,Z11- 00004): A portion of the northwest one - quarter of the southwest one - quarter and a portion of the southwest one - quarter of the northwest one - quarter of section 21, township 79 north, range 6 west of the 5 °i principal meridian, Johnson County, Iowa, more particularly described as follows: Outlot A, Meadowlark Hill Second Subdivision to Jolmson County, Iowa, according to the recorded plat thereof, recorded in plat book 55 at page 132 in the records of the Johnson County recorder's office, and all of the adjacent Right of Way of Mormon Trek Boulevard to the south of said Outlet A, containing 12.72 acres and is subject to easements and restrictions of record. lL Prepared by: Lorin Ditzler, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5234 RESOLUTION NO. 1 i -i o3 A RESOLUTION FOR A VOLUNTARY ANNEXATION OF APPROXIMATELY 12.72 ACRES OF PROPERTY LOCATED AT MORMON TREK BOULEVARD AND DANE ROAD, JOHNSON COUNTY, IOWA. WHEREAS, ILJ Investments, Inc. is the owner and legal titleholder'of approximately 9.71 acres of land located at Mormon Trek Boulevard and Dane Road, Johnson County, Iowa; and WHEREAS, ILJ Investments, Inc. has requested annexation of the approximate 9.71 acre tract into the City of Iowa City, tows; and WHEREAS, the City of Iowa City owns the adjacent 3.01 acre Right of Way of Mormon Trek Boulevard to the south and wishes to annex said right -of -way; and WHEREAS, the aforementioned properties are within the Long Range Planning Boundary of the City of Iowa City; and WHEREAS, development in the area proposed for annexation will fulfill an identified need without imposing an undue burden on the City; and WHEREAS, control of the area proposed for annexation is in the City of Iowa City's best interest because It will allow development in a manner consistent with the comprehensive plan; and WHEREAS, pursuant to Iowa Code 368.5 and 368.7 (2011), notice of the application for annexation was sent to the Johnson County Board of Supervisors, Johnson County departments of Attorney, Auditor, Engineer, Planning and Zoning, each affected public utility, West Lucas Township, the City of University Heights, the Metropolitan Planning Organization of Johnson County, and the East Central Iowa Council of Governments; and WHEREAS, pursuant to Iowa Code 368.7(3) (2011), notice of the application was published in an official county newspaper; and WHEREAS, none of these entities have objected to the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following described land should be voluntarily annexed to the City of Iowa City, Iowa: LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED: Outlot A, Meadowlark Hill Second Subdivision to Johnson County, Iowa, according to the recorded plat thereof, recorded in plat book 55 at page 132 in the records of the Johnson County recorder's office, and all of the adjacent Right of Way of Mormon Trek Boulevard to the south of said Outlot A, containing 12.72 acres. 2. The City Clerk is hereby authorized necessary documents and provide Development Board as required by to Investment, Inc.'s expense. and directed to certify, file, and record all any necessary documentation to the City va law under Section 368.7(3) (2011) at ILJ `1k Resolution No. 11 -103 Page 2 3. Further, the City Clerk is hereby authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer, said population being zero. Passed and approved this 5th day of MAYOR ATTEST: �. ,rte CLERK 2011. Approved by City Attorney's Office Resolution No. 11 -103 Page 2 It was moved by ' Bail ey and seconded by ililburn the Resolution be adopted, and upon roll call there were: AYES: x x x x x _x— __X -- wpdata/glossarylreso;ution -b.doo NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright �A `6& Doc ID: 022170760015 Type: GEN Kind: RESOLUTION Recorded: Fee Amt: $79.00 /Pace 1 of 1156'36 PM Johnson County Iowa Kim Painter County Recorder 6K4743 PG735 -749 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.l 1 -166 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3`d day of May, 2011, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 5th day of May, 2011. Marial i it City Clerk Ves CORPORATE U E -A -i, 410 EAST WASHINGTON STREET e IOWA CITY, IOWA 52240 -1826 e (319) 356 -5000 o FAX (319) 356 -5009 16 Prepared by: Kimberly Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO. 11 -166 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MERCY HOSPITAL, IOWA CITY, IOWA, TO USE CERTAIN PUBLIC RIGHTS -OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. WHEREAS, Mercy Hospital, Iowa City, Iowa 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 Mercy Hospital, Iowa City, Iowa 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 Mercy Hospital, Iowa City, Iowa 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 Mercy Hospital, Iowa City, Iowa 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 Mercy Hospital, Iowa City, Iowa's expense. Passed and approved this 3rd day of May 2011. CORPO ATTEST: hezi. o'i e • `% CITY LERK AeQ� Nn MAYOR Approved by City Attorney's Office 16 Resolution No. 1 Page 2 It was moved by trims adopted, and upon roll call there were: AYES: x x x. x x wpdatalglossary/rescluBon- Ic.doc and seconded by Dickens the Resolution be l►LI�L� ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright 6 A LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND IOWA NETWORK SERVICES, 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. 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 Mercy Hospital, Iowa City, Iowa, an Iowa corporation located at 500 Market Street, Iowa City, IA 52245. 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, C, D and E 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 15 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 i 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 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 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 4 1 ") 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 ii. remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Network; or 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 herein shall limit the City's right to require Licensee to relocate its Network as provided in Section 8 hereof. i 1`� 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: Vice President — Engineering Mercy Hospital, Iowa City, Iowa 500 Market Street Iowa City, Iowa 52245 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. q. Dated this ��L day of Aymc -- 12011. CITY OF IOWA CITY MERCY HOSPITAL, IOWA CITY, IOWA _ Matthew J. Hayek, Mayor Pa�loelsyh-'- /� ,/ / ,Vice President of Information Services Attest: /�y�ir ��� 2 • `A�zx -- City Clerk Approved by: CORPORATE- 817A L City Attorney's Office 0 6 CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 3 4 day of MAq 2011, before me, the undersigned, a Notary Public in and for the State of Iowa, rsonally 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 c�Ontained in Resolution No, /I- /66 and passed by the City Council, on the day of (va _, 2011, 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. .tp�,s SONDRAE FORT G°,�'s�, Commission Number 159791 �r;ntinsn- h�t�c/ My Commission Expires Notary Public in and for the State of Iowa My commission expires: 3 LICENSEE ACKNOWLEDGMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this _b day of _A /)-A(-'( 2011, before me, the undersigned, a Notary Public in and for the State of Iowa, in and for said county, personally appeared Paul Foelsch, to me personally kncv�n, who being by me duly sworn did say that that person is the �! 1 \ S r 6 I y 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 ('o 'Jf(' I acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it voluntarily executed. E S MICHELLE M. MARKS `r Commission Number 195152 + My Commission Expires March 05, 2013 ///// Notary Public in and for the State of Iowa My commission expires: U: \PW \STAFF\Kim J \ROW Agreements \Temporary - Fixed \Fiber Optic \INS.doc 6 .1- \6 .J 9 s U-1 �� -I- 9 �. �� 5 U a- S? S 1,11 h Doc ID: 022170730010 Type: GEN Kind: AGREEMENT Recorded: 05/06/2011 at 12:59:29 PM Fee Amt: $54.00 Pace 1 of 10 Johnson Countv Iowa Kim Painter Countv Recorder IM 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. 11-4425 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3`d day of May, 2011, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 5t" day of May, 2011. CORPORME S' Mariann . Karr City Clerk \ord 410 EAST WASHINGTON STREET o IOWA CITY, IOWA 52240 -1826 o (319) 356 -5000 a FAX (319) 356 -5009 Prepared by: Christina Kuecker, Assoc. Planner, 410 E. Washington St, Iowa City, IA; 319 - 356 -5243 (REZ10- 00018) ORDINANCE NO. 11 -4425 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 2.17 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF TAFT AVENUE AND COURT STREET, FROM NEIGHBORHOOD COMMERCIAL(CN -1) TO PLANNED DEVELOPMENT OVERLAY -LOW DENSITY MULTI - FAMILY RESIDENTIAL(OPD- RM12). (REZ10- 00018) WHEREAS, the applicant, Arlington Development LLC, has requested a rezoning of property located at the southwest corner of Taft Avenue and Court Street, from Neighborhood Commercial (CN -1) to Planned Development Overlay -Low Density Multi - Family Residential (OPD- RM12); and WHEREAS, the Comprehensive Plan indicates that this area is appropriate for a mixed use neighborhood town center that creates a urban frontage onto the public open space and promotes a mix of residential and commercial uses in the area surrounding the public open space; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for neighborhood compatibility and infrastructure improvements; 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 Neighborhood Commercial (CN -1) to Planned Development Overlay Low Density Multi - Family Residential (OPD /RM12): Beginning at the southeast corner of Lot 257, Windsor Ridge Part Fourteen, Iowa City, Johnson County, Iowa in accordance with the plat thereof recorded in Book 41, at Page 57 of the records of the Johnson County Recorder's Office; thence S89041'1 2"W, along the south line of said Lot 257, a distance of 262.67 feet, to the southwest corner thereof; thence N00 °23'59 "W, along the west line of said Lot 257, a distance of 357.77 feet; thence N89 °02'11" E, 262.68 feet to a point on the east line of said Lot 257; thence S00 °23'59 "E along said east line, 360.75 feet to the said point of beginning, said tract of land contains 2.17 acres and is subject to easements and restrictions of record. 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 lV Ordinance No. 11 -4G.25 Page 2 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 3rd day of May , 20 11. MAYOR ATTEST: CITY "CLERK P��t1���„ Approved bye�,/ yJ0✓lGt �/��e,�od2�z>z�����'E-f�c,� City Attorney's Office 3h u h l \U Ordinance No. 11 -4425 Page ? It was moved by Bailey and seconded by wr; ght that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x _ Bailey x Champion x Dickens x ® Hayek x Mims x Wilburn x Wright First Consideration Vote for passage: AYES: Wright, Bailey, Champion, Dickens, Hayek, Mims, Wilburn. NAYS: None. ABSENT: None. Second Consideration 4/19/2011 Vote for passage: AYES: Pfims, Wilburn, Wright, Bailey, Champion, Dickens, Hayek. NAYS: None. ABSENT: None. Date published 5 / 1 1 / 2011 \U Prepared by: Christina Kuecker, Assoc. Planner, 410 E. Washington St, Iowa City, IA; 319 - 356 -5243 (REZ10- 00018) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Arlington Development, Inc. (hereinafter "Owner "). WHEREAS, Owner is the legal title holder of approximately 2.17 acres of property located at the southwest corner of Taft Avenue and Court Street; and WHEREAS, the Owner has requested the rezoning of said property from Neighborhood Commercial (CN -1) to Planned Development Overlay -Low Density Multi - Family (OPD -RM12) zone; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding building design, infrastructure improvements, and maintenance agreements for visitor parking, that the requested zoning and the various requested modifications to the zoning is consistent with the Comprehensive Plan goals of compact, mixed use development and neighborhood compatibility, which are accepted types of planned developments; 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 infrastructure improvements; 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. Arlington Development, Inc. is the legal title holder of the property legally described as: Beginning at the southeast corner of Lot 257, Windsor Ridge Part Fourteen, Iowa City, Johnson County, Iowa in accordance with the plat thereof recorded in Book 41, at Page 57 of the records of the Johnson County Recorder's Office; thence (01040416.DOC) U S89 041'12 "W, along the south line of said Lot 257, a distance of 262.67 feet, to the southwest corner thereof; thence N00 023'59 "W, along the west line of said Lot 257, a distance of 357.77 feet; thence N89 002'11 "E, 262.68 feet to a point on the east line of said Lot 257; thence S00 °23'59 "E along said east line, 360.75 feet to the said point of beginning, said tract of land contains 2.17 acres. Said property to be subdivided as Lot 2, Windsor Ridge- Part Twenty -Two. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive 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 agrees that development of the subject property will conform to all other requirements of the zoning code, as well as the following conditions: a. The buildings shall substantially comply with the attached building elevations. b. Prior to the issuance of a building permit for the property, Owner shall contribute 12.5% of the cost to improve the adjacent portion of Taft Avenue to arterial street standards in accordance with Iowa City code Section 15- 3- 2(K)(1)(c). Said contribution shall be in the amount of $25,089.50 ($69.50 x 361 lineal feet). c. Owner shall construct and maintain the adjacent visitor parking spaces located within the City Park. d. Owner shall replace any trees or landscaping removed due to the construction of said parking spaces with like -kind trees or landscaping. 4. Upon satisfaction of the conditions contained in paragraph 3 above, the City shall promptly issue to the Owner a good and sufficient release for the property or a partial release of constructed condominium units so that this Conditional Zoning Agreement will not constitute a cloud upon the property. 5. 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. 6. 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. 7. 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. 8. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable (01040416.DOC) local, state, and federal regulations. 9. 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. M 9- Dated this 9 `� n day of t�4 Vii, 2011. CITY OF IOWA CITY BY: Matthew J. Hayek, Mayo -r Attest: A Z,zd Marian K. Kar , City Clerk Approved by: City Attorney's Office 312-1 /If ARLINGTON DEVELOPMENT, INC. r BY: of John WJMoreland, Jr., President and`Sbcretary CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 3 ,d day of M , A.D. 20__y_, before me, the A, undersigned, a notary public in and r the State of Iowa, 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 its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. F scanti�o SONDRAF_OR7 z° ,,mmis sion Number 159791 M Commission Expires Notary Public in and for the State of Iowa My commission expires: -V��a�u (01040416.DOC) ' ^ �i CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this 2�st day of March, 2011, by John W. Moreland, Jr. as President and Secretary of Arlington Development, Inc. :® CAR ®LINE DENS Notary Public in and far the State of Iowa gCoMmy I�bn N nb Exp1res ow °1 My commission expires: (01040416.DOC) 1 Ahs it �q snoa4n ! z 0 a w �u z 0 IL lL z 0 a �i ui u� Q� `1 Doc ID: 022172340024 Ty, GEN Kind: SUBDIVISION Recorded: $124.002 Pagea :27 PM I of 24 Johnson County Iowa Kim Painter County Recorder SK4749 PG333 -411. 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. 11-154, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3`d day of May, 2011, all as the same appears of record in my office. Also attached are the final legal documents for Maelvnaw Village, Part Three, Iowa City, Iowa as follows: 11 1. Subdivider's Agreement 2. Owner's Certificate & Dedication 3. 15.0' Utility Easement 4. Certificate of Auditor 5. Certificate of Count Treasurer y ,N� I 6. 7. Title Opinion Public Access & Fire Apparatus Easement Agreement 8. Storm Sewer Easement ti 9. Temporary Construction Easement Agreement Dated at Iowa City, Iowa, this 6`h day of May, 2011. v vMarian Imo. Karr City Clerk Ves subdivision RP 011 11 Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5240 (SUB10- 00015) RESOLUTION NO. 11-154 RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF MACKINAW VILLAGE — PART THREE, IOWA CITY, IOWA. WHEREAS, the owner, Craig Haesemeyer, filed with the City Clerk the preliminary and final plat of Mackinaw Village — 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: Outlot "A" of Mackinaw Village - Part Two, in accordance with the Plat thereof Recorded in Plat Book 48, at Page 108, of the Records of the Johnson County Recorder's Office, being a Portion of Government Lot 6 of Section 4, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City Johnson County, Iowa. Said Outlot "A" contains 7.89 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 preliminary and 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 preliminary and final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2009) 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 preliminary and 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. 1-1 Resolution No. _11_154 Page 2 Passed and approved this 3rd day of May , 201,1 MAYOR J / Approved by ATTEST: SG6T���/ /�/�2 t/ q(,/ ,)/6 y: a CITY bEERK City Attorney's Office cl JoIll It was moved by Wright and seconded by Uampion the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright pd/templates/Final Plat- ResWulion.doc.doc 1 Prepared by Timothy l Krumm, Meardon, Sueppel & Downer Y.L.C., 2431 Coral Court, Suite 5, Corahille, TA 52241 (319) 338 -9222 SUBDIVIDER'S AGREEMENT MACKINAW VILLAGE — PART THREE A Resubdivision of Outlot "A" of Maeldnaw Village — Part Two THIS AGREEMENT made by and between Craig Haesemeyer, hereinafter referred to as "Subdivider," and the City of Iowa City, Iowa, a municipal corporation hereinafter referred to as the "City." WITNESSETH WHEREAS, Mackinaw Village — Part Three is a resubdivision of Outlet "A," Mackinaw Village — Part Two; and WHEREAS, the Subdivider and City previously entered into a Subdivider's Agreement for Mackinaw Village — Part Two, dated September 29, 2004, which is recorded at Book 3804, Page 785, and amended on May 31, 2005, which amendment is recorded in Book 3889, Page 591, all in the records of the Johnson County Recorder; and WHEREAS, the Subdivider and the City now desire to release the Subdivider and the real estate from the obligations and requirements imposed in the Subdivider's Agreement, as amended, for Mackinaw Village — Part Two and desire to replace and supersede such obligations and requirements with the following requirements imposed herein. IT IS, THEREFORE, HEREBY AGREED AS FOLLOWS: Section 1. Release. The City hereby releases any lien upon the lots contained in Mackinaw Village — Part Three resulting from the Subdivider's Agreement for Mackinaw Village — Part Two. Section 2. Public Improvements. In consideration of the City approving the Final Plat of Mackinaw Village — 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 (01058247.DOC) 1 building permit on any lots in said subdivision unless and until Subdivider installs and City accepts the following improvements: 18 A. Concrete paving at least 28 feet in width on Algonquin Road and Mission Point B. Water mains and storm sewers as required by the City. C. Subdivision erosion control measures as required by the City under its ordinances. The paving, storm sewers, and water mains 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 Improvements) 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 3 Construction of Improvements. The Improvements described in Section 2 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 his 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 is in compliance with said plans and specifications. Section 4. Sidewalks. Except as provided below, the Subdivider agrees to install sidewalks abutting each of the platted lots adjacent to Algonquin Road and Mission Point Road. Said sidewalks shall be at least four (4) feet in width, except that portion of the sidewalk along Algonquin Road north of Mission Point Road, which shall be at least five (5) feet in width. All sidewalks shall be constructed according to plans and specifications approved by the City Engineer and as per Sections 16 -1C -1, 2 and 3 of the Iowa City Code of Ordinances. Sidewalks shall be installed adjacent to each unit prior to the issuance of an occupancy permit for a home 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. Section 5 Building Permits and Escrow Monies. If the Subdivider should desire a building permit for a building unit on any lot in said Subdivision before the Improvements have been installed, the Subdivider shall deposit with the t01058247.DoC} � 1 Department of Housing and Inspection Services, in escrow, an amount equal to the estimated costs 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 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. An Algonquin Road Improvements Escrow may be established according to Section 6 below. ). City agrees to release the Algonquin Road Improvements Escrow upon certification by the City Engineer, in writing, that the Algonquin Road Improvements have been filly completed to the northerly boundary line of the subdivision and such public improvements are acceptable to the City. Section 6. Occupancy Penrrit. Prior to the issuance of an occupancy permit for any structure erected pursuant to Section 5, the City in its discretion may require the Subdivider, his assigns or successors in interest, to construct and install the Improvements as stated in Section 2. If Subdivider has not installed the paving, water mains and sidewalks within or adjacent to the Algonquin Road right of way (collectively the "Algonquin Road Improvements ") to the northern terminus of Algonquin Road at the time it desires an occupancy permit, the City agrees to provide a release for the subdivision from any liens or clouds of title to the subdivision by reason of such public improvements obligations and an occupancy permit provided the City Engineer certifies that the following conditions and /or events have occurred: (a) The Improvements and Algonquin Road Improvements have been installed according to the plans and specifications approved by the City Engineer, t01058247.DOC} n � 1 particularly those plans indicating the temporary terminus for the paving and watermain, and such public improvements are acceptable to the City. (b) The Subdivider pays the City the sum of $17,091.34 to contribute toward the cost of Algonquin Road Improvements. Section 7. 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 said improvements. Section 8. Waiver. If the Subdivider, his 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 hnprovements 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 9. 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 4. Section 10. Street Maintenance and Public Services. The Subdivider agrees that the public services, including but not limited to street maintenance, snow removal, and solid waste collection, will not be extended to the Subdivision until Algonquin Road and Mission Point Road are installed and accepted by the City. (01058247.DOC} Section 11. Miscellaneous. A. All electrical, telephone and cable television service and distribution lines shall be installed underground. B. Prior to the issuance of any building permits for any building unit on any lot in said subdivision, Subdivider shall pay to City a water main tap -on fee in the amount of $3,116.55 ($395 per acre for 7.89 acres). C. Storm water detention shall not be required for this Subdivision. D. The dedication of neighborhood open space shall not be required for this subdivision. E. This subdivision is subject to any easements of record. In particular, the rights and obligations in the watermain and communication easement recorded at Book 2863, Page 119, in the records of the Johnson County Recorder, affecting Lots 71, 78 and 79 will be strictly enforced by the City. F. Lots 76, 77, 79 and 80 shall have minimum low opening elevations as noted on the final plat. The minimum low openings for Lots 79 and 80 shall apply to the frontage along Mission Point Road only. Section 12. 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 306(day of May, 2011. Craig aes meyer CITY OF IOWA CITY By: i� Matthew J. Haye , Mayor {01058247.DOC} 1 ATTEST: By: K:?—1 / • vll/ Maiian-K. Karr, City Clerk STATE OF IOWA ) ss. COUNTY OF JOHNSON ) This instrument was acknowledged before me on this 314 day of l )"j 2011 by Craig Haesemeyer. Notary Public in and for said State . tESNNE M. scHwnRrwc Commission Number 224 RT18NG STATE OF IOWA ) ow My Com sslon Expires /! ss. COUNTY OF JOHNSON ) On this 6 day of MA 2011, before me, the undersigned, a Notary Public in and for said Coun and State, personally appeared Matthew J. Hayek and Marian K. Katy, 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, as contained in Resolution No. iL�� —zi passed by Resolution of the City Council under Roll Call No. of the City Council on the 3 r� day of 2011; and the said Mayor and City Clerk did acknowledge the executiot of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. WSONDRAEEOCommission Number 159791 My Commission Expires 2 7 J04/ - S""0 1'a-'-v Notary Public in and for said State (01058247.DOC) 1 Prepared by Timothy J. Krumm, Dleardon, Sueppel & Downer P.L.C., 2431 Coral Court, Suite 5, Corahille, 1A 52241 (319) 338 -9222 OWNER'S CERTIFICATE AND DEDICATION Craig Haesemeyer hereby certifies that he is the owner of the following described real estate situated in Iowa City, Johnson County, Iowa: Outlot "A" of Mackinaw Village - Part Two, in accordance with the Plat thereof Recorded in Plat Book 48, at Page 108, of the Records of the Jolulson County Recorder's Office, being a Portion of Government Lot 6 of Section 4, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa. Said Outlot "A" contains 7.89 Acres, and is subject to easements and restrictions of record. The Subdivision of said real estate as it appears on the Final Plat of Mackinaw Village - Part Three, Iowa City, Johnson County, Iowa, is with the free consent and in accordance with the desire of Craig Haesemeyer. The streets and easements in the subdivision are hereby dedicated to the public, as provided by Chapter 354 of the 2011 Code of Iowa, as amended. -th . Effective as of the day of �— 2011. Craig Haes• yer STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 15`' day of Apet — 2011, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Craig Haesemeyer, to me personally" known, who, being by me duly sworn, did say that he acknowledged the execution of the instrument to be his voluntary act and deed, by him voluntarily executed. nwTlly J. KKUemr, nlv'CUmuGss'wn E�cpire 76 Notary Public in and for the State of Iowa \1 Prepared by Timothy J. Krumm, \leardon, Sueppel & Downer P.L.C., 2431 Corral Court, Suite 5, Coralville, IA 52241 (319) 338 -9222 15.0' UTILITY EASEMENT MACKINAW VILLAGE — PART THREE A Resubdivision of Outlot "A" of Mackinaw Village — Part Two In consideration of the approval of the Final Plat of Mackinaw Village — Part Three, Iowa City, Iowa, the undersigned owner hereby grants to MidAmerican Energy, Qwest Communications International, Inc, and Mediacom, and their successors, a perpetual easement upon over, under, along and across the area designated on the Final Plat of Mackinaw Village — Part Three 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 Grantees' fall 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 utility easement but, with advance written authorization from the Grantees' representatives, the same may be used for gardens, shrubs, minor landscaping and other proposes that do not then or later interfere with the aforesaid uses or the rights herein granted. 11 / K Dated this 6 day of 2011. 1 Craig Haesemeyer_ STATE OF IOWA ) ) ss. COUNTY OF JOHNSON ) This instrument was acknowledged before me on this 1'7 day of A�RfL 2011 by Craig Haesemeyer. Arawi TIMOTHY J. M co , Commisson Numbe110 r 1A ?.378 r� VY my Comn'�Is. a Expires Notary Public in and for said State 2 1� Prepared by Timothy I Krumm, ateardon, Sueppel & Darner P.L.C., 2431 Coral Court, Suite 5, Coralville, IA 52241 (319) 338 -9222 CERTIFICATE OF COUNTY AUDITOR MACHINAW VILLAGE - PART THREE A Resubdivision of Outlot "A" of Mackinaw Village - Part Two IOWA CITY, JOHNSON COUNTY, IOWA I, Tom Slockett, the Johnson County Auditor, hereby approve of Mackinaw Village - Part Three, Iowa City, Johnson County, Iowa, as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: Outlot "A" of Mackinaw Village - Part Two, in accordance with the Plat thereof Recorded in Plat Book 48, at Page 108, of the Records of the Johnson County Recorders Office, being a Portion of Government Lot 6 of Section 4, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa. Said Outlot "A" contains 7.89 Acres, and is subject to easements and restrictions of record, a om Slo 6Cett, Johnso Coulit .Auditor ��� Y Date 0 Prepared by Ttn othy J. Krnmm, Dlenrdon, Sueppei & Downer P.L.C., 2431 Coral Court, Suite 5, Coralville, 1A 52241 (319) 338 -9222 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 as shown on the Final Plat for the subdivision known and designated as Mackinaw Village - Part Three is free from taxes for fiscal year 2010 -11 (payable in 2011 -2012) and all prior years: Outlot "A" of Mackinaw Village - Part Two, in accordance with the Plat thereof Recorded in Plat Book 48, at Page 108, of the Records of the Johnson County Recorder's Office, being a Portion of Government Lot 6 of Section 4, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa. Said Outlot "A" contains 7.89 Acres, and is subject to easements and restrictions of record. Dated at Iowa City, Iowa, this 1 day of ropn «' 2011. Thomas Kriz County Treasurer, Johnson County, Iowa r�6nNry u�ntc- / vo ooi 0 Prepared by Timothy J. ICrunim, Meardon, Sueppel & Downer Y.L.C., 2431 Coral Court, Suite 5, Coralville, TA 52241 (319) 338 -9222 TITLE OPINION I, TIMOTHY J. KRUMM, a regular practicing attorney in Coralville, Johnson County, Iowa, do hereby state that I have examined the Abstract of Title to the following described real estate situated in Johnson County, Iowa: Outlot "A" of Mackinaw Village - Part Two, in accordance with the Plat thereof Recorded in Plat Book 48, at Page 108, of the Records of the Johnson County Recorder's Office, being a Portion of Government Lot 6 of Section 4, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa. Said Outlot "A" contains 7.89 Acres, and is subject to easements and restrictions of record. I hereby certify that as of the date set forth below, title to the above - described property is in Craig Haesemeyer and is free from encumbrances. DATED at Coralville, Iowa, this W"- day of ADr 1- 2011. TIMOTHY J. KRUMM Meardon, Sueppel & Downer P.L.C. 2431 Coral Court, Suite 5 Coralville, Iowa 52241 0 Prepared by Timothy J. Krunm, Meardon, Sueppel & Downer P.L.C., 2431 Coral Court, Suite 5, Corahille, IA 52241 (319) 338 -9222 PUBLIC ACCESS AND FIRE APPARATUS EASEMENT AGREEMENT MACKINAW VILLAGE — PART THREE A Resubdivision of Outlot "A" of Mackinaw Village — Part Two THIS AGREEMENT, made and entered into by and between Craig Haesemeyer ( "Owner "), including his 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: I . 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 two -way traffic over and across the areas designated as "Access Easement," as shown on the Final Plat of Mackinaw — Part Three, hereafter described as "easement area." 2. The Owner agrees that he will keep the easement area open to allow the free flow of vehicular traffic over the easement area without obstruction. 3. The Owner agrees that he or his successors and assigns, as a covenant running with the land, shall at his expense keep the easement area in good condition and shall repair and maintain the same as may be appropriate for the purposes for which these easements have been granted. The responsibility for maintenance will include, but is not limited to, keeping the easement area as free as possible of snow, ice, dirt and debris. 4. Notwithstanding the foregoing, the Owner, and his successors and assigns, may form a nonprofit corporation to be an Owner's Association (Association) through which the maintenance obligations contained herein may be fulfilled. Provided further that the Owner, or his successors and assigns, may convey any portion of the real estate over which the easements run within the Subdivision to the Association, which conveyance will be subject to this Agreement as a covenant running with the land. 5. Owner does hereby covenant with the City that lie 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 \1 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. This Easement includes the following: a. City service vehicles are granted a means of ingress, egress, and passage over the access easement area. 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 easement area in violation of the parking laws of the City and the 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 the easement and agreement of record as his sole obligation to notify all persons who may improperly park on said easement/access areas. C. City's fire department is granted an easement with the right of access over and across the easement area. 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. 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. Dated this day of 2011. Craig Haesemey , Owner CITY OF IOWA CITY, IOWA By ` �n Matthew J. Hayek, Major 2 ATTEST: By r Mari n K. Karr, City Clerk STATE OF IOWA ) ) ss. COUNTY OF JOHNSON ) This instrument was acknowledged before me on this �S day of APeIL- 2011 by Craig Haesemeyer. au e, ornmOTI NU�1 RS INN W / 1C h1v Gon'If �ssion EzPitzs ��/�,...� 1 %� ✓^J'__ Notary Public in and for said State STATE OF IOWA ) ) ss. COUNTY OF JOHNSON ) On this (, 4), day of �Nk: , 2011, before me, the undersigned, a Notary Public in and for said County d 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, as contained in Resolution No. passed by Resolution of the City Council under Roll Call No, of the City Council on the 3 d– day of +— - 2011; and the said Mayor and City Clerk did acknowledge the execution o e instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. UVA 6ONUP.AE FOR7 y Commissbn Ezpi es91 I` y Cc Notary Public in and for said State \A Prepared by Timothy l Krumm, Dleardon, Sueppel & Downer P.L.C., 2431 Coral Court, Suite 5, Coralville, IA 52241(319) 338 -9222 STORM SEWER EASEMENT MACKINAW VILLAGE — PART THREE A Resubdivision of Outlot "A" of Mackinaw Village — Part Two THIS AGREEMENT, made and entered into by and between Craig Haesemeyer ( "Owner "), including his 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: excavating for and the installation, replacement, maintenance and use of such storm water lines, pipes, mains, conduits and 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 "60' Access and Storm Sewer Easement," as shown on the Final Plat of Mackinaw Village — Part Three, 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 area for the full width thereof, 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. 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 put-poses 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 area, 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 lie is lawfully seized and possessed of the real estate above described, and that he 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. J�- Dated this �5 day of 2011. ATTEST: By A .z- arian K. Karr, City Clerk _0 L 9- -- Craig Haesen e er, Owner CITY OF IOWA CITY, IOWA By /71�- 1 - Matthew J. Hayek, Mayor 2 1 STATE OF IOWA ) ) ss. COUNTY OF JOHNSON ) This instrument was acknowledged before me on this 1 51'" day of �L 2011 by Craig Haesemeyer. iblic in and STATE OF IOWA ) ) ss. COUNTY OF JOHNSON ) 7-- said State On this 6 1� day of MA 2011, before me, the undersigned, a Notary Public in and for said County Ad 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, as contained in Resolution No. //-/51L passed by Resolution of the City Council under Roll Call No. of the City Council on the 3 "' day of MA 2011; and the said Mayor and City Clerk did acknowledge the execution of t e instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. a H,"Y"", AE F0F27 n Numbsf 159191 Commission Expires roa�_�/ a� a Notary Public in and for said State Prepared by and after recording return to: Michael J. Pugh One South Gilbert Street (319) 358 -5562 Bradley & Riley, PC Iowa City, IA 52240 FAX (319) 358 -5560 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS AGREEMENT, made and Haesemeyer, hereinafter "OWNER," and corporation, hereinafter "CITY." entered into by and between Craig the City of Iowa City, Iowa, a municipal In consideration of their mutual promises herein, OWNER and CITY agree as follows: 1. OWNER states and covenants that he is the owner of Mackinaw Village — Part Three, Iowa City, Iowa, according to the recorded plat thereof, and that he has good and lawful right to convey this easement. 2. OWNER does hereby grant and convey to the CITY a temporary construction easement in, over and across that portion of OWNER'S property described as "Temporary Grading Easement" as shown on the Final Plat of Mackinaw Village — Part Three, Iowa City, Iowa, (hereafter "Temporary Easement Area ") for the purpose of facilitating CITY's construction of Algonquin Road, a water main extension and sidewalks ( "public improvement ") which grant to CITY shall include necessary grading, excavation, piling of dirt, regrading, restoration, storage of materials and equipment, and ingress and egress of persons and equipment to the Temporary Easement Area, as needed to complete said public improvement. 3. The term of this Temporary Construction Easement will be for the period of time required by the CITY to finalize and complete the construction of the public improvements described herein at which time said easement shall automatically expire and terminate. 4. With respect to the Temporary Construction Easement, OWNER grants the following rights: 101057057ooC) A. CITY shall have the right to make excavations within the Temporary Easement Area, and to grade as CITY may find reasonably necessary for the construction. The CITY covenants and agrees to protect such excavations during construction; to promptly fill said excavations following construction; and to be liable for and hold OWNER harmless from third party liability during said construction. B. CITY shall promptly backfill any trench made by it, and repair any damages caused by the CITY within the Temporary Easement Area. The 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 herein. Once the Temporary Easement Area has been restored to substantially its prior condition and except as expressly provided in this Temporary Easement Agreement, CITY shall have no further responsibility for maintaining the Temporary Easement Area. C. CITY shall have the right of ingress and egress to and from the Temporary Easement Area by such route within the Temporary Easement Area as shall occasion the least practical damage and inconvenience to OWNER. D. CITY shall have the right to trim or remove all trees and brush which may interfere with the exercise of the CITY's rights pursuant to this Temporary Easement Agreement. 5. CITY covenants and agrees that existing driveways, fences, underground drainage tile 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 construction. CITY further agrees that all grassed areas disturbed by the construction shall be seeded within a reasonable time after construction is complete. 6. 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 improvements, all area within the Temporary Easement Area which is 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. 7. 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 land and with the title to the land, and shall be recorded in the Johnson County Recorder's Office, at OWNER expense. Dated this V1 day of yl 2011. Craig Haesemeye {01057057.Doc }2 ^ CITY OF IOWA CITY By: n Matthew J. Hayek, Mayor ATTEST: By _ / / /�t %mot Mahan K. Karr, City Clerk STATE OF IOWA ) ss. COUNTY OF JOHNSON ) This instrument was acknowledged before me on this } °Q day of 2011 by Craig Haesemeyer. Notary Public in and for said State rLF:ANNE h1. SCHWS NG STATE OF IOWA ) '4 �COmrnission Number 224873 My Comn))ission Expires )ss. COUNTY OF JOHNSON ) On this b day of mAt , 2011, before me, the undersigned, a Notary Public in and for said County find 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, as contained in Resolution No. /I-y5 passed by Resolution of the City Council under Roll Call No. of the City Council on the .3 Id day of Mau , 2011; 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. ,yg�"�, SONDRAE FORT i Commission Number 159791 r- ow Mycommisssio Expires Notary Public in and for said State I01057057.Dog3 A Vee IIIIIIIIIIIIIIIIIIIII )IIIIIIIIIIIIIIIIIII IIIIII 'IIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 022182910003 Type: GEN Kind: ORDINANCE Fea Amt: $19.00 /Pace it of 2344:24 PM Johnson Countv Iowa Kim Painter County Recorder BK4753 PG698 -700 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. 11-4427 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17 °i day of May, 2011, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 19 °i day of May, 2011. Marian Karr City Clerk \ord CORPOI /-fl- SEAL 410 EAST WASHINGTON STREET e IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 s FAX (319) 356 -5009 �q r757 Prepared by: Tabatha Ries - Miller, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 ORDINANCE NO. 11-442 AN ORDINANCE APPROVING AN AMENDED PLANNED DEVELOPMENT OVERLAY (OPD -5) PLAN FOR VILLAGE GREEN PART XX, LOT 50 (WELLINGTON CONDOMINIUMS), IOWA CITY, IOWA (REZ11- 00007) WHEREAS, the Applicant, Stanley & Douglas, L.L.C. is the legal title holder of Village Green Part XX, Lot 50, Iowa City, Iowa; and WHEREAS, the OPD -5 Plan and final plat for Village Green Part XX was approved in December 2001 by Ordinance No. 01 -3989, with all units allowed to have two -car garages; and WHEREAS, the OPD -5 Plan was amended in January 2005 by Ordinance No. 05 -4148 to allow, three - car garages on seven (7) of the 19 proposed dwelling units; and WHEREAS, the Applicant, has requested an amendment to the OPD -5 Plan to allow three -car garages on four (4) additional dwelling units; and WHEREAS, the OPD -5 zoning is intended to permit flexibility in the use and design of structures and land in situations where a conventional development may be inappropriate; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed OPD -5 Plan Amendment and has recommended approval; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Planned Development Overlay (OPD -5) Plan of the property legally described as Lot 50, Village Green Part XX, Iowa City, Iowa is hereby amended. SECTION 11. VARIATIONS. To allow the development of 19 dwelling units on 7.0 acres clustered around a pond, the Village Green Part XX OPD -5 Plan varies from the RS -5 dimensional requirements. These variations include allowing multiple dwelling units to be located on one lot; two to three dwelling units are attached in one structure; and some dwelling units are accessed from a 22 -foot wide private street. SECTION III. 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 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 City'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 17 thday of cV e� MAYOR Approved by cv City Attorney's Office 2011. ATTEST: /� "FLU CITY LERK vORPORATE SEAL Ordinance No. 1]-4422 Page 2 It was moved by Wilburn and seconded by wri ght that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x_ Wilburn x® Wright First Consideration 5/3/2011 Vote for passage: AYES: Wright, Bailey, Champion, Dickens, Hayek, Mims, Wilburn. NAYS: None. ABSENT: None. Second Consideration --------------- -- --- Vote for passage: Date published 5/25/2011 Moved by Wilburn, 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: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens. NAYS: None. ABSENT: None. Doc ID: 022182930007 Type. OEN Kind: ORDINANCE Recorded: $39.00 /Pace Ito037 8:31 PM Johnson Countv Iowa Kim Painter County Recorder BK4753 PG7 02 -703 STATE OF IOWA ) ) SS JOHNSON COUNTY ) r , Ut of lim I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a hue and correct copy of Ordinance No. 11-4428 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17`x' day of May, 2011, is a tale and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 19`x' day of May, 2011. 4& � Marian K. Karr City Clerk \ord CORPORATE SEAL 410 EAST WASHINGTON STREET a IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 e FAX (319) 356 -5009 0 Prepared by: Lorin Ditzler, POD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5234 ORDINANCE NO. 11-4428 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 12.72 ACRES OF LAND LOCATED AT MORMON TREK BOULEVARD AND DANE ROAD FROM COUNTY AGRICULTURAL (A) TO INTENSIVE COMMERCIAL (CI-1). (REZ 11- 00004) WHEREAS, ILJ Investments, Inc. is the owner and legal titleholder of approximately 9.71 acres of land located at Mormon Trek Boulevard and Dane Road, Johnson County, Iowa; and WHEREAS, ILJ Investments, Inc. has requested annexation and rezoning of the approximate 9.71 acre tract into the City of Iowa City, Iowa; and WHEREAS, the City of Iowa City owns the adjacent 3.01 acre Right of Way of Mormon Trek Boulevard to the south and wishes to annex and rezone said right -of -way; and WHEREAS, the Comprehensive Plan indicates that the property is appropriate for intensive commercial development; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies 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 adjacent property to the north is residential and should be shielded from commercial uses with increased buffering and lighting standards; and WHEREAS, Owner has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement 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. The property described below is hereby reclassified from its current zoning designation of County Agricultural (A) to Intensive Commercial (CI -1): Outlet A, Meadowlark Hill Second Subdivision to Johnson County, Iowa, according to the recorded plat thereof, recorded in plat book 55 at page 132 in the records of the Johnson County Recorder's office, and all of the adjacent Right of Way of Mormon Trek Boulevard to the south of said Outlet A, containing 12.72 acres. SECTION II. 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 III. 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 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 associated conditional zoning agreement and record the same in the Office of the County Recorder, Johnson County, Iowa, at ILJ Investment, Inc.'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. q Ordinance No. _L 4478 Page 2 of 2 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 1 7thdayof MAYOR A/p roved b$y( �Q�G1 /�f�� 6111(0711, L� r��Khe /1 City Attorneys Office 4 0 I ( ( 2011 ATTEST: CITY CLERK �q Ordinance No. 11 -4428 Page --I - it was moved by trims and seconded by Bailey that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey x Champion x Dickens x Hayek x Mims Wilburn x Wright First Consideration _ 4/5/2011 Vote for passage: AYES: Dickens, Hayek, Mims, Wilburn, Bailey. NAYS: Champion, Wright. ABSENT: None. Second Consideration 4/19/2011 Vote for passage: AYES: Wilburn, Bailey, Dickens, Hayek, Mims. NAYS: Wright, Champion. ABSENT: None. Date published_ 5/25/2011 \a Prepared by: Lorin Ditzler, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5234 (REZ11- 00004) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and ILJ Investments, Inc. (hereinafter "Owner "). WHEREAS, Owner is the legal title holder of approximately 9.71 acres of property located at the northeast corner of the intersection of Mormon Trek Boulevard and Dane Road; and WHEREAS, the Owner has requested the rezoning of said property from County Agricultural (A) to Intensive Commercial zone (CI -1); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding buffering and lighting, 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 neighborhood compatibility; 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. ILJ Investments, Inc. is the legal title holder of approximately 9.71 acres of land located at Mormon Trek Boulevard and Dane Road, Johnson County, Iowa, formally described as: Outlot A, Meadowlark Hill Second Subdivision to Johnson County, Iowa, according to the recorded plat thereof, recorded in plat book 55 at page 132 in the records of the Johnson County recorder's office, containing 9.71 acres. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and South 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 change. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: ppdadMa9Vrevised cza rezi"0004.doc 1 \0\ a. A 20 foot wide landscape buffer, meeting a minimum of S3 screening standards, as set forth in the Iowa City Code of Ordinances, will be installed along the north property line. b. Outdoor lighting may not be mounted higher than 30 feet. 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. 6. 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 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. 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 17thday of CITY OF IOWA CITY Matthew Hayek, ayor ` Attest: Mari4n K. Karr, City Clerk Approved by-,- /Vy�Attorney's Office sho/j/ 2011. �- By. -Ptl e 5 JIQ A E CORPORATE SEAL ppdadnUagVrevised ua rezl 140004.do 2 \�\ CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on MA. 17 , 2011 by Matthew J. Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City, 2 Notary Public in and for the State of Iowa (Stamp or Seal tfim ONDRAE FORT ( p ) ission Number 159791 MY commission Aires Title (and Rank) 'QOTA2y«� H(3LfC- CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on SIC rcA 25 , 2011 by /i�arK E Sck)eic %r as Inc. —Pry"'-) cle 7'C -� of ILJ Investments, Notary Public in and for said County and State (Stamp or Seal) Title (and Rank) I <ELLIE K TUTTLE Commission number 221819 ➢ M C y mi �i n Ex ire, ppdadm /agY,evised cz. r.zl"0004.do 3 t� Doc ID: 022184660036 Type: OEN Kind: SUBDIVISION Recorded: 05/23/2011 at 02:19:16 PM Fee Amt: $184.00 Page 1 of 36 Johnson County Iowa Kim Painter County Recorder rein STATE OF IOWA ) )SS JOHNSON COUNTY ) Se. PIPA- Qk s5 Pc, 3 -1e 11 1 CITY OF IOWA CITY 410 East Washington Street tosea City, Iowa 52240 -1826 (3 19) 356 -5000 (319) 356 -5009 FAX „mw.kgos.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. 11-177, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17 °i day of May, 2011, all as the same appears of record in my office. Also attached are the final legal documents for Windsor Ridge Part 22, Iowa City, Iowa as follows: 1. Owner's Certificate & Dedication 2. Certificate of County Treasurer 3. Certificate of Auditor 4. Opinion of Attorney 5. Consent of Mortgagee (MidWestOne Bank) 6. Consent of Mortgagee (Arlington, L.C.) 7. Public Access & Fire Apparatus Easement Agreement 8. Water Main Easement Agreement 9. Sanitary Sewer Easement Agreement 10. Subdivider's Agreement 11. Underground Utility Easement 12. Temporary Construction Easement Agreement Dated at Iowa City, Iowa, this 20'h day of May, 2011. Marian K. Karr City Clerk \res subdivision CORPORATE. V I Prepared by: Christina Kuecker, Assoc. Planner, 410 E. Washington St, Iowa City, IA; 319 - 356 -5243 (SUB11- 00004) RESOLUTION NO. 11 -177 RESOLUTION APPROVING FINAL PLAT OF WINDSOR RIDGE PART TWENTY -TWO, IOWA CITY, IOWA. WHEREAS, the owner, Arlington Development, Inc, filed with the City Clerk the final plat of Windsor Ridge Part Twenty -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: Lot 257 of Windsor Ridge - Part Fourteen, Iowa City, Johnson County, Iowa. 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 easements as provided by law and specifically sets aside portions of the dedicated land, 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. Passed and approved this 17th day of May , 2011• MAYO 5 4l TO Resolution No. 11 -177 Page 2 ATTEST: /l W--& �t1,2 .) CITY-CLERK Approved by Gt Al City Attorney's Office It was moved by Wright and seconded by trims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright M Prepared by: Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511 Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 WINDSOR RIDGE — PART TWENTY -TWO A Resubdivision of Lot 257, Windsor Ridge — Part Fourteen 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: Lot 257, Windsor Ridge — Part Fourteen, Iowa City, Iowa, in accordance with the plat thereof recorded in Plat Book 41, at Page 57, of the Records of the Johnson County Recorder's Office, containing 5.51 acres and subject to easements and restrictions of records. Arlington Development, Inc., does further state that the subdivision of said real estate as it appears on the Final Plat of Windsor Ridge — Part Twenty -Two, A Resubdivision of Lot 257, Windsor Ridge — Part Fourteen to which this certification and dedication is attached, is with its free consent and in accordance with the desire of said proprietor. The easements in the subdivision, hereinafter known and designated as Windsor Ridge — Part Twenty -Two, A Resubdivision of Lot 257, Windsor Ridge — Part Fourteen, Iowa City, Iowa, are hereby dedicated to the public, as provided by Chapter 354 of the 2011 Code of Iowa, as amended. (01020963.DOC) n Q IN WITNESS WHEREOF, the proprietors have caused these presents to be signed on this l�o day of /i9c� '2011. ARLINGTON DEVELOPMENT, INC. By: - . ,, a Joh . Moreland, Jr., Pre ident and Secretary CITY OF IOWA CITY, IOWA By: _ S Matthew J. R % Mayor By: Marian K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON) ss This instrument was acknowledged before me on this /(� day of MA-7 , 2011 by John W. Moreland, Jr. as President and Secretary, of Arlington Development, Inc. s op MICIiAELJ. PUGW $ zr T. Commission Number 775282 ow Niy JCom 26 F.>pires Notary Public n anq f r said State STATE OF IOWA, COUNTY OF JOHNSON) ss: On this / 7 -Pl- day of ✓YLOL ca_ ---- , 2011, 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, as contained in Resolution passed by the City Council on the day of rYLCLe — 2011; 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. al ff101i slon Numpber 2 CO 21018 �`Iy C��� /" t Aires Notary Public in and for said State (01020963.DOC) ^ n WINDSOR RIDGE — PART TWENTY -TWO A Resubdivision of Lot 257, Windsor Ridge — Part Fourteen I, the undersigned, Treasurer of Johnson County, Iowa or deputy thereof, hereby certify that the following described property, also known as Windsor Ridge — Part Twenty -Two, A Resubdivision of Lot 257, Windsor Ridge — Part Fourteen, is free from taxes or special assessments in the office of the Treasurer of Johnson County, Iowa: Lot 257, Windsor Ridge — Part Fourteen, Iowa City, Iowa, in accordance with the plat thereof recorded in Plat Book 41, at Page 57, of the Records of the Johnson County Recorder's Office, containing 5.51 acres and subject to easements and restrictions of records. Dated at Iowa City, Iowa this cwNb day of Apntc , 2011. � eiv� Thomas L. Kriz, Treasurer ofd Johnson County, Iowa Parcel No. 0918113001 (01020953.Doc) In CERTIFICATE OF COUNTY AUDITOR WINDSOR RIDGE — PART TWENTY -TWO A Resubdivision of Lot 257, Windsor Ridge — Part Fourteen I, Tom Slockett, the Johnson County Auditor, hereby approve of Windsor Ridge — Part Twenty -Two, A Resubdivision of Lot 257, Windsor Ridge — Part Fourteen, Iowa City, Iowa" as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: Lot 257, Windsor Ridge — Part Fourteen, Iowa City, Iowa, in accordance with the plat thereof recorded in Plat Book 41, at Page 57, of the Records of the Johnson County Recorder's Office, containing 5.51 acres and subject to easements and restrictions of records. Yom Slockett, Johnsunty Auditor /11�� Date (01020960.DOC) 1 n OPINION OF ATTORNEY WINDSOR RIDGE — PART TWENTY -TWO A Resubdivision of Lot 257, Windsor Ridge — Part Fourteen 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: Lot 257, Windsor Ridge — Part Fourteen, Iowa City, Iowa, in accordance with the plat thereof recorded in Plat Book 41, at Page 57, of the Records of the Johnson County Recorder's Office, containing 5.51 acres and subject to easements and restrictions of records. It is hereby certified that fee simple title to said property, to become known as Windsor Ridge — Part Twenty -Two, A Resubdivision of Lot 257, Windsor Ridge — Part Fourteen is in Arlington Development, Inc., free and clear of all liens and encumbrances, except the following: A. A mortgage given to MidWestOne Bank, dated November 7, 2008, and recorded November 17, 2008, in Book 4366, at Page 128 of the Mortgage Records of the Recorder of Johnson County, Iowa. B. A mortgage given to Arlington, L.C., dated December 8, 2004, and recorded December 10, 2004, in Book 3824, at Page 159 of the Mortgage Records of the Recorder of Johnson County, Iowa. Dated at Iowa City, Iowa, this aq day of e *r7 1 , 2011. i Michael J. Pugh Bradley & Riley PC Tower Place One South Gilbert Street Iowa City, IA 52240 (01020879.DOC) WINDSOR . ♦ ti ! i, 1 . TWENTY-TWO 1 ' � i 2pv � ' z .._ The undersigned, MidWestOne Bank, is the Mortgagee of the Mortgage from the following: Arlington Development, Inc., dated the 7th day of November, 2008, and recorded the 17th day of November, 2008, in Book 4366, at Page 128 of the Mortgage Records of the Recorder of Johnson County, Iowa. Said Mortgage encumbers that property to be designated as Windsor Ridge — Part Twenty -Two, A Resubdivision of Lot 257, Windsor Ridge — Part Fourteen, 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 Arlington Development, Inc. and does hereby release from said mortgage all streets, easements, outlets or other areas to be conveyed or dedicated to the City of Iowa City, Iowa. Dated this day of 9n1 7 ,fig @9318 &8 ®A, tai ° o (aii! i7''t i ATE WAI- ✓� ✓II�i4 tyP STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this: : day of _, 2011 by *,4 1 .JeWt_ and r y�-1 r�. as and ;cc, Pc� ';devL1 of MidWestOne kank. (01020896.DOC) "iktj - 1Li 41 Nota ,Pbbhb iribnd for the State of Iowa tl1UY V ©Rl8PH05 S hp` � NUA18i 707095 Q nil F�..On7htlSolOP1 I V EXHIBIT "A" WINDSOR PART TWENTY-TWO Lot 257, Windsor Ridge — Part Fourteen, Iowa City, Iowa, in accordance with the plat thereof recorded in Plat Book 41, at Page 57, of the Records of the Johnson County Recorder's Office, containing 5.51 acres and subject to easements and restrictions of records. (01020896.1)oC) 0 WINDSOR RIDGE — PART TWENTY -TWO A Resubdivision of Lot 257, Windsor Ridge — Part Fourteen The undersigned, Arlington, L.C. is the Mortgagee of a Mortgage from the following: Arlington Development, Inc., dated the 8th day of December, 2004, and recorded the 10th day of December, 2004, in Book 3824, at Page 159 of the Mortgage Records of the Recorder of Johnson County, Iowa. Said Mortgage encumbers that property to be designated as Windsor Ridge — Part Twenty -Two, A Resubdivision of Lot 257, Windsor Ridge — Part Fourteen, 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 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 /4' day of _ A4 T 12011. ARLINGTON, L.C. By: J n W. Moreland, Jr., Manag STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this #1 day of A/4_ 2011 by John W. Moreland, Jr., Manager of Arlington, L.C. �o a MICHAEL J.PUGH �,. Commission Number 775262 MYCommisslon EIrss oNP July 26, 2072 {01020922.DOC) Notary Public in and fofjhe State of Iowa WINDSOR RIDGE — PART TWENTY -TWO A Resubdivision of Lot 257, Windsor Ridge — Part Fourteen Lot 257, Windsor Ridge — Part Fourteen, Iowa City, Iowa, in accordance with the plat thereof recorded in Plat Book 41, at Page 57, of the Records of the Johnson County Recorder's Office, containing 5.51 acres and subject to easements and restrictions of records. (01020922.DoC) ON Prepared by: Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511 Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 PARTIAL RELEASE OF EXISTING PUBLIC ACCESS AND FIRE APPARATUS EASEMENT AGREEMENT WINDSOR RIDGE — PART TWENTY -TWO A Resubdivision of Lot 257, Windsor Ridge — Part Fourteen 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: 1. 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 purpose of two -way traffic over and across the areas designated as "25.0' Public Access Easement ", as shown on the Final Plat of Windsor Ridge — Part Twenty -Two, A Resubdivision of Lot 257, Windsor Ridge — Part Fourteen, hereafter described as "easement area ". 2. The Subdivider agrees that it will keep the easement area open to allow the free flow of vehicular traffic over the easement area without obstruction. 3. The Subdivider agrees that it or its successors and assigns, as a covenant running with the land, shall at its expense keep the easement area in good condition and shall repair and maintain the same as may be appropriate for the purposes for which these easements have been granted. The responsibility for maintenance will (01020967.DOC) include, but is not limited to, keeping the easement area as free as possible of snow, ice, dirt and debris. 4. Notwithstanding the foregoing, the Subdivider, and its successors and assigns, may form a nonprofit corporation to be an Owner's Association (Association) through which its maintenance obligations contained herein may be fulfilled. Provided further that the Subdivider, or its successors and assigns, may convey any portion of the real estate over which the easements run within the Subdivision to the Association, which conveyance will be subject to this Agreement as a covenant running with the land. 5. 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. 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 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. 7. This Easement includes the following a. City service vehicles are granted a means of ingress, egress, and passage over the access easement area. 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 easement area in violation of the parking laws of the City and the 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. Subdivider shall place the easement and agreement of record as its sole obligation to notify all persons who may improperly park on said easement/access areas. C. City's fire department is granted an easement with the right of access over and across the easement area. 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. 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. (01020967.DOC) V 9. The existing 25 foot Public Access and Fire Apparatus Easement Agreement, entered into in connection with the final platting of Windsor Ridge - Part Fourteen, and recorded in Book 2886, at Page 309, is hereby released and terminated with respect to Lot 2 only. Dated this / h day of Gil e�'"l 12011 ARLINGTON DEVELOPMENT, INC. CITY OF IOWA CITY, IOWA Jo W. Moreland, Jr., Matthew J. Ha c, mayor Pr ident and Secretary -}� By: '/EQ1"91i1Z--ao -"J -k Marian K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me on this day of � hi --ui , 2011 by John W. Moreland, Jr., as President and Secretary, of On this 17-01 day of nq- -cz� , 2011, 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, as contained in Resolution No. // -/77 passed the City Council on the 1'7-f-k day of 2011; 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. `��, is KELLIE IC TUTTLE or ` � Commission ldumber ?21879 jfj V rry Co mis on `Expires {01020967.DOC} Notary Public in and for said State V- Prepared by: Michael J. Pugh One South Gilbert Street (319) 466 -1511 Bradley & Riley PC Iowa City, IA 52240 Fax: (319) 358 -5560 WATER MAIN EASEMENT AGREEMENT WINDSOR RIDGE — PART TWENTY -TWO A Resubdivision of Lot 257, Windsor Ridge — Part Fourteen THIS AGREEMENT made by and between Arlington Development, Inc., hereinafter called (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 "Water Main Easement' on the Final Plat of Windsor Ridge - Part Twenty -Two, A Resubdivision of Lot 257, Windsor Ridge — Part Fourteen, Iowa City, Iowa, hereafter described as "easement areas." 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. (01021814.DOC} V - 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. 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 areas 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, 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 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 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 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 1� 2011. CI►� 790 ARLINGTON DEVELOPMENT, INC. B '---k 4JoW W . . Moreland, Jr., President d Secretary {01021814.DOC} 91 - 3 - CITY OF IOWA CITY, IOWA By: Matth w J. Hay6l , ayor ATTEST: By: Ma 'an K. Karr, City Clerk STATE OF IOWA ss: COUNTY OF JOHNSON This instrument was acknowledged before me on this /(q day of MLMI , 2011 by John W. Moreland, Jr., as President and Secretary of Arlingtoh Development, Inc. °�� �'� Commission Number 9755282 don Expires Notary Public inVand f aid State 26, 2012 STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) On this / In day of ch-- , 2011, 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, as contained in Resolution passed by the City Council on the / 7� day of _, 2011; 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. K TUTTLE �? r Commission Number 22181') t M Co Sp Expires 47 (01021814.D0C) Notary Public in and for said State TO 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 RIDGE — PART TWENTY -TWO A Resubdivision of Lot 257, Windsor Ridge — Part Fourteen 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 Ridge — Part Twenty -Two, A Resubdivision of Lot 257, Windsor Ridge — Part Fourteen, 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 clear away any trees on either side of said easement areas which now or hereafter in the opinion of the (01021825.130C) TO 2- 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 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. Dated this (�' day of _, 2011. ARLINGTON DEVELOPMENT, INC. By 4JO-�-�— . . Moreland, Jr., President a Secretary CITY OF IOWA CITY, IOWA By: 6 Matthew J. Hayek, Mayor (01021825.DOC) Q ATTEST: Atri22n K. Karr, , City Jerk STATE OF IOWA ss: COUNTY OF JOHNSON -3- This instrument was acknowledged before me on this l(o day of W04- , 2011 by John W. Moreland, Jr., as President and Secretary of Arlington Development, Inc. Notary Public in nd fQ(#d Stagy to On this /7 day of , 2011, before me, the undersigned, a Notary Public in and for said Cod ty 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, as contained in Resolution passed by the City Council on the l7` day of MA 2011; and the said Mayor and City Clerk did acknowledge the execution of he instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. D11 SONDRAE FORT commission Number 159791 My commission Expires to (01021825.DOC} sa"4'0 - FC,+ Notary Public in and for said State "V Prepared by: Michael J. Pugh One South Gilbert Street Phone (319) 358 -5562 Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 ■ WINDSOR RIDGE — PART TWENTY-TWO A Resubdivision of Lot 257, Windsor Ridge — Part Fourteen 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 WHEREAS, Windsor Ridge — Part Twenty -Two is a resubdivision of Lot 257, Windsor Ridge — Part Fourteen; and WHEREAS, the Subdivider and the City previously entered into a Subdivider's Agreement for Windsor Ridge — Part Fourteen on the 8th day of November, 1999, which Subdivider's Agreement was recorded in the office of the Recorder of Johnson County, Iowa on the 4th day of January, 2000 in Book 2886, at page 289; and WHEREAS, the Subdivider and the City now desire to release the Subdivider and the real estate from the obligations and requirements imposed in the Subdivider's Agreement for Windsor Ridge -Part Fourteen and desire to replace and supersede such obligations and requirements with the following requirements imposed herein. IT IS, THEREFORE, HEREBY AGREED AS FOLLOWS: Section 1. Release. The City hereby releases any lien upon the lots contained in Windsor Ridge- (01020158.DOC) -2- Part Twenty -Two resulting from the Subdivider's Agreement for Windsor Ridge -Part Fourteen. Section 2. Public Improvements. In consideration of the City approving the plat of Windsor Ridge - Part Twenty -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 installation of the following improvements is completed and said improvements have been accepted by the City: A. Sanitary Sewer and Water mains as required by the City. B. Subdivision erosion control measures as required by the City under its ordinances. The sanitary sewer and water mains 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 on the City's agent during any 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. Section 3. Storm Water Management The City of Iowa City installed a regional storm water detention facility located on the south branch of Ralston Creek just east of Scott Boulevard. The Subdivider is responsible to install storm sewers and drainage swales which together will transport and convey the peak rate of runoff generated from a 100 -year return frequency storm from the development to Ralston Creek. Section 4 Construction of Improvements. The Improvements described in Sections 2 of this Agreement shall be constructed and installed according to plans and specifications approved by the City Engineer of the City of Iowa City. Section 5. Sidewalks. The Subdivider agrees to install eight foot (8') wide sidewalks adjacent to the Huntington Drive and Court Streets frontages. The sidewalks shall be installed as required by Sections 15 -3 -3; 16 -1C -1, 2, 3; 16 -4 -1, Iowa City Code of Ordinances, and shall remain a lien on Lot 1 until installed and released by the City, and the release duly recorded with the Johnson County Recorder's office. The City agrees to promptly reimburse Subdivider or its successors or assigns, for the reasonable {01020158.DOC} ( O -3- 'oversize' costs associated with increasing the width of the sidewalks from 5 feet to 8 feet on Huntington Drive. Said reimbursement shall occur within thirty (30) days upon acceptance of the sidewalks for Lot 1. Section 6 Building Permits and Escrow Monies. If the Subdivider should desire a building permit for a building unit 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 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 7 Occupancy Permit. Prior to the issuance of an occupancy permit for any structure erected pursuant to Section 6, 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 2, and sidewalks as stated in Section 5. Section 8. 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 (01020158.DOC) 1vp 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 9. Waiver. If the Subdivider, its assigns or successors in interest, sells or conveys lots in the Subdivision prior to installation of 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 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 on Lot 1, only. 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 10. 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 for Lot 1 will be issued where appropriate as set forth in Section 5. Section 11 Neighborhood Open Space. The City's Neighborhood Open Space Ordinance requires the dedication of .14 acres of property, or the payment of a fee in lieu thereof, in connection with this subdivision. It is agreed that said requirement shall be met upon payment of a fee of $2,100.00 (.14 acres x $15,000.00) in lieu of open space dedication. This obligation shall bind the successors and assigns of all the parties hereto, and shall apply and run with the land. This amount shall be paid prior to the issuance of the first building permit for any lot in the subdivision. {01020158.DOC} � l -5- Section 12. Miscellaneous. A. All electrical, telephone and cable television service and distribution lines shall be installed underground. B. Lots 1 and 2 shall not have direct vehicular access to Taft Avenue. C. Prior to the issuance of a building permit for Lot 1, Subdivider shall pay to the City the sum of $14,942.50 ($69.50 x 215 lineal feet) to contribute toward the cost of Taft Avenue improvements. D. Prior to the issuance of a building permit for Lot 2, Subdivider shall pay to the City the sum of $25,089.50 ($69.50 x 361 lineal feet) to contribute toward the cost of Taft Avenue improvements. E. The planting of landscaping located between Taft Avenue and the two (2) easterly 6 -unit buildings as depicted on the approved landscaping plan included in the site plan for Lot 2 shall be delayed until improvements are completed for Taft Avenue. Prior to the issuance of a building permit for Lot 2, Subdivider shall submit an escrow to the City in the amount of $10,000 for the landscaping, the planting of which shall be delayed until after improvements to Taft Avenue are completed, as noted above. F. In lieu of establishing an escrow as outlined in Section 12(E) above, Subdivider may provide an Irrevocable Letter of Credit, in a form and containing provision approved by the City Attorneys Office, for the benefit of the City to be used for the installation of the landscape buffer. G. After the improvements of Taft Avenue are completed, Subdivider shall finish the planting of landscaping with respect to Lot 2. The City is not and shall not be responsible for planting of said landscaping. The City may, however, use the escrowed funds or tender the Irrevocable Letter of Credit to complete said landscaping in the event the Subdivider fails to do so. H. The Subdivider agrees that it shall be responsible for the installation and maintenance of Charlotte and Raleigh Lanes, private streets, and the City shall have no obligation for the installation and maintenance of any such area. The Subdivider may transfer the ongoing maintenance responsibility for these private streets to one or more owner's associations. Subdivider agrees to install both private streets concurrently so that adequate traffic circulation is provided within the subdivision. This obligation should be completed prior to the issuance of any building permit for either lot. 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. {01020158.DOC) Dated this ATTEST: /h day of By: Marian K. Karr, City Clerk STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument PW 12011 Arlington Development, -6- M 2011. ARLINGTON DEVELOPMENT, INC. By Jo n W. Moreland, Jr., P sident and Secretary CITY OF IOWA CITY, IOWA By: Matthew J. Hayek, Mayor was acknowledged before me on this L day of by John W. Moreland, Jr., as President and Secretary of Inc. J. PUGH 97M o;a a tot L - STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) Notary Public in a d for C ai State On this 174-k day of 2011, before me, the undersigned, a Notary Public in and for said County 9nd 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 {01020158.DOC) „ Ip behalf of the corporation by authority of its City Council, as contained in Resolution No. passed by the City Council on the / /-A day of _ 2011; 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. Notary Public in and for said State ,tn�nt o h � �ICornmisswn I<C! LIE K TU 'LE Pli tuber 229 619 � Nry CiOf0111851 7 EY.DIf85 {01020158.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 UNDERGROUND UTILITY EASEMENT WINDSOR RIDGE — PART TWENTY -TWO A Resubdivision of Lot 257, Windsor Ridge — Part Fourteen In consideration of the approval of the Final Plat of Windsor Ridge - Part Twenty -Two, Iowa City, Iowa, the undersigned owners hereby grant to MidAmerican Energy, Qwest Communications and Mediacom, and their successors, a perpetual easement upon, over, under, along and across the areas designated on the Final Plat of Windsor Ridge — Part Twenty -Two a Resubdivision of Lot 257, Windsor Ridge — Part Fourteen, 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. r01057913.000) PAVA -2- 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 herein granted. Dated this day of 2011. OWNER ATTEST: M -ian K. Karr, City Clerk STATE OF IOWA ss: COUNTY OF JOHNSON ARLINGTON DEVELOPMENT, U) . I W. Moreland, Jr., lent and Secretary CITY OF IOWA CITY, IOWA By: Matthew J. Haye , ayor his instrument was acknowledged before me on this /1P day of P V , 2011 by John W. Moreland, Jr., as President and Secretary of Arlington Development, Inc. % MICHAEL J. PUGH g °, CoMm� Isslon Number�z82 Notary Public in and 2td tate Commtsslon [010579 ) July 26, 2092 V� -3- STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) On this 1 74h day of r) 'L S j` 2011, before me, the undersigned, a Notary Public in and for said County a6-d 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, as contained in Resolution passed by the City Council on the � day of /2]n,4 l-- , 2011; and the said Mayor and City Clerk did acknowledge the execution of�nstrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. " ICEI LIB h. TUTTLE Cornni lolllumber221810 ffff iss! nExpires 101057913.DOC) Notary Public in and for said State qP Prepared by: Michael J. Pugh One South Gilbert Street (319) 358 -5562 Bradley & Riley, PC Iowa City, IA 52240 Fax (319) 358 -5560 TEMPORARY PARKING EASEMENT AGREEMENT This Temporary Parking Easement Agreement is made and entered into on the _ day of May, 2011 by the City of Iowa City, Iowa (the "City "), which expression shall include its successors in interest and assigns and Arlington Development, Inc., which expression shall include its successors and assigns (the "Subdivider "). RECITALS 1. City is the owner of property used for public open space and located on Huntington Drive near its intersection with Court Street, Iowa City, Johnson County, Iowa, more particularly described as follows, and which parcel is hereafter referred to as the "City's Parcel ": Outlot "O ", Windsor Ridge — Part Thirteen, in accordance with the plat thereof recorded in Plat Book 41 at Page 56 of the Records of the Johnson County Recorder's Office. 2. Subdivider is the owner of property immediately east of the City's Parcel, which parcel will be resubdivided as Lot 2 of Windsor Ridge — Part Twenty -Two. 3. Subdivider intends to develop Lot 2 as a condominium project (the "Project ") and desires additional parking spaces to accommodate visitor parking. 4. City is willing to grant to Subdivider permission to install parallel parking spaces on its property and allow visitors to Lot 2 to park in such spaces, on the condition that Subdivider or its successor in interest maintain such spaces. 5. Such additional parking spaces will benefit the public visiting the City -owned open space. NOW, THEREFORE, in consideration of the above Recitals and the mutual covenants hereinafter set forth, it is agreed between the parties as follows: 1. City hereby grants to Subdivider, and to its successors and assigns, a temporary, non- exclusive easement for vehicular access and parking over the area shown and described as a "Parking (01064188.DOC) 'v Easement" on Exhibit "A" attached hereto and incorporated herein by this reference. Said Temporary Parking Easement shall be for the purpose of vehicular traffic and parking to allow the Project owners' invitees to park over the temporary parking easement area. The public shall have the right to park in accordance with local ordinances in the parking spaces installed by Subdivider on the City's Parcel. 2. As consideration for City's grant of the rights hereunder, Subdivider agrees, in connection with its use of the City's Parcel, to undertake the following: A. Subdivider agrees to make all modifications and improvements to the Parking Easement area as may be required by the City of Iowa City in connection with Subdivider's development of the Subdivider's Project, to include curb cuts, parking spaces, curbs, paving, signage and lining said paving for parking spaces. B. Subdivider shall replace any trees or landscaping removed or damaged due to the construction of said parking spaces with like kind trees and landscaping. C. Subdivider and it successors and assigns shall thereafter repair and maintain the easement area described above, to include keeping the pavement in good condition, painting the parking stripes and keeping the area as free as possible of snow, ice, dirt and debris. The Subdivider may transfer repair and maintenance responsibility of the easement area to the Project's homeowners association. 3. To the extent necessary for Subdivider or its successors and assigns to carry out its obligations under 2A, the City does hereby grant to Subdivider a temporary construction easement over the City's Parcel. 4. Notwithstanding anything to the contrary herein, this Temporary Easement Agreement shall terminate and be of no force or effect thirty (30) days from the date the City provides written notice of termination to Subdivider. No compensation shall be provided to Subdivider, or any successors in interest, for loss of the rights granted herein. In the event of such termination, the Subdivider's obligations herein shall also terminate. 5. Subdivider shall indemnify, defend and hold harmless the City in connection with any liability whatsoever arising from the Subdivider's installation, maintenance, use or repair of said parking spaces, including any liability which the City may incur as a result of the rights granted herein. This indemnification and hold harmless shall include, but it not limited to, reasonable legal fees and costs of defense incurred by the City. Notwithstanding the foregoing, this indemnification and hold harmless shall only apply to third party claims that are not otherwise covered by the Subdivider's insurance coverage. 6. City reserves the right to use the City's Parcel for public purposes, and reserves the right to enforce its traffic enforcement and park regulations and ordinances against any and all users of the Temporary Parking Easement area... Iowa. 7. This Agreement shall be construed and enforced in accordance with the laws of the state of 8. City does hereby covenant that it is lawfully seized and possesses the City's Parcel 9. Subdivider acknowledges and agrees that no property rights are conferred by this grant of permission to use the public property; that the City is not empowered to grant a permanent use of its property for private purposes. {01064188.DOCt 0 10. This Agreement shall be construed as a covenant running with the land and shall be binding upon the present and future owners of the real estate described herein and shall be perpetual in duration unless terminated by the City as provided herein or by written agreement of the parties or their respective successors and assigns. 11. This Agreement may be executed in several counterparts, all of which together shall be deemed an original, single documents. Dated this day of May, 2011. Y : 9 VAMNt ARLINGTON DEVELOPMENT, INC. B*-- �1V Morel and, Jrand Secretary CITY OF IOWA CITY, IOWA By. L Matthew J. Haye`, Mayor ATTEST: By: /ill Zt 46J 51 Marian K. Karr, City Clerk STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this 1,6 day of May, 2011 by John W. Moreland, Jr., as President and Secretary of Arlington Development, Inc. V.;'t ICHAELJ. PU GH m Num rr11�7752282 July 26, 2012 Notary Public in and for sa d S ate to (01064188.DOC) f STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) On this 174--k day of May, 2011, 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 scaled on behalf of the corporation by authority of its City Council, as contained in Resolution No. I(-! 77 passed by the City Council on the day of J ! % 2011; and the said Mayor and City Clerk did acknowledge the execution of the instru vent to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. �niRr I i<EI LI "K. "Nl1LE °�ti`s' r'omm�ss on Number ?21819 j ^ y C m .riss on Expires Notary Public in and for said State (01064188.DOC} !\ as mom Kmm }3 Wa� 1=C1 �° T w =a ��U �z w PO: QZQ QQ a:E 000_ W03aaw= Q41N � �s� 8 gga 2ao F gts3 U o F o UO�✓ jac _ 4flo �mVO aeoAwPOJ° nn wmgLLrc pgiao N—i f'-' 'om�w vo «� ° «° =Ymr °v 0 KK oOyOy��V Vn Po 3�- nj -p'wv § €Z°'N �°o c r z lo. f1iz1�181�1vw1 i ° teo `° Q av1411M1B uoS.fr U Q �pO1F1�1ii W-° M. a t«o NE a°. Nctizc p 3°mc$° o oym D W °�KT �V °33a rmu Z 1 M I a 9yi °°U4Y0 --Cc .f VC W �i 3�mo z � acNZ� ya �I °rte °ovo o °o °y nr.T -a G(1 zv° ®Oao 0 W it i; °ge oio� s�s�o'ooa.eo W O"'N °Npcc J 1 }� I cc SSmaN N. Ii nPO° E.°. Elio .00EEd pO Zl° -w °p° Q r m x w 1� S� M KIM s a Q a a a OO c�J 1 J _ 'w nn w co :m uoz /al /> Fw" sal.\ -' ' 'As n \.o H w O Z d 0 o � g � o 0 8 B e p2 a �° w =a 0w �z w PO: QZQ QQ a:E 000_ W03aaw= Q41N � a �° =a E Y a:E �s� 8 gga 2ao F gts3 v IIIIINIIIIIIIIIINIIINIINIINN 'iVNIINVNIIINIVllINIIVIIIBINV Doe ID: 022186450005 Type: GEM Kind: DECISION Recorded: 05125/2011 at 11:42:12 AM Pee Amt: 529.00 Pace 1 of 5 Johnson Countv Iowa Kim Painter County Recorder EK4755 PG195 -199 Prepared by Tabatha Miller, Intern, 410 E. Washington, Iowa City. IA 52240: 3191356 -5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, APRIL 13, 2011 EMMA J. HARVAT HALL MEMBERS PRESENT: CAROLINE SHEERIN, BARBARA ECKSTEIN, WILLIAM JENNINGS, BROCK GRENIS, ADAM PLAGGE MEMBERS ABSENT: NONE - o STAFF PRESENT: SARA GREENWOOD HEKTOEN, BOB MIKLO v? OTHERS PRESENT: JEFF CLARK, MARILYN HOLLAND SPECIAL EXCEPTION ITEMS: EXC10- 00013: Discussion of an application submitted by Center City LLC for aspecial exception to allow above - ground structured parking and off -site parking for a proposed mixed -use building to be located in the Central Business (CB -10) zone at 328 East Washington Street. With regard to the above - ground, on -site structured parking special exception, the Board makes the following conclusions and findings of fact: Based on the site plan submitted, which shows that the on -site parking is set back behind the first 50 feet of the ground floor, the Board concludes that the proposed structured parking will not detract from or prevent ground floor storefront uses. The Board finds that vehicular access to the proposed structured parking is from the rear alley. Based on the submitted building elevations, the Board concludes exterior walls of the above -grade parking structure that are visible from the public street appear to he a component of the building fagade and will match the design of the front of the building. The Board concludes that entrance and exit to the structured parking area meets the standards for the special exception, based on the following: • The submitted site plans shows that the entrance to the parking structure is at the rear of the building and is set back 10 feet from the public alley. • The parking entrance /exit is at grade. • The site plan shows a double garage entry, allowing adequate visibility for cars entering and exiting the site. • The site plan, which shows the line of sight for vehicles exiting the facility, illustrates adequate visibility around the dumpster and mechanical equipment. With regard to the off -site parking special exception, the Board makes the following conclusions and findings of fact: The Board finds that the applicant has requested to provide 19 spaces off site in a municipally -owned ramp in the same CB -10 zone, and has submitted the required special 11 location plan showing that the off -site parking is located approximately 400 feet from the entrance to the proposed mixed use building. The Board finds that the zoning code allows up to 100 percent of the required number of parking spaces to be provided in a municipally -owned parking facility, regardless of the distance between the use and the parking facility, because the use is in the CB -10 zone. For this reason the Board concludes that a requirement that the parking be within 300 feet of the entrance does not apply. The Board finds that the applicant is not proposing to "share' parking with another use. The Board finds that the Director of Planning and Community Development in consultation with the Director of Transportation Services and the City Manager has substantiated that the addition of the requested number of parking spaces will not exceed the capacity of the parking facility, based on the following: • The applicant has requested 19 spaces for long term rental in the municipal parking facility. • There are 475 spaces in the Chauncey Swan ramp; 384 regular permits are issued, 16 permits are reserved in perpetuity for apartment tenants at 225 S. Gilbert Street, and 75 spaces remain open. • 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 agree. 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 based on the number of spaces approved by the Board. With regard to both special exceptions requested, the Board concludes that they 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 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 location, based on the following: • Ingress and egress from the municipal parking ramp is designed to be safe and has good visibility to and from adjacent streets. • Access to the on -site structured parking is at grade from the rear alley, minimizing conflicts with pedestrians, bicyclists, and vehicles. Visibility for vehicles entering and exiting the on -site structured parking is not impeded by the dumpster enclosure or other obstacles. • The site plan shows the proposed building has a prominent entrance fry the public street that is safe and accessible to pedestrian residents. o = • Currently there is adequate capacity in the Chauncey Swan Ramp fM j 2ovida the I requested 19 spaces. The Director of Transportation Services retains the right to relonae tli 19%� • permits to other downtown municipal parking facilities as needed nf;Pn a-gnualg F� basis. z r o 11-\ The Design Review process will ensure that the building is compatible with the surrounding property. The proposed building design reserves 50 feet of depth for storefront use. The above -grade parking will not be highly visible from public streets or sidewalks. The Board concludes adequate utilities, access to roads, drainage, and necessary, facilities have been provided based on the following: • The locations of the proposed new building and the municipal parking facility have all necessary utilities, road, drainage and other facilities in place. • Any potential changes to the drainage at 328 East Washington Street will be reviewed by staff, and will ensure drainage does not affect Ecumenical Towers. The Board concludes adequate measures have been taken tc provide ingress or egress designed so as to minimize traffic congestion on public streets based on the following: • All municipal parking facilities are designed to provide safe ingress and egress to adjacent public streets and minimize congestion of public streets. • Access to the on -site structured parking is through the public alley, is set back 10 feet from the alley, and designed to allow adequate visibility for vehicles entering and exiting the site without obstruction from dumpster enclosure ogother obstacles. 0 The Board concludes, except for the specific regulations and standards af3plQblerIo the— excepting being considered, the specific proposed exception, in all c0gr- rej_�ects� conforms to the applicable regulations or standards of the zone in whit is to b--r located, based on the following: rn • All aspects of the residential development will be reviewed by the BSJWPg iTficld" as part of the building permit process and by Design Review in of.—der to ensure that all aspects of the code not specifically considered here are in compl'i'ance with the zoning code. The Board concludes the proposed use is consistent with the Comprehensive Plan, as amended, which 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. The Board finds that Council provided further guidance on striking this 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. The Design Review process will ensure that the building is aesthetically Compatible with the downtown, and the adjacent Ecumenical Towers. Disposition: By a vote of 5 -0 the Board approved the special exception to allow above 13 on -site, above - ground structured parking and 19 off -site parking spaces for a proposed mixed use building to be located in the Central Business (CB -10) zone at 328 East Washington Street, subject to the following conditions: • The applicant must enter in to an agreement with the City for a maximum of 19 off -site parking permits prior to securing a building permit. The agreement shall include the following conditions: ,r'1 • The permits shall only be available to residents of 328 East Washington and at a cost not to exceed the market rate determined by the Director of Transportation Services at the time of leasing; • The Applicant or its designee 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 328 East Washington; • The Director of Transportation Services reserves the right to relocate the permits to another downtown municipal parking facility on an annual basis as necessary to accommodate demand for municipal parking facilities, as determined by the Director in his or her sole discretion. • The final building plan, site plan, and elevation drawings are subject to Design Review approval to ensure: • The building is compatible with the scale and character of downtown with a ground -floor storefront that is appropriately designed to be attractive to commercial tenants; and building articulation along the south and west - facing facades to break up blank faces and provide visual interest; • that any portions of the structured parking visible from the adjacent residential building should appear to be a component of the building; • that the building features a prominent street- facing residential entrance that is located close to the front property line and is safe and accessible to pedestrian residents; o • that conflicts with surrounding uses are minimized; and ° • that the dumpster location and enclosure design will not i e`KC9e VAN[itjG._ into the alley for vehicles exiting the parking garage ��. -� TIME LIMITATIONS: :4° —,-, M G All orders of the Board, which do not set a specific time limit E5 ation on Appdcant,�Ption, 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{ City of Icwa City, Iowa. — � �f h Approved by: Caroline Sheerin, Chairperson r �/ s'Izv q City Attorney's Office 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 13th day of April, 2011, as the same appears of record in my Office. Dated at Iowa City, this —__cj� day of�, 20-IL arian K. Karr, City Clerk a CD_ f%1 N Ul �'k Doc ID: 022218510009 Type: GEN Kind: ORDINANCE Recorded: 08/27/2011 at 02:28:59 PI Fee Amt: $49.00 Peas 1 of 9 Johnson Countv Iowa Kim Painter County Recorder r 'ot My or co 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. 11-4433 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 215` day of June, 2011, is a hue and correct copy, all as the salve appears of record in my office. Dated at Iowa City, Iowa, this 24`x' day of June, 2011. 2t- -n��.� j�. — l Marian K. i n•P City Clerk \Ord CORTOR;AI E SEAL 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 • FAX (319) 356 -5009 �2 Prepared by: Christina Knocker, Associate Planner, 410 E. Washington St, Iowa City, IA 52240; 319 -350 -5243 (REZ11- 00001) ORDINANCE NO. 11 -4433 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 23.22 ACRES OF PROPERTY LOCATED AT 2949 ROCHESTER AVENUE, FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS -5) ZONE TO PLANNED DEVELOPMENT OVERLAY -LOW DENSITY SINGLE FAMILY (OPD -5) ZONE. (REZ11- 00001) WHEREAS, the applicant, Rochester Ridge LLC, has requested a rezoning of property located 2949 Rochester Avenue from Low Density Single Family Residential (RS -5) zone to Planned Development Overlay -Low Density Single Family Residential (OPD -5) zone; and WHEREAS, the owners, the Robert W. Stevens Revocable Trust and the Dorothy L. Stevens Revocable Trust, Shirley A. Connor, Judith Gabriel, Robert W. Stevens and James E. Stevens, have entered into a purchase agreement for said 23.22 acres with the Applicant WHEREAS, the Comprehensive Plan indicates that the area is appropriate for single family residential of a similar pattern as the surrounding developments with a potential location of open space in the southeast corner; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed zoning and found that the site has considerable sensitive natural features, including a regulated woodland, jurisdictional wetlands, steep and critical slopes, and a stream corridor; and WHEREAS, the Planning and Zoning Commission found that the disturbance to the sensitive natural features was warranted in order to provide for essential public improvements, such as stormwater management and streets to foster neighborhood connectivity and a reasonable level of infill development; and WHEREAS, the Planning and Zoning Commission has determined that it complies with the Comprehensive Plan provided it is developed according to a Wetland Mitigation Plan approved by U.S. Army Corps of Engineers and according to a long term maintenance plan for the combined wetland /stormwater detention area; 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 of RS -5 to OPD -5: BEGINNING AT THE SOUTHWEST CORNER OF LOT 313 OF OAKWOODS ADDITION PART 6; THENCE S88 °52'49 "W, 953.92 FEET; THENCE N00 °20'58 "W, 916.12 FEET; THENCE N75 °00'31 "E, 137.33 FEET; THENCE N70 °42'29 "E, 863.45; THENCE S00 °33'02 "E, 1218.30 FEET, TO THE POINT OF BEGINNING, CONTAINING 23.22 ACRES, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 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. 12 Ordinance No. 1]-441 Page 2 SECTION III. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement among the Owner(s), Applicant 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 21st day of June 20 11 MAYOR ATTEST: CI CLERK Approved by , , r,, City Attorney's Office s Itt ff -Lti Ordinance No. 11 -4433 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 Bailey x Champion x Dickens �x Hayek x Mims x Wilburn x Wright First Consideration Vote for passage: AYES: Champion, Dickens, NAYS: None. ABSENT: None. Second Consideration 6/712011 Vote for passage: AYES: Champion, Dickens, NAYS: None. ABSENT: None. Date published 6129/2011 Hayek, Mims, Wilburn, Wright, Bailey. Hayek, Mims, Wilburn, Wright, Bailey. �2 Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington St, Iowa City, IA 52240; 319- 356 -5243 (REZ11- 00001) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), the Robert W. Stevens Revocable Trust and the Dorothy L. Stevens Revocable Trust, Shirley A. Connor, Judith Gabriel, Robert W. Stevens and James E. Stevens (hereinafter "Owners "), and Rochester Ridge, L.L.C. (hereinafter "Applicant "). WHEREAS, Owners are the legal title holder of approximately 23.22 acres of property located at 2949 Rochester Avenue, Iowa City, Iowa; and WHEREAS, Applicant has an equitable interest in said 23.22 acres by virtue of a purchase agreement with Owners; and WHEREAS, the Owners and Applicant have requested the rezoning of said property from Low Density Single Family Residential (RS -5) zone to Planned Development Overlay -Low Density Single Family Residential (OPD -5) zone; and WHEREAS, the Planning and Zoning Commission found that the site has considerable sensitive natural features, including a regulated woodland, jurisdictional wetlands, steep and critical slopes, and a stream corridor; and WHEREAS, the Planning and Zoning Commission found that the disturbance to the sensitive natural features was warranted in order to provide for essential public improvements, such as stormwater management and streets to foster neighborhood connectivity and a reasonable level of infill development; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the need for a Wetland Mitigation plan and a long term maintenance plan for the combined wetland /stormwater detention area, 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 Owners 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 protection of sensitive natural features; and WHEREAS, the Owners and Applicant agree to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Owners are collectively the legal title holder of the property legally described as: BEGINNING AT THE SOUTHWEST CORNER OF LOT 313 OF OAKWOODS ADDITION PART 6; THENCE S88 °52'49 "W, 953.92 FEET; THENCE N00 020'58 "W, 916.12 FEET; THENCE N75 °00'31 "E, 137.33 FEET; THENCE N70 042'29 "E, 863.45; THENCE S00 °33'02 "E, 1218.30 FEET, TO THE POINT OF BEGINNING, CONTAINING 23.22 ACRES, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owners and Applicant acknowledge that the City wishes to ensure conformance to 22 the principles of the Comprehensive Plan and the Northeast 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. 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 compliance with a Wetland Mitigation Plan approved by the U.S. Army Corps of Engineers and a long -term maintenance plan for the wetland /stormwater detention basin located on Outlet A. 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. 6. 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. s� Dated this � day of CITY OF IOWA CITY kw jj . . Matthew J. Hayek, Mayor Attest: 20/. [OUT ONSI Robert W. Stevens Revocable Trust Awe ! � BY: Shirley Connor, Trustee 7C Dorothy L. Stevens Revocable Trust Mari K. Karr, City Clerk Approved by: CORPORATE (j=- SEAL BY: Shirley A. Ioonnor, Trustee 2V Aw" Iut- iLW-pz( kEOl4P -,� City Attorney's Office T Wa CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Shirley A. Co nor o"'tI Judith Gabriel Robert W. Stevens dames E. Stevens APPLICANT Rochester Ridge, L.L.C. B This instrument was acknowledged before me on Zmg al , 2011 by Matthew Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. F*Qw ONDRAEFORT Commission Number 159781 My Com fission pir 3 7 M s� Fsy�b Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) ROBERT W. STEVENS REVOCABLE TRUST ACKNOWLEDGEMENT State of. —Lou-70� ....... (County) of /--? On this A� day of /i 'Za& , 20/% this instrument was acknowledged before me by diet �n- tw,)(-) Y as Tr6stee of the Robert W. Stevens Revocable Trust. Notary Public in and for the State of —J-z-9u-)c- � My commission expires____ _ 14Sn�fc KELLEK. S'U r'2E m mission Number221819 My Cgn7 s' n Expires IorT , /-° 2� DOROTHY L. STEVENS REVOCABLE TRUST ACKNOWLEDGEMENT State of ... 0�2 (County) of On this /�% /i day of%%72t, _ 20!f , this instrument was acknowledged before me by s�tL� as Trustee of the Dorothy L. Stevens Revocable Trust. l� INDIVIDUAL ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) XC -e die, K ltc #A�!- Notary Public in and for the State of SOU' My commission expires: z ° QIg�g I_ELsLIE IC TU'TL/2E 1 8 19 Commision Nm2 R Ay issi 1Exp `res A /- On this /� day of 20 �, before me, the undersigned, a -ZNot Public in and for said County, in aid State, personally appeared /v /� l f4 4�n0 y" , to me known to be the identical persons) named in and wtio, executed the within and foregoing instrument, and acknowledged that (he/ e the executed the same as his / 01 their) voluntary act and deed. Notary Public in and for the State of Iowa My commission expires: INDIVIDUAL ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) "ar E I.IE it TUTTLE 1o(..-��`r cornmission Number 221819 My Comrr Ex Tres On this /A-th day of , 20 / ! , before me, the undersigned, a Notary Public in and for said County, in d State, personally appeared L Qfjri -e_ / to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that (he/othey executed the same as his/ their voluntary act and deed. INDIVIDUAL ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: Notary Public in and for the State of Iowa My commission expires: !3 �'Arr yl(ELLIEI<TUTTLE i 4. w Commission Number 22.1819 Ni My Comm! sio 'Ex ices 10-1 JOHNSON COUNTY ) On this %a �/` day of J2 - , 20 �/ , before me the undersigned, a Notary Public in and for said County, ins Id State, personally appeared Rolgerf 0 `S e_ ✓-e ✓� S , to me known to be the identical personLs named in and who executed the within and foregoing instrument, and acknowledged that "'eYshe /the executed the same as is er /their voluntary act and deed. Notary Public in and for the State of Iowa ai.a< I(ELLIE +C. TUTTLE My commission expires: s� 1$�,a';� � Commission Number 221x19 14 Co+ nis. n xpnes INDIVIDUAL ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this / -�Z- day of , 20-//--, before mg, t e undersigned, a Notary ublic in and for said County, A said State, personally appeared P' Gv . to me known to be the identical pers nf(s) named in and who executed the within and foregoing instrument, and acknowledged that he he /the executed the same as (his /her /their) voluntary act and deed. �Pp1A(S TIMOTHY C.BERNEMANN o y Commission Number 747091 _+ My Commission Expires �oWP August23,2012 Notary Public in and for the My commission expires: LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) .i4►,F1 On this /027'� day of A.D. 20 / before me, the undersigned, a Notary Pu Rio in and fofr the State of Iowa, personally appeared �(eSS7 C ` /• , to me personally known, who being by me duly sworn, did say that the ­­person is /9fie� /_ter (title) of and that said instrument was signed on behalf of the said limited liability ompany by authority of its managers and the said ��len�6er acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. cl � le 1u xT 4L Notary Public in and for the State of Iowa v�ntsl{CEt TUTTLE My commission expires: o` commission Number 27.1819 My ssio E/xptres lt2 Doc ID: 022241280006 Type: GEN Kind: DECISION Recorded: 07/18/2011 at 02:56;08 PM Fee Amt: $32.00 Pace 1 of 6 Johnson Countv Iowa Kim Painter County Recorder Prepared by Nick Benson, Planning Intern, 410 E. Washington, Iowa City, IA 52240; 319/356 -5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, June 8, 2011 EMMA J. HARVAT HALL MEMBERS PRESENT: Caroline Sheerin, Barbara Eckstein, Brock Grenis, Adam Plagge MEMBERS ABSENT: William Jennings STAFF PRESENT: Sarah Holecek, Sarah Walz, Nick Benson OTHERS PRESENT: Dan Hiserote, Joseph Dobrian SPECIAL EXCEPTION ITEMS: 1. EXC11- 000Q2:A public hearing on an application submitted by Dan Hiserote for a special exception to allow a drive - through facility in the Community Commercial (CC- 2) zone at 1015 Highway 1 West. The Board concludes 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: • The proposed site plan shows space for up to seven cars to access the drive - through at one time before stacking into the easternmost parking aisle. • The drive - through is located at the rear of the site, behind the building, and drive - through vehicle circulation is separated from other traffic entering or exiting Lot 3 as well as other shopping center traffic. • Because the property is served by a private drive, the proposed drive - through is unlikely to have an impact on public rights -of -way, which are located more than 600 feet away. • Drive- through circulation is directed behind the building, toward other land zoned for commercial development. The proposed drive - through is bordered by 50 feet of stormwater detention facility and another commercial (CI -1) property. • The drive - through is not readily visible from any residential zones due to its location and screening provided along the stormwater facility in addition to the required perimeter screening around the site. • The site plan shows that the pavement along the drive - through will be marked with directional arrows, and signs posted at the entrance and exit to the drive - through. A "Do Not Enter" message is marked on the pavement where the drive - through meets the cross access with the Walmart parking area to the east. • The proposed site plan shows that pedestrian connections from the shopping center and across Lot 3 are located away from the drive - through. Pavement markings will be required in this area as part of site plan approval. • The drive - through lane ineets the required 10 -foot setback standards on the north, west, and east ends of the property and the required S2 perimeter screening is proposed in these areas. Based on the 50 -feet separation provided by the stormwater facility for the shopping center and required trees shown on the Walmart site plan, the Board concludes that the required south setback should be reduced from 10 feet to 0 feet. The Board concludes the transportation system is capable of safely supporting the proposed use in addition to the existing uses in the area based on the findings provided above as well as the following findings: • The property is accessed via a private drive from State Highway 1 —both are designed to accommodate the levels of traffic generated by CC -2 uses. • The drive - through lane is located more than 600 feet from the entrance to the shopping center and is set to the rear of Lot 3, such that drive - through traffic will not back up onto public roads. The drive - through circulation is not in conflict with pedestrian access to the restaurant. Based on the findings above, the Board concludes that the specific proposed exception 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. For these same reasons, 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 CC -2 zone. The Board concludes that adequate utilities, access roads, drainage and /or necessary facilities have been or are being provided based on the following findings: • All necessary utilities are available at this site. The Building Official, in consultation with the City Engineer, will review the plan for the proposed restaurant as part of the larger shopping center development. • All drainage for the shopping center is directed to the stormwater facility along the east and south sides of the shopping center. The Board concludes that adequate measures have been taken to provide ingress or egress designed so as to minimize traffic congestion on public streets, based on the following finding: 2� • Traffic from the drive - through will not stack onto public streets or neighboring properties. Since the drive - through is located to the rear of the rear of the site, with traffic circulating behind the commercial building, there is ample space for vehicles to stack before reaching the circular drive for the shopping center. The Board finds that the proposed exception in not in conflict with the Comprehensive plan because the Southwest District Plan identifies this area as appropriate for Highway- oriented commercial development. Disposition: By a vote of 4 -0 the Board approved the special exception to allow a drive - through facility in the Community Commercial (CC -2) zone at 1015 Highway 1 West, 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; ® Installation of landscaping along the adjacent stormwater facility as specified in the Walmart site plan; and • Approval by the Building Official of the fighting plan and any signage for the site By a vote of 4 -0 the Board approved an extension of the special exception time limit from 6 months to 12 months as the proposed use cannot be constructed on the site until such time as demolition of the existing structure is completed and the site is prepared for redevelopment. 2. EXC11 -0000 Public hearing regarding an application submitted by Joseph Dobrian for a special exception for a reduction of the front setback requirement to allow construction of a deck at 1015 Second Avenue. The Board concludes that the situation is peculiar to the property in question based on the following findings: The Second Avenue right -of -way is 75 feet wide, which is unusually wide for a residential street of its length and traffic volume. Even with the deck constructed, there will still be 12 feet between the edge of the deck and the sidewalk. • At 4,000 square feet, this property is significantly smaller than what is traditionally found in RS -5 zones, and in fact would not meet the minimum lot size requirements for RS -5 today. The Board concludes that there is practical difficulty in complying with the setback requirements based on the following findings: • The property is small in comparison with most other properties in the RS -5 zone, and smaller than what would be allowed under the current zoning ordinance. This limits space for outdoor seating. '1P The Board concludes that granting the exception would not be contrary to the purpose of setback regulations, based on the facts above and the following findings: • The purpose of the proposed setback reduction is for construction of an uncovered deck only and will not bring the principal building any closer to the street. The proposed uncovered deck will have side setbacks that exceed the 5 feet required by the zoning code. Other principal buildings along this frontage are set back a similar distance from the right -of -way line. The Board concludes that any potential negative effects resulting from the setback exception are mitigated to the extent practical based on the following findings: • By limiting the width of the deck to no more than 22 feet and eliminating handrails (except along deck steps) as suggested by the applicant, the deck will be consistent with a front porch and compatible with the size and architecture of the house and surrounding properties. Based on the findings above, the Board concludes that the specific proposed exception 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. For these same reasons the Board concludes that the proposed special exception 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 RS -5 zone. The Board concludes that adequate utilities, access roads, drainage and /or necessary facilities have been or are being provided based on the following findings: The neighborhood is fully developed with all necessary access roads, drainage and other necessary facilities and alleys. • The sidewalk in the Second Avenue right -of -way ends at the southern edge of the subject property and does not extend to the final two houses of the block. 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 the following findings: • The proposed deck will be located roughly 12 feet back from the sidewalk and will not obscure visibility for vehicles accessing the alley to the north. • The subject property is a single - family residence and does not generate significant traffic. The Board concludes that, except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all qP other respects, conforms to the applicable regulations or standards of the RS -5 zone. The plan for the deck must be submitted for a building permit before construction may commence. The Board concludes that the proposed use will be consistent with the Comprehensive Plan, which encourages re- investment in older neighborhoods like the neighborhood in which the subject property is located. Disposition: By a vote of 3 -1 the Board granted the special exception EXC11 -00003 to reduce the front setback requirement from 10 feet to 4 feet to allow for construction of an uncovered deck at the property located in the Low - Density Residential (RS -5) zone at 1015 Second Avenue, subject to the following conditions: • The deck width shall be no larger than 22 feet. • The deck design must complement the architectural style of the house, complying with the following requirements: • If the deck is constructed more than 1 foot off the ground, screening along the base of the structure must be provided. • The deck will not include handrails except for along the front and side steps. o Final deck design is subject to staff approval. o The setback reduction is for the purpose of an uncovered deck only and the deck may not be covered or enclosed at any time in the future without an additional special exception. 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 C City of Iowa City, Iowa. Approved by: irperson �Lt u �1z�wuruvZ %N 0— City Attorney's Office STATE OF IOWA JOHNSON COUNTY ip 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 8th day of June, 2011, as the same appears of record in my Office. Dated at Iowa City, this / 5 day of �a 20 arian K. Karr, City Clerk -v--e e. I IIIIIII IIIIII III IIIII VIII VIII IIIII IIIII (IIII IIIII IIIII (IIII (IIII IIIII IIII IIII Doc ID: 022263740013 Type: GEN Kind: RESOLUTION Recorded: 08/09/2011 at 01:10:50 PM Fee Amt: $67.00 Pace I of 13 Johnson Countv Iowa Kim Painter Countv Recorder ii •1• e 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. 11-254 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of August, 2011, all as the same appeals of record in my office. Dated at Iowa City, Iowa, this 5th day of August 2011. Marian K City Clerk fires 1 \1. %)RATE US AL 410 EAST WASHINGTON STREET C IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 e FAX (319) 356 -5009 PA Prepared by: Kimberly Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO. 11 -25 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MClmetro ACCESS TRANSMISSION SERVICES LLC TO USE A PORTION OF CITY STREETS AND PUBLIC RIGHTS -OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. WHEREAS, MClmetro Access Transmission Services LLC 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 MClmetro Access Transmission Services LLC a license to use those certain public rights -of -way for such purposes ; and WHEREAS, it is in the public interest to enter into a license agreement with MClmetro Access Transmission Services LLC 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 MClmetro Access Transmission Services LLC to use certain streets and 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 MClmetro Access Transmission Services LLC expense. Passed and approved this 2nd day of August 2011. MAYOR ATTEST: 2jjf� 7C ` ` -�/ CITY ISLERK d Approved by ty Attorney's O ice CORPORATE OEALI �� Resolution No. 1 Page 2 It was moved by Champion and seconded by M;mc the Resolution be adopted, and upon roll call there were: AYES: _x x x x x x x wpdata/glossary/resolution- ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright oA A LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND MCImetro ACCESS TRANSMISSION SERVICES LLC 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 MCImetro Access Transmission Services LLC, a Delaware limited liability corporation located at 2400 N, Glenville Dr., Richardson, TX 75082. 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 identified in Exhibits A and B attached hereto and Incorporated herein by this reference ("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 must obtain written approval of the Network plan from the Director of Public Works and any necessary permits. The Network plan shall consist of 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 plan 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 an interference, the Director of Public Works shall, within reasonable time after the filing of such Network plan, note the changes necessary to eliminate interference and refer the same back to Licensee for modification of the plans. Once the Network plan is approved by the Public Works Director, it shall be filed in the Public Works 4 Department and Licensee shall obtain an excavation permit authorizing Licensee to perform such work 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 by Licensee shall be in accordance with the approved Network plan 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 (30) 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 in City streets, avenues, alleys and Public Property for the purpose of routine repair, replacement, and maintenance of wires, lines or other Network system components according to the following conditions: 1. Licensee shall first obtain an excavation permit as required by to City Ordinances and Regulations; 2. Licensee shall not unnecessarily obstruct the use of streets, avenues, alleys or public places; 3. 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. 4. 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 Licensee 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 l` 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 Public Property 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 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 Public Property 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 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 Licensee's failure to act within a reasonable time shall be the responsibility of Licensee. In the case of Public Works projects, reasonable time shall be defined six (6) 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. The Licensee shall not place identification signs within the public right -of -way. Upon request, the Licensee agrees to locate 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 �a- after the time of request or as otherwise required by the "Iowa One -Call System ". 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 (30) days prior to abandonment of any Network component, Licensee shall notify the City of its intentions. Licensee may be required to remove such abandoned Network component(s) from the License Area as required in conjunction with other right -of -way repair, excavation or construction at the discretion of the Director of Public Works. Once abandoned, this License shall be considered revoked and of no further effect. 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, 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 a "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 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: ,01 I. seek specific performance; or H. remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to Licensee; 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, which consent shall not be unreasonably withheld, delayed or denied; provided, however, that Licensee shall have the right, upon providing notice to the City, to assign or transfer this Agreement, in whole or in part, to any parent, subsidiary or affiliate of Licensee, or to any person, firm or corporation which shall control, be under the control of, or be under common control with Licensee, or to any corporation into which Licensee may be merged or consolidated or which purchases all of substantially all of the assets or stock of Licensee. 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 Public Property is needed for a public purpose by the City 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 �k that nothing 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 (319) 356 -5140 If to Licensee: Manager Right of Way and Municipal Affairs MCImetro Access Transmission Services LLC 2400 N. Glenville Drive Richardson, TX 75082 (972) 729 -7106 With a copy to: MCImetro Access Transmission Serives LLC Legal Department, Network Facilities 2400 North Glenville Drive Richardson, TX 75082 (972) 729 -6751 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 five (5) business days after mailing in case of certified mail, or otherwise on the date actual notice is received. SECTION 18. JURISDICTION The parties acknowledge that any dispute regarding this Agreement shall be resolved by an Iowa court of competent jurisdiction in accordance with the laws of the State of Iowa. SECTION 19. RECORDATION This agreement shall be recorded in the Johnson County Recorder's Office, at Licensee's expense. �k N Dated this d day of A c,uLsi , 2011. CITY OF IOWA CITY AtQ/( n Matthew J. Hayek, Mayor Attest: City derk Approved by: City Attorney's Office 7/7A/ MCImetro ACCESS TRANSMISSION SERVICES LLC Carl D. Hirschenhofe CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA SS: JOHNSON COUNTY ) On this 2% day of Aucusf 2011, 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. /( -ds 4 and passed by the City Council, on the afy-0 day of AvGuS'` 2011, 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. Cow SONDRAE FORT Notary Public in and for the State of Iowa mission Number 159791 y Commission Expires My commission expires: 3 a00 20! 01 LICENSEE ACKNOWLEDGMENT STATE OF I2 K �Y5 A -1�RS COUNTY) ss: !/ On this Z(Aday of , AL , 2011, before me, the undersigned, a Notary Public in and for the State of -7-ex As in and for said county, personally appeared Carl D. Hirsch nhofer, to me personally known, who being by me duly sworn did say that that person is the g4 o� vl�- �gnw�er of said company and that said instrument was signed on behalf o the said corhpany by tuthority of its board of directors or trustees and the said 'tw 1 yy 'r hrex acknowledged the execution of said instrument to be the voluntary act and deed of said company by it voluntarily executed, a JIMMY MURPHREE ubi Notary Public, State of Texas Notary ub (c in and or the State ofd ©wa - j ex �t S My Commission Expires January 25, 2ot2 My commission expires: 1 2 5 20 12- U: \PW\STAFF\gm J \ROW Agreements \Temporary - Fixed \Fiber Optic \MClmetro Access.doc a'� h C S' y 1 -� 9 0 O'. U r Q r z 0 U Z O N Z 2 O Lf N O g U a O H a O J� N ? +O a C O Q C N x "C x [1 X O ,L L r s c _ i a � v s � 5 Li M N Ci L O C c0 C ,9L Q Q T r- u N u Q -I- Q - rrj I L�J L I � I II U J t Q Q O — .2' C X C � 11 G9 C � � Z C O 9 'v- Q Q T r- u N u CJ a C O L _ Q rJ� L7 G) E C Ol J � z J U � ° •' o oCC o OLjj o J G o z U I � O O c x O p c T U r C _ O O c0 b lb O {LI' co c N v p d c o T I I I�� c WIS T CS O � Z o o c o a \ 11Z T c K � Z ii l O N v p d c o T I I I�� c WIS T CS -Doc ID: 022283520008 Type. GEN Kind: OR Fee Amt $42.00 / Pace It of 1824:58 AM Johnson Countv Iowa Kim Painter County Recorder BK4788 po518 -525 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. 11-4439 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2 "d day of August, 2011, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 8°i day of August, 2011. Marian . Karr City Clerk \ord 410 EAST WASHINGTON STREET i IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 < FAX (319) 356 -5009 2� S11 Prepared by: Christina Kuecker, Assoc. Planner, 410 E. Washington St, Iowa City, IA; 319 -356 -5243 (REZ11- 00008) ORDINANCE NO. 11-44,19 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 0.69 ACRES OF PROPERTY LOCATED AT 1014, 1016, AND 1022 HUDSON AVENUE FROM MEDIUM DENSITY SINGLE FAMILY (RS -8) ZONE TO COMMUNITY COMMERCIAL (CC -2) ZONE. (REZ11- 00008) WHEREAS, Ranshaw Limited Partnership is the legal title holder of property located at 1022 Hudson Avenue, Iowa City, Iowa and Shirken LLC is the legal title holder of property located at 1014 and 1016 Hudson Avenue, Iowa City, Iowa; and WHEREAS, Ranshaw Limited Partnership has requested a rezoning of these properties from Medium Density Single Family (RS -8) zone to Community Commercial (CC -2) zone; and WHEREAS, the Comprehensive Plan indicates that the area is appropriate for general commercial uses; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for neighborhood compatibility, prevention of commercial traffic in the residential neighborhood, and screening between commercial and residential uses; 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, Renshaw Limited Partnership and Shirken LLC (collectively "the owners ") have agreed that the properties 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 -8 to CC -2: LOT 16, 17, 18, AND 10 OF BAILEY AND BECK'S ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 3, AT PAGE 161, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, EXCEPTING THEREFROM, ALL THAT PART OF SAID LOT 19 LYING SOUTHERLY OF A LINE BEGINNING AT A POINT N2 °38.5'W, 5.1 FT FROM THE SE CORNER OF SAID LOT 19, ON THE EAST LINE THERE OF; THENCE S88 °33.75'W, 124.5 FT.; THENCE N32 °53.5W, 23.2 FT TO A POINT N3 °09.5'W, 20.6 FT FROM THE SW CORNER OF SAID LOT 19, ON THE WEST LINE THEREOF. SAID RESULTANT TRACT OF LAND CONTAINS 0.69 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 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. ,?,6 Ordinance No. t 1 -4439 Page 2 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 Ranshaw Limited Partnership'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 2nd day of August , 2011. MAYOR� — ATTEST: d, CITY CLERK Approved by City Attorneys Office Sta.Ijl CORPORATE L, -L 9;6 Ordinance No. 11 -4439 Page 3 It was moved by Ba; i ey and seconded by Mims that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright First Consideration 6/21/201 Vote for passage: AYES: Champion, Dickens, Hayek, Mims, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. Second Consideration 7/512011 Vote for passage: AYES: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens. NAYS: None. ABSENT: None. Date published 8/11/2011 i Prepared by: Christina Kuecker, Assoc. Planner, 410 E. Washington St, Iowa City, IA; 319 - 356 -5243 (REZ11- 00008) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and among the City of Iowa City, Iowa, a municipal corporation (hereinafter "City ") and Ranshaw Limited Partnership and Shirken LLC (hereinafter collectively "Owners "). WHEREAS, Ranshaw Limited Partnership is the legal title holder of property located at 1022 Hudson Avenue, Iowa City, Iowa; and WHEREAS, Shirken LLC is the the legal title holderof property located at 1014 and 1016 Hudson Avenue, Iowa City, Iowa; and WHEREAS, the Owners have requested the rezoning of said properties from Medium Density Single Family (RS -8) to Community Commercial (CC -2) zone; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the need for neighborhood compatibility, prevention of commercial traffic in the residential neighborhood, and screening between commercial and residential uses, 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 Owners acknowledge that certain conditions and restrictions are reasonable to ensure the development of these properties is consistent with the Comprehensive Plan and the need for neighborhood compatibility, prevention of commercial traffic in the residential neighborhood, and screening between commercial and residential uses; and WHEREAS, the Owners agree to develop these properties 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. Ranshaw Limited Partnership and Shirken LLC collectively are the legal title holders of the property legally described as: LOT 16, 17, 18, AND 10 OF BAILEY AND BECK'S ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 3, AT PAGE 161, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, EXCEPTING THEREFROM, ALL THAT PART OF SAID LOT 19 LYING SOUTHERLY OF A LINE BEGINNING AT A POINT N2 °38.5'W, 5.1 FT FROM THE SE CORNER OF SAID LOT 19, ON THE EAST LINE THERE OF; THENCE S88 °33.75'W, 124.5 FT.; THENCE N32 °53.5W, 23.2 FT TO A POINT N3 °09.5'W, 20.6 FT FROM THE SW CORNER OF SAID LOT 19, ON THE WEST LINE THEREOF. SAID RESULTANT, TRACT OF LAND CONTAINS 0.69 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owners 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 (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, Owners agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. No curb cut shall be allowed on to Hudson Avenue; b. The building design and site plan shall be approved by the Staff Design Review Committee to ensure compatibility with the neighborhood and the following criteria: - A vegetative screen shall be planted along the northern boundary to the residential zone to complement the building design and soften the appearance of the northern elevation of any commercial building with use of ornamental or evergreen trees; - The north elevation of the commercial building shall be a more decorative wall than the wall of the adjacent existing strip commercial building, with use of such materials as a decorative masonry finish or a pattern within the masonry; - The Hudson Avenue elevation shall not be a blank wall, but rather shall have a more pedestrian - scaled building fagade with features such as windows, awnings, and bike and pedestrian access; - The storefront design shall incorporate the use of traditional building materials such as brick or wood. 4. The Owners 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 Owners 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. 6. 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 Owners acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owners 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 2 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 2nd day of CITY OF IOWA CITY Matthew J. Hayek, Mayor Attest: y. Mari n K. Karr, City Clerk Approved by: /� -City Attorney's 0 /D / CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 2011. By: `err ✓ter flii �Zt1.Gl�' ". ���t ,c��G' . By: RANSHAW LIMITED PARTNERSHIP By Kurt:.s R ns yaw, Partner This instrument was acknowledged before me on tlu4,us r" � , 2011 by Matthew J Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. C ON=D�AERT ��,l4y ColoNotary Public in and for the State of Iowa 7 (Stamp or Seal) Title (and Rank) LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 3 T6 On this day of l)A'\v: A.D. 2011, before me, the undersigp�rned, a NpQtary Public in and for the State of Iowa, personally appeared 14,4f, I. RJnS�Dw r �,'rlcv5hdw, to me personally known, who being by me duly sworn, did say thatt the person is pu"r-s (title) of in$btw 4.14tj ev, nc�S S `r Pr !l c and that said instrument was signed on behalf of the said limited liability r company by authority of its managers and the said (A£My ..� acknowledged the execution of d ins nt to be the voluntary act and deed of said limited liability company by it un )rily ut ?d. Q \A1S BENJAMIN RUN 1110HOLSOH o \ v PPy Cow [Ion Expiros Z] ~ i -pow Notary Pu tic i a d for the State of Iowa to Vi Commission #722035- My commission expires: PARTNERSHIP ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 5 day of _ �4� 2011, efore me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared iw/PS eit 1541itA ) , to me personally known, who being by me duly sworn, did say that the person is one of the partners of ar ,NqW bOlEb osan Iowa General /Limited Partnership, and that the instrument was signed on behalf of the partnership by authority of the partners; and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it, and by the partner voluntarily executed. zpeAL� MARY E. McCHRISTY COMMISSION # 145459 Notary P tic in and for the St to f Iowa ' ' MYCOMMIS lONEXPIRES rows My commission expires: 4 qV I IIIIIII IIIIII III (III) (IIII (IIII VIII (IIII VIII VIII (IIII VIII VIII (IIII IIII IIII Doc ID: 022263730006 Type: OEN Kind: RESOLUTION Recorded: 08/09/2011 at 01:08:16 PM Fee Amt: $32.00 Pace 1 of 6 Johnson Countv Iowa Kim Painter Countv 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. 11-249 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of August, 2011, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 5th day of August 2011. Marian k'-Karr City Clerk Ves 410 EAST' WASHINGTON STREE'1- • IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 • FAX (319) 356 -5009 P n 3e(8) Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356- 5030 RESOLUTION NO. 11 -249 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PARKING COVENANT FOR 328 EAST WASHINGTON STREET, IOWA CITY, IOWA WHEREAS, Center City, LLC, ( "Owner ") owns real estate located at 328 East Washington, Iowa City, Iowa, which it desires to redevelop; and WHEREAS, the Board of Adjustment granted Center City a special exception to allow certain parking requirements of the proposed development to be satisfied by acquiring nineteen (19) parking permits for the Chauncey Swan 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 328 East Washington 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 2nd day of August , 201. MAYOR ATTEST: 92 • �� CITY ERK Approved by l City Attorney's Office CORPORATE SEAL 13 Resolution No. Page 2 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: x x x x x x wpdata /glossary/resolution - ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright the Resolution be .�a Prepared by and Return to: C. Joseph Holland, 123 N. Liim St., Suite 300, Iowa City, IA 52245 (319)354 -0331 PARKING COVENANT WHEREAS, Center City LLC( "Owner ") owns real estate locally known as 328 East Washington St., Iowa City, Iowa, and legally described as: The West 30 feet of Lot 8 and the East 30 feet of Lot 7, Block 61, Iowa City, Iowa, according to the recorded plat thereof. (the "Property ") WHEREAS, Owner desires to construct multi- family residential housing on the Property; and, WHEREAS, in order to construct that multi - family residential housing 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 all of that parking; and, 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; and, WHEREAS, Jeff Clark acting on behalf of Owner submitted to the City of Iowa City an Application for Special Exception (EXC10- 00013); and, WHEREAS, at a meeting on April 13, 2011 the Board of Adjustment of the City of Iowa City granted the Special Exception allowing Owner to provide parking spaces in the municipally owned Chauncey -Swan Ramp; and, WHEREAS, the terms of that Special Exception need to be incorporated into a Covenant running with the Property; Page 1 of 3 ti� 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 at least 18, but no more than 19, of the parking spaces required for development of the Property by acquiring permits from the City of Iowa City in the Chauncey -Swan Ramp, 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 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. Owner shall provide to the City's Director of Transportation the name, address, and license plate number of all permit holders. 5. This Covenant shall run with the land and bind the Owner and Owner's successors in interest until modified by mutual agreement of the then Owner and the City of Iowa City. 6. The Owner shall record this Covenant in the office of the Johnson County, Iowa Recorder at the Owner's expense. Dated as of this Z *iday of July, 2011. Center City LLC by;/Jeff e M. Clark, Member and Manager STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this a17#1 day of July, Page 2 of 3 2011, by Jeffrey M. Clark, Member and Manager of Center , City LLC. .2 &m9iiatX0!/ e A'&k' Notary Pdbkic in an =UZANNBl Iowa o u _ C267 es o CITY OF IOWA CITY, IOWA STATE OF IOWA ) )ss: JOHNSON COUNTY ) By: A!qA & Matthew J. ay ,, Mayor By: //E e �� Mdri K. Karr, City Clerk CORPMATE SEAL On this day of August, 2011, 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. %3RE J,,dA. Fib Notary Public in and for the State of Iowa Page 3 of 3 SPECIAL EXCEPTION ITEMS: 1. EXCII -00004 : A public hearing on an application submitted by Wim and Kirk Murray for a special exception to reduce the rear principal building setback for property located in the Medium - Density, Single - Family Residential (RS -8) zone at 1026 Fairchild Street. The Board concludes that the situation is peculiar to the property based on the following findings: • As a square corner lot, either property line may be designated as the rear lot line, however, because the existing house is set so deeply into the lot that property is unable to provide a 20 -foot rear setback from either property line. • The setback from Center Street is 39 feet, more than 2 times the standard 15 -foot setback requirement. • The existing first -floor of the house is already established 12 feet from the rear property line, within the required 20 -foot rear setback. • The property is smaller than the typical lot in the zone —the subject lot is 4,900 square feet. The Board concludes that there is practical difficulty complying with the setback requirements based on the above findings and the following: • The deep setbacks from the street place some limitations on where an addition might be constructed. o A logical location for an addition would be above the existing first floor of the structure, however this portion of the structure is located within the required rear setback. The Board concludes that granting the special exception will not be contrary to the purpose of the setback regulations, based on the following findings: • The subject lot abuts the side of the adjacent property rather than the rear such that it functions as a side setback. • The surrounding neighborhood is characterized by small lots with densely built housing —it is not unusual for homes in the immediate area to have side setbacks of 10 feet or less. • The footprint of the house will not change at the ground level —it will retain a 12 foot setback. • The proposed addition is located above the existing first floor of the house and cantilevers out 2 feet beyond the existing north wall of the house • The house is modest in size and the proposed addition would add just 143 square feet of living area. Doc ID: 022281090003 Type: OEN Kind: DECISION Recorded: 08/25/2011 at 03:28:38 PM Fee Amt: $17.00 Pace 1 of 3 Johnson Countv Iowa Kim Painter Countv Recorder BK4796 PD556 -560 Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 311 DECISION IOWA CITY BOARD OF ADJUSTMENT'S WEDNESDAY, August 17, 2011 .>mniaa� EMMA J. HARVAT HALL c'0• N q ! MEMBERS PRESENT: Caroline Sheerin, Barbara Eckstein, Brock Grenis, Adam Plagge, William JebniRs STAFF PRESENT: Sarah Holecek, Sarah Walz, Nick Benson��'' N OTHERS PRESENT: Wim Murray, Kirk Murray, Lee Eno, Julie Riggert, Annie Pedersen, R. i :} R. Mt. Vernon (name illegible) SPECIAL EXCEPTION ITEMS: 1. EXCII -00004 : A public hearing on an application submitted by Wim and Kirk Murray for a special exception to reduce the rear principal building setback for property located in the Medium - Density, Single - Family Residential (RS -8) zone at 1026 Fairchild Street. The Board concludes that the situation is peculiar to the property based on the following findings: • As a square corner lot, either property line may be designated as the rear lot line, however, because the existing house is set so deeply into the lot that property is unable to provide a 20 -foot rear setback from either property line. • The setback from Center Street is 39 feet, more than 2 times the standard 15 -foot setback requirement. • The existing first -floor of the house is already established 12 feet from the rear property line, within the required 20 -foot rear setback. • The property is smaller than the typical lot in the zone —the subject lot is 4,900 square feet. The Board concludes that there is practical difficulty complying with the setback requirements based on the above findings and the following: • The deep setbacks from the street place some limitations on where an addition might be constructed. o A logical location for an addition would be above the existing first floor of the structure, however this portion of the structure is located within the required rear setback. The Board concludes that granting the special exception will not be contrary to the purpose of the setback regulations, based on the following findings: • The subject lot abuts the side of the adjacent property rather than the rear such that it functions as a side setback. • The surrounding neighborhood is characterized by small lots with densely built housing —it is not unusual for homes in the immediate area to have side setbacks of 10 feet or less. • The footprint of the house will not change at the ground level —it will retain a 12 foot setback. • The proposed addition is located above the existing first floor of the house and cantilevers out 2 feet beyond the existing north wall of the house • The house is modest in size and the proposed addition would add just 143 square feet of living area. a The proposed height of the north - facing windows is 5'6" to the sill and the windows will not open and will have glass that allows light in but not views out. 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 submitted site plan and elevations show an addition that is designed to complement the architecture of the original house, matching the existing roofline and pitch and using wood siding. o The proposed windows are mounted at a height of 5'6" and will not open and will have glass that allows light in but not views out. ti� N I_ ' N ti� The Board concludes that the application satisfies the general standards based on the findings above along with the following: The proposed addition would be located 10 feet from the rear (north) property line and 5 feet from the side (west) property line and the ground level setbacks would remain unchanged. The subject neighborhood is fully developed with all necessary utilities, access roads, drainage and other facilities in place. In order to secure a building permit, the applicant must submit a site plan to the building official at which time the plan will be reviewed to ensure conformance with all other zoning requirements. The Comprehensive Plan encourages re- investment in Iowa City's older neighborhoods DISPOSITION; By a vote of 5 -0 the Board approves EXC11- 00004, a special exception to reduce the rear setback requirement for the principal structure from 20 feet to 10 feet, subject to the following cc(nnJitions: 1. The setback reduction applies to the proposed addition only; w 2. Substantial compliance with the site plan and elevations submitted by the contractoi`, 3. North Facing windows will be mounted at a height of 5'6" and will not open; I C 4. The window glass will be translucent to allow light in but not views out —to be approIT9 staff? TIME LIMITATIONS: " . tv 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 ection 14- 8C -1E, Cit of Iowa City, Iowa. LClty ozab Caroline Sheerin, C airperson drne y' frice 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 special meeting on the 17th day of August, 2011, as the same appears of record in my Office. Dated at Iowa City, this c� S day of lG C 2011 Mari t -K. Karr, City Clerk tiA Doc ID: 022302370114 Type; OEN Kind: SUBDIVISION Recorded: 09/22/2013 at 03:22:10 PM Fee Amt: $572.00 Page 1 of 114 l i Johnson County Iowa John Painter County Recorder , QUILL BK4805 P0656 -769 7� CITY OF IOWA CITY C410 East Washington ton Slreel Iowa City, Iowa 532401816 (3 191 356 -5000 STATE OF IOWA ) a 19l 356 -5009 FAX "mIC8ov.0,8 ) 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. l 1 -257, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of August, 2011, all as the same appears of record in my office. Also attached are the final legal documents for Rochester Ridge Part One, Iowa City, Iowa as follows: I. Attorney's Title Opinion 2. Treasurer's Certificate 3. Auditor's Certificate 4. Water Main Agreement 5. Landscape Buffer Easement Agreement 6. Off Site Sanitary Sewer Easement Agreement 7. Off Site Storm Sewer and Drainage Easement Agreement 8. Off Site Water Main Easement Agreement 9. Owners Certificate 10. Public Access Easement Agreement 11. Sanitary Sewer Easement Agreement 12. Storm Sewer and Drainage Easement Agreement 13. Stormwater Detention Facility Easement Agreement 14. Subdivider's Agreement 15. Temporary Construction Easement Agreement 16, Underground Utility Easement Agreement Dated at Iowa City, Iowa, this 4) day of _,�O11. Marian Karr City Clerk fires subdivision 5f Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356- 5240(SUB11- 00008) RESOLUTION NO. 11 -25q RESOLUTION APPROVING FINAL PLAT OF ROCHESTER RIDGE PART ONE, IOWA CITY, IOWA. WHEREAS, the owners, the Robert W. Stevens Revocable Trust and the Dorothy L. Stevens Revocable Trust, Shirley A. Connor, Judith Gabriel, Robert W. Stevens and James E. Stevens ,and the Applicant, Rochester Ridge LLC filed with the City Clerk the final plat of Rochester Ridge Part One, 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 313 of Oakwoods Addition Part 6, in accordance with the Plat thereof Recorded in Plat Book 10 at Page 67, of the Records of the Johnson County Recorder's Office; Thence S88 °53'41 "W, along the North Line of Oakwoods Addition Part 6B, in accordance with the Plat thereof Recorded in Plat Book 14, at Page 19, of the Records of the Johnson County Recorder's Office, a distance of 238.26 feet, to the Northwest Corner thereof and the Northeast Corner 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 the North Line of said Oakwoods Addition Part 7, a distance of 165.07 feet; Thence N01 004'55 "W, 27.12 feet; Thence Northwesterly, 99.54 feet along a 313.00 foot radius curve, concave Southwesterly, whose 99.12 foot chord bears N10 °11'33 "W; Thence N19 °18'11 "W, 41.20 feet; Thence Northwesterly, 74.60 feet along a 363.00 foot radius curve, concave Northeasterly, whose 74.47 foot chord bears N13 °24'57 "W; Thence N82 028'18 "E, 114.00 feet; Thence N30 °51'13 "E, 35.46 feet; Thence N01 °02'46 "W, 28.00 feet; Thence N08 °51'25 "W, 97.49 feet; Thence N18 °37'06 "W, 101.84 feet; Thence N46 °11'28 "W, 156.79 feet; Thence S88 °55'42 "W, 153.28 feet; Thence S87 046'03 "W, 62.51 feet; Thence S89 °47'16 "W, 70.00 feet; Thence S00 °12'44 "E, 59.97 feet; Thence S89 °47'16 "W, 70.00 feet; Thence N00 °12'44 "W, 5.00 feet; Thence S89 °47'16 "W, 118.50 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, 357.80 feet, to the Northeast Corner thereof, and a Point on the Northerly Line of the Parcel Depicted on the "Road Right -of -Way Re- establishment Plat" as Recorded in Plat Book 54, at Page 300, of the Records of the Johnson County Recorder's Office; Thence N75 °00'31 "E, along said Northerly Line, 135.12 feet; Thence N70 °42'29 "E, along said Northerly Line, 440.23 feet; Thence S19 °17'31 "E, 262.00 feet; Thence S70 042'29 "W, 4.85 feet; Thence S19 017'31 "E, 72.23 feet; Thence S00 °20'58 "E, 141.90 feet; Thence S48 °14'36 "E, 107.60 feet; Thence S89 026'18 "W, 219.11 feet, to a Point on the West Line of said Oakwoods Addition Part 6; Thence S00 °33'42 "E, along said West Line, 551.54 feet, to the Point of Beginning. Said Tract of land contains 10.93 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 j) Resolution No. 11_257 Page 2 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 Applicant. Passed and approved this 2nd day of August 2011. MAYOR Approved by ATTEST: ?/ I of �- CITY OLERK ` City Attorney's Office tib7h/ It was moved by Bailey and seconded by Gbamnian the Resolution be adopted, and upon roll call there were: AYES: X— X— x X X X X NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright pcd /templates /Final PIA - ResoMion.doc.doc V" Prepared by: Lars G. Anderson, 123 N. Luui St., Suite 300, P.O. Box 2820, Iowa City, 1A 52244, (319) 354 -0331 ATTORNEY'S TITLE OPINION Re: Rochester Ridge Part One located in Iowa City, Johnson County, Iowa, and legally described as follows: Beginning at the Southwest Corner of Lot 313 of Oakwoods Addition Part 6, in accordance with the Plat thereof Recorded in Plat Book 10 at Page 67, of the Records of the Johnson County Recorder's Office; Thence S88 °53'41 "W, along the North Line of Oakwoods Addition Part 6B, in accordance with the Plat thereof Recorded in Plat Book 14, at Page 19, of the Records of the Johnson County Recorder's Office, a distance of 238.26 feet, to the Northwest Corner thereof and the Northeast Corner 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 the North Line of said Oakwoods Addition Part 7, a distance of 165.07 feet; Thence NO1 004155 11W, 27.12 feet; Thence Northwesterly, 99.54 feet along a 313.00 foot radius curve, concave Southwesterly, whose 99.12 foot chord bears N10 011133 "W; Thence N19 °18'11 "W, 41.20 feet; Thence Northwesterly, 74.60 feet along a 363.00 foot radius curve, concave Northeasterly, whose 74.47 foot chord bears N13 °24157 "W; Thence N82 °28118 "E, 114.00 feet; Thence N30 051113 "E, 35.46 feet; Thence NO1 002146 "W, 28.00 feet; Thence N08 051125 "W, 97.49 feet; Thence N18 037'06 "W, 101.84 feet; Thence N46 011128 11W, 156.79 feet; Thence S88 °55'42 "W, 153.28 feet; Thence S87 °46'03 "W, 62.51 feet; Thence S89 047116 11W, 70.00 feet; Thence S00 012144 "E, 59.97 feet; Thence S89 °47'16 "W, 70.00 feet; Thence N00 °12'44 "W, 5.00 feet; Thence S89 047'16 "W, 118.50 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 Ifil N00 °12'44 "W, along said East Line, 357.80 feet, to the Northeast Corner thereof, and a Point on the Northerly Line of the Parcel Depicted on the "Road Right -of -Way Re- establishment Plat" as Recorded in Plat Book 54, at Page 300, of the Records of the Johnson County Recorder's Office; Thence N75 °00'31 "E, along said Northerly Line, 135.12 feet; Thence N70 042129 "E, along said Northerly Line, 440.23 feet; Thence S19 017131 "E, 262.00 feet; Thence S70 042'29 "W, 4.85 feet; Thence S19 017131 "E, 72.23 feet; Thence S00 020'58 "E, 141.90 feet; Thence S48 °14'36 "E, 107.60 feet; Thence S89 °26'18 "W, 219.11 feet, to a Point on the West Line of said Oakwoods Addition Part 6; Thence S00 °33'42 "E, along said West Line, 551.54 feet, to the Point of Beginning. Said Tract of land contains 10.93 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 to the above - described property being Security Abstract Company, Abstract No. 105228. The abstract of title has been continued to June 21, 2011, and as of that date the abstract shows that fee title to the above - described property is in The Trustee of the Dorothy L. Stevens Revocable Trust dated February 3, 1995; Trustee of the Robert L. Stevens Revocable Trust dated February 3, 1995; Shirley A. Connor; Judy L. Gabriel; Robert W. Stevens, Jr.; and, James E. Stevens. I further certify that except as above stated the property is free from encumbrance. Dated as of this a�n day of August, 2011. �,7� S C_ /La -rslG. Anderson V Prepared by Lars G Anderson 123 N. Linn 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. Beginning at the Southwest Corner of Lot 313 of Oakwoods Addition Part 6, in accordance with the Plat thereof Recorded in Plat Book 10 at Page 67, of the Records of the Johnson County Recorder's Office; Thence S88 053141 "W, along the North Line of Oakwoods Addition Part 6B, in accordance with the Plat thereof Recorded in Plat Book 14, at Page 19, of the Records of the Johnson County Recorder's Office, a distance of 238.26 feet, to the Northwest Corner thereof and the Northeast Corner 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 the North Line of said Oakwoods Addition Part 7, a distance of 165.07 feet; Thence N01 004155 "W, 27.12 feet; Thence Northwesterly, 99.54 feet along a 313.00 foot radius curve, concave Southwesterly, whose 99.12 foot chord bears N10 °11'33 "W; Thence N19 018'11 "W, 41.20 feet; Thence Northwesterly, 74.60 feet along a 363.00 foot radius curve, concave Northeasterly, whose 74.47 foot chord bears N13024 157"W; Thence N82 °28'18 "E, 114.00 feet; Thence N30 °51'13 "E, 35.46 feet; Thence N01 002146 "W, 28.00 feet; Thence N08 051125 "W, 97.49 feet; Thence N18 037'06 "W, 101.84 feet; Thence N46 °11'28 "W, 156.79 feet; Thence S88 055142 "W, 153.28 feet; Thence S87 °46'03 "W, 62.51 feet; Thence S89 047116 11W, 70.00 feet; Thence S00 012144 "E, 59.97 feet; Thence S89 °47'16 "W, 70.00 feet; Thence N00 012'44 "W, 5.00 feet; Thence S89 °47'16 "W, 118.50 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, 357.80 feet, to the Northeast Corner thereof, and a Point on the Northerly Line of the Parcel Depicted on the "Road Right -of -Way Re- establishment Plat" as Recorded in Plat Book 54, at Page 300, of the Records of the Johnson County Recorder's Office; Thence N75 000131 "E, along said Northerly Line, 135.12 feet; Thence N70 042'29 "E, along said Northerly Line, 440.23 feet; Thence S19 °17'31 "E, 262.00 feet; Thence S70 °42'29 "W, 4.85 feet; Thence S19 017131 "E, 72.23 feet; Thence S00 020158 "E, 141.90 feet; Thence S48 °14'36 "E, 107.60 feet; Thence S89 026118 "W, 219.11 feet, to a Point on the West Line of said Oakwoods Addition Part 6; Thence S00 °33'42 "E, along said West Line, 551.54 feet, to the Point of Beginning. Said Tract of land contains 10.93 Acres, and is subject to easements and restrictions of record. Dated as of this )) A- day of August, 2011. Thomas L. Kriz, County Treasurer by: Parcel #: 10)a ), Zaor) l) Iola )sa 6Q5 i o ) a )saooLy Deputy �G Prepared by' Lars G Anderson 123 N Linn 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 One with reference to the property described below as of the date of this certificate. Beginning at the Southwest Corner of Lot 313 of Oakwoods Addition Part 6, in accordance with the Plat thereof Recorded in Plat Book 10 at Page 67, of the Records of the Johnson County Recorder's Office; Thence S88 °53141 "W, along the North Line of Oakwoods Addition Part 6B, in accordance with the Plat thereof Recorded in Plat Book 14, at Page 19, of the Records of the Johnson County Recorder's Office, a distance of 238.26 feet, to the Northwest Corner thereof and the Northeast Corner 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 the North Line of said Oakwoods Addition Part 7, a distance of 165.07 feet; Thence N01 004155 11W, 27.12 feet; Thence Northwesterly, 99.54 feet along a 313.00 foot radius curve, concave Southwesterly, whose 99.12 foot chord bears N10 011133 "W; Thence N19 018'11 "W, 41.20 feet; Thence Northwesterly, 74.60 feet along a 363.00 foot radius curve, concave Northeasterly, whose 74.47 foot chord bears N13 024157 "W; Thence N82 °28'18 "E, 114.00 feet; Thence N30 °51'13 "E, 35.46 feet; Thence N01 002'46 "W, 28.00 feet; Thence N08 051125 11W, 97.49 feet; Thence N18 037106 "W, 101.84 feet; Thence N46 011128 "W, 156.79 feet; Thence S88 055142 11W, 153.28 feet; Thence S87 °46'03 "W, 62.51 feet; Thence S89 047116 11W, 70.00 feet; Thence S00 °12'44 "E, 59.97 feet; Thence S89 047'16 "W, 70.00 feet; Thence N00 °12'44 "W, 5.00 7/� feet; Thence S89 047116 "W, 118.50 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, 357.80 feet, to the Northeast Corner thereof, and a Point on the Northerly Line of the Parcel Depicted on the "Road Right -of -Way Re- establishment Plat" as Recorded in Plat Book 54, at Page 300, of the Records of the Johnson County Recorder's Office; Thence N75 °00'31 "E, along said Northerly Line, 135.12 feet; Thence N70 042'29 "E, along said Northerly Line, 440.23 feet; Thence S19 °17'31 "E, 262.00 feet; Thence S70 °42'29 "W, 4.85 feet; Thence S19 017131 "E, 72.23 feet; Thence S00 020158 "E, 141.90 feet; Thence S48 °14'36 "E, 107.60 feet; Thence S89 026118 "W, 219.11 feet, to a Point on the West Line of said Oakwoods Addition Part 6; Thence S00 033'42 "E, along said West Line, 551.54 feet, to the Point of Beginning. Said Tract of land contains 10.93 Acres, and is subject to easements and restrictions of record. Dated as of this 112-i day of August, 2011. Thoma /j�kett, County uditor by: Deputy 10 Prepared by and Return to: Lars G. Anderson P.O. Box 2820 Iowa City IA 52245 (319)354-0331 WATER MAIN AGREEMENT ROCHESTER RIDGE PART ONE - IOWA CITY, IOWA THIS AGREEMENT made by and between Shirley A. Connor and Robert Connor, wife and husband, Judith L. Gabriel and Ronald Gabriel, wife and husband, Robert W. Stevens and Cindi Stevens, husband and wife, and James E. Stevens, a single person, Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust by Shirley A..Connor as successor trustee to both trusts, hereinafter collectively 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 and Subdivider hereby grant and convey to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such water liens, 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 "Utility Easement" or "Util Ease" on the Final Plat of Rochester Ridge Part One - Iowa City, Iowa, hereafter described as "10.00' Utility Easement ", "10.00' Utility and Storm Sewer Easement ", 1115.00' Utility, Sanitary and Storm Sewer Easement ", "20.00' Utility and Sanitary Sewer Easement ", and "10.00' Utility and Sanitary Sewer Easement ", as located within the Subdivision. Owner and Subdivider further grant 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 and 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. Owner and Subdivider reserve 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 and 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 and Subdivider do 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 and 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 and 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 J day of August, 2011. 2 �d� . I'' OWNERS: Shirley A. Connor Robert Connor STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Shirley A. Connor and Robert Connor, wife and husband. (Stamp or Seal) i udith L. G briel STATE OF FLORIDA ) ) ss: COUNTY ) Notary Public in and for the State of Iowa Ronald Gabriel This.'nstrument was acknowledged before me on the day of August, 20 a�Ju i R&RESCfart6h nd Ronald Gabriel, wife and husband. 1 P"blic. State of Flodda `- (S m r Sea$Om:sslan#DD0243S4 hfy Comm. expires Sept 18, 2013 Notary Publ' n and for the State of'Elor )da Robert W. Stevens STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Cindi Stevens This instrument was acknowledged before me on the day of August, 2011 by Robert W. Stevens and Cindi Stevens, husband and wife. (Stamp or Seal) Notary Public in and for the State of Iowa James E. Stevens STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by James E. Stevens, a single person. 3 2111 OWNERS: Shirley I onnor Robert Connor KRYSTLE J BECKER Commission Number 764208 STATE OF IOWA ) K My Commission Expires ss: 100 Aug. 20, 2013 JOHNSON COUNTY ) 1 This instrument was acknowledged before me on the r� day of August, 2011 by Shirley A. Connor and Robert Connor, wife and husband. (Stamp or Seal) Judith L. Gabriel STATE OF FLORIDA ) ) ss: COUNTY ) Notary l-fublicnin qi), for the State of Iowa Ronald Gabriel This instrument was acknowledged before me on the day of August, 2011 by Judith L. Gabriel and Ronald Gabriel, wife and husband. (Stamp or Seal) Robert W. Stevens STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Notary Public in and for the State of Florida Cindi Stevens This instrument was acknowledged before me on the day of August, 2011 by Robert W. Stevens and Cindi Stevens, husband and wife. (Stamp or Seal) Notary Public in and for the State of Iowa James E. Stevens STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by James E. Stevens, a single person. 3 26 OWNERS: Shirley A. Connor Robert Connor STATE OF IOWA ) ) SS: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Shirley A. Connor and Robert Connor, wife and husband. (Stamp or Seal) Notary Public in and for the State of Iowa Judith L. Gabriel Ronald Gabriel STATE OF FLORIDA ) ss: COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Judith L. Gabriel and Ronald Gabriel, wife and husband. (Stamp or Seal) Robert Stevens STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Notary Public in and f/or the State of Florida Cindi Stevens This instrument was acknowledged before me on the � k\ day of August, 2011 by Robert W. Stevens and Cindi Stevens, husband and wife. (Stam or Seal oa" SUSAN GERECZ Commission Number 184049 My Commission Expires o April 10, 2014 STATE OF IOWA ss: JOHNSON COUNTY Notary Public in and for the State of Iowa ,Zames E. Stevens "— This instrument was acknowledged before me on the day of August, 2011 by James E. Stevens, a single person. K, es°' "r SUSAN GERECZ Commission Number 784049 My Commission Expires (Stamp or Apri110, 2074.5'G`i,/\ �, /LS l -`Z_. Notary Public in and for the state of Iowa Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust By: Shirley A. Connor as Successor Trustee STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Shirley A. Connor, as Successor Trustee for the Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust. (Stamp or Seal) Notary Public in and for the State of Iowa M (Stamp or Seal) Notary Public in and for the State of Iowa Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust A A A /l I By: Shirlq A. Connor as Successor Trustee STATE OF IOWA ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Shirley A. Connor, as Successor Trustee for the Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust. (S KRYSTLEJ BECKER Notary Publ in a for the State of Iowa Commission Number 764298 My Commission Expires rows Aug. 20, 2013 4 qs" SUBDIVIDER: ROCHESTER RIDGE LLC by: Jess: A11e , Member and Manager State of Iowa ) ss: Johnson County ) This instrument acknowledged before me this 31'j day of August, 2011 by Jesse Allen, Member and Manager of Roches �' er Rid LL(C�.t y (stamp or LARS G. ANDERSON i Commission Number 180422 Notary,' in and for the State of Iowa My Commission Expires I* o I July 25, 2013 CITY OF IOWA CITY, IOWA by: Matthew J. Hayek, ftayor ATTEST /Y ✓> 9 p % MaAan Karr, City Clerk State of Iowa ) )ss: Johnson County ) �Z�{e✓�t�� f This instrument acknowledged before me this day of Aug1asty 2011 by Matthew J. Hayek and Marian Karr, Mayor and City Clerk respectively of the City of Iowa City, Iowa. (stamp or seal) pt�y t s KEI -LIE K. TUTTLE o / � -- �Commisslon Number 271819 I my Co y r cxP�re�s /�C � /-i Lt, #CCU Notary Public in and for the State of Iowa 5 lc� Prepared by and return to.: Lars G Anderson 123 N Linn St., Suite 300 Iowa City IA 52245 (319)354-033 1 LANDSCAPE BUFFER EASEMENT ROCHESTER RIDGE PART ONE - IOWA CITY, IOWA In consideration of the approval of the Final Plat of Rochester Ridge Part One, Iowa City, Iowa, the undersigned as Owners and Subdivider hereby reserve to themselves and their assigns a perpetual easement upon, over, under, along and across the areas marked on the Final Plat of Rochester Ridge Part One, Iowa City, Iowa, as a "30.00' Landscape Buffer Easement" for the purpose of planting and maintaining a mixture of coniferous and deciduous vegetation. This reserved easement shall include the right to plant, install, lay, construct, reconstruct, renew, treat, care for, and maintain any and all plantings required by the City of Iowa City as part of the approval of Rochester Ridge Part One - Iowa City, No permanent dwellings structures or fences shall be placed on the areas so designated for Landscape Buffer Easement, however the same may be used purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. The easement reserved herein may be assigned to the Rochester Ridge Homeowners Association and may not be terminated without the written approval of the City of Iowa City, Iowa. Dated this day of August, 2011 ,t Zf OWNERS: Shirley A. Connor Robert Connor STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this day of August, 2011, by Shirley A. Connor and Robert Connor, wife and husband. (Stamp or Seal) Notary Public in and for the State of Iowa S Judith L. Gabriel Ronald Gabriel STATE OF FLORIDA ) )ss: COUNTY ) C� This instrument acknowledged before me this l(� _ day of August, 2011, by Judith L. Gabriel and Ronald Gabriel, wife and husband. (Sta np �yorpG ®S a�,{>f,RgdREi'L.TI €RNRY �\ k NotarYPublic, State ofFlorida Notary P is in and for the` State`�`-�V,,f CornnilssionpbD924354 Florida \__..- T My COIMr. expfree Sept. 10, 2013 Robert W. Stevens Cindi Stevens STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this day of August, b d 2011, by Robert W. Stevens and Cindi Stevens, husband an wife. (Stamp or Seal) Notary Public in and for the State of Iowa ���iJ OWNERS: Shirley A. Connor Robert Connor STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this day of August, 2011, by Shirley A. Connor and Robert Connor, wife and husband. (Stamp or Seal) Notary Public in and for the State of Iowa Judith L. Gabriel Ronald Gabriel STATE OF FLORIDA ) )ss: COUNTY ) This instrument acknowledged before me this day of August, 2011, by Judith L. Gabriel and Ronald Gabriel, wife and husband. (Stamp or Seal) (A U "4:0: bert W. Stevens STATE OF IOWA ) )ss: JOHNSON COUNTY ) "UUULy runliC in ana tor the State of Florida L- ( �/ /%,5 �: " t_1 Cindi Stevens This instrument acknowledged before me this 4r k day of August, 2011, by Robert W. Stevens and Cindi Stevens, husband and wife. (Stamp or Seal) SdJ (Du/�' Notary Public in and for the State of W l SUSAN GERECZ Iowa Commission Number 184049 My Commission ExpireS April 10, 2014 r OWNERS: Shirley A Ednnor STATE OF IOWA ) ) ss: owe JOHNSON COUNTY ) Robert Connor KRYSTLE J BECKER Commission Number 764298 My Commission Expires Au9.20,2013 This instrument acknowledged before me this I day of August, 2011, by Shirley A. Connor and Robert Connor, i �a d husband. (Stamp or Seal) li` Notary Pu li, and for the State of Iowa Judith L. Gabriel Ronald Gabriel STATE OF FLORIDA ) )ss: COUNTY ) This instrument acknowledged before me this day of August, 2011, by Judith L. Gabriel and Ronald Gabriel, wife and husband. (Stamp or Seal) Robert W. Stevens STATE OF IOWA ) )ss: JOHNSON COUNTY ) Notary Public in and for the State of Florida Cindi Stevens This instrument acknowledged before me this day of August, 2011, by Robert W. Stevens and Cindi Stevens, husband and wife. (Stamp or Seal) Notary Public in and for the State of Iowa /)( t IV James E. Stevens STATE OF IOWA ) )Ss: JOHNSON COUNTY ) This instrument acknowledged before me this day of August, 2011, by James E. Stevens. (Stamp or Seal) Notary Public in and for the State of Iowa Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust JAJ, �L by: Shirle A. Connor as Successor Trustee STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument acknowledged before me this day of August, 2011, by Shirley A. Connor as Successor Trustee of the Robert W. Stevens Revocable Trust and the Dorothy L. St ens Revocable Trust. (Stam - 4 n� KRYSTtE J 8ECKER Notary Pu i In and for the State of Commission Number 7647.98 Y My Commission Fxpires Iowa rOwx Aug.20, 2013 C� f� ames E. Stevens STATE OF IOWA ) )Ss: JOHNSON COUNTY ) This instrument acknowledged before me this t day of August, 2011, by James E. Stevens. (Stamp or Se Public in and for the State of Iowa Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust by: Shirley A. Connor as Successor Trustee STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this day of August, 2011, by Shirley A. Connor as Successor Trustee of the Robert W. Stevens Revocable Trust and the Dorothy L. Stevens Revocable Trust. (Stamp or Seal) Notary Public in and for the State of Iowa )01 SUBDIVIDER: ROCHESTER RIDGE LLC by: J .se A, len, Member and Manager STATE OF IOWA ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the 31') day of August, 2011 by Jesse Allen, Member and Manage (Stamp or Seal) O,few LARSG.ANDERSO Comm(ssbnNamber18D4 tary ublic in and for the State of Iowa My Commission Expires CITY OF IOWA CITY, IOWA by: Matthew J. Hayek, Mayor State of Iowa ATTEST Marian Karr, City Clerk ) ss: Johnson County ) This instrument acknowledged before me this C�Vyl- day of AA+gtts-t, 2011 by Matthew J. Hayek and Marian Karr, Mayor and City Clerk respectively of the City of Iowa City, /Iowa. (stamp or sea L) - gent KELLIE .""'X'2 z °O {F1; commission Dlum�er 221819 Notary Public in and for the State of Iowa r;a My Cozmm-�Q%� ExJ'�rQs r' Preparer I.D.: Lars G. Anderson, 123 N Lim St Suite 300 P.O. Box 2820 Iowa City, IA 52244-2820,(319)354-0331 OFF SITE SANITARY SEWER EASEMENT AGREEMENT ROCHESTER RIDGE PART ONE - IOWA CITY, IOWA THIS AGREEMENT made by and between Shirley A. Connor and Robert Connor, wife and husband, Judith L. Gabriel and Ronald Gabriel, wife and husband, Robert W. Stevens and Cindi Stevens, husband and wife, and James E. Stevens, a single person, Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust by Shirley A. Connor as successor trustee to both trusts, hereinafter collectively 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 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 "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 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 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 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. 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 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 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 and 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 August, 2011. OWNERS: LZe 1 L1-V Shirley A. Connor STATE OF IOWA ) )ss: JOHNSON COUNTY ) Robert Connor This instrument acknowledged before me this W" day of August, 2011, by Shirley A. Connor and Robert �onnor, wife an husband. (Stamp or Seal) KRYSTLE J BECKER Notary Pub is i and for the State of r p'FA Commission Number 764298 Iowa bati My Commission Expires rows Aug. 20, 2013 dV"l7 Judith L. Gabriel Ronald Gabriel STATE OF FLORIDA ) )ss: COUNTY ) This instrument acknowledged before me this day of August, 2011, by Judith Gabriel and Ronald Gabriel, wife and husband. (Stamp or Seal) Robe r` W. Stevens STATE OF IOWA ) )ss: JOHNSON COUNTY ) Notary Public in and for the State of Florida Uj- Stevens This instrument acknowledged before me this '( day of August, 2011, by Robert W. Stevens and Cindi Stevens, husband and wife. (Stamp or SUSANGERECZ Commission Number 184049 W. My Commission Fission xpires Notary Public in and for the State of Iowa ames E. Stevens STATE OF IOWA ) as: JOHNSON COUNTY ) t� This instrument acknowledged before me this day of August, 2011, by Jame' 4ta .anG *21 SUSAN GERECZ (Starr or Se Commission Number 184049 p My Commission Expires �✓� Apn'10,2014 j4otary Public in Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust by: Shirley A. Connor as Successor Trustee for the state of Iowa , rudith L,l Gabriel STATE OF FLORIDA ) )Ss: COUNTY ) 1 Ronald Gabriel This instrument acknowledged before me this L( day of August, 2011, by Judith Gabriel and Ronald Gabriel, wife and husband. (Starr or �e 1)MARGARETLTIERNEY NotarY Public, State ofFlodda Notary P _ )Lis in and for th State�of GommissionADD924354 Florida \l My Gomm. ezpiraa Sept, 10, 2013 Robert W. Stevens STATE OF IOWA ) )ss: JOHNSON COUNTY ) Cindi Stevens This instrument acknowledged before me this day of August, 2011, by Robert W. Stevens and Cindi Stevens, husband and wife. (Stamp or Seal) Notary Public in and for the State of Iowa James E. Stevens STATE OF IOWA ) )SS: JOHNSON COUNTY ) This instrument acknowledged before me this day of August, 2011, by James E. Stevens. (Stamp or Seal) Notary Public in and for the State of Iowa Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust by: Shirley A. Connor as Successor Trustee th L. Gabriel Ronald Gabriel STATE OF FLORIDA ) )ss: COUNTY ) This instrument acknowledged before me this day of August, 2011, by Judith Gabriel and Ronald Gabriel, wife and husband. (Stamp or Seal) Robert W. Stevens STATE OF IOWA ) )ss: JOHNSON COUNTY ) Notary Public in and for the State of Florida Cindi Stevens This instrument acknowledged before me this day of August, 2011, by Robert W. Stevens and Cindi Stevens, husband and wife. (Stamp or Seal) Notary Public in and for the State of Iowa James E. Stevens STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this day of August, 2011, by James E. Stevens. (Stamp or Seal) Notary Public in ana for the state or Iowa Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust by: Shirley y'Conior as Successor Trustee STATE OF IOWA )ss: JOHNSON COUNTY ) yp� This instrument acknowledged before me this day of August, 2011, by Shirley A. Connor as Successor Trustee of the Robert W. Stevens Revocable Trust and the Dorothy L. Stevens Revoc ble Trust. (Stamp or Seal) Notary Pul is 'n and fo the State of KRYME J BECKER Iowa F �' Commission Number 764298 my Commission Expires 10%� Aug.20, 2013 CI ii lr SUBDIVIDER: ROCHESTER RIDGE LLC by: Jesqy All , Member and Manager STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the 3d day of August, 2011 by Jesse Allen, Member and Man ger. LARS G.ANDERSON (Stamp or Se Commission Number 180422 / My Commission Expires Notary] Public in and for the State of Iowa July 25, 2013 f' CITY OF IOWA CITY, IOWA ATTEST by: Matthew J. Hayek, Mayor Mari�an Karr, City Clerk State of Iowa ) )ss: Johnson County ) This instrument acknowledged before me this day ofA, 2011 by Matthew J. Hayek and Marian Karr, Mayor and City Clerk respectively of the City of Iowa City, Io�wa.a. / (stamp or seal _6C ut KELLIEK.Iber Co j<ELLon K.- fUr221819 Notary Public in and for the State of Iowa z „�y C0�w Expires �l1 -PREPP ED BY µD RETURN � TIffO��^! fMII MS s nO F-= I,o r to �: -I GH . �6seacs's 1DGD' INC. 5 14t C STREET SW. SUITE - I ......as5.m 1 _ Nea-sSe'w T 1 SANITARY SEWER EASEMENT 2$216 sP `p O o� g1 1 1 z 68'` M 00 zi P4 / LaDDffl� < w Av�wANCE ore mE ', nr ow-. c THE N LEGEND AND NOTES F - CONCRE9EIONAl- CORNEA. E UNO - CONCRE9510NA, CMNR. Ruerot115NED 0 - CCNCRESSIONAL CORNER. RECORDED LOCATION - PRDPFRTY CORNER(5). F011N0 (aa noted) G - (OZi ' WRNERS SET (SaM•o aL +��1 'Kil v. lilno4e L9 cop - - ---- --- ---- -- - PRDER@ /ar BO SS 10NL MOTION U NS RMHT- D£ -YAY INIM CENTER LINES - Lai uwq mEA Tre, - LOT JkM PLAT11M OR of DIED --- - - - - -- EASWENT TINES. MD14 w, PURP. NOTED -------------------- ENISNNG EARDAENT UNES, PURPOSE N01E0 R) - RECORDED OIMEN90NS MGSVR. aIMEN5i0N5� OJfLOT c" gas GLEN D. MM] R SIM 52404 (319)891b188 393* 1E qqqqqq � I D 10e z5�6 GRAPHIC SWE IN FEET f =100' EASEMENT PLAT A PORTION OF THE SW 1/4 - NE 114 SECTION 12- T79N -R6W OF THE FIFTH P.M. IOWA CITY. JOHNSON COUNTY, IOWA u Q �a O 3A2 29' PROPRIETOR: ROBERP%b &DOROTHY L STEVENS SURVEY REC!UESTED BY: ROCHESTER RIOGE LLC GATE OF 9IJRVEY- C7- 2O-2M1 1£SAL )ESCRRnGN - SAWV W MM V,ENEkT A porfien of fhb S Iwext Oester of the Norm-st Qearter of Section 12, T. —Ebia 79 North, Ron,e 0 West, of the Frith Princlpd Merldlan, Iowa City. Johnwn Count, Iowa, dcarvDed ate rMleee. set Comer of ONewoods occitiaR Part 7. m me'.! Reoordsd io Plat Book 14. of , the Mnm County Recorders Offie, �n9 the North Line of sold Oakwood. hao of 198.86 fact. to the Point of Sewer Easement Thence owtinotn, Monte N1114'41 ^v!, 235.98 feet Thence fheece N841o'sew. 257.06 fee; Tbmee Thence 141 3a.00 rzr.. nonce mince N894Y18'E. 10.00 reek Thence Thonx 5941059'[ 23501 fret Thence Thence OnI14'4M 249.94 feet, to the notary Sewer Eosement comsns 25.216 'ent to o —roorts and restiiotiona of hereby certify that this Iona surveyng documant was prepared and the related survey work was Performed by me or under my direct ,ereanol supervision and that I a a duly licensed Land Survoyar under the lows of the Slate of Iowa GLEN OGLEN O. ME� Iowa LIC NW. 8165 My license renewal date is December 31, 20--L Pages ar sheets covered by tha eeol: mmE, corm crunie S. All NXro CHS Ara: N FEET AND HUNDEDMC SEAL ( a c3 Q m° o O`O Oa M _u S m f b �O�yo zy mm o sb v^ n ,iT n n >ZD°� �C/D AA C i S GT=g OZ C) z O� I" )" I v v k D' y D m ry t. n CJ co a K CrC G D O W � o C zj C7 Zen m� SRI Z m Gaon -J ° 3 v_c> JO(/' w-v'y GO t1� yy '� ob r�Oj l:db C o '�sayC o AA Io� 0 be c w�EC�E'tytyd-� n 77 ca �� y Z c�iy. m� <5 no ro nD_ uNm / L fly N 'oN�trnTO Y�t�Z� Li L+I N CJ j Z �1 10 oc cam. Cl O 1�.1 a Preuarer 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 AND DRAINAGE EASEMENT AGREEMENT ROCHESTER RIDGE PART ONE - IOWA CITY, IOWA THIS AGREEMENT made by and between Shirley A. Connor and Robert Connor, wife and husband, Judith L. Gabriel and Ronald Gabriel, wife and husband, Robert W. Stevens and Cindi Stevens, husband and wife, and James E. Stevens, a single person, Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust by Shirley A. Connor as successor trustee to both trusts, hereinafter collectively 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 City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such storm water 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 No 111, "Storm Sewer Easement No 211, and "Storm Sewer Detention Easement" as shown on the attached Plat and referred to herein as "easement areas." 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, 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 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 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 area, or diminish or substantially add to the ground cover over said easement areas. Owner 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 improvement(s) 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 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 u day of August, 2011. OWNERS: v( (- f3I2�YV Shirley A V Connor R bert Connor' r� �i � FKRYSTLE J BECKER STATE OF IOWA ) � Commission Number 76A296 ss: ,,-- my Commission Expires r0��, Aug, 20, 2013 JOHNSON COUNTY ) This instrument was acknowledged before me on the L� day of August, 2011 by Shirley A. Connor and Robert Connor, wife and husband. (Stamp or Seal) Y l a !A �� Notary Public na d four the State of Iowa th L. Gabriel Ronald Gabriel STATE OF FLORIDA ) ) ss: COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Judith L. Gabriel and Ronald Gabriel, wife and husband. (Stamp or Seal) Robert W. Stevens STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Notary Public in and for the State of Florida Cindi Stevens This instrument was acknowledged before me on the day of August, 2011 by Robert W. Stevens and Cindi Stevens, husband and wife. (Stamp or Seal) Notary Public in and for the State of Iowa James E. Stevens STATE OF IOWA ) ) Ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by James E. Stevens, a single person. STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Shirley A. Connor and Robert Connor, wife and husband. (Stamp or Seal) Notary Public in and for the State of Iowa , udith L. Gabriel Ronald Gabriel STATE OF FLORIDA ) ) SS: COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Judith L. Gabriel and Ronald Gabriel, wife and husband. _ A�qRGARETLT"'NEY (St Public, State of Florida CommissionNDD924354 Notary Pub i in and for the State 17161 e�o� % Mycemm. expires Sept 16,2013 Florida Robert W. Stevens STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Cindi Stevens This instrument was acknowledged before me on the day of August, 2011 by Robert W. Stevens and Cindi Stevens, husband and wife. (Stamp or Seal) Notary Public in and for the State of Iona James E. Stevens STATE OF IOWA ) ) SS: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by James E. Stevens, a single person. STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Shirley A. Connor and Robert Connor, wife and husband. (Stamp or Seal) Notary Public in and for the State of Iowa Judith L. Gabriel Ronald Gabr STATE OF FLORIDA ) ss: COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Judith L. Gabriel and Ronald Gabriel, wife and husband. (Stamp or Seal) Robert W. Stevens STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This ins August, 2011 1 (Stamp or Notary mes E. Stevens STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Notary Public in and for the State of Florida Cindi Stevens before me on the L(f(^ day of Cindi Stevens, husband and wife. d S C;/\, C in and for the State of Iowa This instrument was acknowledged before me on the f5W� day of August, 2011 by James E. Stevens, a single person. W MCZ 78404pires (Stamp or Seal) � cJ S o i\ C , <__.,«?cZ Notary Public in and for the State of Iowa Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust By: Shirley A. Connor as Successor Trustee STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Shirley A. Connor, as Successor Trustee for the Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust. (Stamp or Seal) Notary Public in and for the State of Iowa c (Stamp or Seal) Notary Public in and for the State of Iowa Robert W. Stevens Revocable Trust and Dorotkiy L. Stevens Revocable Trust /1 /I , n it n By: Shirley //A: Connor as Successor Trustee STATE OF IOWA SS: JOHNSON COUNTY I °l This instrument was acknowledged before me on the day of August, 2011 by Shirley A. Connor, as Successor Trustee for the Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust. ( KRYSTLE J BECKER Commission Number 764298 My Commission Expires Notary Public in and I, the State of Iowa �ow� Aug. 20, 2013 SUBDIVIDER: ROCHESTER RIDGE LLC by: Je9se Mlen, Member and Manager State of Iowa )ss: Johnson County ) This instrument acknowledged before me this 3(� day of August, 2011 by Jesse Allen, Member and Manager of Rochester Ridge LLC. (stamp or sea CITY OF IOWA CITY, IOWA by: Matthew J. Haye , Mayor Public in and for the State of Iowa ATTEST Marian Karr, City Clerk State of Iowa ) )ss: Johnson County ) This instrument acknowledged before me this Q&/L day of August, 2011 by Matthew J. Hayek and Marian Karr, Mayor and City Clerk respectively of the City of Iowa City, Iowa. (stamp or seal) 'e %uTCZ� _ Notary Public in and for the State of Iowa KELLIE .C. TUTTLE Con-mission �IumUSr 721819 Comryisslyn Expires a —x W LL ZOO W F H Z c- U) o c) 2 F- Z W O Lu W LL O �01_� Z a0o aU W in lauruu'l/ v, o fl a -- s�D o,y9 ,- r8a °e88s Yam Yf 2Sv ° €F"a iJ r�YN3 `qG °m a� 9m°o e3oM p- ts exa rto 5s JVoS € €eNyy$: n @BE as e r og 8•oc S�6m € °3�;5 t ic3 §E 451 �6 5p =gE3 ° «�`�4}€mfr R xoo € ° °6s€ aN'R §�o °s° IT fi yF Sqv_ 5E gggg R arenas °€ 8 � z°,� H _."'NRY KGs S�TC;C�J �9L3�I�G s - � s D e uy 8888888,°. c -�bfr6fr 65fr5 E e a R a � 5 x 3 c fe� 9 rx 6s Rs is v. a s 9 6 100 Wtl 9E:L9 ;L UOG /lG /L EE "s 05 C�no og i 8 g i E v � cs F kz e° h wo ox =q W LL =w= m� ss gg. Z Mom II Iv II111 111111 1 I Q t I W I III 0 MR Im CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319) 351 -8282 www. mmsconsultants. n et 5741 C ST. S W SUITE C CEDAR RAPIDS, IOWA 52404 (319) 841 -5188 Date Revlslon IIIW /26!11 PER GIN REVIEW JGM 0]128/11 PERGDMREVIEN -JDM EASEMENT PLAT STORM SEWER EASEMENT A PORTION OF THE SMA-NEIA SECTION 12-T79N•R6W5TH P.M. IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC Date: 07 -20 -2011 DeS"d ty: Fleld book No: DAM Drawn by: scale: RLW 1" =100' rne,w d DM 9,eet No: R°fack No. IC 7596038 eF. 1 v r r SC6'Jfi Oq E c i' l J N06'= 6'001'1 a s 9 6 100 Wtl 9E:L9 ;L UOG /lG /L EE "s 05 C�no og i 8 g i E v � cs F kz e° h wo ox =q W LL =w= m� ss gg. Z Mom II Iv II111 111111 1 I Q t I W I III 0 MR Im CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319) 351 -8282 www. mmsconsultants. n et 5741 C ST. S W SUITE C CEDAR RAPIDS, IOWA 52404 (319) 841 -5188 Date Revlslon IIIW /26!11 PER GIN REVIEW JGM 0]128/11 PERGDMREVIEN -JDM EASEMENT PLAT STORM SEWER EASEMENT A PORTION OF THE SMA-NEIA SECTION 12-T79N•R6W5TH P.M. IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC Date: 07 -20 -2011 DeS"d ty: Fleld book No: DAM Drawn by: scale: RLW 1" =100' rne,w d DM 9,eet No: R°fack No. IC 7596038 eF. 1 v Preuarer T.D.: Lars G. Anderson 123 N Linn St Suite 300 P.O. Box 2820 Iowa City IA 52244-2820.(319)354-0331 OFF SITE WATER MAIN EASEMENT AGREEMENT ROCHESTER RIDGE PART ONE - IOWA CITY, IOWA THIS AGREEMENT made by and between Shirley A. Connor and Robert Connor, wife and husband, Judith L. Gabriel and Ronald Gabriel, wife and husband, Robert W. Stevens and Cindi Stevens, husband and wife, and James E. Stevens, a single person, Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust by Shirley A. Connor as successor trustee to both trusts, hereinafter collectively 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 City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such water liens, 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' Water Main 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 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 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. 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 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 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 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 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 August, 2011. OWNERS: Shirley A. nnor Robert Connor STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the 0 day of August, 2011 by Shirley A. Connor and Robert Connor, wife and husband. Q (S =KRYSTLE ECKER ber 764298 Expires 013 Judith L. Gabriel STATE OF FLORIDA ) Ss: COUNTY ) A �1 J Notary Public in an for the State of Iowa Ronald Gabriel This instrument was acknowledged before me on the day of August, 2011 by Judith Gabriel and Ronald Gabriel, wife and husband. (Stamp or Seal) Robert W. Stevens STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Notary Public in and for the State of Florida Cindi Stevens This instrument was acknowledged before me on the day of August, 2011 by Robert W. Stevens and Cindi Stevens, husband and wife. (Stamp or Seal) Notary Public in and for the State of Iowa James E. Stevens STATE OF IOWA ) ) SS: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by James E. Stevens, a single person. (Stamp or Seal) Notary Public in and for the State of Iowa Robert W. Stevens Revocable Trust and DOrotbV, L. Stevens Revocable Trust By: Shirley/,V Connor as Successor Trustee STATE OF IOWA ss: 0 JOHNSON COUNTY ) -}- This instrument was acknowledged before me on the day of August, 2011 by Shirley A. Connor, as Successor Trustee for the Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust. ( KRYSTLE J BECKER Commission Number 784298 Notary Public in and for the State of Iowa My Commission Expires rows Aug.20, 2013 (Stamp or Seal) Judith L. Gabriel STATE OF FLORIDA ) ss: COUNTY ) Notary Public in and for the State Ronald Gabriel This instrument was acknowledged before me on the day of August, 2011 by Judith Gabriel and Ronald Gabriel, wife and husband. (Stamp or Seal) Notary Public in and for the State of (�j /q)� Florida / Reber W. Stevens Cindi Stevens STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the `( — day of August, 2011 by Robert W. Stevens and Cindi Stevens, husband and wife. (Stamp or Seal) \ �+ Notary Public in and for the State of Iowa �� -n�.a •rJ G - f �,c� games E. Stevens STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Gaut SUSAN GERECZ Commission Number 784049 My Commission Expires a April 70, 2074 C)"(^ This instrument was acknowledged before me on the J day of August, 2011 by James E. Stevens, a single person. era rm SUSAN GERECZ (Stamp or? commission Number 184049 My Commission Expires Notary Public in and for the State of Iowa w April 10, 2014 Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust By: Shirley A. Connor as Successor Trustee �I,u (Stamp or Seal) Notary Public in and for the State of Iowa 650L AV2'1J Judith L: G briel Ronald Gabriel STATE OF FLORIDA ) ss: r, COUNTY ) ('144 This instrument was acknowledged before me on the day or August, 2011 by Judith Gabriel and Ronald Gabriel, wife and husband. (St or ,._lc= �.__...._.. Ri QANCYL.TIMN2Y 4S A ,�ofary a Ploritla Notary Pub is in and for the State of mission# D CmnmissionNDp024304 2 My Comm. expires SapL 16, 2013 Florida - Robert W. Stevens Cindi Stevens STATE OF IOWA ) ) SS: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Robert W. Stevens and Cindi Stevens, husband and wife. (Stamp or Seal) Notary Public in and for the State of Iowa James E. Stevens STATE OF IOWA ) ) as: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by James E. Stevens, a single person. (Stamp or Seal) Notary Public in and for the State of Iowa Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust By: Shirley A. Connor as Successor Trustee SUBDIVIDER: ROCHESTER RIDGE LLC by: JesW6 All , Member and Manager State of Iowa ) )ss: Johnson County ) / This instrument acknowledged before me this �i^ day of August, 2011 by Jesse Allen, Member and Manager of Rochester Ridge LLC. (stamp or seal J+w =ANDER N 0422 r es Noory Public in and for the State of Iowa CITY OF IOWA CITY, IOWA by: Matthew J. HayeVL-`k�aryor State of Iowa ATTEST Mari n Karr, City Clerk )ss: Johnson County ) / This instrument acknowledged before me this `2&4/tday of uti t, 2011 by Matthew J. Hayek and Marian Karr, Mayor and City Clerk respectively of the City of Iowa City, Io'waa.. / (stamp or seal) Notary Public in and for the State of Iowa TUTTLE o'� %' Commission Pdumbsr 221619 i i.1y Commissi n Expires C J N 0 ry, ✓: V, Va �+ !G'Y.4p'i =' HQ.� N Uvmm O �LL v`c-- U a39NL1N 1431p3 SN]6N3YV10 U3tl11SY3W - (Iq) SN06Nllfl0 g3gaW3tl - (Yi - :pas a!tp q pa,awa syaays ,o sa6od ,ZI:0 wQiC y6< �cr7 �`a? ar 4", - 6uvlo M.9 a >uay S -u0 93wn a3LN30 - — — Nn NO!W351 N/. Y0N00 - - - S3N!! 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N01103\ b/L 3N - t74 MS 3Hl HO N0112i0d V 1Vld 1N3W3SV3 AR-.I ,138a' M mo, ODdB%9 ON SE y5 St 010 9915 -1.9B (648) D0777 bMOI .7077 3 r�1 66f el LI NI 6LI A Vr✓ C O ��(p \��'oVill � V 1N3W3SV'3 NiVil 9l, I I I �r IId( t Prepared by: Lars G. Anderson, 123 N Linn St,, Suite 300 P.O. Box 2820 Iowa City, TA 52244 (319) 354-0331 OWNER'S CERTIFICATE The undersigned, Shirley A. Connor and Robert Connor, wife and husband, Judith L. Gabriel and Ronald Gabriel, Wife and husband, Robert W. Stevens and Cindi Stevens, husband and wife, and James E. Stevens, a single person, Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust by Shirley A. Connor as successor trustee to both trusts requests approval of the subdivision known as Rochester Ridge Part One, said subdivision shown on the plat filed with this Certificate, which is a subdivision of the following described property: Beginning at the Southwest Corner of Lot 313 of Oakwoods Addition Part 6, in accordance with the Plat thereof Recorded in Plat Book 10 at Page 67, of the Records of the Johnson County Recorder's Office; Thence S88 °53141 "W, along the North Line of Oakwoods Addition Part 6B, in accordance with the Plat thereof Recorded in Plat Book 14, at Page 19, of the Records of the Johnson County Recorder's Office, a distance of 238.26 feet, to the Northwest Corner thereof and the Northeast Corner 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 the North Line of said Oakwoods Addition Part 7, a distance of 165.07 feet; Thence N01 004'55 "W, 27.12 feet; Thence Northwesterly, 99.54 feet along a 313.00 foot radius curve, concave Southwesterly, whose 99.12 foot chord bears N10 011'33 "W; Thence N19 °18'11 "W, 41.20 feet; Thence Northwesterly, 74.60 feet along a 363.00 foot radius curve, concave Northeasterly, whose 74.47 foot j�U chord bears N13 024'57 "W; Thence N82 028118 "E, 114.00 feet; Thence N30 °51'13 "E, 35.46 feet; Thence N01 °02'46 "W, 28.00 feet; Thence N08 051'25 "W, 97.49 feet; Thence N18 037'06 "W, 101.84 feet; Thence N46 011'28 "W, 156.79 feet; Thence S88 055'42 "W, 153.28 feet; Thence S87 046103 "W, 62.51 feet; Thence S89 °47'16 "W, 70.00 feet; Thence S00 012'44 "E, 59.97 feet; Thence S89 047116 "W, 70.00 feet; Thence N00 012'44 "W, 5.00 feet; Thence S89 047116 "W, 118.50 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, 357.80 feet, to the Northeast Corner thereof, and a Point on the Northerly Line of the Parcel Depicted on the "Road Right -of -Way Re- establishment Plat" as Recorded in Plat Book 54, at Page 300, of the Records of the Johnson County Recorder's Office; Thence N75 000131 11E, along said Northerly Line, 135.12 feet; Thence N70 °42129 "E, along said Northerly Line, 440.23 feet; Thence S19 °17'31 "E, 262.00 feet; Thence S70 042'29 "W, 4.85 feet; Thence S19 017131 "E, 72.23 feet; Thence S00 020'58 "E, 141.90 feet; Thence S48 014136 "E, 107.60 feet; Thence S89 026118 11W, 219.11 feet, to a Point on the West Line of said Oakwoods Addition Part 6; Thence S00 °33142 11E, along said West Line, 551.54 feet, to the Point of Beginning. Said Tract of land contains 10.93 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, owners 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 L ' , l �L Shirley V tonnor STATE OF IOWA of the Code of Iowa (2011), as amended. day of August, 2011. RcUert Connor � ss: JOHNSON COUNTY ) This instrument was acknowledged before me on thelt day of August, 2011 by Shirley A. Connor and Robert Connor, wi.e and h ban . (Stamp M p 9!1 Notary Public 'n a ifor the State of Iowa 0 11% Judith L. Gabriel Ronald Gabriel STATE OF FLORIDA ) ) Ss: COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Judith L. Gabriel and Ronald Gabriel, wife and husband. (Stamp or Seal) Notary Public in and for the State of Florida Robert W. Stevens Cindi Stevens STATE OF IOWA ) ) SS: JOHNSON COUNTY ) This instrument was acknowledged before me on the V+\ day of August, 2011 by Robert W. Stevens and Cindi Stevens, husband and wife. (Stamp or Seal) x"r SUSAN G'RECZ Notary Pub _ Commission Number 184049 My Commission Expires A rit 10, 2014 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Ce-- and for the State of Iowa ,Dames E. Stevens This instrument was acknowledged before me on the 7 �� day of August, 2011 by James E. Stevens, a single person. o.T`i41 SUSAN GERECZ _ ; Commission Number 184049 ( Std SWS"mission Expires ew April 10. 2014 Notary Public in and for the state of Iowa Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust By: Shirley A. Connor as Successor Trustee I Vudith Lc Gabriel STATE OF FLORIDA ) ) ss: rry- (4-,r� COUNTY ) Ronald Gabriel This instrument was acknowledged before me on the W-'!"-day of August, 2011 by Judith L. Gabriel and Ronald Gabriel, wife and husband. + nfAR(3AR6Tt.11CRNEY (Starry a a eryPUblla,5tnteolFiodde v� CGfViIiQ$�Uflii CC62&404 Notary PulC 1c in and for the S ate of� MyGOhlat x008 Sept 16,2013 Florida Robert W. Stevens Cindi Stevens STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Robert W. Stevens and Cindi Stevens, husband and wife. (Stamp or Seal) Notary Public in and for the State of Iowa James E. Stevens STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by James E. Stevens, a single person. (Stamp or Seal) Notary Public in and for the State of Iowa Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust By: Shirley A. Connor as Successor Trustee Notary Public in and for the State of Iowa Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revo able Trust / G ,/2 By: Shirl V A. Connor as Successor Trustee STATE OF IOWA ) ) ss: JOHNSON COUNTY ) �Whis instrument was acknowledged before me on the day of August, 2011 by Shirley A. Connor, as Successor Trustee for the Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust. (Stamp or Seal) z� KRYSTLEJ BECKER N�tary Public in and for the State o Commission NumDtfr 7UM81 My Commission Expires row, Aug. 20, 2073 Prepared by: Lars G. Anderson 123 N Linn St Suite 300 Iowa City, IA 52245 319-354-0331 PUBLIC ACCESS EASEMENT ROCHESTER RIDGE PART ONE - IOWA CITY, IOWA THIS AGREEMENT, made by and between Shirley A. Connor and Robert Connor, wife and husband, Judith L. Gabriel and Ronald Gabriel, wife and husband, Robert W. Stevens and Cindi Stevens, husband and wife, and James E. Stevens, a single person, Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust by Shirley A. Connor as successor trustee to both trusts, hereinafter collectively called "Owner ", and Rochester Ridge LLC, hereinafter called "Subdivider ", and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "City" for the benefit of the owner of Rochester Ridge Part One, Iowa City, Iowa, according to the recorded plat thereof (the "Subdivision "). IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, the Owner and the Subdivider hereby grant and convey to the City an easement for public access over that portion of Outlet "C" of the Subdivision designated as "20.0' Public Access Easement" on the recorded plat for the subdivision, as well as over and across Outlet "A ", hereinafter collectively "Public Access Easements ". These Public Access Easements are intended to provide public access over and across said property. Except as may be expressly provided herein or in another written agreement, the City shall have no responsibility for maintaining the Public Access Easements area. The Owner and the Subdivider and their successors reserve the right to use said Public Access Easements for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Owner and the Subdivider, and its successors, shall not erect or construct any building, structure, retaining wall, fence or other obstruction on said Public Access Easement area. Nothing in this Agreement shall be construed to impose a requirement on the City to install improvements or otherwise maintain the Public Access Easements. Nor shall the Owner and the Subdivider or its successor be deemed acting as the City's agent jA during the installation or maintenance of said Public Access Easements sidewalk improvements. After construction and installation of the initial sidewalk improvements within the Public Access Easements area, the obligation for ongoing maintenance, repairs and replacement of such sidewalk improvements shall be with the Subdivider or may be allocated to and assumed by a Homeowners Association formed in part for that purpose. The Owner and the Subdivider hereby covenant 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. 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 land and with the title to the land. SIGNED this try day of August, 2011. OWNERS: Shirley A. Connor STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Robert Connor This instrument was acknowledged before me on the day of August, 2011 by Shirley A. Connor and Robert Connor, wife and husband. (Stamp or Seal) Notary Public in and for the State oX Iora �u'dith L. Gabriel Ronald Gabriel STATE OF FLORIDA ) ss; M�4 r\ COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Judith L. Gabriel and Ronald Gabriel, wife and husband. 1 n� MARQARETL.TIERNEY Notary lic in and for the Statye \of °� Notary Pubilc,StatoofFlorida Florida ) CommisslonoOD924354 My comm. e*lras Sept. 16, 2013 Robert W. Stevens Cindi Stevens 2 during the installation or maintenance of said Public Access Easements sidewalk improvements. After construction and installation of the initial sidewalk improvements within the Public Access Easements area, the obligation for ongoing maintenance, repairs and replacement of such sidewalk improvements shall be with the Subdivider or may be allocated to and assumed by a Homeowners Association formed in part for that purpose. The Owner and the Subdivider hereby covenant 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. 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 land and with the title to the d. SIGNED this 1Y( �l1 day of August, 2011. OWNERS: Shirley y onnor STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was August, 2011 by Shirley A (Stamp or Seal) Judith L. Gabriel Robert Connor STATE OF FLORIDA ) ) SS: COUNTY ) Ronald Gabriel This instrument was acknowledged before me on the day of August, 2011 by Judith L. Gabriel and Ronald Gabriel, wife and husband. (Stamp or.Seal) Robert W. Stevens Notary Public in and for the State of Florida Cindi Stevens J BECKER Commission Number 764298 JKRYSTLE My Commission Expires Aug.20,2013 1 )�.'V t a ow ge. e or n the 1 day of Connor and obert Connor, wife and husband. Notary Publ'c rn and for he State of Iowa STATE OF FLORIDA ) ) SS: COUNTY ) Ronald Gabriel This instrument was acknowledged before me on the day of August, 2011 by Judith L. Gabriel and Ronald Gabriel, wife and husband. (Stamp or.Seal) Robert W. Stevens Notary Public in and for the State of Florida Cindi Stevens during the installation or maintenance of said Public Access Easements sidewalk improvements. After construction and installation of the initial sidewalk improvements within the Public Access Easements area, the obligation for ongoing maintenance, repairs and replacement of such sidewalk improvements shall be with the Subdivider or may be allocated to and assumed by a Homeowners Association formed in part for that purpose. The Owner and the Subdivider hereby covenant 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. 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 land and with the title to the land. SIGNED this day of August, 2011. OWNERS: Shirley A. Connor Robert Connor STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Shirley A. Connor and Robert Connor, wife and husband. (Stamp or Seal) Notary Public in and for the State of Iowa Judith L. Gabriel Ronald Gabrie STATE OF FLORIDA ) ) ss: COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Judith L. Gabriel and Ronald Gabriel, wife and husband. (Stamp or Seal) 1 Rob r S, evens Notary Public in and for the State of Florida Cindi Stevens 2 STATE OF IOWA ) ) as: JOHNSON COUNTY ) This instrument was acknowledged before me on the ((l(-, day of August, 2011 by Robert W. Stevens and Cindi Stevens, husband and wife. (Sta r NOERECZ S�rS C�F'.�E�C Zr Commission Number 104049 Notary Public in and for the State of Iowa My Commission Expires APriI 10, 2014 �+ 1Yames E. Stevens STATE OF IOWA ) ) as: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2 rr =CA0pHj2014 tevens, a single person. xo~' `+� Z C4049 (Stamp or' ry ) ires e Notary Public in and for the State of Iowa Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust By: Shirley A. Connor as Successor Trustee STATE OF IOWA ) ) as: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Shirley A. Connor, as Successor Trustee for the Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust. (Stamp or Seal) Notary Public in and for the State of Iowa 3 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Robert W. Stevens and Cindi Stevens, husband and wife. (Stamp or Seal) Notary Public in and for the State of Iowa James E. Stevens STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by James E. Stevens, a single person. (Stamp or Seal) Notary Public in and for the State of Iowa Robert W. Stevens Revocable Trust and Doroithv L. Stevens Revocable Trust : Shirley/A. Connor as Successor Trus STATE OF IOWA 7 ss: JOHNSON COUNTY This instrument was acknowledged before me on the l day of August, 2011 by Shirley A. Connor, as Successor Trustee for the Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable T7.-ust. (Stamp or Seal) Notary P lic i an or the State of Iowa KRYSTLEJ BECKEft ��� Commisslon Number 764298 $� My Commission Expires ww* Au9 20, 2013 9 /} SUBDIVIDER: ROCHESTER RIDGE LLC by: JeUse lien, Member and Manager STATE OF IOWA ) ) ss: JOHNSON COUNTY ) / This instrument was acknowledged before me on the ?" day of August, 2011 by Jesse Allen, Member and M nager(z" j //, (Stamp or Sea %�/6'— J�' "� '"°— *-- LARS G.ANDERSON Nota/ry/Public in and for the State of Iowa commiss ion Number 180422 My Commission Expires July 25, 2013 CITY OF IOWA TY, IOWA ATTEST by: Matthew J. Hayek—,Ina or MzTrian Karr, City Clerk State of Iowa ) ss: Johnson County ) This instrument acknowledged before me this 9�-Pday of 1tgusty 2011 by Matthew J. Hayek and Marian Karr, Mayor and City Clerk respectively of the City of Iowa City, Iowa. (stamp or seal) LE asst ��I<ELL IE K.�U�z7lats o Ga cn Pssmb Expires ;.1y IV CO Com Notary Public in and for the State of Iowa I 'Al Prepared by and Return to: Lars G Anderson P.O. Box 2820 Iowa City, IA 52245 (319)354-0331 SANITARY SEWER EASEMENT AGREEMENT ROCHESTER RIDGE PART ONE - IOWA CITY, IOWA THIS AGREEMENT made by and between Shirley A. Connor and Robert Connor, wife and husband, Judith L. Gabriel and Ronald Gabriel, wife and husband, Robert W. Stevens and Cindi Stevens, husband and wife, and James E. Stevens, a single person, Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust by Shirley A. Connor as successor trustee to both trusts, hereinafter collectively 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, 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 the Final Plat of Rochester Ridge Part One - Iowa City, Iowa, hereafter described as a "20 Foot Utility and Sanitary Sewer Easement", "10 Foot Utility and Sanitary Sewer Easement" and "15 Foot Utility, Sanitary and Storm Sewer Easement ". Owner and Subdivider further grant 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. D �IV 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 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 and Subdivider reserve 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. Owner and Subdivider do 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 and 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 and 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. '�,V/�1 Dated this 0 day of August, 2011. OWNERS: Z y onnor 2 It KRYSTLE J BECKER Commission Number 764298 My commission Expires STATE OF FLORIDA ) /OWN Aug. 20, 2013 as: COUNTY ) This instrument was acknowledged before me on the _40 day of August, 2011 by Shirley A. Connor and Robert Conn WNIV ife an hus and. (Stamp or Seal) ✓. Notary Public i ancWr the st to of Florida Judith L. Gabriel Ronald Gabriel STATE OF FLORIDA ) ss: COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Judith L. Gabriel and Ronald Gabriel, wife and husband. (Stamp or Seal) Notary Public in and for the State of Florida Robert W. Stevens Cindi Stevens STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Robert W. Stevens and Cindi Stevens, husband and wife. (Stamp or Seal) Notary Public in and for the State of Iowa James E. Stevens STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by James E. Stevens, a single person. 3 STATE OF FLORIDA ) ) as: COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Shirley A. Connor and Robert Connor, wife and husband. (Stamp or Seal) Judith L. Gabriel STATE OF FLORIDA ) Ss: COUNTY ) Notary Public in and for the State of Florida Ronald Gabriel This instrument was acknowledged before me on the day of August, 2011 by Judith L. Gabriel and Ronald Gabriel, wife and husband. (Stamp or Seal) Notary Public in and for the State of Florida , r2 ff�'A' 0-- - Robert W. Stevens Cindi Stevens STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the 4 day of August, 2011 by Robert W. Stevens and Cindi Stevens, husband and wife. (St am or Seal) ,t" "r SUSAN GERECZ z° Z Commission Number 184049 My Commission Expires 0 April 10, 2014 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Notary Public in and for the State of Iowa James E. Stevens This instrument was acknowledged before me on 2011 by James E. Stevens, a single person. 3 the day of August, *imp 84(S tamp or S ire Notary Public in and for the State of Zowa Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust By: Shirley A. Connor as Successor Trustee STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Shirley A. Connor, as Successor Trustee for the Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust. (Stamp or Seal) Notary Public in and for the State of Towa 4 1 STATE OF FLORIDA ss: COUNTY This instrument was acknowledged before me on the t(+I-- day of August, 2011 by Shirley A. Connor and Robert Connor, wife and husband. (Stamp or Seal) Notary Public in and for the State of Florida udith I. Gabriel Ronald Gabriel STATE OF FLORIDA SS: rnr'r4 COUNTY This instrument was acknowledged before me on the Le44^ day of August, 2011 by Judith L. Gabriel a d Ronald Gabriel, wife and husband. A gaAREIt.IIEPNEY � (St m$ i8� eMpublic,StatocifRodda CJti2taz��J -- 1 Commission4 DD924354 Notary Publi n and for the State 6&-- Florida My Comm. expiros Sept 15, 2013 Robert W. Stevens Cindi Stevens STATE OF IOWA ) ) SS: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Robert W. Stevens and Cindi Stevens, husband and wife. (Stamp or Seal) Notary Public in and for the State of Iowa James E. Stevens STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the _ day of August, 2011 by James E. Stevens, a single person. 3 (Stamp or Seal) Notary Public in and for the State of Iowa Robert W. Stevens Revocable Trust and Dorot y L. Stevens Revocable Trust By: Shirley . Connor as Successor Trustee STATE OF IOWA ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Shirley A. Connor, as Successor Trustee for the Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust. (Stamp or Seal) (�Wm'A k) h KRYSTLEJ DECKER Notary Yublic 'n or the State of Iowa o Commission NumUer764298 My Commission Expires rover Aug.20,2013 4 SUBDIVIDER: ROCHESTER RIDGE LLC &_ 1. tr-°- - - - -- by: Jes e Allen, Member and Manager State of Iowa ) ss: Johnson County ) o This instrument acknowledged before me this 3r" day of August, 2011 by Jesse Allen, Member and Manager of Rochester Ridge LLC. (stamp or CLARS G. ANDERSON Notary Public in and for the State of Iowa ission Number 180422 (� C m 5, n Expires CITY OF IOWA CITY, IOWA by: Matthew J. Hayek, ayor ATTEST _A��-ed -Al. -�� Marian Karr, City Clerk State of Iowa ) )ss: Johnson County ) This instrument acknowledged before me this day of A1wus 2011 by Matthew J. Hayek and Marian Karr, Mayor and City Clerk respectively of the City of Iowa City, Iowa. (stamp or seal) ioNr KELI IE V<.TUTiLE Notary Public in and for the State of Iowa or l: Commission \umber ?7.1899 My Corn i'sPn Expires 5 ` Preparer I.D.: Lars G. Anderson 123 N Limi St., Suite 300 P.O. Box 2820 Iowa City, IA 52244-2820,(319)354-0331 STORM SEWER AND DRAINAGE EASEMENT AGREEMENT ROCHESTER RIDGE PART ONE IOWA CITY, IOWA THIS AGREEMENT, made by and between Shirley A. Connor and Robert Connor, wife and husband, Judith L. Gabriel and Ronald Gabriel, wife and husband, Robert W. Stevens and Cindi Stevens husband and wife, and James E. Stevens, a single person, Robert W. , Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust by Shirley A. Connor as successor trustee to both trusts, hereinafter collectively called "Owner ", and Rochester Ridge LLC, hereinafter called "Subdivider ", and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City ", which expression shall include its successors in interest and assigns. 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 and Subdivider hereby grant and convey 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, 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 "10.00' Utility and Storm Sewer Easement ", 1115.00' Utility, Sanitary and Storm Sewer Easement ", "15.00' Drainage Easement" and "20.00' Drainage Easement" as shown on the Final Plat of Rochester Ridge Part One and referred to herein as "easement areas." Owner and Subdivider further grant 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 easement area 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 and 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 and Subdivider reserve 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 and 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 and Subdivider do 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 improvement(s) at issue herein. Nor shall Owner and 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 and Subdivider until completion by Owner and 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 _ day of August, 2011. 2 v OWNERS: Shirley A. Connor Robert Connor STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Shirley A. Connor and Robert Connor, wife and husband. (Stamp or Seal) Judith L. Gabrie STATE OF FLORIDA ) ss: COUNTY ) Notary Public in and for the State of Iowa Ronald Gabriel This instrument was acknowledged before me on the day of August, 2011 by Judith L. Gabriel and Ronald Gabriel, wife and husband. (Stamp or Seal) Rober W. Stevens STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Notary Public in and for the State of Florida Cindi Stevens This instrument was acknowledged before me on the �� day of August, 2011 by Robert W. Stevens and Cindi Stevens, husband and wife. (Stamp or Seal) "�JS Ga� C1 t c2 C `7 Notary Public in and for the State of Iowa ,t" e� SUSAN GE—R i t Commission Number 184040 My Commission o Apnl 10, 2014 C ames E. Stevens 191 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the > L day of August, 2011 by James E. Stevens, a single person. SUSAN GERECZ f (Stamp or Commission Number 184049 US Cam/` ( <'��G> C Z- My commission EXpires Notary Public in and for the State of Iowa IoW" Apri110. 2014 Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust By: Shirley A. Connor as Successor Trustee STATE OF IOWA ) ) Ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Shirley A. Connor, as Successor Trustee for the Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust. (Stamp or Seal) Notary Public in and for the State of Iowa 0 .t OWNERS: Shirley A. Connor STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Robert Connor This instrument was acknowledged before me on the day of August, 2011 by Shirley A. Connor and Robert Connor, wife and husband. (Stamp or Seal) �7 udith L. Gabriel STATE OF FLORIDA ) ) ss: rYl Ur-k n COUNTY ) Notary Public in and for the State of Iowa Ronald Gabriel This instrument was acknowledged before me on the C0 day of August, 2011 by Judith L. Gabriel and Ronald Gabriel, wife and husband. (Sta ip, orp. S a]MARGARET L TIERNEY n s— �_r..._..... ` Notary Public, State of Florida Notary RG is in and for the tatT of sk CemmlSS1000D924354 Florida \ \J\ My comm. expires Sep416, 2013 Robert W. Stevens Cindi Stevens STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Robert W. Stevens and Cindi Stevens, husband and wife. (Stamp or Seal) Notary Public in and for the State of Iowa James E. Stevens 3 ja i�o OWNERS: d Shirley A. ldhnor �M"6!� M Rb rt CJnnor STATE OF IOWA ) T KRYSTLE J BECKER S S : Eov! Commission Number 78M1298 `n JOHNSON COUNTY ) My Commission Expires l Y ` Aug. 20, 2073 t This instrument was ac the - day of August, 2011 by Shirley A. Connor and Robert Connor, wife and husband. (Stamp or Seal) I' Notary Public in a for the State of Iowa th L. Gabriel Ronald Gabriel STATE OF FLORIDA ) ) SS: COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Judith L. Gabriel and Ronald Gabriel, wife and husband. (Stamp or Seal) Robert W. Stevens STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Notary Public in and for the State of Florida Cindi Stevens This instrument was acknowledged before me on the day of August, 2011 by Robert W. Stevens and Cindi Stevens, husband and wife. (Stamp or Seal) Notary Public in and for the State of Iowa James E. Stevens 91 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by James E. Stevens, a single person. (Stamp or Seal) Notary Public in and for the State of Iowa Robert W. Stevens Revocable Trust and D rthy� L. Stevens Revocable Trust By: Shirley Connor as Successor Trustee STATE OF IOWA ) ) SS! JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Shirley A. Connor, as Successor Trustee for the Robert W. Stevens Revocable Trust and Dor by L. Ste Revocable � Trust. (Stamp or Seal) KRYSTLE u BECKER Notary Public n ana or the State of Iowa e' Commission soon E Pins ��. :•ny Commission Expires Aug.20,2013 n c( Ix SUBDIVIDER: ROCHESTER RIDGE LLC by: Je e A len, Member and Manager STATE OF IOWA ss: JOHNSON COUNTY ) A This instrument was acknowledged before me on the 3 "U day of August, 2011 by r and Ma �ger. o LARS G. ANDERSON �r Commission Number 180422 L W 0 (Stamp or Sea My Commission Expires , July 25, 2013 otary Public in and for the State of Iowa CITY OF IOWA CITY, IOWA AfTTEST by: Matthew J. Hayek, Mayor State of Iowa Mari' n- Karr, City Clerk ) ss: Johnson County ) This instrument acknowledged before me this day of Abgil:T , 2011 by Matthew J. Hayek and Marian Karr, Mayor and City Clerk respectively of the City of Iowa City, Iowa. (stamp or seal) My 5 Public in and for the State of Iowa � �f Preparer I.D.: Lars G. Anderson, 123 N Linn St., Suite 300 P.O. Box 2820 Iowa City IA 52244-2820,(319)354-0331 DETENTION FACILITY EASEMENT AGREEMENT ROCHESTER RIDGE PART ONE IOWA CITY, IOWA Shirley A. Connor and Robert Connor, wife and husband, Judith L. Gabriel and Ronald Gabriel, wife and husband, Robert W. Stevens and Cindi Stevens, husband and wife, and James E. Stevens, a single person, Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust by Shirley A. Connor as successor trustee to both trusts, hereinafter collectively called "Owners" and Rochester Ridge LLC, hereinafter "Subdivider" of the real estate described as Rochester Ridge Part One, Iowa City, Iowa, by the plat recorded with this agreement hereby grant to the City of Iowa City, Iowa, an easement for construction, operation and maintenance of stormwater control structures and stormwater control facilities, together with a right of ingress and egress thereto over and across that portion of Rochester Ridge Part One labeled as "Stormwater Detention Facility Easement ", on the final plat of Rochester Ridge Part One. Owner and Subdivider further grant to the City the following rights in conjunction with the easements: 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 as the City may find reasonably necessary. 2. The right from time to time to trim, to cut down and clear away all trees and brush on said easement areas, and on either side of the easement areas, which now or hereafter in the opinion of the City may be a hazard to said facilities or may interfere with the City's rights hereunder in any manner. The City shall indemnify Owner and Subdivider against any loss or damage which shall be caused by the negligent exercise of any ingress or egress, construction, use or maintenance by the City or its agents or employees in the course of their employment. v Owner and Subdivider reserve the right to use the easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted, provided that the Owner and 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 and Subdivider shall maintain the area within the easement area free from weeds and debris and shall in no event fill or prevent the stormwater detention facilities to be filled in, and the Owner and Subdivider also agree to maintain its land so as to minimize erosion in and around the easement areas. Owner and Subdivider do 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. After completion of the stormwater detention facility, the Owners and Subdivider and their successors and assigns shall thereafter maintain the facilities and easement areas. The maintenance shall include maintaining and mowing the ground cover and keeping it free of debris. The City shall have no obligation for maintenance of the facilities or the easement area. This obligation for maintenance will be transferred and become the obligation of the Homeowners Association formed in part for this purpose. 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 August, 2011. Shirley A. nnor Robert Connor STATE OF IOWA ) ss: JOHNSON COUNTY ) U This instrument was acknowledged before me on the �'A day of August, 2011 by Shirley A. Connor and ob I ert Connor, wife and husband. A(Stamp or Seal) 1� Not ry Publ c i nd f r the State of Iowa KRYSTLE. J RECKER A. t commission Number784298 I&X My Commission Expires ,owe Aug. 20, 2013 2 Judith L. Gabriel Ronald Gabr STATE OF FLORIDA ) )ss: COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Judith L. Gabriel and Ronald Gabriel, wife and husband. (Stamp or Seal) Notary Public in and for the State of Florida Robert W. Stevens STATE OF IOWA ) )ss: JOHNSON COUNTY ) -cz Cindi Stevens This instrument was acknowledged before me on the (( day of August, 2011 by Robert W. Stevens and Cindi Stevens, husband and wife. (Stamp or �'JCG/l ��� cs?cL o�.rer�i SUSAN GERECZ Notary Public in and for the State of Iowa Commission Number 184049 My Commission Expires 0 April 70, 2014 [� James E. Stevens STATE OF IOWA ) )SS: JOHNSON COUNTY ) This instrument was acknowledged before me on the ' day of August, 2011 by James E. Stevens, a single person. ( Stamp or S ° Commissicn Number 184049 Y om mission Expires Notary Public in and for the State of Iowa o om 10, 2014 Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust By: Shirley A. Connor as Successor Trustee 3 Judith L. Gabriel Ronald Gabriel STATE OF FLORIDA ) )ss: COUNTY ) This instrument was August, 2011 by Judith L. husband. Er MA0ANET4.71ERNEY W.81vQ9d$tateofFlodda CormaissionA INJ924354 My comm. expires Sept 10, 2013 acknowledged before me on the Lrl':� 'day of Gabriel and Ronald Gabriel, wife and Notary Publi - n and for the State of ..Florr'da Robert W. Stevens Cindi Stevens STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Robert W. Stevens and Cindi Stevens, husband and wife. (Stamp or Seal) Notary Public in and for the State of Iowa James E. Stevens STATE OF IOWA ) )SS: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by James E. Stevens, a single person. (Stamp or Seal) Notary Public in and for the State of Iowa Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust By: Shirley A. Connor as Successor Trustee 3 Judith L. Gabriel Ronald Gabriel STATE OF FLORIDA ) SS: COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Judith L. Gabriel and Ronald Gabriel, wife and husband. (Stamp or Seal) Notary Public in and for the State of Florida Robert W. Stevens STATE OF IOWA Cindi Stevens )ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Robert W. Stevens and Cindi Stevens, husband and wife. (Stamp or Seal) Notary Public in and for the State of Iowa James E. Stevens STATE OF IOWA ) )Ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the August, 2011 by James E. Stevens, a single person. (Stamp or Seal) day of Votary ruuiic; lit d11u ivi �..c o�auv vi lv%.a Robert W. Stevens Revocable Trust and Dorothy L. Steven Revocable rust �� ��d Steven By: Shirley; Connor as Successor Trustee K? rl: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Shirley A. Connor, as Successor Trustee for the Robert W. Stevens Revocable Trust and Dorothy L. Steven evo,able Trust. Pa t [pp Or QR111 E J BECKER Commission Number 764296 Notary Pub is i and for the tate of Iowa my commission Expires rows Aug.20, 2013 ` i, SUBDIVIDER: ROCHESTER RIDGE LLC by: Jed e A en, Member and Manager STATE OF IOWA CITY OF IOWA CITY, IOWA by: Matthew J. Hayek, Mayor State of Iowa ATTEST Marian Karr, City Clerk ) ss: Johnson County ) This instrument instrument acknowledged before me this�'l day of -A-u� 2011 by Matthew J. Hayek and Marian Karr, Mayor and City Clerk respectively of the City of Iowa City, Iowa. `L (stamp or seal) a'/'L/ Notary Public in and for the State of Iowa Qg�zt� I< LLIE IC TUTTLE o, �v Commission [\umber 7.2es 1` Ny Co�mi /gqsio�J Ex rres 11 )ss: JOHNSON COUNTY ) This instrument acknowledged before this day of August, 2011, by Jesse Allen, Member and Manager, off Rochester LLC. �Ridge ( stamp �0422ires ON =ADE� ow Notary rY blic in and for the State of Iowa CITY OF IOWA CITY, IOWA by: Matthew J. Hayek, Mayor State of Iowa ATTEST Marian Karr, City Clerk ) ss: Johnson County ) This instrument instrument acknowledged before me this�'l day of -A-u� 2011 by Matthew J. Hayek and Marian Karr, Mayor and City Clerk respectively of the City of Iowa City, Iowa. `L (stamp or seal) a'/'L/ Notary Public in and for the State of Iowa Qg�zt� I< LLIE IC TUTTLE o, �v Commission [\umber 7.2es 1` Ny Co�mi /gqsio�J Ex rres 11 Prepared by and Return to: Lars G Anderson P.O Box 2820 Iowa City, IA 52245 (319)354-0331 SUBDIVIDER AGREEMENT ROCHESTER RIDGE PART ONE - IOWA CITY, IOWA THIS AGREEMENT, made by and between Shirley A. Connor and Robert Connor, wife and husband, Judith L. Gabriel and Ronald Gabriel, wife and husband, Robert W. Stevens and Cindi Stevens, husband and wife, and James E. Stevens, a single person, Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust by Shirley A. Connor as successor trustee, hereinafter collectively called "Owner ", and Rochester Ridge LLC, 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 One, Iowa City, Iowa, an Addition to the City of Iowa City, Iowa, the Owners and Subdivider agree, 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, walkways and trails (as described below in this section) , certain sidewalks abutting Outlots "A ", "B ", and "C ", plantings (as described below in this Section and at Section 21(2) herein) 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 Owner and the Subdivider shall install an eight foot (8') wide concrete walkway and trail across Outlot "A" (North /South) and a six (6)foot wide concrete walkway and trail within the "20.0' Public Access Easement ", crossing Outlot "C ", as shown on the plat r filed herewith, according to the plans and specifications approved by the City Engineer. The walkway and trail located upon the "20.0' Public Access Easement" crossing Outlot "C" need not be constructed until Westminster Street is constructed. The Owner and Subdivider shall install certain sidewalks concurrent with the paving of Lower West Branch Road. These sidewalks shall be five feet in width and shall be located adjacent to the north side of Lower West Branch Road abutting Outlot "A ", adjacent to the west side of Teton Circle abutting Outlot "B ", and adjacent to the south side of Lower West Branch Road abutting Outlot "C ". The Owner and Subdivider shall also plant a mixture of evergreen and deciduous trees and shrubs approved by the City forester (and described below at Section 21(2) herein) within the area designated on the plat filed herewith as "30.00' Landscape Buffer Easement" pursuant to Section 15 -3 -4, Iowa City Code of Ordinances. (The sanitary sewers, water mains, storm sewers, tile lines, walkways and trails, certain sidewalks abutting Outlots "A ", "B" and "C ", planting requirements and concrete paving 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. In consideration of the City approving the subdivision, the Owner and Subdivider agree as a covenant running with the land that, except as provided in this Agreement, the City need not issue a building permit for any lot in the Subdivision until the Storm Water Detention Facility ( "Facility ") , including the site work incident thereto, located on Outlot "C ", as more particularly located on the Subdivision Plat filed herewith has been installed by the Owner and Subdivider and either released or accepted by the City. Owner and Subdivider agree that the duty to maintain the Facility shall remain on the Owner and Subdivider, the present owner of the Facility, and Owner 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, Title 16, Chapter 3, Article G, as amended. The parties acknowledge that the Stormwater Detention Facility 2 ,#1 located upon Outlet "C" within Rochester Ridge Part One shall also serve the subdivision of Rochester Ridge Part Two, and the future subdivisions of Rochester Ridge Part Three and Part Four. SECTION 3. CONSTRUCTION OF IMPROVEMENTS AND FACILITY. All Improvements and Facility described in Sections 1 and 2 of this Agreement shall be constructed and installed by the Owner and 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 Owner and Subdivider from their responsibility to construct said Improvements and Facility 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 and Facility are constructed in conformance with said plans and specifications. SECTION 4. SIDEWALKS. The Owner and Subdivider agree that it will install sidewalks abutting each of the lots and outlets in said subdivision adjacent to Teton Circle and Lower West Branch Road. Said sidewalks shall be five feet wide according to plans and specifications approved by the City Engineer of the City of Iowa City, Iowa. 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 Owner and the Subdivider or its successor(s), shall install the sidewalks abutting each numbered lot in the subdivision when each such lot is developed, except for the sidewalks abutting the outlets, which shall be installed concurrent with the paving of the adjacent public street. SECTION 5. BUILDING PERMIT AND ESCROW MONIES. In the event the Owner and Subdivider should desire a building permit on any lot in said subdivision before the Improvements and Facility have been installed, the Owner or Subdivider shall deposit with the City Clerk in escrow an amount equal to the estimated cost of said Improvements and Facility 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 Owner and Subdivider deposit in escrow with the 3 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 Owner and Subdivider shall be responsible for the cost of any such clean -up after and to the extent that the Owner and 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 Owner or Subdivider. If the Erosion Clean -Up Escrow is insufficient to pay the costs incurred by the City, the Owner and 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 Owner or 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 erected pursuant to Section 5, the City, in its discretion, may require the Owner and Subdivider to construct and install the Improvements, Facility, 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 and Facility have not been constructed and installed, the City may use any funds deposited in the Improvements Escrow to construct and install the improvements and Facility. If the cost of construction and installing of said Improvements and Facility 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 and Facility. SECTION 8. WAIVER. If Owner and Subdivider sells or conveys lots in said subdivision without constructing or installing the Improvements and Facility, or the Owner and Subdivider fails to construct sidewalks required herein, the City shall have the right to install and construct said Improvements, Facility or sidewalks. Owner and Subdivider acknowledge and agree that all lots in the subdivision are 4 specifically benefitted by the Improvements and Facility, 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 and Facility need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such Improvements and Facility. 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, Facility, 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 and Facility have been installed to the satisfaction of the City, it will, upon request, promptly issue to the Owner and 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. SECTION 10. STORMWATER DETENTION FACILITY RELEASE. With respect to Owner and Subdivider's obligation to construct the Stormwater Detention Facility, the City agrees to provide a partial release for the development from any liens or clouds on title to the development by reason of such stormwater management obligations, provided the City Engineer certifies the following conditions and /or events have occurred: 1. The Facility has been substantially completed on that portion of the development to be released. 2. An escrow account has been established with the City in an amount not less than $10,000.00 to which the City's lien should attach immediately upon execution or recording of the partial Release. 3. Ground cover is established and mowable so that the upland area is stable and surface erosion is mitigated. The City agrees to issue a total Release for the Facility upon certification by the City Engineer, in writing, that all of the 5 following events and /conditions have been satisfactorily completed: 1. Permanent ground cover is established and mowable. 2. Erosion and sedimentation are controlled in conformance with the approved plans and specifications. 3. All land within the tributary area in the Development has been developed. 4. The Facility is complete. The Mayor is hereby authorized to execute all Releases provided for in this Section, with the concurrence of the City Engineer and the City Attorney. SECTION 11. STREET MAINTENANCE. The Owner and Subdivider agree 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 12. STREET ACCESS RESTRICTIONS. Lots 1 - 6 shall have vehicular access to Lower West Branch Road only and not to Rochester Avenue or Teton Circle. Lot 7 shall have vehicular access to Teton Circle only and not to Rochester Avenue. SECTION 13. NEIGHBORHOOD OPEN SPACE. Subdivider also agrees to pay the City $13,200 in lieu of dedicating .24 acres 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 14. 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 15. 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 6 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 16. ALL UTILITIES TO BE UNDERGROUND. The Owner and Subdivider agree that all electrical, telephone, and cable television service distribution lines installed in this subdivision shall be installed underground. SECTION 17. LONG TERM MAINTENANCE OF PRIVATE OPEN SPACES. The Owner and Subdivider acknowledges that the Conditonal Zoning Agreement recorded at Book 4768, Page 604 -612, requires articulation of a maintenance plan for the Stormwater Detention Facility shown on the subdivision plat and located on Outlot "C" (and shown on the Preliminary Plat and Sensitive Areas Plan as Oulot "A ") . The obligation to perform the maintenance shall pass to the homeowners association to be established, the Rochester Ridge Homeowners Association, an Iowa non - profit corporation ( "Association ") , which Association shall have, in perpetuity, the obligation to perform the maintenance obligations described in this section, assessing the costs of such maintenance to the owners of all of the lots having membership in the Association in the manner provided in the Articles of Incorporation and Bylaws of the Association. The maintenance of the Stormwater Detention Facility shall conform in all respects to the requirements of the Sensitive Areas Development Plan and Wetland Mitigation Plan dated April 20, 2011. If the Owner and Subdivider or its successor the Association fails to perform any of the duties described in this Section, the City may, but is not required to, cause to be perform the omitted duties, and assess the cost thereof to the Owner and Subdivider or the Association, or to the individual lot owners within all of the subdivisions within Rochester Ridge. All inspections called for in this Section shall be performed by an expert in wetlands mitigation. The Owner and Subdivider, or successor Association, shall at their expense provide for inspection and monitoring of the Storm Water Detention Facility by an expert in wetland mitigation engaged by the Owner and Subdivider or Association. The expert shall monitor for any conditions which would jeopardize the operation of the regulated area as a functioning wetland and /or functioning Stormwater Detention Facility according to the best practices in wetland 7 �r� management as are established, from time to time, by the relevant professional associations. The expert shall prepare, for submission to the City on an annual basis, a report certifying compliance with the requirements of the Wetland Mitigation Plan and Sensitive Areas Development Plan and documenting any noted deficiencies and necessary corrective action, which action shall be undertaken by the Owner and Subdivider or Association. After five years of consecutive annual reports which show progressive achievement toward establishment of a functional wetland, two additional reports shall be required at two year intervals. The parties acknowledge that if continued progress is shown by the biannual reports, the Owner and Subdivider or Association shall have no further reporting obligation pursuant to this Agreement. The City, however, reserves the right to require additional mitigation actions, monitoring and reporting if such progress is not shown. Prior to issuance of a grading permit, the Owner and Subdivider shall submit to the City an approved permit from the U.S. Army Corps of Engineers. Outlot "C" shall be held and maintained for the purpose of stormwater detention and wetlands in perpetuity for the benefit of the owners of the various parts of Rochester Ridge, and may not be sold to any individual or organization except for the express purpose of preserving and maintaining the Stormwater Detention Facility, wetland and its buffers. SECTION 18. WATER MAIN EXTENSION FEE. The Owner and Subdivider agree that no building permit will be issued for any lot in Rochester Ridge Subdivision Part One until the Owner and Subdivider has paid to the City a water main extension fee of $4,317.35. SECTION 19. CONDITIONAL ZONING AGREEMENT. The Owner and Subdivider acknowledge they are bound by the terms and conditions of the Conditional Zoning Agreement recorded at Book 4768, Page 604 -612. The parties agree that the Conditional Zoning Agreement makes reference to Outlot "A ", which outlot has been redesignated as Outlot "C" on the final plat for Rochester Ridge Part One. SECTION 20. SUB - DRAINAGE SYSTEM. Basements are permitted to be constructed on all lots in this subdivision. However, basements or dwellings constructed on all lots are subject to the following conditions ane restrictions: Basements shall be equipped with a sump pump and adequate foundation tile with discharge into the subsurface drainage system located adjacent to Lower West Branch Road 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 8 �t ;t, 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: I. 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 Lower West Branch Road and Teton Circle. SECTION 21. MISCELLANEOUS. 1. No fences shall be permitted in any area designated on the Final Plat as a "Drainage Easement ". 2. 70 replacement trees are to be planted as part of the landscape buffer area along Rochester Avenue and 66 trees will be planted in Outlet "C ". Each of the lots shall have 5 trees planted with each new home constructed. Trees to be planted are those identified on the Preliminary Plat and Sensitive Areas Development Plat. 3. 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. 4. 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. 5. Outlets "A", "B", and "C" shall be held and maintained by the Subdivider, or the Association, once such outlets and associated obligations have been transferred by the Subdivider to the Association. 6. The parties acknowledge that Owner is selling the real estate comprising Rochester Ridge Part One to Subdivider and a closing is contemplated in the near future. The parties further acknowledge and agree that upon the sale by Owner to Subdivider and Owner no longer having any legal interest in the real estate comprising Rochester Ridge Part One, Owner shall have no further obligations or liability whatsoever in connection with this Agreement. h � Dated this day of A" 1457; 2011. 9 OWNERS: Shirley A Connor Robert Connor =KRYSTLE ER STATE OF IOWA ) 64298 s s: rows ires JOHNSON COUNTY ) q This instrument was acknowledged before me on the I day of 2011 by Shirley A. Connor and Robert Conno , wife and husband. awl" (Stamp or Seal) Notary Public 'n n or the Stlate of Iowa Judith L. Gabriel STATE OF FLORIDA ) ) SS: COUNTY ) Ronald Gabriel This instrument was acknowledged before me on the day of 2011 by Judith L. Gabriel and Ronald Gabriel, wife and husband. (Stamp or Seal) Notary Public in and for the State of Florida Robert W. Stevens Cindi Stevens STATE OF IOWA ) ) SS: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of 2011 by Robert W. Stevens and Cindi Stevens, husband and wife. (Stamp or Seal) James E. Stevens STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Notary Public in and for the State of Iowa 10 f/; OWNERS: Shirley A. Connor STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Robert Connor This instrument was acknowledged before me on the day of 2011 by Shirley A. Connor and Robert Connor, wife and husband. (Stamp or Seal) Notary Public in and for the State of Iowa X/c- eeL1�F �� ��EC.LP �G F�� M1-.• Nudith L. Gabriel Ronald Gabriel STATE OF FLORIDA ) ) SS: COUNTY ) This instrument was acknowledged before me on the day of)-(-, _, 2011 by Judith L. Gabriel and Ronald Gabriel, wife and husband. (� 1�" t 1e GARETL.TIERNEY �. (St m $ e Public, State of Florida ComoilssionOOD924354 Notary Publi n and for the State�bf- Flor'i` a My Comm. oxpres Sept. 16, 2013 Robert W. Stevens Cindi Stevens STATE OF IOWA ) ) SS: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of 2011 by Robert W. Stevens and Cindi Stevens, husband and wife. (Stamp or Seal) James E. Stevens STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Notary Public in and for the State of Iowa 10 ,j f. OWNERS: Shirley A. Connor Robert Connor STATE OF IOWA ) ) as: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of 2011 by Shirley A. Connor and Robert Connor, wife and husband. (Stamp or Seal) Judith L. Gabriel STATE OF FLORIDA ) ) SS: COUNTY ) Notary Public in and for the State of Iowa Ronald Gabriel This instrument was acknowledged before me on the day of 2011 by Judith L. Gabriel and Ronald Gabriel, wife and husband. (Stamp or Seal) Notary Public in and for the State of Florida Robert W. Stevens Cindi Stevens STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the g day of', 2011 by R erg W. Stevens and Cindi Stevens, husband and wife. (Stamp OI pomn ,ames E. Stevens STATE OF IOWA ) ) as: JOHNSON COUNTY ) ary Public in and for 10 State of Iowa {-i -N This instrument was acknowledged before me on the ''j day of (} \i�1, 2011 by James E. Stevens, a single person. +� r ME (Stamp or c4049 -�i� C� ��C Z. es Notary Public in and for the State of Iowa Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust By: Shirley A. Connor as Successor Trustee STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of , 2011 by Shirley A. Connor, as Successor Trustee for the Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust. (Stamp or Seal) Notary Public in and for the State of Iowa 11 This instrument was acknowledged before me on the day of 2011 by James E. Stevens, a single person. (Stamp or Seal) Notary Public in and for the State of Iowa Robert W. Stevens Revocable Trust and Dorothy% fL�. Stevens I-/,/- ,, Revocable Trust / By: Shirley A //Connor as Successor Trustee STATE OF IOWA 1 SS: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of 2011 by Shirley A. Connor, as Successor Trustee for the Robert W. Stev ns Revocable Trust and Dorothy L. Stevens Revocable Trust. (St Z�41 I A KRYSTLEJ BECKER Nota y Publi in nd for the State of Iowa Commission Number 764290 My Commission Expires rewn Aug. 20, 2013 11 f SUBDIVIDER: ROCHESTER RIDGE LLC by: Jesse Alleni', M41ber and Manager State of Iowa ) )ss: Johnson County ) This instrument acknowledged before me this 3(d day of �'��G3', 2011 by Jesse Allen, Member and Manager of Rochester Ridge LLC. (stamp or s CITY OF IOWA CITY, IOWA (y by: Matthew J. Hayek, M e ayo a 7 `/ A -w /5 tary Public M and for the State of Iowa ATTEST Maria r, City Clerk State of Iowa ) )ss: Johnson County ) ��ii ' This instrument acknowledged before me thisc�2 " day ofc� ��4J5011 by Matthew J. Hayek and Marian Karr, Mayor and City Clerk respectively of the City of Iowa City, Iowa. (stamp or seal) +i� •Y.EU To, �Ti Notar Public in and for the State of Iowa o s �Commis;ion P:u` ibeErIr $1� Y 12 Prenarer ID: Lars G. Anderson 123 N. Linn St., Suite 300 Iowa City, IA 52245 (319)-354-0331 TEMPORARY CONSTRUCTION EASEMENT ROCHESTER RIDGE PART ONE - IOWA CITY, IOWA THIS AGREEMENT, made by and between Shirley A. Connor and Robert Connor, wife and husband, Judith L. Gabriel and Ronald Gabriel, wife and husband, Robert W. Stevens and Cindi Stevens, husband and wife, and James E. Stevens, a single person, Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust by Shirley A. Connor as successor trustee to both trusts, hereinafter collectively called "Owner ", and Rochester Ridge LLC, hereinafter called "Subdivider ", and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City ". In consideration of One Dollar and other valuable consideration, Owner and Subdivider and City agree as follows: 1. Owner and Subdivider grant and convey to the City a temporary construction easement over and across the area designated as "20.00' Construction Easement" as shown on the Final Plat of Rochester Ridge Part One and referred to herein as "easement area ", for the purpose of facilitating City's widening and /or reconstruction of Rochester Avenue hereinafter referred to "public improvement ", which grant shall include necessary grading, excavation, piling of dirt, regrading restoration, storage of materials and equipment, and ingress and egress of persons and equipment to the easement area as needed to complete the public improvement. 2. The term of this Temporary Construction Easement shall be for the period of time required by the City to complete the public improvement, but in no event shall the duration extend beyond two years from commencement of the project. 3. With respect to the easement area, Owner and Subdivider grants the following rights: a. City shall have the right to make excavations with the easement area, and to grade as City may find reasonably necessary for the construction. City covenants and agrees to protect such excavations .17 during construction; to promptly fill said excavations following construction; and to hold Owner and Subdivider harmless from third party liability during said construction. b. City shall promptly backfill any trench made by it, and repair any damages caused by City within the easement area, including the replacement of any trees, shrubs and brush on the easement area required by the City as part of the Landscape Buffer requirements for the subdivision. City shall indemnify Owner against loss or damage which occurs as a result of City's negligent acts or omissions in the exercise of its easement rights herein. Once the easement area has been restored substantially to its prior condition and except as expressly provided in this Agreement, City shall have no further responsibility for maintaining the easement area. C. City shall have the right of ingress and egress to and from the easement area by such route within the easement area as shall occasion the least practical damage and inconvenience to Owner. d. City shall have the right to trim or remove all structures, trees, brush, and any other landscaping features which may interfere with the exercise of City's rights pursuant to this Agreement, subject to its obligations provided paragraph 3b above. 4. City covenants and agrees that existing site features installed pursuant to the final plat of Rochester Ridge Part One, which are removed or disturbed shall, to the extent reasonably possible, be replaced by City to conform with features or items removed during construction. City further agrees that all grassed areas disturbed by the construction shall be seeded withing a reasonable time after construction is complete. 5. 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 withing the easement area which are disturbed will be graded to form a uniform slope, and topsoil shall be replaced and respread over distributed areas, thereby restoring said area substantially to its prior condition, with the exception of the replacement of trees, shrubs and brush. 6. City hereby gives notice of Owner's five year right to renegotiate construction or maintenance damages not apparent at the time of the signing of this easement agreement as required by ft� t §6B.52, Code of Iowa (2011). 7. 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 land and with the title to the land, and shall be recorded in the Johnson County recorder's Office, at Subdivision expense. Dated this � day of August, 2011 OWNERS: Shirley A. Connor Robert Connor STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Shirley A. Connor and Robert Connor, wife and husband. (Stamp or Seal) udith L. - Gabriel STATE OF FLORIDA ) SS: COUNTY ) Notary Public in and for the State of Iowa Ronald Gabriel This instrument was acknowledged before me on the `` `` day of August, 2011 by Judith L. Gabriel and Ronald Gabriel, wife and husband. (S IV Q e 1�FQ -TI 71SpNEy ��. weary Pn69c. State of Florida Notary Public )and for the State of t Comnssion #00024354 Florida my, comm, expires Sept. 16, 2013 Robert W. Stevens STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Cindi Stevens §6B.52, Code of Iowa (2011). 7. 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 land and with the title to the land, and shall be recorded in the Johnson County recorder's Office, at Subdivision expense. Dated this day of August, 2011 OWNERS: Shirley A. Connor Robert Connor STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Shirley A. Connor and Robert Connor, wife and husband. (Stamp or Seal) v� '&�, � udith L: Gabriel STATE OF FLORIDA ss: ✓V��`"�',�^ COUNTY Notary Public in and for the State of Iowa 73,\� I �G At Ronald Gabriel This instrument was acknowledged before me on the L fkJ_ day of August, 2011 by Judith L. Gabriel and Ronald Gabriel, wife and husband. (St kii u gGARETLIMMEY ry POhilc, State affllorid a Notary, Pub a � ytam�\ � a �te CommissiaD9 Florida yceomm.oxprasSept98,2013 -- Robert W. Stevens STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Cindi Stevens ri §6B.52, Code of Iowa (2011). 7. 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 land and with the title to the land, and shall be recorded in the Johnson County recorder's Office, at Subdivision expense. Dated this L�_ day of August, 2011 OWNERS: Shirley , . C nnor STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was August, 2011 by Shirley A (Stamp or Seal) gd� ,/�i Robert Connor KRYS 11E J BECKER $ Commission Number 764298 rorrA My Commission Ex Aires Aug. 20, 201.3 1„ acknowledged before me on the AT day of Connor and Robert Connor, wife and husband. Notary Tublic �T ant/'O—r the State of Iowa Judith L. Gabriel Ronald Gabriel STATE OF FLORIDA ) ss: COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Judith L. Gabriel and Ronald Gabriel, wife and husband. (Stamp or Seal) Notary Public in and for the State of Florida Robert W. Stevens Cindi Stevens STATE OF IOWA ) ) ss: JOHNSON COUNTY ) C' i�b §6B.52, Code of Iowa (2011) . 7. 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 land and with the title to the land, and shall be recorded in the Johnson County recorder's Office, at Subdivision expense. Dated this day of August, 2011 OWNERS: rley A. Connor STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Robert Connor This instrument was acknowledged before me on the day of August, 2011 by Shirley A. Connor and Robert Connor, wife and husband. (Stamp or Seal) Notary Public in and for the State of Iowa Judith L. Gabriel Ronald Gabriel STATE OF FLORIDA ) SS: COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Judith L. Gabriel and Ronald Gabriel, wife and husband. (Stamp or Seal) Notary Public in and for the State of Florida Robert W. n6evens Cindi Stevens STATE OF IOWA ) ) SS: JOHNSON COUNTY ) r� � This instrument was acknowledged before me on the 4 -( �- day of August, 2011 by Robert W. Stevens and Cindi Stevens, husband and wife. (Stain al .�`1 "r SU=GERECZ issMy CoA STATE OF IOWA Notary Public in and for the State of Iowa /ames E. Stevens / ss: JOHNSON COUNTY ) FLT This instrument was acknowledged before me on the > day of August, 2011 by James E. Stevens, a single person. SUSAN GERECZ (Stamp or c Commission Number 184049 My Commission Expires Notary Public in and for the State of Iowa April 10, 2014 Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust By: Shirley A. Connor as Successor Trustee STATE OF IOWA ) ) Ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by Shirley A. Connor, as Successor Trustee for the Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust. (Stamp or Seal) Notary Public in and for the State of Iowa �'f; This instrument was acknowledged before me on the day of August, 2011 by Robert W. Stevens and Cindi Stevens, husband and wife. (Stamp or Seal) Notary Public in and for the State of Iowa James E. Stevens STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of August, 2011 by James E. Stevens, a single person. (Stamp or Seal) Notary Public in and for the State of Iowa Robert W. Stevens Revocable Trust and Doroil y L. Stevens R� vocable Trust By: Shirley/ A) Connor as Successor Trustee STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the q `day of August, 2011 by Shirley A. Connor, as Successor Trustee or the Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust. (Stamp or Seal) Notary Public n d r e of Iowa KRYSTLE J BECKER a� Commission Number 764298 My Commission Expires owe Aug.20,2013 SUBDIVIDER: ROCHESTER RIDGE LLC by: JesF,6 Allen, Member and Manager State of Iowa ) ss: Johnson County ) y .D This instrument acknowledged before me this I day of August, 2011 by Jesse Allen, Member and Manager of Rochest r,,Ridge LLC. (stamp c , =ANDERSON N o� Notar Public in and for the State of Iowa z Co422 y/ s 0, CITY OF IOWA CITY, IOWA ATTEST by: Matthew J. Hayek, Mayo Maria Karr, City Clerk State of Iowa ) ss: Johnson County ) This instrument acknowledged before me this day of Agisst 2011 by Matthew J. Hayek and Marian Karr, Mayor and City Clerk respectively of the City of Iowa City, Iowa. (stamp or seal)�i`� Fco <FLLIEit.TUIT L Notary Public in and for the State of Iowa nissio� IJ.imber 22181�J }: r co sio xpires c Prepared by and return to.: Lars G Anderson 123 N Linn St., Suite 300 Iowa City IA 52245 (319)354-0331 UNDERGROUND UTILITY EASEMENTS ROCHESTER RIDGE PART ONE - IOWA CITY, IOWA In consideration of the approval of the Final Plat of Rochester Ridge Part One, 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 One, Iowa City, Iowa, as a "10.00' Utility Easement ", "10.00' Utility and Storm Sewer Easement ", "15.00' Utility, Sanitary and Storm Sewer Easement ", "20.00' Utility and Sanitary Sewer Easement ", and "10.00' Utility and Sanitary Sewer 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 wi�tVh1 the aforesaid uses or the rights herein granted. Dated this day of August, 2011 OWNERS: Shirley donnor Robert Connor STATE OF IOWA ) KRYSTLE J BECKER )SS: Commission Number 764298 JOHNSON COUNTY ) aw. My Commission 9m001jpires This instrument acknowledged before me this day of August, 2011, by Shirley A. Connor and Robert Connor, wife and husband.1, on (Stamp or Seal) otary Tblrn and for the State of Iowa Judith L. Gabriel Ronald Gab STATE OF FLORIDA ) )SS: COUNTY ) This instrument acknowledged before me this day of August, 2011, by Judith L. Gabriel and Ronald Gabriel, wife and husband. (Stamp or Seal) Notary Public in and for the State of Florida Robert W. Stevens Cindi Stevens STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument acknowledged before me this day of August, 2011, by Robert W. Stevens and Cindi Stevens, husband and wife. X interfere with the aforesaid uses or the rights herein granted. Dated this day of August, 2011 rein Shirley A. Connor STATE OF IOWA ) )ss: JOHNSON COUNTY ) Robert Connor This instrument acknowledged before me this day of August, 2011, by Shirley A. Connor and Robert Connor, wife and husband. (Stamp or Seal) Notary Public in and for the State of Iowa �ici �JezA�e udiT th Lc Gabriel Ronald Gabriel STATE OF FLORIDA ) )ss: ryNc, ,--L-`n COUNTY ) This instrument acknowledged before me this day of August, 2011, by Judith L. Gabriel and Ronald Gabriel, wife and hus A,, MARGARET L.TIERNEY (St NCAalyrublic,StateofFlodda �[' CommlSelon#0924354 Notary Pu&L in and for the State E, a Mycomm.oxpbdeSept.to,2013 Florida ) Robert W. Stevens Cindi Stevens STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this day of August, 2011, by Robert W. Stevens and Cindi Stevens, husband and wife. interfere with the aforesaid uses or the rights herein granted. Dated this day of August, 2011 OWNERS: Shirley A. Connor STATE OF IOWA ) )ss: JOHNSON COUNTY ) Robert Connor This instrument acknowledged before me this day of August, 2011, by Shirley A. Connor and Robert Connor, wife and husband. (Stamp or Seal) Judith L. Gabriel STATE OF FLORIDA ) )SS: COUNTY ) Notary Public in and for the State of Iowa Ronald Gabriel This instrument acknowledged before me this day of August, 2011, by Judith L. Gabriel and Ronald Gabriel, wife and husband. (Stamp or Seal) Notary Public in and for the State of Florida R ert W. Stevens Cindi Stevens STATE OF IOWA ) )SS: JOHNSON COUNTY ) This instrument acknowledged before me this �—' day of August, 2011, by Robert W. Stevens and Cindi Stevens, husband and wife. ,fie, SUSAN GERECZ Commission Number 184049 MY COAmm 0 20 xotes (Stamp or eal) �� Z. Notary Public in and for the State of Iowa .dames E. Stevens STATE OF IOWA ) ) ss: JOHNSON COUNTY ) t� This instrument acknowledged before me this S day of August, 2011, by James E ens. �4' "r4 SUSAN GERECZ (Stamp or S );j mmissionNumber184041 My Commission Expres vS Cam` -t C —'i`QC Z A '110,2014 Notary Public in and for the state of Iowa Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable Trust by: Shirley A. Connor as Successor Trustee STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this day of August, 2011, by Shirley A. Connor as Successor Trustee of the Robert W. Stevens Revocable Trust and the Dorothy L. Stevens Revocable Trust. (Stamp or Seal) Notary Public in and for the State of Iowa (Stamp or Seal) Notary Public in and for the State of Iowa James E. Stevens STATE OF IOWA ) )SS: JOHNSON COUNTY ) This instrument acknowledged before me this day of August, 2011, by James E. Stevens. (Stamp or Seal) Notary Public in and for the State of Iowa Robert W. Stevens Revocable Trust and Dorothy L. Stevens Revocable /Trust by: Shirley .'Connor as Successor Trustee STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument acknowledged before me this day of August, 2011, by Shirley A. Connor as Successor Trustee of the Robert W. Stevens Revocable Trust and the Dorothy L. Stevens Revocable Trust. nn (Stamp or Seal) + Not "y Publi irOrnd for the State of Iowa 101 KRYSTLE J BECKER Commission Number 764296 rows My Commission Expires Aug. 20, 2013 101 Fa4 --. )oo ID: 02 Und: SUBDIV Amt 5 Type: GEN at 03:39:33 PM Iof 35 Jonnson county iowa Kim Painter County Recorder 13K4805 PG77 -821 (--/ 3� STATE OF IOWA JOHNSON COUNTY ) )SS ° IIt CITY OF IOWA CITY 410 East Wash I oglon Slreel Iowa City, Iowa 52240 -1826 (319) 356 -5000. (319) 356 -5009 FAX w,.w.kgov-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.11 -308, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20th day of September, 2011, all as the sane appears of record in my office. Also attached are the final legal documents for Rochester Ridge Part Two, Iowa City, Iowa as follows: 1. Landscape Buffer Easement Agreement 2. Mortgagee Consent 3. Owners Certificate 4. Sanitary Sewer Easement Agreement 5. Storm Sewer and Drainage Easement Agreement 6. Subdivider's Agreement 7. Temporary Construction Easement Agreement 8. Attorney's Title Opinion 9. Treasurer's Certificate 10. Underground Utility Easement Agreement 11. Water Main Easement Agreement 12. Auditor's Certificate Dated at Iowa City, Iowa, this AL day of 42011. Marian Karr City Clerk Ves subdivision lm� Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356- 5240(SUB11- 00008) RESOLUTION NO. I I -nos RESOLUTION APPROVING FINAL PLAT OF ROCHESTER RIDGE PART TWO, IOWA CITY, IOWA. WHEREAS, the owners, the Robert W. Stevens Revocable Trust and the Dorothy L. Stevens Revocable Trust, Shirley A. Connor, Judith Gabriel, Robert W. Stevens and James E. Stevens ,and the Applicant, Rochester Ridge LLC applicant, Rochester Ridge, LLC filed with the City Clerk the final plat of Rochester Ridge 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 Southwest Corner of Lot 313 of Oakwoods Addition Part 6, in accordance with the Plat thereof Recorded in Plat Book 10 at Page 67, of the Records of the Johnson County Recorder's Office; Thence N00 °33'42 "W, along the West Line of said Oakwoods Addition Part 6, a distance of 551.54 feet, to the Point of Beginning; Thence S89 °26'18 "W, 219.11 feet; Thence N48 °14'36 "W, 107.60 feet; Thence N00 020'58 "W, 141.90 feet; Thence N19 °17'31 "W, 72.23 feet; Thence N70 °42'29 "E, 4.85 feet; Thence N19'17'31 "W, 262.00 feet to a Point on the Northerly Line of the Parcel Depicted on the "Road Right -of -Way Re- establishment Plat" as Recorded in Plat Book 54, at Page 300, of the Records of the Johnson County Recorder's Office; Thence N70 °42'29 "E, along said Northerly Line, 423.30 feet, to the Northwest Corner of Dean Oakes Woods Addition, in accordance with the Plat thereof Recorded in Plat Book 28, at Page 94, of the Records of the Johnson County Recorder's Office; Thence S00 °33'42 "E, along the West Line of said Dean Oakes Woods Addition, and the West Line of said Oakwoods Addition Part 6, a distance of 668.36 feet, to the Point of Beginning. Said Tract of land contains 4.57 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 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. <,t 121 Resolution No. 1 1— X08 Page 2 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 20th day of SPpfPmhPr 2011. MAYOR Approved by ATTEST: CITY EtT� RK 4 City-Attorney's Office V 3d /y It was moved by I Bailey and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: X X x X X X X NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright J,(4 pcdltampletes/Fnai Plat PaM12- Resolu6on.tloc.doc i�` ` Prepared by and return to.: Lars G. Anderson, 123 N. Linn St., Suite 300, Iowa City, IA 52245, (319)354 -0331 LANDSCAPE BUFFER EASEMENT AGREEMENT ROCHESTER RIDGE PART TWO - IOWA CITY, IOWA In consideration of the approval of the Final Plat of Rochester Ridge Part Two, Iowa City, Iowa, the undersigned as Subdivider hereby reserves to itself and its assigns a perpetual easement upon, over, under, along and across the areas marked on the Final Plat of Rochester Ridge Part Two, Iowa City, Iowa, as a "30.00' Landscape Buffer Easement" for the purpose of planting and maintaining a mixture of coniferous and deciduous vegetation. This reserved easement shall include the right to plant, install, lay, construct, reconstruct, renew, treat, care for, and maintain any and all plantings required by the City of Iowa City as part of the approval of Rochester Ridge Part Two - Iowa City, No permanent dwellings structures or fences shall be placed on the areas so designated for Landscape Buffer Easement, however the same may be used for purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. The easement reserved herein may be assigned to the Rochester Ridge Homeowners Association and may not be terminated without the written approval of the City of Iowa City, Iowa. Dated this 2 day of September, 2011. SUBDIVIDER: ROCHESTER RIDGE, L.L.C. -0 -- by: Je Al en, Member and Manager ,1L1 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was September, 2011 by Jesse Ridge, L.L.C. f*k— (JZANNE E. SHEBEK (S tamp hnmission Number 713257 My commission Expires October 26, 2013 CITY OF IOWA CITY, IOWA acknowledged before me on the /)"-[/(--day of Allen, as Manager and Member of Rochester e Notary P is in and for the State of Iowa by: Matthew J. H e , Mayor State of Iowa ) )ss: Johnson County ) ATTEST Marl,an K. Karr, City Clerk This instrument acknowledged before me this A& day of September, 2011 by Matthew J. Hayek and Marian K. Karr, Mayor and City Clerk respectively of the City of Iowa City, Iowa. j/� r� (stamp or seal) T-w 1(ELLIE IC TUTI'LE Notary Public in and for the State of Iowa ission Number221819 Ady C msio Eres 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 Two Subdivision. That mortgage is as follows: 1. A mortgage dated August 16, 2011,recorded September 7y 2011, in Book 4800, Page 55, Johnson County Recorder's Office. The property included within Rochester Ridge Part Two Subdivision is described as follows: Commencing at the Southwest Corner of Lot 313 of Oakwoods Addition Part 6, in accordance with the Plat thereof Recorded in Plat Book 10 at Page 67, of the Records of the Johnson County Recorder's Office; Thence N00 033142 "W, along the West Line of said Oakwoods Addition Part 6, a distance of 551.54 feet, to the Point of Beginning; Thence S89 °26'18 "W, 219.11 feet; Thence N48 014136 "W, 107.60 feet; Thence N00 020'58 "W, 141.90 feet; Thence N19 017'31 "W, 72.23 feet; Thence N70 °42'29 "E, 4.85 feet; Thence N19'17'31 "W, 262.00 feet to a Point on the Northerly Line of the Parcel Depicted on the "Road Right - of -Way Re- establishment Plat" as Recorded in Plat Book 54, at Page 300, of the Records of the Johnson County Recorder's Office; Thence N70 042129 "E, along said Northerly Line, 423.30 feet, to the Northwest Corner of Dean Oakes Woods Addition, in accordance with the Plat thereof Recorded in Plat Book 28, at Page 94, of the Records of the Johnson County Recorder's Office; Thence S00 033142 "E, along the West Line of said Dean Oakes Woods '1r�1 Addition, and the West Line of said Oakwoods Addition Part 6, a distance of 668.36 feet, to the Point of Beginning. Said Tract of land contains 4.57 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 Two Subdivision and hereby releases any and all liens against those portions of the property dedicated to the public. Dated as of this —a 0 day of September, 2011. Hills Bank and Trust Company by: 3er roviN e-MWAtye, I &Kki„9OfVce4 STATE OF IOWA ) )ss: JOHNSON COUNTY ) 1^^ This instrument was acknowledged before me on the eL� day of September, 2011, by Fe.re,Ay A Proyi . eounw.eft %wl 6 ) ' ;cu of Hills Bank and Trust Company. L JACE N. ®AiLEY °S Commlaslon Number 742882 ply��opmmmisslon EEDWIM ow �1•^ ^� ^� N ary Public State, and for the Iowa 1 Prepared by: Lars 0. Anderson, 123 N. Linn St., Suite 300, P.O. Box 2820, Iowa City, IA 52244, (319) 354 -0331 OWNER'S CERTIFICATE The undersigned, Rochester Ridge, L.L.C. requests approval of the subdivision known as Rochester Ridge Part Two, said subdivision shown on the plat filed with this Certificate, which is a subdivision of the following described property: Commencing at the Southwest Corner of Lot 313 of Oakwoods Addition Part 6, in accordance with the Plat thereof Recorded in Plat Book 10 at Page 67, of the Records of the Johnson County Recorder's Office; Thence N00 °33'42 "W, along the West Line of said Oakwoods Addition Part 6, a distance of 551.54 feet, to the Point of Beginning; Thence S89 026118 "W, 219.11 feet; Thence N48 °14136 "W, 107.60 feet; Thence N00 020158 "W, 141.90 feet; Thence N19 017131 "W, 72.23 feet; Thence N70 °42'29 "E, 4.85 feet; Thence N19'17'31 "W, 262.00 feet to a Point on the Northerly Line of the Parcel Depicted on the "Road Right -of -Way Re- establishment Plat" as Recorded in Plat Book 54, at Page 300, of the Records of the Johnson County Recorder's Office; Thence N70 042'29 "E, along said Northerly Line, 423.30 feet, to the Northwest Corner of Dean Oakes Woods Addition, in accordance with the Plat thereof Recorded in Plat Book 28, at Page 94, of the Records of the Johnson County Recorder's Office; Thence SOO °33'42 "E, along the West Line of said Dean Oakes Woods Addition, and the West Line of said Oakwoods Addition Part 6, a distance of 668.36 feet, to the Point of Beginning. Said Tract of land contains 4.57 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. �i�`t The streets and easements are hereby dedicated to the public as provided for by Chapter 354 of the Code of Iowa (2011), as amended. 1-2 O Dated as of this ` day of September, 2011. ROCHESTER RIDGE, L.L.C. 1 By: .esse lien, Member and Manager STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of September, 2011 by Jesse Allen, as Manager and Member of Rochester Ridge, L.L.C. ( =,*1A4j",E BEK - ei/IJC�.JiC)`C_/ No tar Public in and for the State of M 7 03res Iowa �,Gi Prepared by and Return to • Lars G. Anderson P.O. Box 2820, Iowa City, IA 52245 (319)354 -0331 SANITARY SEWER EASEMENT AGREEMENT ROCHESTER RIDGE PART TWO - 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: 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 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 "10.00' Utility and Sanitary Sewer Easement ", "10.00' Utility, Sanitary and Storm Sewer Easement ", "20.00' Utility, Sanitary and Storm Sewer Easement ", and "20.00' x 20.00' Sanitary Sewer Easement" on the Final Plat of Rochester Ridge Part Two - Iowa City, Iowa, hereafter described as "easement areas." 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 ,�Li 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 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 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. 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 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 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 90kIL'day of September, 2011. SUBDIVIDER: ROCHESTER RIDGE, L.L.C. by: J len, Member and Manager J 2 State of Iowa ) )ss: Johnson County ) This instrument acknowledged before me this � day of September, 2011 by Jesse Allen, Member and Manager of Rochester Ridge / L.L.C. (stamp or se SUZANNE E.SHEHEK i ; Commission Number 713257 Notary Publ' in and for the State of Iowa My Commission Expires row October 26.2013 CITY OF IOWA CITY, IOWA by: Matthew J. H ye , M State of Iowa ATTEST J / laI44' 17 n Mari K. Karr, City Clerk ) ss: Johnson County ) This instrument acknowledged before me this day of September, 2011 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 71;1��Erxuffes 819 dy Co�n•1is W Preoarer 1 D • Lars G Anderson 123 N Limn St Suite 300 P.O. Box 2820, Iowa City, IA 52244 -2820 (319)354 -0331 STORM SEWER AND DRAINAGE EASEMENT AGREEMENT ROCHESTER RIDGE PART TWO 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 ", which expression shall include its successors in interest and assigns. 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 granst 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, 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 1110.00' Utility, Sanitary and Storm Sewer Easement ", "20.00' Utility, Sanitary and Storm Sewer Easement ", "15.00' Drainage Easement ", as shown on the Final Plat of Rochester Ridge Part Two and referred to herein as "easement areas." 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 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 and 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 areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner and 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. 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 improvement(s) 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 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 2 n day of September, 2011. SUBDIVIDER: ROCHESTER RIDGE, L.L.C. by: J161 e AJAen, Member and Manager 9 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 1I This instrument was acknowledged before me on the 6d day of September, 2011 by Jesse Allen, Member and Manager of Rochester Ridge, L.L.C. j ,,¢� "rs SUZANNE E. SHEBEK �� /�/' � (Stamp or Seal) $ Commission Number 713257 / " o My" isslan expire tart/ PuY{1 c in and for the State of Iowa CITY OF IOWA CITY, IOWA by: Matthew J. Hayek, Mayor State of Iowa ) )ss: Johnson County ) ATTEST Marian K. Karr, City Clerk This instrument acknowledged before me this -;26�-/ 'day of September, 2011 by Matthew J. Hayek and Marian K. Karr, Mayor and City Clerk respectively of the City of Iowa City, Iowaa (stamp or seal)_ IF_ttl E"-' P E Notary Public in and for the State of Iowa o �' w CorNiliseion Pluinooe s19 1 my Ccmm f �r 3 i Prepared by and Return to: Lars G. Anderson, P.O. Box 2820, Iowa City, IA 52245 (319)354-0331 SUBDIVIDER AGREEMENT ROCHESTER RIDGE PART TWO - 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 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 sanitary sewers, water mains, storm sewers, tile lines 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. Additionally, the Subdivider shall extend Lower West Branch Road east from the easterly boundary of the subdivision to Amhurst Street. With said extension, the Subdivider shall be responsible for the paving of Lower West Branch Road, the installation of five foot (5') sidewalks and 6 inch tile lines adjacent to each side of Lower West Branch Road, the installation of an 8 inch water main adjacent to the north side of Lower West Branch Road, and the installation of storm sewer adjacent to and across Lower West Branch Road near Amhurst Street. These public improvements are collectively referred to as "offsite public improvements." The water main shall be paid for by the City, based upon bids received by the Subdivider and approved by the City. 'V(, The sanitary sewers, water main, storm sewers, tile lines, concrete paving, and offsite public improvements discussed in this section are hereinafter referred to as "Improvements ". The Subdivider shall also plant a mixture of evergreen and deciduous trees and shrubs approved by the City forester (and described below at Section 19(B) herein) within the area designated on the plat filed herewith as "30.00' Landscape Buffer Easement" pursuant to Section 15 -3 -4, Iowa City Code of Ordinances. 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 Two shall be served by the Stormwater Detention Facility ( "Facility ") located upon Outlot "C ", Rochester Ridge Part One. All lots within Rochester Ridge Part Two 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 2 of the lots in said subdivision adjacent to Vail Circle and Lower West Branch Road. Said sidewalks shall be four or five feet wide according to plans and specifications approved by the City Engineer of the City of Iowa City, Iowa. 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 (10 %) 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 erected pursuant to Section 5, the City, in its discretion, may require 3 1r 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 389 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. GJ 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. STREET ACCESS RESTRICTIONS. Lots 26 -31 shall have vehicular access to Lower West Branch Road only and not to Rochester Avenue. SECTION 12. NEIGHBORHOOD OPEN SPACE. Subdivider also agrees to pay the City $5,390.00 in lieu of dedicating .098 acres 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 13_. 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 14. 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 15. 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. 5 SECTION 16. WATER MAIN EXTENSION FEE. The Subdivider agrees that no building permit will be issued for any lot in Rochester Ridge Subdivision Part Two until the Subdivider has paid to the City a water main extension fee of $1,805.15 (4.57 acres at $395.00 per acre). SECTION 17. 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 18. 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 Lower West Branch Road and Vail 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 Lower West Branch Road and Vail Circle. SECTION 19. MISCELLANEOUS. A. No fences shall be permitted in any area designated on the Final Plat as "DRAINAGE EASEMENT ". B. 70 replacement trees are to be planted as part of the landscape buffer area along Rochester Avenue as part of Rochester Ridge Parts One and Two. Trees to be planted are those identified on the Preliminary Plat and Sensitive Areas Development Plat. C. 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. 6 D. 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 September, 2011. SUBDIVIDER: ROCHESTER RIDGE, L.L.C. by: Jess Allen, Member and Manager STATE OF IOWA ss: JOHNSON COUNTY ) L This instrument was acknowledged before me on the day of September, 2011 by Jesse Allen, Member and Manager of Rochester Ridge, L.L.C. f4"�[SUZA,NIIEE Number 3 2 �(Std q rj Nu '9 r773257 C y C MISsion Expires w O MI 26,2013 Notary(P. blic in and for the State of Iowa CITY OF IOWA CITY, IOWA /� SQ _ by: Matthew J. Haye ayor State of Iowa ) )ss: Johnson County ) ATTEST Maria K. Karr, City Clerk This instrument acknowledged before me this (day of September, 2011 by Matthew J. Hayek and Marian K. Karr, Mayor and City Clerk respectively of the Citv of Iowa City, Iowa. (stamp or se l °' <ELLIEK.TU'fiLE ff ft\ S Corumission Number 221819 } iy Com 1351 n ExpiroS 7 Notary Public in and for the State of Iowa Preparer ID• Lars G Anderson 123 N Linn St Suite 300 Iowa City, IA 52245,(319)-354-0331 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT ROCHESTER RIDGE PART TWO - 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 ". In consideration of One Dollar and other valuable consideration, Subdivider and City agree as follows: 1. Subdivider grants and conveys to the City a temporary construction easement over and across the area designated as "20.00' Construction Easement" as shown on the Final Plat of Rochester Ridge Part Two and referred to herein as "easement area ", for the purpose of facilitating City's widening and /or reconstruction of Rochester Avenue hereinafter referred to "public improvement ", which grant shall include necessary grading, excavation, piling of dirt, regrading restoration, storage of materials and equipment, and ingress and egress of persons and equipment to the easement area as needed to complete the public improvement. 2. The term of this Temporary Construction Easement shall be for the period of time required by the City to complete the public improvement, but in no event shall the duration extend beyond two years from commencement of the project. 3. With respect to the easement area, Subdivider grants the following rights: a. City shall have the right to make excavations with the easement area, and to grade as City may find reasonably necessary for the construction. City covenants and agrees to protect such excavations i `'A v' during construction; to promptly fill said excavations following construction; and to hold Owner and Subdivider harmless from third party liability during said construction. b. City shall promptly backfill any trench made by it, and repair any damages caused by City within the easement area, including the replacement of any trees, shrubs and brush on the easement area required by the City as part of the Landscape Buffer requirements for the subdivision. City shall indemnify Subdivider against loss or damage which occurs as a result of City's negligent acts or omissions in the exercise of its easement rights herein. Once the easement area has been restored substantially to its prior condition and except as expressly provided in this Agreement, City shall have no further responsibility for maintaining the easement area. C. City shall have the right of ingress and egress to and from the easement area by such route within the easement area as shall occasion the least practical damage and inconvenience to Subdivider. d. City shall have the right to trim or remove all structures, trees, brush, and any other landscaping features which may interfere with the exercise of City's rights pursuant to this Agreement, subject to its obligations provided paragraph 3b above. 4. City covenants and agrees that existing site features installed pursuant to the final plat of Rochester Ridge Part Two, which are removed or disturbed shall, to the extent reasonably possible, be replaced by City to conform with features or items removed during construction. City further agrees that all grassed areas disturbed by the construction shall be seeded withing a reasonable time after construction is complete. 5. 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 withing the easement area which are disturbed will be graded to form a uniform slope, and topsoil shall be replaced and respread over distributed areas, thereby restoring said area substantially to its prior condition, with the exception of the replacement of trees, shrubs and brush. 6. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, f shall be deemed a covenant which runs with title to the land, and shall be recorded Recorder's Office, at Subdivider's expense. Dated this 2-0 day of September, 2011 SUBDIVIDER: ROCHESTER RIDGE, L.L.C. by: Jesse-Allkn, Member and Manager State of Iowa ) )ss: Johnson County ) the land and with the in the Johnson County This instrument acknowledged before me this 621)1 /t-day of September, 2011 by Jesse Allen, Member and Manager of Rochester Ridge, L.L.C. i (stamp or o )SUZANNE E.SHEBEK , ',)%&X'-�, 29el-6 � _ + Commission Number 713267 Notar ublic in and for the State of Iowa My Commission Expires .w October 26. 2013 CITY OF IOWA CITY, IOWA ATTEST by: Matthew J. Hayek, Mayor Mar n K. Karr, City Clerk State of Iowa ) ss: Johnson County ) This instrument acknowledged before me this o%�''� day of September, 2011 by Matthew J. Hayek and Marian K. Karr, Mayor and City Clerk respectively of the City of Iowa City, Iowaa. (stamp or seal) KELLI<' It.TUl -T- Notary Public in and for the State of Iowa o f 3 v Ccmmis aon Tdumber 221819 ?} I MY po nr nss' n Expires Prepared by Lars G. Anderson 123 N Linn St Suite 300 P.O. Box 2820, Iowa City, IA 52244, (319) 354 -0331 ATTORNEY'S TITLE OPINION Re: Rochester Ridge Part Two located in Iowa City, Johnson County, Iowa, and legally described as follows: Commencing at the Southwest Corner of Lot 313 of Oakwoods Addition Part 6, in accordance with the Plat thereof Recorded in Plat Book 10 at Page 67, of the Records of the Johnson County Recorder's Office; Thence N00 033'42 "W, along the West Line of said Oakwoods Addition Part 6, a distance of 551.54 feet, to the Point of Beginning; Thence S89 °26'18 "W, 219.11 feet; Thence N48 014'36 "W, 107.60 feet; Thence N00 °20'58 "W, 141.90 feet; Thence N19 °17'31 "W, 72.23 feet; Thence N70 042'29 "E, 4.85 feet; Thence N19'17'31 "W, 262.00 feet to a Point on the Northerly Line of the Parcel Depicted on the "Road Right - of -Way Re- establishment Plat" as Recorded in Plat Book 54, at Page 300, of the Records of the Johnson County Recorder's Office; Thence N70 °42129 "E, along said Northerly Line, 423.30 feet, to the Northwest Corner of Dean Oakes Woods Addition, in accordance with the Plat thereof Recorded in Plat Book 28, at Page 94, of the Records of the Johnson County Recorder's Office; Thence S00 °33142 "E, along the West Line of said Dean Oakes Woods Addition, and the West Line of said Oakwoods Addition Part 6, a distance of 668.36 feet, to the Point of Beginning. Said Tract of land contains 4.57 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. 105228. The abstract of title has �, t; been continued to September 8, 2011, 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. Dated as of this yh day of September, 2011. Lars G. Anderson Prepared by: Lars G Anderson 123 N Linn St Suite 300 P.O. Box 2820, Iowa City, 1A 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. Commencing at the Southwest Corner of Lot 313 of Oakwoods Addition Part 6, in accordance with the Plat thereof Recorded in Plat Book 10 at Page 67, of the Records of the Johnson County Recorder's Office; Thence N00 033142 "W, along the West Line of said Oakwoods Addition Part 6, a distance of 551.54 feet, to the Point of Beginning; Thence S89 °26'18 "W, 219.11 feet; Thence N48 014136 11W, 107.60 feet; Thence N00 020'58 "W, 141.90 feet; Thence N19 °17'31 "W, 72.23 feet; Thence N70 042129 "E, 4.85 feet; Thence N19'17'31 "W, 262.00 feet to a Point on the Northerly Line of the Parcel Depicted on the "Road Right - of -Way Re- establishment Plat" as Recorded in Plat Book 54, at Page 300, of the Records of the Johnson County Recorder's Office; Thence N70 042'29 "E, along said Northerly Line, 423.30 feet, to the Northwest Corner of Dean Oakes Woods Addition, in accordance with the Plat thereof Recorded in Plat Book 28, at Page 94, of the Records of the Johnson County Recorder's Office; Thence S00 033142 "E, along the West Line of said Dean Oakes Woods Addition, and the West Line of said Oakwoods Addition Part 6, a distance of 668.36 feet, to the Point of Beginning. Said Tract of land contains 4.57 Acres, and is subject to easements and restrictions of record. Dated as of thisc� day of September, 2011. (A Thomas L. Kriz, County Treasurer by: Parcel #: ►o/,AhS;1�Od) i o►a 15-CM I of �? )5aoc)v , Deputy Prepared by and return to • Lars G Anderson, 123 N. Linn St., Suite 300, Iowa City, to 52245, (319)354-0331 UNDERGROUND UTILITY EASEMENT AGREEMENT ROCHESTER RIDGE PART TWO - IOWA CITY, IOWA In consideration of the approval of the Final Plat of Rochester Ridge Part Two, 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 Two, Iowa City, Iowa, as a "10.00' Utility Easement", "10. 00' Utility, Sanitary Sewer Easement and Storm Sewer Easement ", "10.00' Utility and Sanitary Sewer Easement ", and "20.00' Utility, Sanitary and Storm Sewer 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 it interfere with the aforesaid uses or the rights herein granted. Dated this /— nn day of September, 2011 OWNER: ROCHESTER RIDGE, L.L.C. n 1 By: esse Allen, Member and Manager STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of September, 2011 by Jesse Allen, as Manager and Member of Rochester Ridge, L.L.C. Ita SUZANNEE.SH BEK Commission Number 713257 Notary ublic in and for the State MYOotober 26n2613res Of Iowa Prepared by and Return to: Lars G Anderson P.O Box 2820, Iowa City, IA 52245 (319)354 -0331 WATER MAIN AGREEMENT ROCHESTER RIDGE PART TWO - 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: 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 granst and convey to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such water liens, 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 "10.00' Utility Easement ", "10.00' Utility and Sanitary Sewer Easement ", "10.00' Utility, Sanitary and Storm Sewer Easement ", or "20.00' Utility, Sanitary and Storm Sewer Easement" on the Final Plat of Rochester Ridge Part Two - Iowa City, Iowa, hereafter described as "easement areas ", as located within the Subdivision. 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 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 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. 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 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 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 September, 2011. SUBDIVIDER: ROCHESTER RIDGE, L.L.C. by: J6Ase AJAen, Member and Manager 2 t, State of Iowa ) )ss: Johnson County ) This instrument acknowledged before me this 1)1 1( day of September, 2011 by Jesse Allen, Member and Manager of Rochester Ridge, .L.C. I (stamp or sea'[, Q,�� �2��� ,t s SUZANNE F SHEHEK ,e ,,._�. ]otary Publi� �n and for the State of Iowa CITY OF IOWA CITY, IOWA by: Matthew J. Hayek, M r State of Iowa ) )ss: Johnson County ) ATTEST Mari K. Karr, City Clerk This instrument acknowledged before me this Zlyix day of September, 2011 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 TU'fiLE Num9ber 22r 819 3 Prepared by: Lars G. Anderson, 123 N. Lima 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 Two with reference to the property described below as of the date of this certificate. Commencing at the Southwest Corner of Lot 313 of Oakwoods Addition Part 6, in accordance with the Plat thereof Recorded in Plat Book 10 at Page 67, of the Records of the Johnson County Recorder's Office; Thence N00 °33'42 "W, along the West Line of said Oakwoods Addition Part 6, a distance of 551.54 feet, to the Point of Beginning; Thence S89 026'18 "W, 219.11 feet; Thence N48 014136 "W, 107.60 feet; Thence N00 020158 11W, 141.90 feet; Thence N19 017131 "W, 72.23 feet; Thence N70 042129 "E, 4.85 feet; Thence N19'17131 "W, 262.00 feet to a Point on the Northerly Line of the Parcel Depicted on the "Road Right -of -Way Re- establishment Plat" as Recorded in Plat Book 54, at Page 300, of the Records of the Johnson County Recorder's Office; Thence N70 °42'29 "E, along said Northerly Line, 423.30 feet, to the Northwest Corner of Dean Oakes Woods Addition, in accordance with the Plat thereof Recorded in Plat Book 28, at Page 94, of the Records of the Johnson County Recorder's Office; Thence S00 033'42 "E, along the West Line of said Dean Oakes Woods Addition, and the West Line of said Oakwoods Addition Part 6, a distance of 668.36 feet, to the Point of Beginning. Said Tract of land contains 4.57 Acres, and is subject to easements and restrictions of record. Dated as of this '26 day of September, 2011 Thomas S. Slockeit, County Auditor by: Deputy ,(A a Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356 -5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, SEPTEMBER 14, 2011 EMMA J. HARVAT HALL MEMBERS PRESENT: Caroline Sheerin, Barbara Eckstein, Will Jennings, Brock Grenis, Adam Plagge 1. EXC11 -00007 a public hearing regarding a special exception to allow a wet -batch concrete manufacturing plant in the General Industrial (1 -1) zone on Independence Road, north of 420`h Street and south of Liberty Drive. The Board finds and concludes that the proposed use meets the specific requirement that it must ' be located at least 500 feet from any residentially zoning property in that the nearest residential zone is approximately 2000 feet from the subject property. The Board finds and concludes that all proposed outdoor storage and work areas are located and screened to adequately reduce the noise, dust, and visual impact of the proposed use from surrounding properties, based on the proposed site plan and staff recommendations, which provide for the following : • S3 evergreen screening will be provided along all sides of the plant, including the area between the stormwater detention basin and the plant, in order to screen views of the site, towers, equipment and storage and to minimize dust. • Tall, fast - growing deciduous poplar trees will be planted along the interior of the site and within the S3 evergreen screening to further minimize dust and views of the towers and other equipment and storage at the facility and truck activity on the site. The Board finds and concludes the traffic circulation and access points for the proposed plant are designed to prevent hazards to adjacent streets or property 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 findings and conclusions provided above and the following: • The site plan shows access to the concrete batch plant from Independence Road, which is designed and constructed to support the type of vehicles and traffic associated with industrial uses. • 420'h Street has been upgraded with public utilities, curb and gutters and turn lanes to allow for increased industrial traffic. • The office and wet batch plant are located on the northern half of Lot 35 and to the rear of the site so that truck movement within the site will not impact adjacent streets. IIVIIIIIIIIIIII(IIVIIIVIIIIIIIIIIIIIII( IIIIIIIIIIVIIIIII)IIIII'l Doc ID: 022318230006 Type: GEN Kind: DECISION Recorded: 10/05/2011 at 12:29:22 PM Fee Amt: $32.00 Pace 1 of 6 Johnson Countv Iowa Kim Painter Countv Recorder BK4812 PG639 -644 /?,o 0 MEMBERS ABSENT: None. c� == _3 STAFF PRESENT: Sarah Holecek, Sarah Walz, Nikaia Felten —! �•. OTHERS PRESENTING: Sam Gilbaugh, Steve Streb, Steve Ballard, Fri Y, SPECIAL EXCEPTION ITEMS: _1 1. EXC11 -00007 a public hearing regarding a special exception to allow a wet -batch concrete manufacturing plant in the General Industrial (1 -1) zone on Independence Road, north of 420`h Street and south of Liberty Drive. The Board finds and concludes that the proposed use meets the specific requirement that it must ' be located at least 500 feet from any residentially zoning property in that the nearest residential zone is approximately 2000 feet from the subject property. The Board finds and concludes that all proposed outdoor storage and work areas are located and screened to adequately reduce the noise, dust, and visual impact of the proposed use from surrounding properties, based on the proposed site plan and staff recommendations, which provide for the following : • S3 evergreen screening will be provided along all sides of the plant, including the area between the stormwater detention basin and the plant, in order to screen views of the site, towers, equipment and storage and to minimize dust. • Tall, fast - growing deciduous poplar trees will be planted along the interior of the site and within the S3 evergreen screening to further minimize dust and views of the towers and other equipment and storage at the facility and truck activity on the site. The Board finds and concludes the traffic circulation and access points for the proposed plant are designed to prevent hazards to adjacent streets or property 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 findings and conclusions provided above and the following: • The site plan shows access to the concrete batch plant from Independence Road, which is designed and constructed to support the type of vehicles and traffic associated with industrial uses. • 420'h Street has been upgraded with public utilities, curb and gutters and turn lanes to allow for increased industrial traffic. • The office and wet batch plant are located on the northern half of Lot 35 and to the rear of the site so that truck movement within the site will not impact adjacent streets. IIVIIIIIIIIIIII(IIVIIIVIIIIIIIIIIIIIII( IIIIIIIIIIVIIIIII)IIIII'l Doc ID: 022318230006 Type: GEN Kind: DECISION Recorded: 10/05/2011 at 12:29:22 PM Fee Amt: $32.00 Pace 1 of 6 Johnson Countv Iowa Kim Painter Countv Recorder BK4812 PG639 -644 /?,o The Board finds and concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the findings and conclusions provided above and the following: • The nearest residential zone is north of the railroad, approximately 2,000 feet from the subject property, which far exceeds the requirement that the proposed use must be located at least 500 feet from any residentially zoned property. • The proposed plant is located in an industrial area, in the middle of the Scott -Six Industrial Park, and all but one of the adjacent properties are zoned for industrial use. • The commercial (CC -2) zone further to the west of Lot 35 is located more than 800 feet from the property. • The proposed plant is served by streets designed to support industrial uses. • Distance along with the required landscape screening should minimize dust and noise from the site, reduce the visual impact of the towers, and screen views of the outdoor storage and equipment. • The wet batch facility is designed to minimize dust normally associated with concrete facilities and the dust output is regulated by the EPA. • Staff consulted with the Iowa State Extension Office in Johnson County with regard to impact on the location of such a facility adjacent to cropland. The crop specialist indicated that he is not aware of any impacts beyond dust associated with gravel, similar to that of cropland located along gravel roads. The Board finds and 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 based on the findings and conclusions provided above and the following: • The applicant will pave the first 50 feet of the drive as contained in the approved site plan and will be required to pave the remainder of the drive within 2 years of the issuance of the occupancy permit. • Based on current zoning and the comprehensive plan, future surrounding land uses will likely be industrial and the precise value for these mostly undeveloped properties is speculative. • Development of properties within the subject industrial area may require concrete and the proposed use would provide ready access to materials needed for development of these areas. The Board finds and 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 and that the proposed use is consistent with the Comprehensive Plan based on the findings and conclusions above and the following: • The area in which the subject property is located is zoned for industrial uses atid.jhe uthedst District Plan identifies surrounding land as appropriate for industrial uses. TtieLity Q also i improved the infrastructure in this area to support the expansion of industriftPases. 1 ; • Future residential development will be north of the railroad. The Board finds and concludes that all necessary utilities are available at the sitean`d;th4 Independence Road and 420`" Street are paved and designed to support industrial traffic and th'a't 'a storm water basin is proposed on the southwest portion of Lot 35 to accommodate storm water from the site. The Board finds and concludes that an application must be submitted for final site plan review and building permit and that the Building Official must review the plan to determine that all applicable zoning requirements not specifically addressed here are satisfied. Therefore, all applicable zoning requirements must be met in order for a building permit to be issued and the proposed exeption will conform to applicable regulations and standards of the zone in which it is located. The Board finds and concludes that the use will be consistent with the Comprehensive Plan, as amended, in that, as indicated above, this area is identified as appropriate for industrial growth, with a buffer between potential future residential uses. Disposition: By a vote of 5.0 the Board approves EXC11 -00007 a special exception to allow a concrete manufacturing plant in the General Industrial (1 -1) zone on Independence Road, north of 420`h Street and south of Liberty Drive, subject to the following conditions: • Substantial compliance with the site plan submitted with the addition of the following enhanced landscaping: 0 53 screening is provided along the northern edge of Lot 35 and in the area between the stormwater detention and the concrete plant. This shall include evergreen screening toward the exterior of the plant site with taller, fast - growing deciduous trees closer to the plant. o Taller varieties of treesshall be planted closer to the plant with evergreens to the exterior. o All areas outside the driveway and batch facility and loading area should be landscaped with turf grass or other appropriate vegetative ground cover. • Approval is for a wet -batch mix facility only. • In addition to the proposed driveway paving (first 50 feet) the applicant shall pave the remainder of the drive within 2 years of the issuance of the occupancy permit. 2. EXC11 -00009 — Public hearing regarding an application submitted by Bean Shack for a special exception to allow a drive - through facility to be located in the Community Commercial (CC -2) zone at Gateway One Plaza at the corner of South Riverside Drive and Highway One West. The Board concludes that 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; 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 grovide ingress or egress designed so as to minimize traffic congestion on public streets based on the following findings: '= • The Gateway One shopping center is not adjacent to any residential properties pr- zone;. „ • The proposed site plan shows space for up to 3 cars to access the drive - through the' east side of the coffee stand before stacking into the drive aisle. i i ,• j. -�,� • Vehicles accessing the coffee stand's west window will stack along the circulation drivJhat ^'- CD ,, , serves the lot. vi 4) • The site plan indicates approximately 38 feet between the stand and the north edge of the drive, which provides sufficient space for vehicles to stack at the drive - through without blocking the access to the parking rows or inhibiting the flow of traffic in the circular drive. • The drive - through coffee stand is away from the most active portion of the parking area and traffic, which tends to be closer to the retail uses and the main entrances to shopping center. • The drive - through is located approximately 180 feet from the shopping center's main entrance, providing ample space for stacking within the private parking area. • The applicant anticipates that the peak times for the drive -up will be in the morning, most likely before 10 a.m., which will minimize potential conflicts with the retail uses that characterize the shopping center. • The proposed drive - through will be accessed from within the private parking area. • Highway 1 and South Riverside Drive, including the frontage road, are designed to accommodate traffic generated by retail commercial uses. • The use is small in size and limited in the traffic it will generate, including pedestrian traffic. The Board finds that the drive - through lanes are set back more than 20 feet from the nearest lot lines and public right -of -way and that existing shrubs within the right -of -way, south of the frontage road, satisfy the screening requirement. The Board finds that any exterior lighting, including lighted signage, must be reviewed by the Building Department as part of the permitting process. All lighting and sign standards must be satisfied 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; 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 provided above and the following: The proposed drive - through is located away from other commercial uses within the shopping center and is setback more than 300 feet from commercial property on the opposite side of Highway 1. The shopping center provides more than the required minimum parking and has ample parking to serve all existing uses. 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: • A similar coffee stand existed on the site for several years without impact on adjacent businesses or vehicle circulation within the lot. • The stand is limited in size to 10 x 15 feet. The Board finds that adequate utilities, access roads, drainage and /or necessary facilities hRve been or are being provided based on the following findings: o k.� • Electrical service is available for the stand, but City water service is not. The step' ill "r vide iYs own water in compliance with requirements from the State Health Department:) •: i .._., • All other facilities and drainage are provided for the shopping center. - F_ _ f; • Entrance roads and drives that serve the shopping center are designed to supkkAhe CYels of­'j traffic that will be generated by the commercial shopping center, including the.'itse proposed. 1 The Board finds that the parking area for the shopping center is not in compliance with the code requirements: its lacks terminal islands for the parking rows, shade trees, perimeter screening, pedestrian facilities, etc. However, based on the limited size and intensity of the proposed coffee stand and the previous existence of a drive - through coffee stand at this location, the Board concludes it is reasonable to allow the proposed use despite the non - conformities of the larger site and that it would be unreasonable to require the larger site to become conforming based on this de minimis addition. The Board finds that the Building Official will review the plan to determine that any zoning requirements not specifically addressed here, including all requirements for lighting and signage, are in compliance with the zoning code. All applicable zoning requirements must be met in order for a building permit to be issued. The Board concludes that the proposed exception is in compliance with the Comprehensive Plan, which identifies this area as appropriate for Highway- oriented commercial development and thus the Board concludes Disposition: By a vote of 5 -0 the board approved EXC11 -0000q a special exception to allow a drive - through coffee stand in the Community Commercial (CC -2) zone, located in the Gateway Plaza Shopping Center at the corner of Highway 1 West and South Riverside Drive subject to the following conditions: • Substantial compliance with the site plan submitted, including the 38 -foot setback from the north property line and a curbed and landscaped terminal island to be located 50 feet south of the coffee stand. • The coffee stand is limited in size to 10 x 15 feet. • Pavement markings indicating the one -way circulation of the parking aisles along with demarcation of the stacking space for drive - through; • Approval by the Building Official of the lighting plan and signage for the use. 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. Oity Code Section 14- 8C -1E, City of Iowa City, Iowa. �-' Ap ravecFby: Chairperson _ 9 City Att ey's is %n _M/ c CD U7 /)Y 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 14th day of September, 2011, as the same appears of record in my Office. Dated at Iowa City, this day of a14LId2011 Marian K. Karr, ay Clerk C ��E E ORPO'EL F r-� F eA Dated at Iowa City, Iowa, this day of 2011. Marian I . Karr City Clerk fires subdivision 3[ �e Doc ID: 022321360067 Type: GEN Kind: SUBDIVISION - Recorded: 10/11/2011 at 03:05:18 PM Fee Amt: $337,00 Page 1 of 67 1 = 1 Johnson Countv Iowa ®p� Kim Painter Countv Recorder - Ai rip . n BK4814 PG755 -821 CITY OF IOWA CITY 410 East Washington Slteel Imva City, looa 52240 -1826 (3191356 -5000 STATE Or IOWA is 19) 156 -5009 FAX oww.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. 11-309, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20th day of September, 2011, all as the same appears of record in my office. Also attached are the final'legal documents for Stone Bridge Estates —Part Seven, Iowa City, Iowa as follows: 1. Owners Certificate and Dedication 2. Certificate of County Treasurer 3. Certificate of County Auditor 4. Opinion of Attorney 5. Consent of Mortgagee to Subdivision (MidwestOne Bank) "IL� la ' 6. Consent of Mortgagee to Subdivision (Arlington, L.C.) 7. Underground Utility Easement 8. Sanitary Sewer Easement Agreement 9. Storm Sewer Agreement 10. Trail Easement Agreement VD 11. Box Culvert Easement Agreement 12. Termination of Temporary Turn Around Easement Agreement 13. Termination of Water Main Easement Agreement 14. Termination of Sanitary Easement & Storm Sewer Easement Agreement 15. Storm Sewer Easement Agreement (Off -Site) 16. Sanitary Sewer Easement Agreement (Off -Site) 17. Water Main Easement Agreement (Off -Site) 18. Subdividers Agreement eA Dated at Iowa City, Iowa, this day of 2011. Marian I . Karr City Clerk fires subdivision 3[ STATE OF IOWA ) ) SS JOHNSON COUNTY ) tr Mme_ CITY OF IOWA CITY 410 East Washington Slrect Iowa City, Imva 522401826 (319) 3565000 (319) 3565009 FAX st,v,v.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. 11-309, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20th day of September, 2011, all as the same appears of record in my office. Also attached are the final legal documents for Stone Bridge Estates — Part Seven, Iowa City, Iowa as follows: 1. Owners Certificate and Dedication 2. Certificate of County Treasurer 3. Certificate of County Auditor / 4. Opinion of Attorney �{t 5. Consent of Mortgagee to Subdivision (MidwestOne Bank) 6. Consent of Mortgagee to Subdivision (Arlington, L.C.) 7. Underground Utility Easement l 8. Sanitary Sewer Easement Agreement 9. Storm Sewer Agreement 10. Trail Easement Agreement 11. Box Culvert Easement Agreement 12. Termination of Temporary Turn Around Easement Agreement 13. Termination of Water Main Easement Agreement 14. Termination of Sanitary Easement & Storm Sewer Easement Agreement 15. Storm Sewer Easement Agreement (Off -Site) 16. Sanitary Sewer Easement Agreement (Off -Site) 17. Water Main Easement Agreement (Off -Site) 18. Subdivider's Agreement Dated at Iowa City, Iowa, this � day of 2011. Marian It-Karr City Clerk Ves subdivision 31 t� Prepared by: Sarah Walz, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5239 (SUB11- 00011) RESOLUTION NO. 11 -309 RESOLUTION APPROVING FINAL PLAT OF STONE BRIDGE ESTATES, PART SEVEN, IOWA CITY, IOWA. WHEREAS, the owner, Arlington Development, filed with the City Clerk the final plat of Stone Bridge Estates, Part Seven, 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: A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER AND THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, THE BOUNDARIES OF WHICH ARE MORE PARTICULARLY DESCRIBED AS FOLLOWS: AUDITOR'S PARCEL NO. 2011064, ACCORDING TO THE PLAT OF SURVEY RECORDED IN BOOK 56, AT PAGE 7, PLAT RECORDS OF JOHNSON COUNTY, IOWA; AND AUDITOR'S PARCEL NO. 2011073, ACCORDING TO THE PLAT OF SURVEY RECORDED IN BOOK 56, AT PAGE 48, PLAT RECORDS OF JOHNSON COUNTY, IOWA. 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 same are hereby approved. 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. 31 Resolution No. 11 -309 Page 2 Passed and approved this 20th day of September 2011. MAYOR ATTEST: -/-/. CIT ERK Approved by ClyAttorneysOffice It was moved by Wright and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright I pcdlemplateslSU811- 00011 Stone Bndge Pal 7Final Plat - Resolution .docFinal Plat - Resolutiomdoc.doc - �I OWNER'S CERTIFICATE AND DEDICATION STONE BRIDGE ESTATES - PART SEVEN 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 Stone Bridge Estates - Part Seven 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 Stone Bridge Estates - Part Seven, 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 AOM day of mhc -- 2011. {0I095995.DOC} ARLINGTON' DEVELOPMENT, INC. By: 4 hn W. Moreland, Jr., esident and Secretary CITY OF IOWA CITY, IOWA By: Matt Hayek, Mayor By: &?z, iJ Mahan-K. Karr, City Jerk 31 STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this P7 day of 50k" 5-C ° , 2011 by John W. Moreland, Jr., as President and Secretary of Arlington Development, Inc. MICHAEL J. PUGH ;� o� coMmym slon Number 175282 ow My july $e; io a Notary Public in an f r said State STATE OF IOWA ) ss: COUNTY OF JOHNSON ) On this J-01"1 ' day of 6�0i6WI�r , 2011, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Matt 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 Matt 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. erAr KELLIEK.TUI7LE o rrs� Commission Number 221819 R1yC Expires 1L {01095995.DOC} Notary Public in and for said State INT. Legal Description Stone Bridge Estates — Part Seven A portion of the Southeast Quarter of the Southeast Quarter and the Northeast Quarter of the Southeast Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are more particularly described as follows: Auditor's Parcel No. 2011064, according to the Plat of Survey recorded in Book 56, at Page 7, Plat Records of Johnson County, Iowa; and Auditor's Parcel No. 2011073, according to the Plat of Survey recorded in Book 56, at Page 48, Plat Records of Johnson County, Iowa. Said tract of land contains 9.77 acres, and is subject to easements and restrictions of record. {01095995.DOC} 3( CERTIFICATE OF COUNTY TREASURER STONE BRIDGE ESTATES - PART SEVEN IOWA CITY, IOWA I, the undersigned, Treasurer of Johnson County, Iowa or deputy thereof, hereby certify that the following described property, also known as Stone Bridge Estates - Part Seven, 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 Ijday of SQgityt =(, 2011. Thomas L. Kriz, Treasurer of Johnson County, Iowa Parcel No. 0907401010 0907401012 {0I095823.DOC} 31 EXHIBIT "A" Legal Description Stone Bridge Estates — Part Seven A portion of the Southeast Quarter of the Southeast Quarter and the Northeast Quarter of the Southeast Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are more particularly described as follows: Auditor's Parcel No. 2011064, according to the Plat of Survey recorded in Book 56, at Page 7, Plat Records of Johnson County, Iowa; and Auditor's Parcel No. 2011073, according to the Plat of Survey recorded in Book 56, at Page 48, Plat Records of Johnson County, Iowa. Said tract of land contains 9.77 acres, and is subject to easements and restrictions of record. 31 CERTIFICATE OF COUNTY AUDITOR STONE BRIDGE ESTATES - PART SEVEN IOWA CITY, IOWA I, Tom Slockett, the Johnson County Auditor, hereby approve of Stone Bridge Estates — Part Seven as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: See Exhibit "A ". {01095818.DOC} Date 31 M Legal Description Stone Bridge Estates — Part Seven A portion of the Southeast Quarter of the Southeast Quarter and the Northeast Quarter of the Southeast Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are more particularly described as follows: Auditor's Parcel No. 2011064, according to the Plat of Survey recorded in Book 56, at Page 7, Plat Records of Johnson County, Iowa; and Auditor's Parcel No. 2011073, according to the Plat of Survey recorded in Book 56, at Page 48, Plat Records of Johnson County, Iowa. Said tract of land contains 9.77 acres, and is subject to easements and restrictions of record. (01095818.DOC) OPINION OF ATTORNEY STONE BRIDGE ESTATES - PART SEVEN 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 Stone Bridge Estates — Part Seven, 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 MidWestOne Bank, which mortgage is dated January 25, 2007 and was recorded February 1, 2007 in Book 4125, Page 716 of the Records of the Recorder of Johnson County, Iowa, and B. a mortgage in favor of Arlington, L.C., which mortgage is dated September 9, 2011 and was recorded September 9, 2011 in Book 4801, Page 600 of the Records of the Recorder of Johnson County, Iowa. Dated at Iowa City, Iowa, this /3K day of 2011. Michael J. Pd6h Bradley & Riley P Tower Place One South Gilbert Street Iowa City, IA 52240 {01095993.DOC} 31 Legal Description Stone Bridge Estates — Part Seven A portion of the Southeast Quarter of the Southeast Quarter and the Northeast Quarter of the Southeast Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are more particularly described as follows: Auditor's Parcel No. 2011064, according to the Plat of Survey recorded in Book 56, at Page 7, Plat Records of Johnson County, Iowa; and Auditor's Parcel No. 2011073, according to the Plat of Survey recorded in Book 56, at Page 48, Plat Records of Johnson County, Iowa. Said tract of land contains 9.77 acres, and is subject to easements and restrictions of record. {01095993.DOC} 3( CONSENT OF MORTGAGEE TO SUBDIVISION STONE BRIDGE ESTATES - PART SEVEN IOWA CITY, IOWA The undersigned, MidWestOne Bank, is the Mortgagee of the Mortgage from the following: A. Arlington Development, Inc., dated the 25th day of January, 2007, and recorded the 1st day of February, 2007, in Book 4125, at Page 716 of the Mortgage Records of the Recorder of Johnson County, Iowa. Said Mortgage encumbers that property to be designated as Stone Bridge Estates - Part Seven 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 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 l`T day of September, 2011. //' 4 A '•'';erf;. MIDWIESVNE B I WA Sin "o By; ' Kent . J hle, Lxe five Vice -P esident s anni, Vi - President STATt= OFJOWA, COUNTY OF JOHNSON ) ss: On this day of September, 2011, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Kent L. Jehle and Jerry L. Vanni, to me personally known, who being by me duly sworn, did say that they are the Executive Vice - President and Vice- President of the corporation executing the within and foregoing instrument to which this is attached, that ap seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Kent L. Jehle and Jerry L. Vanni as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. S�mkvn rar No a Pu I c in and for said State (01095912,DOC) L 4J' yep JUDY V. BA1.81N0T ± Y COMMISSION NUMBER 70789 �,, ' MY COMM. EXP. lie S a EXHIBIT "A" Legal Description Stone Bridge Estates — Part Seven A portion of the Southeast Quarter of the Southeast Quarter and the Northeast Quarter of the Southeast Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are more particularly described as follows: Auditor's Parcel No. 2011064, according to the Plat of Survey recorded in Book 56, at Page 7, Plat Records of Johnson County, Iowa; and Auditor's Parcel No. 2011073, according to the Plat of Survey recorded in Book 56, at Page 48, Plat Records of Johnson County, Iowa. Said tract of land contains 9.77 acres, and is subject to easements and restrictions of record. {0I095912.DOC} 3t CONSENT OF MORTGAGEE TO SUBDIVISION STONE BRIDGE ESTATES - PART SEVEN IOWA CITY, IOWA The undersigned, Arlington, L.C., is the Mortgagee of the Mortgage from the following: A. a mortgage in favor of Arlington, L.C., which mortgage is dated September 9, 2011 and was recorded September 9, 2011 in Book 4801, Page 600 of the Records of the Recorder of Johnson County, Iowa. Said Mortgage encumbers that property to be designated as Stone Bridge Estates - Part Seven 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 Arlington, L.C. 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 Ig day of 5e,0kv1, 4-e v , 2011. STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this 19 day of 6�0 m ✓ 2011 by John W. Moreland, Jr , Manager of Arli gton, L.C. r MICHAEL J. PUG Commission Number 175282 Notary Public irAnd or said State My Commission Expires July 26, 2072 (01097095.130C) 31 EXHIBIT "A" Legal Description Stone Bridge Estates — Part Seven A portion of the Southeast Quarter of the Southeast Quarter and the Northeast Quarter of the Southeast Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are more particularly described as follows: Auditor's Parcel No. 2011064, according to the Plat of Survey recorded in Book 56, at Page 7, Plat Records of Johnson County, Iowa; and Auditor's Parcel No. 2011073, according to the Plat of Survey recorded in Book 56, at Page 48, Plat Records of Johnson County, Iowa. Said tract of land contains 9.77 acres, and is subject to easements and restrictions of record. (01097095.DOC) 51 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 UNDERGROUND UTILITY EASEMENT STONE BRIDGE ESTATES - PART SEVEN In consideration of the approval of the Final Plat of Stone Bridge Estates - Part Seven, Iowa City, Iowa, the undersigned owner (hereinafter "Grantor") hereby grant to MidAmerican Energy Co., Qwest Communications and Mediacom, and their successors (hereinafter collectivelyr'Grantees "), a perpetual easement upon, over, under, along and across the areas designated on the Final Plat of Stone Bridge Estates — Part Seven, 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, 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 t01096317.DOC} 3( WM other purposes that do not then or later interfere with the aforesaid uses or the rights 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 day of J¢e le- M6 -f- 2011. ARLINGTON DEVELOPMENT, INC. and Secretary STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this � day of 5�/ OkM �' , 2011 by John W. Moreland, Jr. as President and Secretary of Arlington Development, Inc. MICHAELI PUGH commission Number 175282 My CommissionE)rires ow July 26, 2012 Notary Public it and r said State (01096317.noCI 3t 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 STONE BRIDGE ESTATES — PART SEVEN IOWA CITY, IOWA 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 Stone Bridge Estates - Part Seven, 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. (01096042.DOC) 3! -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 and assigns of the respective Parties hereto, and with the land and with the title to the land. {01096042.DOC} benefit of and bind the successors all covenants shall apply to and run 3[ -3- Dated this l 9 day of Se 01e- bar 2011. ARLINGTON DEVELOPMENT, INC. CITY OF IOWA CITY, IOWA By: AVq"`- n Matt Hayek, Ma or ATTEST: By: d Maria'ft-K. Karr, City Clerk STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this !9 day of S Ata- k-C , 2011 by John W. Moreland, Jr. as P esi nt and Secretary of Arlington Development, Inc. o-7c�> fl.�ilC{iAEL J.PUG' I O&t�� g commission Number 175262 Notary Public in nd fo id State My commission Emires ow July 26, 2012 STA L UF IUVVA ) ) ss COUNTY OF JOHNSON ) On this -�-&-h day of 2011, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Matt 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 Matt 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. KELLIE K. TUTTLE F' `p Cornmission Numbe LA819 My Cc m s!on Ex ip res Notary Public in and for said State {01096042.00C} 3/ 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 EASEMENT AGREEMENT STONE BRIDGE ESTATES - PART SEVEN IOWA CITY, IOWA 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' as shown on the Final Plat of Stone Bridge Estates - Part Seven, 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 opinion of the (01096043.DOC) 31 -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 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 P? day of 2011. ARLINGTON DEVELOPMENT, INC. M W. Moreland, Jr., lent and Secretary {01096043.DOC }2 31 -3- CITY OF IOWA CITY, IOWA IU'. . ATTEST: By:�&�� %f "'o Marian K. Karr, City Clerk STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this (9 day of S2pA?m 6-e r , 2011 by John W. Moreland, Jr. as President and Secretary of Arlington Development, Inc. 4 . o-, MICHAEL J. PUGH x 0 T. Commission Number 175282 My Comm�blsaton Fires J July STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) Notary Public in and f r aid State On this c)01-4 day of, C.0 ;a ✓n ,6e--l' , 2011, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Matt 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 Matt 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. KELLIEK.TLJ LE .. — \'� commission Number 221819 My Cam issio Expires Notary Public in and for said State (01096043.DOC)3 31 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 STONE BRIDGE ESTATES - PART SEVEN 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 purpose of establishing and using a public trail over and across the area designated as "Trail Easement" within Outlot "F" as shown on the Final Plat of Stone Bridge Estates - Part Seven, 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 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. (01112940.DOC) 3( -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 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. 4. 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. 5. 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. 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 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. After a public trail is constructed by subdivider on the easement area, Subdivider shall bear the responsibility of maintaining the easement area, including snow and ice removal and general maintenance of the trail. 7. 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 19 day of September, 2011. ARLINGTON DEVELOPMENT, INC. 0 Jqh W. Moreland, Jr., Pry ident and Secretary (01112940.DOC) 31 -3- CITY OF IOWA CITY, IOWA Matt Hayek, Mayo ATTEST: arian K. Karr, City Clerk STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this (f day of iGm6e✓ , 2011 by John W. Moreland, Jr. as President and Secretary of Arlin ton Development, Inc. r MICHAEL J.PUGH g F CommbWw Number 175282 My Commission Expires ow July 26, 2012 STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) Notary Public i and or said State On this �¢% day of 2011, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Matt 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 Matt 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. "E' "2V, o Commission Number 221819 Y'�`� My Corn, mss' n Expires (01112940.DOC) Notary Public in and for said State 3 i Prepared by and after recording return to: Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511 Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 BOX CULVERT EASEMENT AGREEMENT FOR STONE BRIDGE ESTATES — PART SEVEN, IOWA CITY, IOWA THIS AGREEMENT is made and entered into by and between Arlington Development, Inc., hereinafter referred to as 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 Subdivider 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 box culverts and storm water drainage culverts as the City shall from time to time elect for conveying storm water and all necessary appliances and fittings for use in connection with said box culvert, 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 "Box Culvert Easement" (hereinafter "easement areas ") as shown on the final plat for Stone Bridge Estates — Part Seven, Iowa City, Iowa. 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 Subdivider 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. (01112918.nOC) 3 1 The City shall indemnify the Subdivider 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 Subdivider reserves the right to use said easement areas for purposes which will not interfere with the City's frill enjoyment of its rights granted herein; provided that the Subdivider 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. 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 Subdivider 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 /9 day of nA 41— f--, 2011. SUBDIVIDER CITY OF IOWA CITY, IOWA By: 4w 4 ti Ma�ttt Hayek, Mayor '/ ) By: �{ /,wz� 'If f !/ MariA K. Karr, City Clerk [01112918.DOCl2 31 STATE OF IOWA, JOHNSON COUNTY ) ss: This instrument was acknowledged before me on this /9 day 2011 by John W. Moreland, Jr., as President and Secre y of Arlingto De lopment, Inc. oA� s MICHAEL Cj OW mm C. N�u175282 ow duty 26, 2ot2 Notary Public in and for h State of Iowa STATE OF IOWA, JOHNSON COUNTY ) ss: On this o20[day of 2011 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Matt 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.. �„ I<FLLIE K.TUIiLE o �� Cmnmission Number 221619 Notary Public in and for the State of Iowa r I My Co n ssl n Expires 101112918.DOC13 31 Prepared by and after recording return to: Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511 Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 TERMINATION OF TEMPORARY TURN AROUND EASEMENT AGREEMENT RE: Stone Bridge Estates — Part Six, according to the Final Plat thereof recorded in Plat Book 54, at Page 213, Records of Johnson County, Iowa (the "Subdivision "). WHEREAS, pursuant to a Temporary Turn Around Easement Agreement recorded in Book 4520, Page 488, Records of Johnson County, Iowa (the "Easement'), the City of Iowa City was granted an access easement upon, over, under, along, and across the temporary turnaround area constructed at the end of Colchester Drive and Arlington Drive north of the Subdivision as shown on the attached Exhibits "A" and `B "; WHEREAS, pursuant to the Easement, the term of the Easement is until Colchester Drive and Arlington Drive are extended in a northeasterly direction from the Subdivision; and WHEREAS, Colchester Drive and Arlington Drive have been extended in a northeasterly direction from the Subdivision. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned, the City of Iowa City, hereby fully and irrevocably terminates, vacates, and releases the Easement. Dated this day of 2011. Matt Hayek, Mayor ATTEST: Marran Karr, City Clerk to1096311.DOC} STATE OF IOWA, JOHNSON COUNTY )ss: On this,; (C A day of - ember, 2011, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Matt 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 Matt 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. IELLIG iC.TUTfLE Commission Number2ires 1; Mj com�iss Exp Notary Public in and for the State of Iowa (0109631I.DOC) 31 m v °¢ �. ©sir/ " ,£ w r m mrom oWO WmomNm °}O §w 0> m 2U O0V UOR re yo �Z �. ^I° -M;j m T> Vms Qi °M ° m�Pm NO C2A WCm O.m °D 'm SNC I y'pw np °m°`»e���popa.mm..N.. -°Oyyna ii -,os dNNmnmmt°iWm�a� °P�� lZ� C0-1n �m UOOd miltm< "m° S ��y0 ° IJS Z+. 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Qnn �IUJWZ 5a� �OOJl�u of (nm Awn^ P Zozy °.�w�i"4mo rte` ^wym o po ym �C =y6 ^E Hm i m En Nn ��6jmTb mom - no S Q o° o° � p m p n 0, D Z D 0 m p€ 90 m 9jN <� 6 a o �, e - N E c Z: z 0 o�ausmaHOR o D O `010 ^ ^ €� o mIN Z Zmn 0 4 ;; i °zG'azp Eoo Bzgi _ @ ; °gco ;z m N t7 m G: \4146 \4146- 269- \414526Wdmq 816/2003 12'.3432 P4 NT °w ign E. o °QJy aom �bu c i 0 oe0 DSO ^9� n$ z _ I e �8 eiiei4 {I U� RAN o� s� $ fi I I 1I F P/i� 0 Pi O %g9 G � SS 0 Cn a i � p m p 2m 90 m 9jN <� 6 a �N--Ni Km QC A N CG o�ausmaHOR n _ g P mIN 0 4 ;; i °zG'azp Eoo Bzgi _ @ ; °gco ;z G P'n ggg �m toh K., Z P'��o��s �� -� I'I Q e =37_ 2 a °8 s v Seg R eoao ZZ. IL ze I m ¢P 9 0 Cn e e p m p 2m 90 m 9jN <� 6 a �N--Ni Km QC A N CG n Pm mIN 3 O > NJ o W vl m � y $ °o .'N4 c3 0 m wr7.mmLOi -3 gOoi X Z W W Prepared by and after recording return to: Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511 Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 TERMINATION OF WATER MAIN EASEMENT AGREEMENT RE: Stone Bridge Estates — Part Six, according to the Final Plat thereof recorded in Plat Book 54, at Page 213, Records of Johnson County, Iowa (the "Subdivision "). WHEREAS, pursuant to a Water Main Easement Agreement recorded in Book 4520, Page 470, Records of Johnson County, Iowa (the "Easement'), the City of Iowa City was granted a water main easement upon, over, under, along, and across the temporary turnaround area constructed at the end of Colchester Drive north of the Subdivision as shown on the attached Exhibit "A "; and WHEREAS, Colchester Drive has been extended in a northeasterly direction from the Subdivision, new utility easements have been granted and the public right of way has been dedicated to the City of Iowa City. . NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned, the City of Iowa City, hereby fully and irrevocably terminates, vacates, and releases the Easement. Dated this aeday of � e 4,1, 2011. A A Matt Hayek, Mayor ATTEST: Marian arr, City Clerk f01097133.DOC) 3l STATE OF IOWA, JOHNSON COUNTY )ss: On this '�&h day of .nLba-2 011, before me, the undersigned, a Notary Public in and for the State of Iowa, perso ally appeared Matt 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 Matt 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. •gTni —' ELLIE SC.'itu Com n?� mission Plumber 221819 Notar 3' Public in and for the State of Iowa Pdy Ca n iss n FxPires (01097133.DOC) f d g I nnF Egg Qa IIP �0 m M JON A »V_ ».Z o n0 > »NV G� •per... p-+�o "gym °uz z W z8 nzg ^mn 3'J °..m C., I °JOO O P a N O C 2 P W c 6 m O O ga 9 V» C 008 °4'do4°O.ag$�i a�tz ° Nm ;m upNmarS $�o�°51 Go v°°.. '8m °�A8 °!P'en'n ;nyQ -° rLe� m z On4°�..� CEq z z 9Np`9 —myO J81°Op f Obm� - Oi. Q7pZ �.N�ZU JOO6 Om One°ri uO Ji _ mn n Oo aRO mN�c �° pnsS z O 44ap4o�> v2£�g SOW °lN Jm _y= n��NOO _ Om° eo : 1 II I Mini I .1 II I m _ �+ds g S O`-O m(ND m i mv CO) yN>��;6 $,,cra P40 �+ m z On4°�..� CEq z z y < 6 tq ' y� b� O z O 44ap4o�> � eo : zp ��S88o iNZC f -j CC m T -� 6 €_ go NyZ ;� _ FT1 Seu -C) O �Z i m mnm y n y� 6G�° y �3a MA✓; �+ vse C: \4146 \419E - 369- °�v I0 oz s Vz �( L[14 g o a m a n$ o g S O`-O m(ND m mv CO) yN>��;6 $,,cra P40 �+ m z On4°�..� CEq z z y < 6 tq ' y� b� z O � eo : CC m T -� 6 Uw> C cNo nil -C) O �Z i m mnm y n C: \4146 \419E - 369- \4145[69KMg 8/6/2M lY.ip }$1. OJT �( L[14 Prepared by and after recording return to: Michael J. Pugh Bradley & Riley PC One South Gilbert Street Iowa City, IA 52240 Phone (319) 466 -1511 FAX (319) 358 -5560 TERMINATION OF SANITARY EASEMENT AND STORM SEWER EASEMENT AGREEMENT RE: Stone Bridge Estates — Part Six, according to the Final Plat thereof recorded in Plat Boole 54, at Page 213, Records of Johnson County, Iowa (the "Subdivision "). WHEREAS, pursuant to a Sanitary Sewer Easement and Storm Sewer Easement recorded in Book 4520, Page 483, Records of Johnson County, Iowa (the "Easement'), the City of Iowa City was granted a sanitary sewer easement and storm sewer easement upon, over under, along, and across the area constructed at the end of Arlington Drive north of the Subdivision as shown on the attached Exhibit "A "; and WHEREAS, Arlington Drive has been extended in a northeasterly direction from the Subdivision, new utility easements have been granted and the public right of way has been dedicated to the City of Iowa City. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned, the City of Iowa City, hereby fully and irrevocably terminates, vacates, and releases the Easement. Dated this day of A1tbLr2011. Matt Hayek, Mayor ATTEST: Maria Karr, City Clerk (01097130.DOC) STATE OF IOWA, JOHNSON COUNTY )ss: On this CA day of 2011, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Matt 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 Matt 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<ELLIEK.Tl1TTLE v r Commission (dumber 221519 Notary Public in and for the State of Iowa h°7 C"rrc�s�op EXPlres t01097130.DOC} S1 PJ I m1U�00 R R I! `dome -'my °, °�w A �1 �^ 103 OmT °�I-p 4°m-°w °4 �m mSN 14111;1- N no � ° m'88 v,g„m -1EQ _y1 o° s . 0,1 WIS °y nA- N > , vprvm m m 1m mo110 Jm°1 mz °m T =s6 d 1m -9 o � l II fl � 9 o F•O7 iI lI °^ I'I ell ��o £YaII ® o�DDrP 6e @e m�0 ,g ° I �I A To 3 N � zZzh I co, �N Z z yo o jN_I ? ym_� n ono a� o iooiy"z9iR >ak ° °O =° 1_119,�� HER it! , =mOf �S d m22g0 oil Cy oil �m.1i v$�L ! 2 °g 9mNHRm rt?jKJi t�9 VJ Z .D m� 22 HuNDNiA'LYJA'4� EyEI!�Ea mf� m� �AA_ 6rr m .� 'Afll ° C) m jai Z v 369- �SISi'e6gHLee 3 N 8/6/3003 1?30.33 F4 Mi F Ul Z 0 Z 0 Z 0 �l m In OCTO-'S", o S E iD mND T fl � 9 SeSv$ °^ ell a- N 6e @e m�0 ,g i/I �Z.pAm Z' �I A To 3 N D m zZzh I co, �N Z z yo o jN_I m x a clo o S E iD mND T °^ n DZD QMO $ms N o m�0 ,g i/I �Z.pAm Z' �I A To 3 N D m zZzh I co, �N Z z yo o jN_I ? ym_� n 9_ gNp .� ioOm =mOf ;ICY [b^ �iim xU F� rt?jKJi t�9 VJ Z .D m� 22 HuNDNiA'LYJA'4� EyEI!�Ea m� �AA_ 6rr m .� 'Afll ° C) m NN�� N O i yO ry�Lrym]J N Vl G \41<6 \SIt6- 369- �SISi'e6gHLee 3 N 8/6/3003 1?30.33 F4 Mi � � �, I-� 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 STORM SEWER EASEMENT AGREEMENT (OFF -SITE) THIS AGREEMENT, made and entered into by and between Arlington, 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. 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 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 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 "15.00' STORM SEWER AND TILE LINE EASEMENT" on Exhibit "A" and "15.00' STORM SEWER EASEMENT" on Exhibit "B" attached hereto and incorporated herein by reference, hereafter described as "Easement Areas." 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 Areas, 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 Areas, and also to trim, cut down and clear away (01115253.DOC} 31 -2- 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 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. Except as expressly provided herein, the City shall have no responsibility for maintaining the Easement Areas. 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 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. 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 improvement at issue herein. The Owner shall install the public improvements in accordance with City specifications in connection with the final platting of adjacent property known as Stone Bridge Estates — Part Seven. In connection with any such installations by the Owner, the Owner 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 Owner until completion by Owner, 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 Areas. City covenants and agrees that existing driveways, fences, underground drainage tile 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 {01115253.DOC} Sl -3- public improvement, all areas within the Easement Areas 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. 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 Iq day of September, 2011. OWNER ARLINGTON, L.C. CITY OF IOWA CITY, IOWA By: ! -!!qA Matt Hayek, Mayor ATTEST: ,/ I By: ?` Z2�//' - ��� t/ Tian K. Karr, City Clerk STATE OF IOWA ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this I9 day of September, 2011 by John W. Moreland, Jr. as Manager of Arlington, L.C. SpR a MICHAEL m or 7 2 $ Commiss10 Number 775282 l/i✓`[/ /// My Commission Expireu owe July 26. 2012 Notary Public in Ad fo6Aid State {01115253.DCC} -7�\ M STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) On this lwk day of September, 2011, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Matt 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 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 and them voluntarily executed. i(.7UTrLE 819 n . C;mmrslon !dumber 221 4 � e4y Co�mr�(/�so Ex fires {01115253.DOC} Notary Public in and for said State 3t 7 N �NNI — -- -- - -- I Iter-- -- -- -- --- - - - - -- � ^• � � I � Z$ I 1; N Vok --------------- -------- - -- 1 1 I ot,�, rte'% 114 a?O a_ I, —� ►ice_ u C� NZ G o0D ®D� mH000 $ �Ho s' "o o ��$9z So 3� •v ZZ ..Y i-•Vf oPPA rIF I N I E 5s as'$ Ea $°s eQ gR Qg b 0 cs°J z �� n -Mm 8 a 3 I1 ➢mz T 3c S nyyS Via$ 0 J O � p oz °o >m Z. rt Z d p '^ ^ ° V J 0 ?fJo ° =_m R ° 50Z ° g„-0 d 0.0 o� d N d O � N W � d m 31 yZ n p o O N o c mph No � l �i mui .fi a lna\ /II ionlI ll_°n.m I., rnr rr Q w � iigp[��, pggp O Q DD NWE `3 g® ; T;= 1 I\ I A� m 0 I i �II�I g II I I I II II111 11111 Z o$ oozzz RH A g �AAW. Rf888 O Roo rq 08� R a e$s 809 z d � pQ pOo NJ QpOD�� °gG?pFoo S m 44 PI ca m 1g fn >A>m O`�CZi o >z 'P S �nDN 6� ®A d� °ise e 4980 e° ° Ho -1 a ss 3f 9 �° Ai in 1. s ° a °23p"e =e V° 5a 9°SP e$6 �3 4> H s i i; n n P 1. a� �a8 0 0 J o�D p ��Zo �om zwD(Dco— p N O. Apo m ON �z = C ry N J l /,N+0O Q owo'D C Er JD �„ =D 0 TWO o FDo m m a. tq g S m o o m 1g fn >A>m O`�CZi o >z 'P S �nDN �l m g Z m �VA. 3 D�'o N O r_g O m :GM N n vz:° o emu � o$ m m A 0 'Op pN m0� N 8 c 0Z 0 o � o s(�O Z � O� �DM1 ti•)��ro� g'NA m °z�l \AIAI: \AIAR- 11R - \Ai AAllR� O /llh° 11 11-IQ lA E!A!` T X 1A 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 SANITARY SEWER EASEMENT AGREEMENT (OFF -SITE) THIS AGREEMENT, made and entered into by and between Arlington, 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. 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 City an easement for the purposes of grading and /or excavating for and the installation, replacement, maintenance and use of sanitary sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage and to facilitate use of the easement area for the purposes for which it has been granted. This easement for multiple purposes shall also allow all necessary equipment, appliances and fittings, for the use in connection with said multiple purposes, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas described as "36.0' SANITARY SEWER EASEMENT" on Exhibit "A "; "SANITARY SEWER EASEMENT" on Exhibit "B "; and "25.00' SANITARY SEWER EASEMENT on Exhibit "C ", attached hereto and incorporated herein by reference, and referred to herein as "Easement Areas ". 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 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 3l {01115254.DOC) 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 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, repairing or improving the Easement Areas. 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. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that Owner 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 or the Owner to install the original public improvement at issue herein. The Owner shall install the public improvements in accordance with City specifications in connection with the final platting of adjacent property known as Stone Bridge Estates — Part Seven. In connection with any such installations by the Owner, the Owner shall not be deemed acting as the City's agent during the original construction and installation of such improvements. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and all Owner's obligations for installation of initial improvements shall remain on Owner 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 Areas. 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 Areas 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. (01115254.DOC)2 F, 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 /9 day of September, 2011. OWNER ARLINGTON, L.C. W. Moreland, Jr., Manager CITY OF IOWA CITY, IOWA By: /dti' Matt Hayek, Mayor c ATTEST: By: A .mil 47d— ti Ma ian K. Karr, City Clerk STATE OF IOWA ss: COUNTY OF JOHNSON This instrument was acknowledged before me on this & day of September, 2011 by John W. Moreland, Jr. as Manager of Arlington, L.C. WM91 UGH er 175282xpires 12 STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) Notary Public i and r said State On this c�C? h day of September, 2011, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Matt 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 (01115254.DOC)3 3 1 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 and them voluntarily executed. i- ��I2LLlE F;. TUTTLE �u- "'':ICommssion ?!umber 221879 i tAy c „ i55inqEXX lres Notary Public in and for said State i.....- ��_ , 3! {01115254.DOC}4 I la, I I fq I I rq I ® o. 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A � � 00 0 J N N 0 m oozD ��s�om K Z m a D C_ sppo m O cmD 3 m m n o ii m O "4—=w- O *m Om n -N o c m_ O ?N"� ?mm r � O m a m a m Cl) �A 0 N n 3 0Z � aN 150 mod iN `�i'�.�wz �aN o 8w .AN ,, O m�y NOS fti lA Vl m x x m i� i IIIs 2 '/ A °322 s 3 m-°a °vn� �4ZZ�im ^ ;m _R mnA �k7o8m -,RR�i g7 0$77�� H4QA�� Kr $ ZN ~o > CK K�-1a�P Sae RZ e° p% x eQ ma° m Qom» 9 S3 'sA vg �� z� m ' x x - W ti n N O gVi LdA J y.._ E 0 s _sg 0:0 g z i8 M m J S 'O "isxtF O N 0 Lsppm �O w c � a� o OR m °q lip O 00 ��Dm C N C O 3m0r— 3 A3 X �32 CQ Vi N.o 0 .gQ C O—b2 N .0 ON 31 y g o 0 ° $ DOyny imo ' �x�J S a o F f0 pz 2 in -1 � m mP Z mzo F m °n m C1 m,z —i m m ' x x - W ti n N O gVi LdA J y.._ E 0 s _sg 0:0 g z i8 M m J S 'O "isxtF O N 0 Lsppm �O w c � a� o OR m °q lip O 00 ��Dm C N C O 3m0r— 3 A3 X �32 CQ Vi N.o 0 .gQ C O—b2 N .0 ON 31 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 WATER MAIN EASEMENT AGREEMENT (OFF -SITE) THIS AGREEMENT made by and between Arlington, L.C. ( "Owner "), 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, 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 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' WATERMAIN EASEMENT" as shown on Exhibit "A" and "15.00' WATERMAIN EASEMENT" as shown on Exhibit "B ", attached hereto and incorporated herein, hereafter described as "Easement Areas." 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 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 (01115113.DOC] 3f - 2 - 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 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 Areas. 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 Owner 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 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. Owner 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 Owner shall install the public improvements in accordance with City specifications in connection with the final platting of adjacent property known as Stone Bridge Estates — Part Seven. In connection with any such installations by the Owner, the Owner 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 Owner 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 Areas. City covenants and agrees that existing driveways, fences, underground drainage tile 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 Areas 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. {01115113.DOC} 3j - 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 - 1'517 day of September, 2011. OWNER ARLINGTON, L.C. RUG IOWA CITY By: A-tA�i4 Matt Hayek, Mayor ATTEST: By: 7�/. 90�� Ma ' K. Karr, City Clerk STATE OF IOWA ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this F day of September, 2011 by John W. Moreland, Jr., Manager of Arlington, L.C. o" c° MtCHAELJLP ]82 Z Commission Num MyCommisslo Nota Public in and or i State °w Juty 26, ry {01115113.DOC} 31 - 4 - STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) On this c0�1 day of September, 2011, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Matt 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 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 and them voluntarily executed. �o�,?`: Comm�ss:on Number 221819 i 1y Coil) wsio i Expires 101115113.DOCi Notary Public in and for said State S1 I I I � I i I d I g � I I i I' I I I 0 �a r -- cl I d m V o a 0 Nn 10.PY YC� — r1 PIP i �I 1 . I I� I� 47C� �apQO�, II II I I I 0 00 II s I g ' IIIIIIIIIIII V III zc k1o8"4,CaiRc9�y eg'���'�� '�" aN dam c< ng7o1,2�9 9i� o ova y Z 0 m w a S u l 4 �a � r n C f � H "p!f t r E° g �e m M v O o >> n ' 0 N o ?zo °0 °m E; °'' 'D Cl) 0a —5 z o =. m O �"" Z 3 N O E.1 C �mm m ^° vp °o� E mo N N O n° 4 ° �p —p -�5a OCin T1 •.° ° m R po o n , 0 DzD n N -�Z-i m Y Q On N�� r zPS m Z m o f O� o 04 yN e °N Zli SO m � e r D aN� A m 6qy K �7�� No m > n m °ze —I 1=n ° r%r�immFn X H a g ® Qii �o pQap Fa R. CD �pOo�t7CDG3�D'�'CI', � � It S ice` �1 i a � II r W:fl Ul 1 M i m P ;fig wa I ® 0amo" Z O 3A3 o II III �P98�;S D °'gSiZ g IIIIIIII1111 Ilttl Z �3Sou�S �MMV s gHP a^ 000 O as o xm z== s �N 9i K CK Z MR � �3au 99® Rz X Rain° zap oes o °y �3n8 S v 9� ag =a s e R¢ xss46 gaa�R �m y � y �L7 L s 0 Ap�A3� SIR 6 O 82 Oq a ; 3 pp 3 > m 7° DiN L' ° m Z °A y g 3 T V O os,D 04 m CEO �ZdDD 0n VJ C-Tpom c 00 ern �9 z a� n00o O g�o� � mv°Jr °D vp °o� O (D v m x m H O 82 Oq � pp 3 > m 7° DiN L' ° m Z °A y g 3 Au yr�� Y C �A (11 TZo id � N �A�i m N0-1 r%i r�i f/1 V14J \d1 dC. \di df�— itR — \dt dRZIAH Awn O/1 i/7r111 I1IOiR EII fl\T �� x m H 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 STONE BRIDGE ESTATES - PART SEVEN IOWA CITY, IOWA 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 Stone Bridge Estates - Part Seven, 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 Chadwick Lane, Arlington Drive, Norfolk Road, Thames Drive and Colchester Drive. (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 eight feet (8) in width within the Trial Easements shown on Outlot "F ", said trail to be constructed in accordance with the plans and specifications approved by the City Engineer. (01096307.DOC) 31 -z- 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 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. Storm Water Management. The City of Iowa City installed a regional storm water detention facility located on the south branch of Ralston Creek just east of Scott Boulevard. The Subdivider is responsible to install storm sewers and drainage swales which together will transport and convey the peak rate of runoff generated from a 100 -year return frequency storm from the development to Ralston Creek. Section 3. 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 4. Sidewalks. The Subdivider agrees to install sidewalks adjacent to Chadwick Lane, Arlington Drive, Colchester Drive, Thames Drive and Norfolk Road. Said sidewalks shall be at least four (4) feet in width, except those sidewalks adjacent to Thames Drive, which 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. 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. Section 5. 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 (01096307.DOC) 31 -3- 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 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 6. Occupancy Permit. Prior to the issuance of an occupancy permit for any structure erected pursuant to Section 5, 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 4. Section 7. 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. {01 osssozDoc} 31 Section 8. 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 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 9. 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 4. This section also authorizes the execution of one or more limited release agreements, based on the escrows for improvements as contemplated by Section 5 above and as may be acceptable to the City. Section 10. 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 Arlington Drive, Colchester Drive, Chadwick Lane, Thames Drive and Norfolk Road are installed and accepted by the City. Section 11. Neighborhood Open Space. The City's Neighborhood Open Space Ordinance requires the dedication of 1.75 acres of property, or the payment of a fee in lieu thereof, in connection with the preliminary plat of this subdivision and adjacent property (1.15 acres for Stone Bridge Estates Parts Five through Nine and .6 acres for Windsor Ridge Part Twenty - One). It is agreed that said requirement shall be met upon development of Stone Bridge Estates — Part Eight, by the dedication to the City of Outlot B as shown on the preliminary plat thereof. 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 Subdivider's adjacent land. (01096307.DOC) 31 -5- The City agrees that the Restrictive Covenant regarding the dedication of Neighborhood Open Space, recorded in Book 3964, at Page 420 of the Records of Johnson County, Iowa, is released as it pertains to this Subdivision. Section 12. Lower West Branch Road. The Subdivider agrees that in consideration of the final plat being approved by the City, the Subdivider shall contribute funds to the City for the reconstruction of Lower West Branch Road in an amount equal to $6,424.44 per acre for 6.23 acres or a total amount of $40,024.26. This amount shall be paid upon the issuance of the first occupancy permit in the subdivision. The 6.23 acres represents the total acreage in Stone Bridge Estates — Parts Six and Seven that was subject to the Conditional Zoning Agreement entered into in connection with Ordinance No. 06 -4225 (20.79 acres). The remaining amount of the Lower West Branch Road fee ($93,539.74) shall be paid upon the future final platting of Stone Bridge Estates — Parts Eight and Nine. Section 13. Miscellaneous. (a) All electrical, telephone and cable television service and distribution lines shall be installed underground. (b) Outlot "F" within the subdivision shall be private open space for the benefit of all lots in the subdivision and not for public use. Said Outlot shall be owned and maintained by the Subdivider, or an Owners association. The cost of maintaining Outlot F shall be shared by all subdivision lot owners through a homeowners association. Any costs incurred by the City due to failure by the homeowners association to meet its obligations under the provisions of this Section and City Ordinance 14- 3A -4(J) shall be assessed against, and will be become a lien against all lot owners located within the subdivision in favor of the City. Such assessment shall be by written instrument and recorded in the Office of the Johnson County Recorder. (c) The Subdivider and/or its successors in interest, which may be a homeowner's association, shall have the obligation to maintain Outlot F, including the trail within Outlot F. 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 Outlot F, 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) Basements are permitted in dwelling units for all lots in the subdivision; however, basements for dwelling units on Lots 64 through 71 are subject to the following conditions and restrictions: Regarding Lots 64 through 69, basements shall be equipped with a sump pump and adequate foundation tile with discharge to the back of the lot. Regarding Lots 70 and 71, basements shall be equipped with a (01096307.DOC) 31 Ire sump pump and adequate foundation tile with direct discharge to the storm intake located on the east side of Colchester Drive on the common lot line extended between Lots 70 and 71. Regarding Lots 64 through 71, 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. To ensure compliance with these provisions concerning basements for dwellings constructed on Lots 64 through 71 in the subdivision, the property owner's registered engineer shall certify that the foundation tile and sump pump have been properly installed to its discharge location. (e) Prior to the issuance of the first building permit, the Subdivider shall pay the City a water main extension fee in the amount of $3,859.15 (9.77 acres x $395 per acre). (f) Upon the City's acceptance of the Public Improvements as stated in Section 1, the Temporary Turn - Around Easement granted as a part of Stone Bridge Estates — Part Six and recorded in Book 4520, at Page 488, of the Records of Johnson County, Iowa, shall be considered terminated as noted on the final plat. (g) Upon acceptance of the Public Improvements as stated in Section 1, the Sanitary Sewer and Storm Sewer Easement granted as a part of Stone Bridge Estates — Part Six and recorded in Book 4520, at Page 483, of the Records of Johnson County, Iowa, shall be considered terminated as noted on the final plat. (h) Upon acceptance of the Public Improvements as stated in Section 1, the Water Main Easement granted as a part of Stone Bridge Estates — Part Six and recorded in Book 4520, at Page 470, of the Records of Johnson County, Iowa, shall be considered terminated as noted on the final plat. (i) Lots 64 through 71 have restrictive minimum low opening (MLO) elevations, as noted on the final plat. The MLO elevation for these lots is 738.00 feet for Lots 64 through 69 and 741.00 feet for Lots 70 and 71. Q) 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. {01096307.DOC} 31 -7- 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. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] (01096307.DOC) �1 Dated this I I day of September, 2011. ARLINGTON DEVELOPMENT, INC. By C��, ( M , &0 J n W. Moreland, Jr., P esident and Secretary CITY OF IOWA CITY, IOWA Z Matt Hayek, Mayor ATTEST: By: Marian K. Karr, City Clerk STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this Iq day of September, 2011 by John W. Moreland, Jr. as President and Secretary of Arlington Develo W _ C 1A "LJ. PUGHmmission Number 175282 y commission F�frea July 26, 2012 Notary Public i an f r said State STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) On this A911�1 day of September, 2011 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Matt 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. z }ra, ISELLIE K. "rUT(LE l � fly C on Numbzr 221819 Mg ComNissb Ex fires / / LG7 t" !/ Notary Public in and for said State (01096307.00C} Doc ID: 022326320004 Type: GEN Kind: ORDINANCE Recorded: 10/17/2011 at 11:41:35 AM Fee Amt: $22.00 Pace 1 of 4 Johnson Countv Iowa Kim Painter Countv Recorder 119 M. •i 1.., STATE OF IOWA ) ) SS JOHNSON COUNTY ) 410 East Washington Street Iowa City, Iowa 52240 -1826 ;lull- (319) 356 -5000 (319) 3S6 -5009 FAX www.icgov.org 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. 11-4445 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 4th day of October, 2011, all as the same appears of record in my office. Said ordinance was previously recorded on October 11, 2011, Book 4814, Pages 493 -496. The attached plan has been revised. Dated at Iowa City, Iowa, this 14th day of October, 2011. Marian-K. -Karr City Clerk \ord ;I2- Prepared by: Nick Benson, Planning Intern, 410 E. Washington St, Iowa City, IA; 319 - 356 -5243 (REZ11- 00005) ORDINANCE NO. 11 -4445 AN ORDINANCE REZONING APPROXIMATLEY 10 ACRES OF PROPERTY LOCATED AT 350 DUBLIN DRIVE FROM PLANNED DEVELOPMENT OVERLAY MEDIUM DENSITY SINGLE FAMILY (OPD -8) ZONE TO PLANNED DEVELOPMENT OVERLAY LOW DENSITY MULTI - FAMILY (OPD /RM -12) ZONE. (REZ11- 00005) WHEREAS, Melrose Retirement Community LLC is the legal title holder of property located at 350 Dublin Drive, Iowa City, Iowa; and WHEREAS, Melrose Retirement Community LLC has requested a rezoning of this property from Planned Development Overlay Medium Density Single Family (OPD -8) zone to Planned Development Overlay Low Density Multi - Family (OPD /RM -12) zone; and WHEREAS, the Comprehensive Plan indicates that the property is appropriate for multi - family development; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and the Planned Development Overlay Plan and determined that it complies with the Comprehensive Plan and is compatible with the surrounding neighborhood; and 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 OPD -8 to OPD /RM -12: LOT 117, GALWAY HILLS SUBDIVISION - PART FIVE, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 40, AT PAGE 282, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 10 ACRES, AND SUBJECT TO THE EASEMENTS AND RESTRICTIONS OF RECORD. 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. 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 Melrose Retirement Community's expense, upon the final passage, approval and publication of this ordinance, 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 bylaw. Passed and approved this 4th day of October , 2011. MAYOR ATTEST: 2e, C Y CLERK (� A� App ��ved by l �l 1�3'' pp 1 / �' J"irn�,wzazO ¢cep ty Attorney's Office ��L Ordinance No. 11 -4445 Page 2 It was moved by Bai 1 ey and seconded by M;mc that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x _ _ Wright First Consideration 9/6/2011 Vote for passage: AYES: Champion, Dickens, Hayek, Mims, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. Second Consideration 9/20/2011 Vote for passage: AYES: Wright, Bailey, Champion, Dickens, Hayek, Mims, Wilburn. NAYS: None. ABSENT: None. Date published 10/13/2011 �j'Z Lull HIS, b= \ CD Rr °+ 4-3 ci )\\�� «/ ci 0 3 ato OKK mo �.o c rm '00 HA I W 9 STATE OF IOWA I� 7[� [.Y�7 � tK�I I i► Y l! y Doc ID: 022347540003 Type. OEN Kind: RESOLUT11/ION Recorded: 07/2011 at 10:09:40 AM Pee Amt: $17.00 Pane 1 of 3 Johnson County Iowa Kim Painter County Recorder BK4827 po371 -373 ) SS 5Fl� 6K IBz� it I° VP 'Z CFty OP P6 3-14 (n.,., I 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. 11-341 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15t day of November, 2011, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 2" d day of November 2011. Marian K. arr City Clerk \I-es 410 EAST WASHINGTON STREET s IOWA CITY, IOWA 52240 -1826 e (319) 356 -5000 e FAX (319) 356 -5009 4d(1) Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356 -5030 RESOLUTION NO. 11 -341 RESOLUTION APPROVING THE ACCEPTANCE OF THE DEDICATION OF OUTLOTS "A" AND "B" OF FIRST AND ROCHESTER, PART FOUR, IOWA CITY, JOHNSON COUNTY, IOWA, AS PUBLIC OPEN SPACE. WHEREAS, in connection with the First and Rochester, Part Four Subdivision, it was agreed that the owners and /or subdivider, Plum Grove Acres, Inc., would dedicate Outlots A and B within said subdivisions to the City; and WHEREAS, the owner is now willing and able to dedicate said parcels to the City; and WHEREAS, the Parks & Recreation Department and Public Works Department have inspected the property and determined it is suitable for dedication at this time, and the City Council finds acceptance of said dedication to be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Acceptance Outlots A and B, First and Rochester, Part Four, Iowa City, Iowa, as shown on the final plat thereof, recorded at Book 44, Page 267 in the plat records of the Johnson County Recorder, for public open space, in a form of conveyance approved by the City Attorney's Office, is hereby approved and authorized. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said dedication and record the same at Plum Grove Acres, Inc.'s expense. Passed and approved this 1st day of November , 2011. MAYOR l ' J Ap proved by / ATTEST: �d2. f/ �� oCl a�Ia o °t �ni ®�c4� CITY OLERK City Attorney's Office dal -411 3Al' Resolution No. 11- Page 2 It was moved by Champ; on and seconded by trims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion Dickens _ Hayek x Mims x Wilburn x Wright wpdata/glossar/ /resolution- ic.doc P� Doc ID: 022367160009 Type: GEN Kind: RESOLUTION Recorded: 11/29/2011 at 10:35:00 AM Fee Amt: $47.00 Pace 1 of 9 Johnson Countv Iowa Kim Painter Countv Recorder STATE OF IOWA ) ) SS JOHNSON COUNTY ) a r I ++e yl�l® Ta- C1ty (1f 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 -363 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 22nd day of November, 2011, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 28`x' day of November 2011. c>'11 r ` (;'/ Maria City Clerk dies GURPOR 410 EAST WASHINGTON STREET o IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 • FAX (319) 356 -5009 3d(9) Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139 MMMMEEMN RESOLUTION NO. 11 -363 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, 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: 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. Passed and approved this 22nd day of November , 2011. MAYOR ATTEST: C TY LERK u GIORPOIRAT' SEA Approved by: r City Attorney's Office r 1 I u 'A Resolution No. 11 -363 Page 2 It was moved by Champion„ and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens —%_ Hayek x Mims Wilburn x Wright the Resolution be �j� 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 585 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: 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. 7. 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 December 1, 2011 and end upon substantial completion of the work, but no later than December 23, 2011, 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. a3.. 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. SIGNED this 22nd CITY OF IOWA CITY, IOWA By: � n® Matthew J. Hayek,.Nayor ATTEST: Mari A In 64 Clerk STATE OF IOWA ) )SS: JOHNSON COUNTY ) day of November, 2011. OWNER By: Approved by: i,.(��}8aa City Attorney's Office itlis{II This instrument was acknowledged before me on N" day NuJymb,,- -2011, by ` yy i � \-yn1 �V- (name) as >S c& Vf )ck j (title) of i LA-e, Voj rE Ll_(� (company). Notary Public-in nd for the St e f Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) NOTARIAL SEAL On this 3X10-day of &ov,eAsEtz 2011, 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. T10034, RAEFORT ission Number 159791 Notary Public in and for the State of Iowa Comm s5i0n Expires � 1�1\ o. ck- 4 , CN i. P� kl- Nov 04 2011 3:07PM 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 58'1' 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- F07SP 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 9/." 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 directly over this area Is the installation of new windows. This sidewalk canopy frame can support a 2500# 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; e;wy Greg J. GearP.E, ^4;: '•.fiy� Structural Engineer =< °: gREQOECf S� z; GEAR , ;rm ` rut, 9377,` `1 /7,L` -i �, 4" 61" 6.11, Q. 01- ty, /�\ 0 �10 I I� Az Doc ID: 022371200059 Type: GEN Kind: SUBDIVISION Recorded: 12/01/2011 at 02:16:31 PM Fee Amt: $297.00 Page 1 of 59 Johnson County Iowa Kim Painter Countv Recorder t"cp� STATE OF IOWA ) ) SS JOHNSON COUNTY ) t ? t ®W ;t ;r'1I1�Y� � tlWl ®Im� CITY OF IOWA CITY 410 East Washington Street losva City, Iowa 522401826 (3191 3565000 (319) 3565009 FAX www.itgov.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. 11-369, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 22nd day of November, 2011, all as the same appears of record in my office. Also attached are the final legal documents for Saddlebrook Meadows - Part Two, Iowa City, Iowa as follows: 1. Owners Certificate and Dedication 2. Subdivider's Agreement 3. Opinion of Attorney 4. Certificate of County Treasurer 5. Certificate of County Auditor 6. Consent of Mortgagee (West Bank) 7. Consent of Mortgagee (NMHG Investment Company, LC.) 8. Underground Utility Easement 9. Sanitary Sewer Easement Agreement 10. Water Main Easement Agreement 11. Termination of Off -Site Storm Sewer and Drainage Easement Agreement 12. Water Main Easement Agreement (Off -Site) 13. Sanitary Sewer Easement Agreement (Off -Site) 14. Storm Sewer Easement Agreement (Off -Site) 15. Declaration of Restrictive Covenant Related to The Neighborhood Open Space Requirement, 16. Consent of Mortgagee to Subdivision Dated at Iowa City, Iowa, this 30kAday of Alo ye in/�/ 2011. Marian ki, -Karr City Clerk / Ves subdivision o[,) �i!� I 1,� a� t � 35 5f mmmmmmw Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5240 (SUB11- 00014) RESOLUTION NO. 11 -369 RESOLUTION APPROVING FINAL PLAT OF SADDLEBROOK MEADOWS - PART 2, IOWA CITY, IOWA. WHEREAS, the owner, Saddlebrook Meadows Development, Inc., filed with the City Clerk the final plat of Saddlebrook Meadows - Part 2, 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 2011102, Iowa City, Johnson County, Iowa, lying in the Northwest One - Quarter of the Northwest One - Quarter of Section 25, Township 79 North, Range 6 West, of the Fifth Principal Meridian, the boundaries of which are more particularly described as follows: Auditor's Parcel 2011102, Iowa City, Johnson County, Iowa, in accordance with the Plat thereof recorded in Plat Book 56, at Page 79, in the Records of the Johnson County Recorder's Office, containing 3.57 acres, and 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 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. 3'D Resolution No. 11 -369 Page 2 Passed and approved this 22nd day of November '2011 MAYOR Approved by ATTEST: % ��,2� �c /L� Lac i i raur( �Fmz� CITY'CLEERK City Attorney's Office I I Ito I It It was moved by Bailey and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x x x x x x^ x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright pcd /templates /Final Plat - Resolution.doc doc rzJ OWNER'S CERTIFICATE AND DEDICATION SADDLEBROOK MEADOWS - PART 2 KNOW ALL MEN BY THESE PRESENTS: Saddlebrook Meadows Development, Inc. 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: See Exhibit "A" Saddlebrook Meadows Development, Inc., does further state that the subdivision of said real estate as it appears on the Final Plat of Saddlebrook Meadows - Part 2 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 Saddlebrook Meadows - Part 2, 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 / 7 day of November, 2011. SADDLEBROOK MEADOWS DEVELOPMENT, INC. By: Steve Gordon, Secretary CITY OF IOWA CITY, IOWA By: a n Matthew J. Hayek, Mayor By: Z4&"-,2 r� Maria -K. Karr, City Clerk (01131041.DOC) 3�' STATE OF IOWA, COUNTY OF JOHNSON) SS: This instrument was acknowledged before me on this / % day of November, 2011 by Steve Gordon as Secretary of Saddlebrook Meadows Development, Inc. � /) y MICHAEL J. PUGH Commission Number 175282 MyCommisslonExplrat Notary Public in and for Id State July 26, 2912 STATE OF IOWA, COUNTY OF JOHNSON) SS: On this Zub Z day of November, 2011, 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. KIAJ SONDRAE T Ommission Number 159791 My Commission Expires (0113I041.DOC) 4&'.ULna. FMrb Notary Public in and for said State �C� Legal Description Saddlebrook Meadows — Part 2 A portion of Auditor's Parcel 2003096, Iowa City, Johnson County, Iowa, lying in the Northwest One - Quarter of the Northwest One - Quarter of Section 25, Township 79 North, Range 6 West, of the Fifth Principal Meridian, the boundaries of which are more particularly described as follows: Auditor's Parcel 2011102, Iowa City, Johnson county, Iowa, according to the Plat of Survey thereof recorded in Book 56, Page 79, Plat Records of Johnson County, Iowa. Said tract of land contains 3.57 acres, and is subject to easements and restrictions of record. (01131041.DOC) ICJ 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 SADDLEBROOK MEADOWS - PART 2 IOWA CITY, IOWA THIS AGREEMENT made by and between Saddlebrook Meadows 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 Saddlebrook Meadows - Part 2, 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 Pinto Lane and 26 feet in width on Blazing Star Drive and Whispering Meadow Drive. (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) Five (5) foot sidewalk adjacent to Whispering Meadow Drive abutting Outlot "A ". (01131164.DOC) -2- The paving, storm sewers, tile lines, water mains, sidewalk and sanitary sewers 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. No storm water management area or storm water retention basin is required to be constructed within the perimeter of Saddlebrook Meadows — Part 2. The storm water runoff protection afforded to this and other real estate within the greater Saddlebrook Meadows area is provided by the storm water management facilities constructed within the Saddlebrook Addition property. Section 3. 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 4. Sidewalks. The Subdivider agrees to install sidewalks adjacent to Blazing Star Drive, Pinto Lane and Whispering Meadow Drive. Said sidewalks shall be at least five (5) feet in width, except on Lots 67 and 68 adjacent to Whispering Meadow Drive, in which case 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. 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 15- 1 -7(B), Iowa City Code of Ordinances. The Subdivider agrees to install a five (5) foot wide sidewalk adjacent to Whispering Meadow Drive abutting Outlot A with the other subdivision improvements. Section 5. Building Permits and Escrow Monies. If the Subdivider should desire a building permit for a building on any lot in said (01131164.DOC) ryfj -3- 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 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 6. Occupancy Permit. Prior to the issuance of an occupancy permit for any structure erected pursuant to Section 5, 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 4. Section 7. 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. (01131164.DOC) 4C7 Section 8. 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 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 9. 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 4. This section also authorizes the execution of one or more limited release agreements, based on the escrows for improvements as contemplated by Section 5 above and as may be acceptable to the City. Section 10. 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 Blazing Star Drive, Whispering Meadow Drive and Pinto Lane are installed and accepted by the City. Section 11. Neighborhood Open Space. The City's Neighborhood Open Space Ordinance requires the dedication of 5,386 square feet of property, or the payment of a fee in lieu thereof at the discretion of the City in connection with this subdivision. It is agreed that said requirement shall be met upon development of the adjacent property to the west and south owned by the Subdivider as more particularly set forth in the Declaration of Restrictive Covenant Related to the Neighborhood Open Space Requirement recorded as part of this subdivision. This obligation shall bind the successors and assigns of all parties hereto, and shall apply to and run with the land and with the title to Subdivider's adjacent land. The Declaration of Restrictive Covenants Relating to Open Space (01131164.DOC) �`i -5- Ordinance Compliance by Saddlebrook Meadows Part 1, Iowa City, Iowa, as recorded on February 24, 2005, in Book 3846, at Page 747, of the Records of Johnson County, Iowa, is released as to this subdivision. Section 12. Miscellaneous. (a) All electrical, telephone and cable television service and distribution lines shall be installed underground. (b) Subdivider shall install a tile line drainage system. Dwelling sump pumps shall discharge into this subsurface drainage system. Discharge of roof drains and down spouts from dwellings shall not be permitted into the tile line(s). Basements are permitted in dwelling units for all lots in the subdivision; however, basements for dwelling units on Lots 58 through 64 and Lots 67 and 68 are subject to a condition and restriction that basements shall be equipped with a sump pump and adequate foundation tile with discharge into subsurface drainage system constructed for the development. For each Lot subject to this section (Lots 58 through 64 and Lots 67 and 68), 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. To ensure compliance with these provisions concerning basements for dwellings constructed on Lots subject to this section, the property owner's registered engineer shall certify that the foundation tile and sump pump have been properly installed into said subsurface drainage system and there is no discharge of roof drains and downspouts of dwellings into the subsurface drainage system. (c) Prior to the issuance of the first building permit, the Subdivider shall pay the City a water main extension fee in the amount of $1,410.15 (3.57 acres x $395 per acre). (d) Plat notes and surveyor's notes on plats sere 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 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. (01131164.DOC) 4.2 M Dated this / 7 day of November, 2011. SADDLEBROOK MEADOWS DEVELOPMENT, INC. Steve Gordon, Secretary CITY OF IOWA CITY, IOWA By: n Matthew J. Hayek, Mayor ATTEST: Ma ian K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me on this 7 day of November, 2011 by Steve Gordon as Secretary of Sad lebrook Meadows Development, Inc. ., c MICt °1tA�f. J. F'UCW y � Commission Number 175282 :_� MyCommisslonFxpires ,ow. Juty zc, zolz No ary Public in add for ai State STATE OF IOWA, COUNTY OF JOHNSON) ss: On this zz ^° day of November, 2011 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. WeIN SONDRAE FORT ommission Number 159791 My Commission Expires 8 2012 {01131164.DOC) ey.otnai �,fb Notary Public in and for said State 1�(2 OPINION OF ATTORNEY SADDLEBROOK MEADOWS - PART 2 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 Saddlebrook Meadows — Part 2, is in Saddlebrook Meadows Development, Inc., free and clear of all liens and encumbrances except for the following mortgage liens: A. subject to a Mortgage in favor of West Bank, which mortgage is dated May 8, 2007 and was recorded on June 8, 2007 in Book 4169, Page 874 of the Records of the Recorder of Johnson County, Iowa; B. subject to a Mortgage in favor of West Bank which mortgage is dated March 27, 2008 and was recorded on March 28, 2008 in Book 4279, at Page 314 of the Records of the Recorder of Johnson County, Iowa.; and C. subject to a Mortgage in favor of MBHG Investment Company, L.C. which mortgage is dated October 14, 2011 and was recorded on October 20, 2011 in Book 4819, at Page 514 of the Records of the Recorder of Johnson County, Iowa. D. subject to a Mortgage in favor of Hills Bank and Trust Company which mortgage is dated November 18, 2011 and was recorded on November 23, 2011 in Book 4835, at Page 307 of the Records of the Recorder of Johnson County, Iowa Dated at Iowa City, Iowa, this R d day of November, 2011. u Michael J. Pugff Bradley & Riley PC Tower Place One South Gilbert Street Iowa City, IA 52240 (01131086.DOC) EXHIBIT "A" Legal Description Saddlebrook Meadows — Part 2 A portion of Auditor's Parcel 2003096, Iowa City, Johnson County, Iowa, lying in the Northwest One - Quarter of the Northwest One - Quarter of Section 25, Township 79 North, Range 6 West, of the Fifth Principal Meridian, the boundaries of which are more particularly described as follows: Auditor's Parcel 2011102, Iowa City, Johnson county, Iowa, according to the Plat of Survey thereof recorded in Book 56, Page 79, Plat Records of Johnson County, Iowa. Said tract of land contains 3.57 acres, and is subject to easements and restrictions of record. {01131086.000} 'Jj�� CERTIFICATE OF COUNTY TREASURER SADDLEBROOK MEADOWS - PART 2 IOWA CITY, IOWA I, the undersigned, Treasurer of Johnson County, Iowa or deputy thereof, hereby certify that the following described property, also known as Saddlebrook Meadows - Part 2, 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 1Y day of November, 2011. c Thomas L. Kriz, Treasure? Johnson County, Iowa Parcel No. 1025226005 [01131071.DOC} jr) EXHIBIT "A" Legal Description Saddlebrook Meadows — Part 2 A portion of Auditor's Parcel 2003096, Iowa City, Johnson County, Iowa, lying in the Northwest One - Quarter of the Northwest One - Quarter of Section 25, Township 79 North, Range 6 West, of the Fifth Principal Meridian, the boundaries of which are more particularly described as follows: Auditor's Parcel 2011102, Iowa City, Johnson county, Iowa, according to the Plat of Survey thereof recorded in Book 56, Page 79, Plat Records of Johnson County, Iowa. Said tract of land contains 3.57 acres, and is subject to easements and restrictions of record. f O1131071.DOC) CERTIFICATE OF COUNTY AUDITOR SADDLEBROOK MEADOWS - PART 2 IOWA CITY, IOWA I, Tom Slockett, the Johnson County Auditor, hereby approve of Saddlebrook Meadows — Part 2 as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: l See Exhibit "A ". {01131154.DOC} EXHIBIT "A" Legal Description Saddlebrook Meadows — Part 2 A portion of Auditor's Parcel 2003096, Iowa City, Johnson County, Iowa, lying in the Northwest One - Quarter of the Northwest One - Quarter of Section 25, Township 79 North, Range 6 West, of the Fifth Principal Meridian, the boundaries of which are more particularly described as follows: Auditor's Parcel 2011102, Iowa City, Johnson county, Iowa, according to the Plat of Survey thereof recorded in Book 56, Page 79, Plat Records of Johnson County, Iowa. Said tract of land contains 3.57 acres, and is subject to easements and restrictions of record. t01131154.00C} 1h6 CONSENT OF MORTGAGEE TO SUBDIVISION SADDLEBROOK MEADOWS — PART 2 IOWA CITY, IOWA The undersigned, West Bank, is the Mortgagee of the Mortgages from the following: A. MBHG Investment Company, L.C., dated the 8th day of May, 2007, and recorded the 8th day of June, 2007, in Book 4169, at Page 874 of the Records of the Recorder of Johnson County, Iowa. B. MBHG Investment Company, L.C., dated the 27th day of March, 2008, and recorded the 28th day of March, 2008, in Book 4279, at Page 314 of the Records of the Recorder of Johnson County, Iowa. Said Mortgages encumber that property to be designated as Saddlebrook Meadows - Part 2 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 Saddlebrook Meadows 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 November, 2011. WESMZ-4 By: W mans T- ik Q2;'V/dc.--p(cQ2�?Vr By: q1)4yF' Ad' . �irstUice��esideni- STATE OF IOWA, COUNTY OF JOHNSON ) ss: On this I �p day of �V(M }(_W, 2011, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared 1 'YYL1.S (, tjff. ( and _ 16fy\o" �`�QmY '' , tome personally known, who being by me duly sworn, did say that they arethe'Seo r- \('I(L and 1 tfS1' Vi(c Orcsik 1`i of the corporation executing the within and foregoing instrument to which this is attached, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that �s (I i if) Il (m tsnso.DoC) �0 and Mlf)Ak "cafknO as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. Notary Public i an or said Stat JA BROOKEIOZANO _ Commissi0O Number 748145 M Co mission Expires (01131150.DOC) EXHIBIT "A" Legal Description Sad dlebrook Meadows — Part 2 A portion of Auditor's Parcel 2003096, Iowa City. Johnson County, Iowa, lying in the Northwest One - Quarter of the Northwest One - Quarter of Section 25, Township 79 North, Range 6 West, of the Fifth Principal Meridian, the boundaries of which are more particularly described as follows: Auditor's Parcel 2011102, Iowa City, Johnson county, Iowa, according to the Plat of Survey thereof recorded in Book 56, Page 79, Plat Records of Johnson County, Iowa. Said tract of land contains 3.57 acres, and is subject to easements and restrictions of record. (01131150.DOC) CONSENT OF MORTGAGEE TO SUBDIVISION SADDLEBROOK MEADOWS — PART 2 IOWA CITY, IOWA The undersigned, MBHG Investment Company, L.C., is the Mortgagee of the Mortgage from the following: A. Saddlebrook Meadows Development, Inc., dated the 14th day of October, 2011, and recorded the 20th day of October, 2011, in Book 4819, at Page 514 of the Records of the Recorder of Johnson County, Iowa. Said Mortgage encumbers that property to be designated as Saddlebrook Meadows - Part 2 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 Saddlebrook Meadows 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 / 7 day of November, 2011. MBHG Investment Company, L.C. By: AM Management, Inc. Its: Manager Byf�'� Steve Gordon. Vice - President STATE OF IOWA, JOHNSON COUNTY) SS: This instrument was acknowledged before me on this 0 day of November, 2011 by Steve Gordon, Vice - President of AM Management, Inc., Manager of MBHG Investment Company, L.C. 1 � W— RP �e'7 pCVlpn MICHAEL J. PUGH N to Public in a for i state ° T� Commission Numbar 175282 -' My Commission Explre3 °Y 1' July 26, 2012 (01131179.DOC) 2C7 EXHIBIT "A" Legal Description Saddlebrook Meadows — Part 2 A portion of Auditor's Parcel 2003096, Iowa City, Johnson County, Iowa, lying in the Northwest One - Quarter of the Northwest One - Quarter of Section 25, Township 79 North, Range 6 West, of the Fifth Principal Meridian, the boundaries of which are more particularly described as follows: Auditor's Parcel 2011102, Iowa City, Johnson county, Iowa, according to the Plat of Survey thereof recorded in Book 56, Page 79, Plat Records of Johnson County, Iowa. Said tract of land contains 3.57 acres, and is subject to easements and restrictions of record. (01131179.DOC) 4 �j � 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 UNDERGROUND UTILITY EASEMENT SADDLEBROOK MEADOWS - PART 2 In consideration of the approval of the Final Plat of Saddlebrook Meadows - Part 2, Iowa City, Iowa, the undersigned owner (hereinafter "Grantor") hereby grant to MidAmerican Energy Co., Qwest Communications 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 Saddlebrook Meadows — Part 2, 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, fence, or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. No permanent dwellings, fences, retaining walls 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 (01131092.DOC} -2- 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. Grantor does hereby covenant with the Grantees that it is lawfully seized and possessed of the real estate above described, and Grantor has a good and lawful right to convey it, or any part thereof. 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 / 7 day of November, 2011. SADDLEBROOK MEADOWS DEVELOPMENT, INC. By: Steve Gordon, Secretary STATE OF IOWA, JOHNSON COUNTY) SS: This instrument was acknowledged before me on this � day of November, 2011 by Steve Gordon as Secretary of Saddlebrook Meadows Development, Inc. paue MICHAEU. PUGH jr ommission Number 175282 Notary Public in a d for #d State • hfi MycommisslonExplrw owa July 26, 2012 {01131092.DCC} 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 SADDLEBROOK MEADOWS — PART 2 IOWA CITY, IOWA THIS AGREEMENT, made and entered into by and between Saddlebrook Meadows 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 Saddlebrook Meadows - Part 2, 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. (01131102.DOC) 56 -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. Dated this — / � day of November, 2011 {01131102.DOC} /- Ib6 -3- SADDLEBROOK MEADOWS DEVELOPMENT, INC. By: Steve Gordon, Secretary CITY OF IOWA CITY, IOWA By: Matthew J. Hayek, Mayor ATTEST: M r aia n K. Karr, City Clerk STATE OF IOWA, JOHNSON COUNTY) SS: This instrument was acknowledged before me on this 17 day of November, 2011 by Steve Gordon as Secretary of Saddlebrook Meadows Development, Inc. 0 9 Commission Numtrsr 175282 i= My Commission Expires July 26, 2012 Notary Public in add for a d State STATE OF IOWA, JOHNSON COUNTY) SS: On this zz "! day of November, 2011, 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. 50NDP F FORT ° -� Commisslon Number 159791 $ it My Com fission Expires iov Znt V bYVLtGIl, ��O Notary Public in and for said State {01131102.DOC} �2,"J 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 WATER MAIN EASEMENT AGREEMENT SADDLEBROOK MEADOWS — PART 2 IOWA CITY, IOWA THIS AGREEMENT made by and between Saddlebrook Meadows Development, Inc. ( "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 "15.00' WATERMAIN EASEMENT" as shown on the Final Plat of Saddlebrook Meadows — Part 2, 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 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 (01146239.DOC) 0 - 2 - 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 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 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 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 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. 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 Areas. City covenants and agrees that existing driveways, fences, underground drainage tile 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 Areas which are disturbed will be graded to form a uniform slope, and topsoil shall be replaced and respread over (01196239.DOC} //7 6 - 3 - disturbed areas, thereby restoring said area substantially to its prior condition. 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 / 7 day of November, 2011. SUBDIVIDER SADDLEBROOK MEADOWS DEVELOPMENT, INC. By: Steve Gordon, Manager CITY OF IOWA CITY, IOWA By: / ilX � Matthew J. Hayek, Mayor ATTEST: By: A ' "2 si c Marian K. Karr, City Clerk STATE OF IOWA, JOHNSON COUNTY) SS: This instrument was acknowledged before me on this 17 day of November, 2011 by Steve Gordon, Manager of Saddlebrook Meadows Development, Inc. � 9� Commission Number 775282 , _j MyCommisslonE�irea Notary Nota Public in and f aid State ow> July 28, 2072 STATE OF IOWA, JOHNSON COUNTY) SS: On this Z2�day of November, 2011, 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 (01196239.DOC) tb6 - 4 - that 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 and them voluntarily executed. iM s SONDRAE rOR7 z° g Commis_Ion Number 159791 My Commission Expires iow .Sm 101146239.DOC} Ste„ d T--, A Notary Public in and for said State Prepared by and after recording return to: Michael J. Pugh One South Gilbert Sheet Phone (319) 466 -1511 Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 TERMINATION OF OFF -SITE STORM SEWER AND DRAINAGE EASEMENT AGREEMENT RE: Saddlebrook Meadows — Part 1, according to the Final Plat thereof recorded in Plat Book 49, Page 3, Plat Records of Johnson County, Iowa (the "Subdivision ") WHEREAS, pursuant to the Off -Site Storm Sewer and Drainage Easement Agreement recorded in Book 3846, Page 747, Records of Johnson County, Iowa (the "Easement "), the City of Iowa City was granted a storm sewer easement and drainage easement upon, over tinder, along, and across an area adjacent to the Subdivision as shown on the attached Exhibit "A" and identified on the Final Plat of Saddlebrook Meadows — Part 2 as `EXISTING 15.00' STORM SEWER EASEMENT TO BE RELEASED" and "EXISTING 50.00' DRAINAGE EASEMENT TO BE RELEASED; and WHEREAS, a new storm sewer easement has been granted in connection with the final platting of Saddlebrook Meadows — Part 2. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned, the City of Iowa City, hereby fully and irrevocably terminates, vacates, and releases the Easement. Dated this 2z as day of November, 2011. �. Matthew J. ayek, Mayor ATTEST: Maria Karr, City Clerk {01146274.DOC) STATE OF IOWA, JOHNSON COUNTY )ss: On this Z2 =" day of November, 2011, 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. �a!us SONDRAE FORT z° Commission Vum6er 159791 My Commi son Ex ices s.,Clq4' Notary Public in and for the State of Iowa (01146274.DOC) n�� Richard M. Ko dlek, P.F L5., 690 185th Street, —C NW Corner Section 25 -79 -6 Found concrete monument 0 'OW 5EUlER 4 DRAINAGE EA: 988'21'05 "E 1233.42') — — t, IA 52712 Phone. (563) 432 -6424 EXHIBIT 'A' Point of Commencing NE Comer Auditor's Parcel /2003 096 Found 1/2" rebor w/ red cap "Kordick 13657 SAOOLEBROOK MEADOWS PART 1 589 °50'58 0W 636.04' 15' Wide 5torm Sewer Easement 500 000'00 °W 1 1 36.29' i 1 Point of Beginning 1 1 1 i 50' Wide, Drainage 1 1 O 100 Easement LEGEND: ® Section Caner one noted • Folxld 1/2' rebor w/ red cop 'Kordick 13657' () Recorded dimension or Book - Poya 5ectlon Line — — — — — — — — — — Easement Box" Property Line LEGAL DESCRIPTION A 15.00 foot wide Storm Sewer Eaminentand a 50 faotwide Dminage Easement lying in Auditors Peme192003 096 in Iowa City, Iowa as recorded in Plat Book 46, Page 137 of the Janson County Recorders records, 7.50 feet and 25.00 fret, respectively, on each side of the centedme described w follows: Commencing at the NE comer of said Auditoes Parcel #2003 096; Thera S00°09'02 -E - 620.77 feet along the cart the of the said Auditors Parcel #2003 096; thence 559 °50158 "W - 96.04 feet to the Point of Begiordn of a 15.00 foot wide Storm SewerEssement centerline herein desenbed: thence S00 100'00 "W - 36.29 feet to do end of the 15 foot wide Storm Sewer Easement centerline, also being the Point of Beginning of a 50.00 foot wide Drainage Easement centertine heroin described; thence S12 °15'15 "E - 363.46 feet; thence 89OW001B - 19.92 feel to the cast lire of the said Auditors Parce12003 096, also being the end of the Drainage Easement Cents i m. 1 r 1 `O 6TORH 9EItER AND DR404r1C+E EAABEI` Portion HIMIT AUDITOR'S PARCEL 2003 206 JoFN eOINTY, IA po'It; 1w 1 w 1 O 0 1u 1 V 11111 1 tJ 20' 11 11 0JGi4o o 50, o a 1 1 1 \444 1 ` 1 19.92' SE Corner Auditors Parcel #2003 096 Found 1/2" rebar w/ redcap "Kordick 13657"- I— O J N 0 0 N m m 0 n N O `O J cli v tT 0 Na- Yo I O QN O m Z�c LIJ Oa] QQ O N Qa m i- O JO I hereby certify that this land survey docwnent was prepared end the related survey work rues performed Iz1 rro or under my drect Personal supervision and that I can a duly licensed Lend 5ixvegor uxler the Iaas of the state of Iowa. .. /C�zLY.S� d M. Kordick dote License romber 1365'7 try IKanse renewal date is Deceaber 31, 2005. ' paces a sheets covered W this each I eF I 6TORH 9EItER AND DR404r1C+E EAABEI` Portion HIMIT AUDITOR'S PARCEL 2003 206 JoFN eOINTY, IA MNO., oP io�tS�rrtiivnne��ying 59 105th Stxet ptoadowe 52772 6591 432 -6424 Book 3846. Pea. 767. File Number 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 WATER MAIN EASEMENT AGREEMENT (OFF -SITE) THIS AGREEMENT made by and between MBHG Investment Company, L.C. ( "Owner "), 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, 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 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 areas designated as "15.00' WATER MAIN EASEMENT" as shown on Exhibits "A ", "B" and "C" and attached hereto and incorporated herein, hereafter described as "Easement Areas." 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 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 (01146174.DOC1 4) - 2 - 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 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 Areas. 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 Owner 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 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. Owner 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 Owner shall install the public improvements in accordance with City specifications in connection with the final platting of adjacent property known as Saddlebrook Meadows — Part 2. In connection with any such installations by the Owner, the Owner 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 Owner 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 Areas. City covenants and agrees that existing driveways, fences, underground drainage tile 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 Areas 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. (01146174.DOC) /�p - 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 17 day of November, 2011. OWNER MBHG INVESTMENT COMPANY, L.C., an Iowa limited liability company By: AM Management, Inc., an Iowa corporation Its: Manager By:� Steve Gordon, Vice - President CITY OF IOWA CITY, IOWA By: Matthew J. Hayek, a or ATTEST: Marian K. Karr, City Clerk STATE OF IOWA, JOHNSON COUNTY) SS: This instrument was acknowledged before me on this 1/7 day of November, 2011 by Steve Gordon, Vice - President of AM Management, Inc., Manager of MBHG Investment Company, L.C. Wme IaUC�H Uer 175262 Expires 012 (01146174.DOC) Notary Public in and fdesai 0 tate - 4 - STATE OF IOWA, JOHNSON COUNTY) SS: On this 2Z!0 day of November, 2011, 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 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 and them voluntarily executed. U00 f (01146174.DOC) �e,+dnan_ Yi,r� Notary Public in and for said State Qs Z VJ� LU a Q m s W F � O Z O co Z 2 O 0 a Ap UR 26 so�Np i °HH-7 0 ` 1188 °' a= --Z. sag Z 83°gaM 'a8 °OED =� g Z11111 IIIII II I I III II �► - �i � w I� liwU� II � i7 �_� ~ j0 ®w Z oNs p R °z yU aso� FZ dzzF O oas LL—� Uu) rcz�€ �_� BFo O0O ;3 C _9ioo8 Es g� Q ry N� C cp oNOWtJ P T�uOWry asogo rsmgP ap yze ,;gib ° 30 �Fa w �'_ €` I gmo €m «LSD a ou m E sg LU o A 46 � Cn otj � � tY OC9 �av maP 8 MbP $x$o o «° b a Ap UR 26 so�Np i °HH-7 0 ` 1188 °' a= --Z. sag Z 83°gaM 'a8 °OED =� g Z11111 IIIII II I I III II �► - �i � w I� liwU� II � i7 �_� ~ j0 ®w Z oNs p R °z yU aso� FZ dzzF O oas LL—� Uu) rcz�€ �_� BFo O0O ;3 cNO _9ioo8 Y3 cp oNOWtJ P T�uOWry asogo rsmgP ap Y4 ,;gib ° 30 �Fa 0 Ong BAP �'_ €` I gmo €m «LSD a ou ado gh sg A 46 otj tY OC9 �av maP =S9a Eo ora MbP $x$o o «° b BF Sfiz VM]o o3 ^1°1 Ss£gg$ 6Od O?���� 3 EN QOd a= o'er'n ... pay ano 0o E °o § n aa° Eo�oc 6 f O 91 V 3 �ua QOO oN 3uo .�,, a8O`U C7 2O$ aMB a bO5- 0� i 1 I LE FFFFFF 1 0 V 09C 2Jl fp �l�lVdSJS IMe -- m Cry 1 I j «LSD a ou .�,, a8O`U C7 2O$ aMB a bO5- 0� i 1 I LE FFFFFF 1 0 V 09C 2Jl fp �l�lVdSJS IMe -- m Cry 1 I j ® O /gam i = &AZ) v-6 zLgto 5a °sz �Q30 JJ/l///n///l��� .0 $ m e° r- `m� o O `z z° F� m x W `�'SScI 0 5 F� o n� /n �aO ° d ova VI zhg n^ >E mb w E0 3g^ °. a HM E 0 :1z 8l v zo3w a� sa N'96 b,6 gg °xo IO'� SE -3 Z IIIIIv Illlllliilll Q II II g li a I z �"deo ® I: paw 6 w I I j wu W I �I _- P _c go Ya 1 Y3 l�l � I 1 wE = Og-" �EJ R --------------- _ dAI�Ql Rt���3357 °. 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Pugh One South Gilbert Street Phone (319) 358 -5562 recording return to: Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 SANITARY SEWER EASEMENT AGREEMENT (OFF -SITE) THIS AGREEMENT, made and entered into by and between MBHG Investment Company, 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. 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 City an easement for the purposes of grading and /or excavating for and the installation, replacement, maintenance and use of sanitary sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage and to facilitate use of the easement area for the purposes for which it has been granted. This easement for multiple purposes shall also allow all necessary equipment, appliances and fittings, for the use in connection with said multiple purposes, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas described as "20.0' WIDE SANITARY SEWER EASEMENT" on Exhibit "A" and "20.0' SANITARY SEWER EASEMENT" on Exhibit "B ", attached hereto and incorporated herein by reference, and referred to herein as "Easement Areas ". 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 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 {01146179.DOC} 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 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, repairing or improving the Easement Areas. 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. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that Owner 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 or the Owner to install the original public improvement at issue herein. The Owner shall install the public improvements in accordance with City specifications in connection with the final platting of adjacent property known as Saddlebrook Meadows — Part 2. In connection with any such installations by the Owner, the Owner shall not be deemed acting as the City's agent during the original construction and installation of such improvements. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and all Owner's obligations for installation of initial improvements shall remain on Owner 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 Areas. City covenants and agrees that existing driveways, fences, underground drainage tile 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 Areas 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. tlG) {01196179.DOCk2 V 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, 2011. OWNER MBHG INVESTMENT COMPANY, L.C., an Iowa limited liability company By: AM Management, Inc., an Iowa corporation Its: Manager By: Steve Gordon, Vice - President CITY OF IOWA CITY, IOWA By: s® Matthew J. Hayek, Ma or ATTEST: Ma ian K. Karr, City Clerk STATE OF IOWA, JOHNSON COUNTY) SS: This instrument was acknowledged before me on this / % day of November, 2011 by Steve Gordon, Vice - President of AM Management, Inc., Manager of MBHG Investment Company, L.C. os l8 MICHAEL J.PUGH Alleaf dexil� Commission Number 175282 My Commission Expires Noltirg Public in and/for s d State OW July 26, 2012 STATE OF IOWA, JOHNSON COUNTY) SS: On this 22&,A day of November, 2011, 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 (01196179.Doc)3 /%p 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 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 and them voluntarily executed. E' ORT S„ o" � Z Commission Numb= 159791 Notary ublic in and for said State M C m fission Expires ry IOWA 3 7 zolz 101196179. DOC) 4 /P WZOUN 4lNN C 9 TT Q } ZOmK F Z In �m `' E°6 mm n JpN6N Om `q� � vsGJ W NT'-'$ 5 8 LU t(O J a3oa J `2 tNll pZ nU N PJit'Ni'v(i KV ¢U' rz Ljm O w w 3 3 o ° °p g2 — o S O 1 F my2p Q mEU Z1'� SOMo Y SZ :E°fsO ✓!Zorn} O Q F-- x F R� .BF J �a or R.°. u b E ° w g� 'nn W Z. VI IM2� n^ z mb� 66 oa m e K. O aii�8 °a bo3��6��bo� § YsBffgonEFnBr M a 88 �a � z®d0 ® '12.' b W W CSUtl � ^ y N V ' e� 17 z3 3LO ao$No �o0 8o`E EWN9 -o Y3a $ud aFF pn ar'i �`m y�l5oo $ €w° oo`$ U sEo ��kEU PJ V2S aU c96�P�C�J S Oi 3Y'L 1R� °5 C� nQU °"a�Ob °o`E 3a�Oaa NaC o NC _ w�E 5Fe = «off -° �c aa a' a €o �M °✓1 3.Vd dMM��tl �k$ Ra E°6 VV r rl 5 8 PJit'Ni'v(i GO A s�uamm�as° �mQLz z RaL0 W n;LLO As30 Q n`m� A¢a Q o � � O 00 m X W F ` g_ o w° B % an 4a z ° w 2 Z2 <zo J m a 0 pp O = VU° Yp3 Y.i�sj /Sow g Z�z 66�ggma7B�r� »a�$�� Q II II � W 3 0 NA` ? 3n 6bc M. s „� gma €o °mG yzo WEE -oo QEo =�'o �o`E E °Ne aS oz' es� mY� a o`o Eo�s` P � oz o� wss N i v nvY�ei um <isv �� pWOL1 Li (qNN C � Q 22 O �� rcNm ® „z J Ej"' z jpN�N 'SON J °mbz r ryoea OU gwR E w COY_r T � W op"•V uz ,u ° don UN 4 E J W Cn o^� °_ 0z°�w Q w �VEV0.9.... ° =Q °aw ��0 W o �mQLz z RaL0 W n;LLO As30 Q n`m� A¢a Q o � � O 00 m X W F ` g_ o w° B % an 4a z ° w 2 Z2 <zo J m a 0 pp O = VU° Yp3 Y.i�sj /Sow g Z�z 66�ggma7B�r� »a�$�� Q II II � W 3 0 NA` ? 3n 6bc M. s „� gma €o °mG yzo WEE -oo QEo =�'o �o`E E °Ne aS oz' es� mY� a o`o Eo�s` P � oz o� �3 3pO C6 °Y 3 m° WS ago$e °j_ gZgcc Eoo o €og =a moo Eoc6�a So`OE Endo° u °r2"m $ou E$O DoE Eox o ob° EEm�c wss Ems.• €o °`°�° � 3f5 ssg 3o`o3a LY.°.m ® „z °mbz gwR E w COY_r T � o lga b ^ =__” ^off �3 3pO C6 °Y 3 m° WS ago$e °j_ gZgcc Eoo o €og =a moo Eoc6�a So`OE Endo° u °r2"m $ou E$O DoE Eox o ob° EEm�c 0ug�g P t�3 P Z r Zq F b _ o Ems.• €o °`°�° � 3f5 ssg 3o`o3a LY.°.m ® °mbz gwR E w COY_r s3 °t g o lga b ^ =__” ^off ,u —J �sIT J 0ug�g P t�3 P Z r Zq F b _ o .V N YmY «c°ES a °jai os_ °«^a uK qgS , a €a 6 L9 Eafl -Ec °oE Ems.• €o °`°�° m ° °q� ssg 3o`o3a LY.°.m ® gwR E w COY_r s3 °t g o lga b ^ =__” ^off �VEV0.9.... ° .V N YmY «c°ES a °jai os_ °«^a uK qgS , a €a 6 L9 Eafl -Ec °oE fig ��J Ems.• €o °`°�° ° °q� ibZ °T 3o`o3a LY.°.m ® gwR E w COY_r oP`9 o lga b ^ =__” ^off fig ��J 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 STORM SEWER AND DRAINAGE EASEMENT AGREEMENT (OFF -SITE) THIS AGREEMENT, made and entered into by and between MBHG Investment Company, 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. 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 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 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 "15.00' WIDE STORM SEWER & DRAINAGE EASEMENT" on Exhibit "A" attached hereto and incorporated herein by reference, hereafter described as "Easement Areas." 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 Areas, 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 Areas, 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 t01146222.DOC) /�6 -2- may be a hazard to 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. Except as expressly provided herein, the City shall have no responsibility for maintaining the Easement Areas. 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 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. 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 improvement at issue herein. The Owner shall install the public improvements in accordance with City specifications in connection with the final platting of adjacent property known as Saddlebrook Meadows — Part 2. In connection with any such installations by the Owner, the Owner 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 Owner until completion by Owner, 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 Areas. City covenants and agrees that existing driveways, fences, underground drainage tile 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 Areas which are disturbed will be (01146222.DOC) �r,� -3- 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. 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 / 7 day of November, 2011. OWNER MBHG INVESTMENT COMPANY, L.C., an Iowa limited liability company By: AM Management, Inc., an Iowa corporation Its: Manager By: _:5� Steve Gordon, Vice - President CITY OF IOWA CITY, IOWA By: &_ A Matthew J. Hayek, Mayor ATTEST: By: Mar an K. Karr, City Clerk STATE OF IOWA, JOHNSON COUNTY) SS: This instrument was acknowledged before me on this / % day of November, 2011 by Steve Gordon, Vice- President of AM Management, Inc., Manager of MBHG Investment Company, L.C. o,, a MICHAEL J. PUGH a� Commission Number 175282 My commission Expire, Notary Public in an ors I State July 26, 2012 (01146222.DOC} 4'�� -4- STATE OF IOWA, JOHNSON COUNTY) SS: On this "- f day of November, 2011, 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 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 and them voluntarily executed. .3aL ' DIN E FORT sion Number 959791 ae.00n Ex Tres z pp ro ZOL;___ [01146222.DOC} Notary Public in and for said State 3c �woka in 17a(y c 4, � Q It 3 m _ VO uj K W of 1'U mo w a a e ..m " », LU t, {a Q o> w 2 �( J .4z ZR =az WaomZ wag30 Qaop� W <m U g O z Q 1- m S X W 6_ 4iis$ g ZZ W pp�y�Ri � oo�ii� B 0 ===°pa:o3es�oo Z�zzenk��o =�b=8� HU o„ Ea�in��twi~ I�SI Z IIII Iv 111111111111 �I Z vgo00 m .7 g w I IlwUo o� m� „a �3bOOi1 °� 101 T - 1 al Ig I I i I �3 2b cc °Y 3� zo I m$m° c3 jomw Vf z mWZJ oygQp O 0 d ,-za FZ o - °- a�a A 0 «moo —�— p \\II QEV \l 4, o $ ..m " », � SbpVECdi t, {a OrvdG1��N��� as n 9201 0Q &3 a�� a 0 101 s V Wa HIM ISHVVIS o. In x m $WV3'ME IBSGV ME �v 56 Prepared by: Michael J Pugh Bradley & Riley, PC One South Gilbert St., Iowa City IA 319 - 358 -5562 DECLARATION OF RESTRICTIVE COVENANT RELATED TO THE NEIGHBORHOOD OPEN SPACE REQUIREMENT This declaration is made by MBHG INVESTMENT COMPANY, L.C. (hereinafter "Owner ") to the City of Iowa City, an Iowa municipal corporation (hereinafter "City. ). WHEREAS, Saddlebrook Meadows, LLC and Saddlebrook Meadows Development, Inc. (hereinafter collectively "Subdivider ") have received City's approval of the final plats of Saddlebrook Meadows Parts 1 and 2, Iowa City (hereinafter collectively "Subdivision "); WHEREAS, in connection with said Subdivision, pursuant to City's Neighborhood Open Space Ordinance, Subdivider is required to dedicate 21 .,886 square feet of property to the City, or pay fees in lieu of said dedication; WHEREAS, Owner owns the property legally described on the attach Exhibit "A" (hereinafter "Adjacent Property ") which Owner or Subdivider intends to subdivide and develop in the near future; WHEREAS, Owner and Subdivider are affiliated entities; and WHEREAS, Owner and Subdivider have agreed Subdivider shall meet its Neighborhood Open Space ordinance requirement for the Subdivision at the time any parcel of Owner's Adjacent Property is developed and /or subdivided, which requirement, in the form of dedication of land or payment of a fee in lieu thereof, shall be in addition to the Neighborhood Open Space ordinance requirement relating to the development and /or subdivision of the Adjacent Property; Owner hereby impresses upon the above - described Adjacent Property , the condition and restriction that the Neighborhood Open Space requirement for the Subdivision, as described herein, shall be satisfied in full upon the future subdivision, development and /or use of said Adjacent Property. (01146657.DOC) (2 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. The City agrees that when the Owner and Subdivider have met their Neighborhood Open Space ordinance requirement for the Subdivision, the City will, upon request, promptly issue to the Owner, for recording in the office of the Johnson County Recorder, a good and sufficient release of the Adjacent Property so that this restrictive covenant will not constitute a cloud upon the title of the Adjacent Property. 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. In no event shall this restrictive covenant constitute a cloud upon the title of the lots within the subdivisions known as Saddlebrook Meadows Parts 1 and 2. Dated this I rl day of November, 2011. MBHG Investment Company, L.C., an Iowa limited liability company By: AM Management, Inc., an Iowa corporation Its: Manager By: Steve Gordon, Vice - President CITY OF IOWA CITY, IOWA By: Matthew J. Ha W, Mayor ATTEST: By: eue- ,L) 4A1 M Tian K. Karr, City Clerk (01146657.DOC) l 31, STATE OF IOWA, JOHNSON COUNTY) SS: This instrument was acknowledged before me on this /7 day of November, 2011 by Steve Gordon, Vice - President of AM Management, Inc., Manager of MBHG Investment Company, L. . Qhx�$$�,, MICHAEL, J. PUGH co Y iWon Numbeor�175282 M Commtsslon lrw Notary Public in d fo id State �.���' July 26, 2012 ry STATE OF IOWA, JOHNSON COUNTY) SS: On this z2 �VAday of November, 2011, 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 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 and them voluntarily executed. yg s, SONDRAE FORT t'!' �. Commission Number 159791 My Commission Expires iow 7 20/ Z- - Sardau Farb Notary Public in and for said State (011 46657.00C) 7 EXHIBIT "A" Auditor's Parcel 2003096, Iowa City, Johnson County, Iowa, in accordance with the Plat thereof recorded in Plat Book 46, at Page 137, in the records of the Johnson County Recorder's Office; Excepting therefrom: Saddlebrook Meadows Part 1, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 49, at Page 3 in the Records of the Johnson County Recorder's Office; and Further excepting therefrom: Auditor's Parcel 2011102, Iowa City, Johnson County, Iowa, in accordance with the Plat thereof recorded in Plat Book 56, at Page 79, in the records of the Johnson County Recorder's Office. Said Auditor's Parcel to be final platted as Saddlebrook Meadows Part 2. {01146657.DOC} 3' CONSENT OF MORTGAGEE TO SUBDIVISION SADDLEBROOK MEADOWS — PART 2 IOWA CITY, IOWA The undersigned, Hills Bank and Trust Company, is the Mortgagee of the Mortgage from the following: A. Saddlebrook Meadows Development, Inc., dated the 18 t day of November, 2011, and recorded the 23rd day of November, 2011, in Book 4835, at Page 307 of the Records of the Recorder of Johnson County, Iowa. Said Mortgages encumber that property to be designated as Saddlebrook Meadows - Part 2 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 Saddlebrook Meadows 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 2 & day of November, 2011. HILLS AIJJ ND �LISTCOMPANY By: W1'i By' ben ior v ice rest en STATE OF IOWA, COUNTY OF JOHNSON ) ss: On this day of November, 2011, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Dean stockman and _ Tim Finer , to me personally known, who being by me duly sworn, did say that they are the Vice President and Senior Vice Pres3denbf the corporation executing the within and foregoing instrument to which this is attached, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Dean stockman and Tim Finer as officers acknowledged the execution of the foregoing instrument to be the voluntary act and dee of the corporation, by it and by them voluntarily executed. HGLI -Y LOESCHE Notary P is - and for said State o g Commission Number 730608 (01 I47893.DOC) My Co iss on Expires owe 0 I* m11.1riv_v Legal Description Saddlebrook Meadows — Part 2 A portion of Auditor's Parcel 2003096, Iowa City, Johnson County, Iowa, lying in the Northwest One - Quarter of the Northwest One - Quarter of Section 25, Township 79 North, Range 6 West, of the Fifth Principal Meridian, the boundaries of which are more particularly described as follows: Auditor's Parcel 2011102, Iowa City, Johnson county, Iowa, according to the Plat of Survey thereof recorded in Book 56, Page 79, Plat Records of Johnson County, Iowa. Said tract of land contains 3.57 acres, and is subject to easements and restrictions of record. (01147893.DOC) ✓6 Doc ID: 022368570007 Type: GEN Kind: RESOLUTION Recorded: 11/30/2011 at 12:05:26 PM Fee Amt: $37.00 Paoe 1 of 7 Johnson Countv Iowa Kim Painter County Recorder STATE OF IOWA ) )SS JOHNSON COUNTY ) a r 1 "°rlfr� City 0f 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.11 -373 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 22nd day of November, 2011, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 29`h day of November 2011. Marian Karr City Clerk fires 410 EAST WASHINGTON STREET o IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 e FAX (319) 356.5009 k s Marian Karr City Clerk fires 410 EAST WASHINGTON STREET o IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 e FAX (319) 356.5009 Prep'd by: Sarah E. Holecek, First Asst. City A", 410 E. Washington St., Iowa City, IA 52240(319) 356 -5030 RESOLUTION N0. 11 -373 RESOLUTION APPROVING THE SEVENTH AMENDMENT TO THE PENINSULA NEIGHBORHOOD DEVELOPMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND PENINSULA DEVELOPMENT COMPANY, L.L.C. ( "PDC ") WHEREAS, pursuant to the Peninsula Neighborhood Development Agreement as amended, the parties established deadlines for Developer's purchase of successive phases within the Peninsula Neighborhood, with failure to meet said conveyance deadlines constituting a default under the agreement; and WHEREAS, PDC recently switched from an out of town engineering firm to MMS Consulting, requiring an update to topographic, boundary, and survey computations, and has also requested revisions to the OPD plan, sensitive areas development plan and subdivision plats for the remaining phases (3 and 4), thus generating concomitant delays in submitting final plats, a condition precedent to conveyance of the Peninsula Neighborhood Third or Fourth Addition; and WHEREAS, as a result of the impact of the change in engineering firms and the request to revise the OPD plan, sensitive areas development plan and subdivision plats for the remaining Peninsula Neighborhood Property, and with the desire to continue to build out the Peninsula Neighborhood, PDC has requested a short-term six (6) month extension of the December 1, 2011 closing deadline for conveyance of the Peninsula Neighborhood Third Addition to June 1, 2012; and WHEREAS, additionally, PDC has indicated its desire to purchase any remaining finally platted phase of the Peninsula Neighborhood without the restriction of fifty percent (50 %) of each preceding phase owned by PDC being built out or sold, and given PDC's commitment to completing the Peninsula Neighborhood and the lack of potential speculation by PDC in the remaining parcels, staff recommends removal of this restriction; and WHEREAS, given the delays described above and the lack for potential speculation by PDC upon acquiring the remaining phases of the Peninsula Neighborhood after final plat approval, it is reasonable, appropriate and in the public interest to grant PDC's requested extension of the closing deadline for conveyance of the Peninsula Neighborhood Third Addition to June 1, 2012 and to remove the condition precedent to conveyance that fifty percent (50 %) of property in any preceding phases of the Peninsula Neighborhood owned by PDC be sold or construction commenced. 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 Sixth Amendment to the Peninsula Neighborhood Development Agreement attached hereto. 2. The City Clerk is hereby directed to record this resolution and the attached amendment upon passage of this resolution at the Developer's expense. Passed and approved this 22nd day of November 120 11 MAYOR Ap `ove'd by? City Attor ey's Office �� �� /% Resolution No. 11 -373 Page 2 It was moved by Bailey and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: X _x- - x x x x x wpdaWglossarylresoluUondc.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright l 0 Prepared by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5030 SEVENTH AMENDMENT TO PENINSULA NEIGHBORHOOD DEVELOPMENT AGREEMENT This Seventh Amendment to the Peninsula Neighborhood Development Agreement is hereby made and executed by the City of Iowa City (hereinafter "City'), 410 East Washington Street, Iowa City, Iowa 52240 and Peninsula Development Company, LLC (hereinafter "PDC" and /or "Developer"), 44700 Groesbeck Highway, Clinton Township MI, 48036. The City is a municipal corporation organized under the laws of the State of Iowa. PDC is a limited liability corporation organized under the laws of the State of Michigan. WHEREAS, The City of Iowa City and Terry L. Stamper Holdings, LLC entered into the Peninsula Neighborhood Development Agreement which was recorded at Book 2986, Page 49, Records of the Recorder of Johnson County, Iowa, and the first amendment thereto, which was recorded at Book 3060, Page 735, Records of the Recorder of Johnson County, Iowa; and WHEREAS, Terry L. Stamper Holdings, LLC assigned all its rights under the Peninsula Neighborhood Development Agreement to PDC; and WHEREAS, the City and PDC entered into a second amendment to Peninsula Neighborhood Development Agreement which was recorded at Book 3686, Page 718 -732, Records of the Recorder of Johnson County, Iowa; and WHEREAS, the City and PDC entered into a third amendment to the Peninsula Neighborhood Development Agreement which was recorded at Book 3949, Page 421 -425, Records of the Recorder of Johnson County, Iowa; and WHEREAS, the City and PDC entered into a fourth amendment to the Peninsula Neighborhood Development Agreement which was recorded at Book4214, Page 172 -177, Records of the Recorder of Johnson County, Iowa; and WHEREAS, the City and PDC entered into a fifth amendment to the Peninsula Neighborhood Development Agreement which was recorded at Book 4538, Page 66 -72, Records of the Recorder of Johnson County, Iowa; and WHEREAS, the City and CDC entered into a sixth amendment to the Peninsula Neighborhood Development Agreement which was recorded at Book 4768, Page 590 -596, Records of the Recorder of Johnson County, Iowa; and WHEREAS, pursuant to the Peninsula Neighborhood Development Agreement as amended, the parties established deadlines for Developer's purchase of ?�p successive phases within the Peninsula Neighborhood, with failure to meet said conveyance deadlines constituting a default under the agreement; and WHEREAS, PDC recently switched from an out of town engineering firm to MMS Consulting, requiring an update to topographic, boundary, and survey computations, and has also requested revisions to the OPD plan, sensitive areas development plan and subdivision plats for the remaining phases (3 and 4), thus generating concomitant delays in submitting final plats, a condition precedent to conveyance of Peninsula Neighborhood Third or Fourth Addition; and WHEREAS, as a result of the impact of the change in engineering firms and request to revise the OPD plan, sensitive areas development plan and subdivision plats for the remaining Peninsula Neighborhood property, and with the desire to continue to build out the Peninsula Neighborhood, PDC has requested a short -term six (6) month extension of the closing deadline for conveyance of the Peninsula Neighborhood Third Addition to June 1, 2012; and WHEREAS, additionally, PDC has indicated its desire to purchase any remaining finally platted phase of the Peninsula Neighborhood without the restriction of fifty percent (50 %) of each preceding phase owned by PDC being built out or sold, and given PDC's commitment to completing the Peninsula Neighborhood and the lack of potential speculation by PDC in the remaining parcels, staff recommends removal of this restriction; and WHEREAS, given the delays described above and the lack for potential speculation by PDC upon acquiring the remaining phases of the Peninsula Neighborhood after final plat approval, it is reasonable, appropriate and in the public interest to grant PDC's requested extension of the closing deadline for conveyance of the Peninsula Neighborhood Third Addition to June 1, 2012 and to remove the condition precedent to conveyance that fifty percent (50 %) of property in any preceding phases of the Peninsula Neighborhood owned by PDC be sold or construction commenced. NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION AND THEIR MUTUAL PROMISES AND CONVENANTS, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. Section F of the Second Amendment to the Peninsula Neighborhood Development Agreement, recorded at Book 3686, Page 718 -732, Records of the Recorder of Johnson County, Iowa, as amended and modified by the Fifth Amendment to the Peninsula Neighborhood Development Agreement recorded at Book 4538, Page 68 -72, Records of the Recorder of Johnson County, Iowa, is hereby amended to read in its entirety as follows: Conditions Precedent to Conveyance: Prior to the conveyance of any further Phases or portion thereof, the Developer shall: 1. Submit a final plat for the phase and obtain final plat approval from the City; and �j� 2. Install and obtain the City's acceptance of the public improvements and install any private open space amenities, or, in the alternative, provide escrow funds for 110% of the cost thereof, in each preceding Phase; and 3. Comply with the OPDH /Regulating Plan in each preceding Phase; and 4. Submit to the City evidence satisfactory to the City that the Developer has the financial ability to install the necessary public improvements and private amenities in conformance with the Construction Plans and Final Plat of the phase or portion thereof to be conveyed. Upon approval of the final plat for each Phase and upon the Developer's satisfaction of the conditions precedent to conveyance, the City shall transfer the ownership of the Phase (or portion thereof if the parties mutually agree) to PDC in accordance with the provisions of Section H of this Agreement. Section G of the Second Amendment to Peninsula Neighborhood Development Agreement, recorded at Book 3686, Page 718 -732, Records of the Recorder of Johnson County, Iowa, as amended by the Fifth Amendment recorded at Book 4538, Page 66 -72, and the Sixth Amendment recorded at Book 4768, Page 590 -596, Records of the Recorder of Johnson County, Iowa, is hereby amended to read in its entirety as follows: Deadlines for Conveyance. Closing on Developer's purchase must occur on or before: 1. June 1, 2012 for the Peninsula Neighborhood Third Addition; and 2. Within three (3) calendar years of closing on the Third Addition, the Developer shall close on the acquisition of the Fourth Addition. Failure of the Developer to meet the conditions precedent to conveyance enumerated in Section F hereof within the deadlines for conveyance set forth in Section G hereof shall be a default under this agreement, and subject the Developer to the provisions of Section Q hereof. 4. The parties hereto acknowledge and agree that only the Conditions Precedent to Conveyance and the Deadlines for Conveyance outlined in Sections F and G, respectively, of the Second Amendment to the Peninsula Development Agreement, as amended by the Fifth and Sixth Amendment to the Peninsula Development Agreement, have been modified by this Seventh Amendment to the Peninsula Development Agreement, and all other terms and conditions outlined in the Peninsula Development Agreement, as amended, shall continue in full force and effect. OY DATED this 22nd day of November, 2011. PENINSULP DEVELOPMENT COMPANY, CITY OF IOWA CITY, IOWA L.L.C. Wayn ebbe ; Manager By: Matthew J. H bk' Mayor p y ) (, ATTEST: ;Atto - - J e�' ffiG ®1 / -2Z // By: �u . e�� Ma ian K. Karr, City Clerk STATE OF IOWA ) jj )ss: JOHNSON COUNTY )aioelt# On this 7z. "a day of NouEm P F2_ , 2011, 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. /—� L SONDPAE FORT - s(+ anQhge re-w-V =o ; Commission Number 159791 My Commission Expires Notary Public in and for the State of Iowa oW -3 ao A STATE OF MICHIGAN ) �A ) ss: / WefOM%J COUNTY ) On this .QS/ day of 2011, before me, a notary public in and for the State of Michigan, personally appeared Wayne Webber, to me personally known, who being by me duly sworn did say that the person is a Manager of PENINSULA DEVELOPMENT COMPANY, L.L.C., a Michigan limited liability company, and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said Wayne Webber acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it .voluntarily executed. N tary Pu is in arA for the State of Michigan ,,, e'rY••'Y NOTARIAL SEAL "�y (IIIIIIIIIIIIIIIIIII VIII IIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIII�I IIII:. -Doe ID: 022368620004 Type: GEN 'Kind: ORDINANCE Recorded: 11/30/2011 at 12:13:12 PM `Fee Amt: $22.00 Pace i of 4 Johnson Countv Iowa _Kim Painter County Recorder BK4837 PG575 -578 ( -Aa- 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. 11-4457 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 22nd day of November, 2011, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 291h day of November, 2011. Marian k—. Karr City Clerk \ord 410 EAST WASHINGTON STREET e IOWA CITY, IOWA 52240 -1826 e (319) 356 -5000 e FAX (319) 356 -5009 of ✓1 Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 -356 -5240 (REZ11- 00013) ORDINANCE NO. 11 -4457 AN ORDINANCE AMENDING THE PLANNED DEVELOPMENT OVERLAY HIGH DENSITY SINGLE FAMILY (OPD /RS -12) PLAN FOR 2.73 -ACRES OF LAND LOCATED AT 2785, 2829 AND 2871 HEINZ ROAD. (REZ11- 00013) WHEREAS, On August 16, 2005, the City Council adopted Ordinance Number 05 -4171 approving a Planned Development Overlay (OPD) Plan for portions of Saddlebrook Addition Part 1, Lot 3; and WHEREAS, the applicant, Mane Gate LLC, has requested a rezoning to amend the Planned Development Overlay High Density Single Family (OPD /RS -12) Plan for portions of Saddlebrook Addition Part 1, Lot 3, located at 2785, 2829 and 2871 Heinz Road to allow ground floor residential uses in lieu of commercial space and to remove the requirement to build 20 garage spaces shown on the original approved OPD Plan; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed amendments to the OPD 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 OPD Plan, attached hereto and incorporated herein by this reference, for the property described below is hereby approved: A portion of the Lot 3, Saddlebrook Addition, Part 1 in Iowa City, Iowa as recorded in Recorder's Plat Book 37, Page 94 lying in the E 1/2 SW 1/4 and the SE 1/4 of Section 24, T. 79 N., R. 6 W., of the 5th P.M., Johnson County, Iowa, described as follows: Beginning at the NW Corner of said Lot 3; thence N89 °56'44 "E - 235.51 feet along the north line of said Lot 3; thence S09 °42'27 "E - 349.64 feet along east line of said Lot 3; thence southerly - 91.85 feet along said east line of Lot 3 along a 2007.00 foot radius curve concave easterly with a central angle of 2 °37'19" and a chord of S11 °01'07 "E - 91.84 feet; thence S89 °38'31 "W - 311.34; thence N00 005'24 "W - 436.50 feet along the west line of said Lot 3 to the Point of Beginning. Said Parcel contains 2.73 acres. 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 OPD 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 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 21stday of November , 2011. MAYOR q� IA \1� ATTEST: 7 - ztis/ Approved by: (Y<<C ✓ °"v" xY clO� CITY CLERIC- City Attorneys ffice Ordinance No. 11 -4457 Page 2 It was moved by Mims and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x _ Dickens x Hayek x Mims x Wilburn x Wright First Consideration 10/18/2011 Voteforpassage: AYES: Dickens, Hayek, Mims, NAYS: None. ABSENT: None. Second Consideration 11/1/2011 Vote for passage: AYES: Hayek, Mims, Wilburn, ABSENT: Dickens. Date published 12/1/2011 Wilburn, Wright, Bailey, Champion. 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