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HomeMy WebLinkAboutJohnson County Recorder 2010Page 1 I Res 10 -12, attest a developers agreement with Westgate Villas, LLC for development of auditors parcel 2009046, located at West Benton and Westgate Streets, Iowa City, Iowa. 2 Ord 10 -4377, amending the Planned Development Overlay Medium Density Single Family Residential (OPDH -8) Zone for Lot 1, Olde Towne Village, located on Westbury Drive, South of Middlebury Road, in Iowa City, Iowa. 3 Ord 10 -4378, approving a conditional zoning agreement for auditor's parcel 2008103, approximately 25.16 acres of property in the Community Commercial (CC -2) zone for Westport Plaza, including Wal -Mart at 855, 911 & 1001 Highway 1 West, 4 Ord 10 -4377, amending the Planned Development Overlay Medium Density Single Family Residential (OPDH -8) Zone for Lot 1, Olde Towne Village, located on Westbury Drive, South of Middlebury Road, in Iowa City, Iowa. REVISED publication date. 5 Iowa City Board of Adjustment Decision of January 13, 2010 (1) EXC09- 00008, approval of an application submitted by Judy O'Donnell for a special exception to allow a specialized educational facility to operate in the Intensive Commercial (CI -1) zone at 415 Highland Ave subject to an application for a building permit to establish the change in use and that the special exception be limited to a fencing school. (2) EXC09- 00007, approval of an application for a Communications Transmission Facility in the Interim Development Single - Family (ID -RS) zone At 3106 Rochester Avenue subject to conditions. 01/15/10 01/28/10 01/28/10 02/05/10 03/05/10 6 Ord 10 -4383, rezoning approximately 132 acres of land from County Agricultural (C -AG) zone 03/08/10 to Interim Development — Research Park (ID -ORP) zone for property located near the intersection of Hwy 1 and Interstate 80. 7 Iowa City Board of Adjustment Decision of February 10, 2010 (1) EXC09- 00010, approval 03/15/10 of a special exception for the expansion of a general educational facility to construct a two - story 16x22 -1/2 ft accessory building in the Low - Density, Single - Fancily Residential (RS -5) zone at 2150 Rochester Avenue, subject to conditions. 8 Ord 10 -4385, rezoning approximately 5.05 acres located at Mormon Trek Blvd, south of 03/29/10 Eagle View Drive from Commercial Office (CO -1) to Intensive Commercial (CI -I). 9 Res 10 -116, approving final plat of Wal -Mart Subdivision, Iowa City, Iowa. 04/13/10 10 Iowa City Board of Adjustment Decision of March 10, 2010 (1) EXC09- 00009, approval 06/02/10 Of a waiver of the solid fencing requirements along the north, south, and east sides of the Property, subject to conditions. I 1 Res 09 -175, approving the final plat of Hickory Pointe, a resubdivision of lots 39 -41, 06/03/10 First and Rochester, Part One, Iowa City, Iowa. 12 Iowa City Board of Adjustment Decision of April 14, 2010 (1) EXC10- 00001, approval of 6/16/103 an application submitted by Jeff Clark for a special exception to allow up to 16 parking spaces in a municipal parking facility to satisfy the minimum parking requirements for a mixed used building to be constructed in the Central Business (CB -10) zone at 225 South Gilbert Street subject to conditions. (2) EXC 10- 00002, approval of a parking reduction subject to conditions. (3) EXC 10- 00003, approval to allow the vehicle repair use and waived the requirement for S3 landscape screening standards on the west and south sides of the vehicle storage area subject to conditions. Page 2 13 Res 10 -137, adopting the Moss Green Urban Village Urban Renewal Plan 06/03/10 14 Res 10 -301, agreement for temporary use of public right -of -way between the City of Iowa 06/10/10 City and New Pioneer's Cooperative Society for a portion of Van Buren Street in Iowa City, Iowa, 15 Ord 10 -4395, rezoning approximately 1.66 acres of land from County Agricultural (C -AG) 06/18/10 zone to Industrial Public (P2) zone for property located at 4265 Oak Crest Hill Road SE. 16 Ord 10 -4396, rezoning approximately 24.35 acres located west of Mormon Trek Blvd, 07/20/10 South of Hwy 1, and adjacent to City View Dr from Highway Commercial (CH -1) to Intensive Commercial (CIA). 17 Iowa City Board of Adjustment Decision of July 14, 2010 (1) EXC 10- 00005, approve to 09/09/10 allow a General Community Service Use in the Intensive Commerical (CI -1) zone and for a reduction in the required parking for unique circumstances for property located at 730 South Dubuque St subject to conditions. 18 Res 10 -373, agreement with the Iowa Department of Cultural Affairs for a grant from the 09/10/10 Iowa Great Places program. 19 Res 10 -383, attest documentation for the release of a school site covenant. 09/08/10 20 Res 10 -406, attest a sanitary sewer construction easement and dedication agreement for 09/24/10 Auditor's Parcel 2001051. 21 Res 10 -432, approving preliminary and final plat of D &D Billion Addition, Iowa City, Iowa 10/28/10 22 Res 10 -431, vacating a portion of JJR Davis Addition and conveying the vacated City View 10/28/10 Drive to Dealer Properties IC, LLC. 23 Iowa City Board of Adjustment Decision of September 8, 2010 (1) EXC10- 00007, approve 11/02/10 a special exception for a 1600 square foot church addition to the religious facility located in the Medium Density, Single - Family (RS -8) zone at 405 Myrtle Ave, subject to conditions. 24 Res 10 -458, voluntary annexation of approximately 207 acres of property located east of 11/03/10 Iowa River, south of McCollister Blvd, and west of Sand Road. 25 Ord 10 -4408, rezoning approximately 175 acres of land located on 420 °i Street west of Taft 11/04/10 Avenue from General Industrial (11) and Interim Development — Industrial (ID -1) to Planned Development Overlay — General Industrial (OPD -II). 26 Ord 10 -4409, conditionally rezoning approximately 60.32 acres of land from Interim 1 1/18/10 Development- Research Park (ID -RP) to overlay Planned Development- Research Park (OPD -ORP); and approximately 56.48 acres of land from (ID -RP) to (OPD -RDP); and Approximately 24.49 acres of land from (ID -RP) to (OPD -MU) for property located Northwest of the interchange of State Highway I with Interstate 80. 27 Ord 10 -4410, rezoning approximately 207 acres of land located east of Iowa River, 11/19/10 South of McCollister Blvd, and west of Sand Rd from County Agricultural Residential (AR) to Neighborhood Public zone (P -1). Page 3 Page # Date 28 Res 10 -490, approving the acceptance of the dedication of Outlet O, Windsor Ridge — Pt13 11/22/10 Iowa City, Johnson County, Iowa, as public open space. 29 Res 10 -491, accepting the dedication of and authorizing the Mayor to enter into a storm 11/22/10 water drainage easement agreement for Mt Prospect Addition, Part IX, Iowa City, Iowa. 30 Res 10 -426, approving the release of a storm water detention easement and the dedication 10/15/10 of a replacement easement within Lot 5, Scott's Second Addition, Iowa City, Iowa. 31 Ord 10 -4418, rezoning approximately 1.85 acres of land located at 4764 420°i St SE from 12/10/10 County Heavy Industrial (MH) to General Industrial (1 -1). 32 Res 10 -501, a voluntary annexation of approximately 1.85 acres of property located at 12/03/10 4764 420 °i St SE, Johnson County, Iowa. 33 Iowa City Board of Adjustment Decision of October 13, 2010 (1) EXC10- 00009, approval 12/13/10 for a special exception to reduce the front setback from 10 feet to 5.5 feet in order to allow construction of an uncovered deck at property located in the Medium Density (RS -8) zone at 1610 Center Avenue, subject to conditions. Doc ID: 021728170017 Type: OEN Kind: RESOLUTION Recorded: 01/15/2010 at 12:48:27 PM Fee Amt; 889.00 Pace 1 of 17 Johnson County Iowa Kim Painter Countv Recorder STATE OF IOWA ) ) SS JOHNSON COUNTY ) r i CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.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. 10 -12 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 12th day of January, 2010, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 14th day of January, 2010. y Mar— iaann -Karr City Clerk Ves Prepared by: Sara P. Greenwood Hektoen, Asst. City Atty -, 410 E. Washington St., Iowa City, IA 319 - 356-5030 RESOLUTION NO. 10 -12 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERI{ TO ATTEST A DEVELOPER'S AGREEMENT WITH WESTGATE VILLAS, L.L.C. FOR DEVELOPMENT OF AUDITOR'S PARCEL 2009046, LOCATED AT WEST BENTON AND WESTGATE STREETS, IOWA CITY, IOWA. WHEREAS, pursuant to the code of Ordinances of the City of Iowa City, the owner of Auditor's Parcel 2009046, located at the northeast corner of West Benton and Westgate Streets, Iowa City, Iowa has submitted a site plan for development of said property; and WHEREAS, city staff approved the site plan subject to the property owner granting to the City a sanitary sewer easement and underground utility 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 underground utility easements, as Staff finds it in the public's interest to ensure the integrity of the public improvements serving this parcel. 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 Auditor's Parcel 2009046. 2. The Mayor is hereby authorized to sign, and the City Cleric to attest, a Developer's Agreement with Westgate Villas, L.L.C. to allow for the development of Auditor's Parcel 2009046, in a form approved by the City's Attorney's Office. 3. The City Cleric 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 Westgate Villas, L.L.C. Passed and approved this 12th clay of January , 2010 . ATTEST: MAYOR CITY -CLERK App •oved by City Attorney's Office e 9 CORPORAiF SE Resolution No. 11 Page 2 It was moved by champion and seconded by trims the Resolution be 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 Prepared by: Douglas D. Ruppert, 122 South Linn Street, Iowa City, IA 52240, (319) 338 -9222 Return to: Douglas D. Ruppert, 122 South Linn Street, Iowa City, IA 52240 DEVELOPER'S AGREEMENT THIS AGREEMENT is made by and between Westgate Villas, L.L.C. (the "Developer ") and the City of Iowa City, Iowa, a municipal corporation (the "City'). WITNESSETH IT IS HEREBY AGREED AS FOLLOWS: Section 1. Public Improvements. In consideration of the City approving the development of Auditor's Parcel 2009046, Iowa City, Iowa, (the "real estate "), the Developer agrees, as a covenant running with the real estate that, except as otherwise specifically provided in this Agreement, the City shall not issue an occupancy permit for any portion of the real estate unless and until the Developer installs and the City accepts fire hydrant relocation, storm sewers, and sanitary sewers as required by the City. The fire hydrant relocation, storm sewers 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 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 Improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Developer until completion by the Developer, and until acceptance by the City, as provided by law. Section 2. Construction of Improvements. The Improvements described in Section 1 of this Agreement shall be constructed and installed by the Developer 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 Developer from its responsibility to construct said Improvements in accordance with the approved plans and specifications. Further, said inspections shall not create a duty or warranty on the part of the City that the construction of said Improvements are in compliance with said plans and specifications. Section 3. Sidewalks. The Developer, or its successors and assigns, agrees to install a four (4) foot sidewalk adjacent to the frontage of the real estate along Westgate Street. Said sidewalk shall be constructed according to plans and specifications approved by the City Engineer and as per Section 15.3.3 of the Iowa City Code of Ordinances. The sidewalk shall be installed prior to the issuance of an occupancy permit for construction on the real estate and shall remain a lien thereon until installed and released by the City and the release duly recorded in the Johnson County Recorder's Office as required by Iowa City Code of Ordinances. Section 4. Occupancy Permit. Prior to the issuance of an occupancy permit for any building constructed on the real estate, the City in its discretion may require the Developer, its assigns or successors in interest, to construct and install the Improvements as stated in Section 1 and sidewalks as stated in Section 3. 2 V Section 5. Waiver. If the Developer, its assigns or successors in interest, sells or conveys any portion of the real estate without first constructing or installing the required Improvements or sidewalk, the City shall have the right to install and construct said Improvements or sidewalk. Developer acknowledges and agrees that the real estate is specifically benefited by the Improvements, so the cost of installing and constructing Improvements shall be a lien and charge against said real estate under Chapter 384 of the 2009 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 sidewalk shall be a lien against the real estate. It is further agreed that this requirement to construct said hmprovements and sidewalks is and shall remain a lien from date of execution and recording of this Agreement until properly released, as hereinafter provided. Section 6. 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 Developer, for recording in the Office of the Johnson County Recorder, a good and sufficient release for the real estate so that this Agreement will not constitute a cloud upon the title of the real estate. The Iowa City Mayor and City Clerk are hereby authorized to execute said release, and all other necessary and appropriate releases, with the concurrence of the City Attorney and City Engineer. A separate sidewalk lien release will be issued where appropriate as set forth in Section 3. Section 7. Water Main Extension Fee. The Developer agrees that no occupancy permit shall be issued for any building in the Westgate Villas development until the Developer has paid to the City a water main extension fee of $921.68 (2.33 acres at $395.00 per acre). 3 Section 8. Miscellaneous. All electrical, telephone and cable television service and distribution lines shall be installed underground. The real estate shall not have direct vehicular access onto West Benton Street. Section 9. Binding g ffect. 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 real estate. Dated this W/) day of (Approved By lGtc1 �d eji.uv�yzl t"re,1 City Attorney's office , I / By: 0 rw qLr — Tom Kant, Member CITY OF IOWA CITY, IOWA By: Matthew J.Hayek , mayor ATTEST: Mariafi�. Karr, City Clerk STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this �lJ day of r/) U- --i 2009, by Steve Kohli, as a member of Westgate Villas, L.L.C. Notary Public in and for said State STATE OF IOWA ) LEANNE M. SCHWARTING *0W Commission Number 224873 ss: My Comm i Ion Expires L ` — / JOHNSON COUNTY ) This instrument was acknowledged before me on this 42 day of A6 2009, by Tom Kant, as a member of Westgate Villas, L.L.C. .�t°'k LEANNE M. SCHWARTING i � Commission Number 224873 My Com 'ssion Expin:s row 0� STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Notary Public in and for said State U On this /Z-4k. day of - A /Oua2y , 20(10, 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 ResolutionNo. to-1(9 passed by the City Council on �Ym- "ate /Zo 20 /o and the said Mayor and City Clerk did acknowledge the execution of the instrument to N7 be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. WSO�'E FORT Commission Number 159s My3ommission Expaes Notary Public in and for said State Prepared by: Douglas D. Ruppert, 122 South Linn Street, Iowa City, IA 52240, (319) 338 -9222 Return to: Douglas D. Ruppert, 122 South Linn Street, Iowa City, IA 52240 UNDERGROUND UTILITY EASEMENT IT IS AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, Westgate Villas, L.L.C. (the "Owner "), hereby grants and conveys to MidAmerican Energy, Qwest Communications International, Inc. and Mediacom (the "Grantees "), and their successors, a perpetual easement upon, over, under, along and across the areas designated on the Utility Easement Plat attached hereto as "Utility Easements" ( "easement area "). The Owner further grants the following rights in connection with the above: 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 Westgate Villas development 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. The Owner, its successors in interest and assigns, reserves the right to use said easement areas for purposes which will not interfere with the Grantees' full enjoyment of rights hereby granted; provided that the Owner shall not erect or construct any structure, reservoir, retaining wall or other obstruction on said areas. No permanent dwellings or trees shall be placed on the areas so designated for utility easement but, with advance written authorization from the Grantees' representatives, the same may be used for gardens, shrubs, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. In the exercise of the rights granted in this easement, Grantees shall also have the right to remove said gardens, shrubs and minor landscaping without obligation to repair, replace or reimburse/ compensate Grantor or its successor in interest therefor. Signed this % day of Ak ( _ 2009. Ild OLC V C 1 \Vl lll, 1V1C11 WC1 By: Tom Kant, Member STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this %f /7 day of c02Ce -, A-,- , 2009, by Steve Kohli, as a member of Westgate Villas, L.L.C. Notary Public in and for said State 2 'o ve I ANNEM SCHWARTING �z Ccmmission Number 224873 My Comm! ion Expires o� STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this 42, day of 2009, by Tom Kant, as a member of Westgate Villas, L.L.C. lL J JC12 4 ✓�Z Notary Public in and for said State LEANNE M.SCHWARTING Commission Number 224873 73 My Commi n Expires g— 1 / 3 ON Z.wa m� 0 Sd s °zoi `n�`� v�iav sp% W w 0 ¢ a z W moLLJ �W QOoU I � o U =z joc W zwzLL��' sFW ° €gym m o O�0"W 3� svwij io�20�62 ¢ O 20063 \�4viam�pQ� � Z �n U Y 131��i -6F3W ¢ - � I z 494 • o � i ', n I � 7n Z_ z� 6 i, S i 0 y. al laa'dW U JI V DISJA �Y\ I adm `s o - w 0 N Va �q Q 6 Qv� Foo `< V�mm�v �cF� C... g 3 N.cc �9N pNc ic0° O�VIZY(1 5yo➢ c - boo tl 5 rr €' Nv Mvry��"9 $oao a noV N�p OO�M U Toa3 °p°� €nmNO U_`y° o3 �QH v L4 wQ _ sm9 rn`m oM €o NW WQZ °off muz3 �t Ty u3rQ�°os _ p9 o a Wz�dn�?v`Oi�c°zzc o �d �zNOOa��rrcm,�z£ I � o U =z joc W zwzLL��' sFW ° €gym m o O�0"W 3� svwij io�20�62 ¢ O 20063 \�4viam�pQ� � Z �n U Y 131��i -6F3W ¢ - � I z 494 • o � i ', n I � 7n Z_ z� 6 i, S i 0 y. al laa'dW U JI V DISJA �Y\ I adm `s o - w 0 N Va �q Q 6 Qv� `< g —1 F 3 5yo➢ c - boo tl 5 rr €' $oao a �; <mn gig ^uunn� ........- .LL'E82 3.9f.90.00N-........... i F W z, J i c I i `< / F 3 i F W z, J i c I i Prepared by: Douglas D. Ruppert, 122 South Linn Street, Iowa City, IA 52240, (319) 338 -9222 Return to: Douglas D. Ruppert, 122 South Linn Street, Iowa City, IA 52240 SANITARY SEWER EASEMENT IT IS AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, Westgate Villas, L.L.C. (the "Owner'), hereby grants and conveys to the City of Iowa City (the "City "), an easement for the purpose of excavating for and the installation, replacement, maintenance and use of such separate sanitary sewer, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage and all necessary appliances and fittings for use in connection with said lines, together with adequate protection thereof and also a right -of -way with right of ingress and egress thereto, over and across the areas designated on the Easement Plat attached hereto as "Sanitary Sewer Easement' ( "easement area "). The Owner further grants to the City the following rights in connection with the above: 1. The right of grading said easement area 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 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 all trees and brush on said easement area, and 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 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 the Owner against any loss and damage which shall be caused by negligent exercise of any said ingress or egress, construction, maintenance or use by the City or its agents or employees in the course of their employment. The Owner reserves a right to use said easement area for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Owner shall not erect or construct any building, retaining wall, fence or other structures, excluding concrete paving; plant any trees, drill or operate any well; or construct any reservoirs or other obstructions on said easement area; or diminish or substantially add to the ground cover upon said easement area. Fences, trees and any other landscaping features other than ground cover placed in the easement area with or without City approval may be removed by the City without compensation or replacement. The Owner hereby covenants with the City that it is lawfully seized and possessed of the real estate above described, and that it has good and lawful right to convey it or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall the Owner be deemed acting as the City's agent during the original construction and installation of said improvements. The Owner agrees that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Owner until completion by the 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. All covenants shall be deemed to apply to and run with the title to the land. 2 Signed this I'M day of STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 14L • 2009. Steve Kohli, Member By: Tom Kaut, Member lowid This instrument was acknowledged before me on this %Trt day of .ace" J)-"—) 2009, by Steve Kohli, as a member of Westgate Villas, L.L.C. Notary Public in and for said State U LEANNE M. SCHWARTING STATE OF IOWA i Commission Number 224873 My Comml ion Expires ss: oW JOHNSON COUNTY ) This instrument was acknowledged before me on this 1j2, day of �2C1ti"f-&L1) 2009, by Tom Kaut, as a member of Westgate Villas, L.L.C. .Y IEANNE M. SC 18NG _ Commission Number 224673 '�M Comm' sign Expires ow 0 �` - i Notary Public in and for said State .3 r l� S z� ouwi W z�oaLL'W^kr °W�_ oo�NNmR� OOU$ww3 mNm Z�£yEz O Za6ii�d9 Y�3w�aj <ooi 'd Z NW W�pQn p� 7==2 W w W ^ 1 »WFp L� 'dm6�rc gn E�oo_woowwa�u � Z IIII I� 1111 lilll: 11 1: 1 � i o aE� W. 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III a gWL -I �av= LF PII � �NEIOR e A s i 0 i gWL -I LF Y i SOOCdCO "FSM) IDIJ1X(R) 306.[0' 3 'a P Go N Vii nl .� o i m f u �Q z IL i 0 i Doc ID: 021737140005 Type: GEN Kind: ORDINANCE Recorded: 01/28/2010 at 02:41:43 PM Fee Amt: $29.00 Pace 1 of 5 Johnson Countv Iowa Kim Painter Countv Recorder BK4552 po981 -985 STATE OF IOWA ) ) SS JOHNSON COUNTY ) a =OCR CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX wwwAgov.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. 10-4377 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 25t1i day of January, 2010, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 27th day of January, 2010. F a jf e Mariam Karr City Clerk \ord 91 Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5243 (REZ09- 00010) ORDINANCE NO. 10 -4377 ORDINANCE AMENDING THE PLANNED DEVELOPMENT OVERLAY MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (OPD -8) ZONE FOR LOT 1, OLDIE TOWNE VILLAGE, LOCATED ON WESTBURY DRIVE, SOUTH OF MIDDLEBURY ROAD, IN IOWA CITY, IOWA (REZ09- 00010) WHEREAS, the applicant, Allen Homes, Inc, has requested amending the Planned Development Overlay Medium Density Single Family Residential (OPD -8) zone for Lot 1, Olde Towne Village, located at Westbury Drive, south of Middlebury Road to allow for the addition of five townhouse style units, improved open space, and a picnic shelter with grill area; and WHEREAS, the Comprehensive Plan indicates that this neighborhood, at the corner of Scott and Rochester, be developed as a commercial node with townhouses and small -scale apartment building nearby; WHEREAS, Lot 1 currently contains 15 townhouse style units; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The OPD plan for the property described below is hereby amended to include five additional townhouse style dwelling units and improvements to the open space as illustrated on the attached site plan and building elevations, which by this reference are incorporated herein: Lot 1, Olde Towne Village in accordance with the Plat thereof recorded in Book 49, at Page 321, of the Johnson County Recorder's Office, containing 2.43 acres and subject to easements and restrictions of record. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 25th day of January, 2010. MAYOR, l ATTEST; C CLERK App Loved by, ity Attorney's Office l�1`3 ,y Ordinance No. 10 -4377 Page 2 It was moved by Bailey 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 12/14/2009 Vote for passage: AYES: Correia, Hayek, O'Donnell, NAYS: None. ABSENT: None. Second Consideration 1/12/2010 Vote for passage: AYES: Champion, Dickens, Hayek, ABSENT: Bailey. Date published 213/2010 Wilburn, Wright, Bailey, Champion,', Mims, Wilburn, Wright. NAYS: None. Is 1 1 .1 IN � e .r•. 4 i �I �I a - -� raxaa 3 _Lo lu Hzit i = f o^ OP _o� K� 9C7d ��ja eY� }}[ p pHf'y PHA iRFOt yl �f �! p H x 5 � �• � AiiA j�Y l5 R i z�Agaai �311d6Ap)�' 33Fi+Ji fs �FiF3F FiFF dG tS �$F c _. ei7id:7 �.A 1 1 .1 IN � e .r•. i VIM 4 i �I �I a - j _Lo lu = f o^ OP _o� K� 9C7d ��ja eY� }}[ p pHf'y PHA iRFOt yl �f �! p H x 5 � �• � AiiA j�Y l5 i VIM 4 i �I �I a _Lo lu -<Or Na rrrpO 0 M* z m 0 a sI - D�¶ �O' ZmO No mW 000 H � n $ I fe44e<f% l:j @¢fie• !I I........ ... i! �^ 9§ g @AgH n I �A({ 5'v 5S4Ei3g �H'?% �3E7)aCddCgp i$igAls3 ;Ff°9da §w4 °i S5�°663 �1 i BBB` a.i �Y m �3 Doc ID: 021737200013 Type. OEN Kind: ORDINANCE Recorded: 01/28/2010 at 02:51:32 PM Fee Amt: $69.00 Pape 1 of 13 Johnson Countv Iowa Kim Painter Countv Recorder BK4553 PD36 -48 STATE OF IOWA ) )SS JOHNSON COUNTY ) 1 r I rill .� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -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 No10 -4378 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 25t" day of January, 2010, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 27 "' day of January, 2010. .n Jim - i�t/ Madan Karr r City Clerk f= ` \ord 3 b Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 r'j� ORDINANCE NO. 10 -4378 AN ORDINANCE APPROVING A CONDITIONAL ZONING AGREEMENT FOR AUDITOR'S PARCEL 2008103, APPROXIMATELY 25.16 ACRES OF PROPERTY IN THE COMMUNITY COMMERCIAL (CC -2) ZONE FOR WESTPORT PLAZA, INCLUDING WAL -MART AT 855, 911 & 1001 HIGHWAY 1 WEST. (REZ09- 00008) WHEREAS, on June 13, 1989, the City adopted an ordinance rezoning from Industrial, 1 -1, to Commercial, CC -2, approximately 28.084 acres of land located South of Highway 1 West and entered into a Conditional Zoning Agreement (the "1989 CZA ") which established certain conditions and restrictions on the owner of said 28.084 acres; and WHEREAS, on September 23, 2008, the City approved a conditional zoning agreement ( the "2008 CZA") that replaced and superseded the 1989 CZA and obligated the Developer to substantially comply with a concept site plan and landscaping plan that showed one building and a large parking lot; and WHEREAS, Wal -Mart has submitted a Concept Site Plan to the City that materially varies from the terms set forth in the 2008 CZA, and has thus requested the 2008 CZA be replaced with and superseded by the attached Conditional Zoning Agreement; and WHEREAS, the Planning and Zoning Commission has recommended approval of the attached agreement, which includes conditions related to ensuring that the property develops in a manner consistent with the Comprehensive Plan, paying particular attention to the aesthetics and landscaping of this site which serves as a major entranceway to the city; 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 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. WHEREAS, the Iowa City, City Council concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The attached Conditional Zoning Agreement is hereby approved for the property described below: Auditor's Parcel 2008103, Johnson County, Iowa, in accordance with the Plat thereof recorded in Book 53, at Page 269, in the records of the Johnson County Recorders Office, containing 25.16 acres and subject to the easements and restrictions of record. SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance and the attached Conditional Zoning Agreement and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owners 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 25th day of January , 20 10 42!�io �h'1 MAYOR /o Q // ATTEST: � t�� Approved by : itCL(a CITY CLERK K City Attorney's Office 1 _j _. 3 Ordinance No. 10 -4378 Page 2 It was moved by Wright and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey _Y_ Champion x Dickens x Hayek x Mims x Wilburn x Wright First Consideration 1/12/2010 Voteforpassage: AYES. Dickens, Hayek, Mims, Wilburn, Wright, Champion. NAYS: None. ABSENT: Bailey. Second Consideration --------------- - - - -- Vote for passage: Date published 2/3/2010 Moved by Wright, 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. NAYS None. ABSENT: Dickens. J Prepared by and Retum to: Sam F. Greenwood Hektmi Asst. City Attorney, 410E Washington St Iowa City, IA 52240, (3191331 -5030 CONDITIONAL ZONING AGREEMENT THIS CONDITIONAL ZONING AGREEMENT (this "Agreement ") is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter "City ") and Wal -Mart Realty Company, an Arkansas corporation, Wal -Mart Real Estate Business Trust, a Delaware business trust and Wal- Mart Stores, Inc., a Delaware corporation (hereinafter, collectively "Wal- Mart" or "Owners "). WHEREAS, on June 13, 1989, the City adopted an ordinance rezoning from Industrial, I -1, to Commercial, CC -2, approximately 28.084 acres of land located South of Highway 1 West and entered into a Conditional Zoning Agreement (the "1989 CZA ") which established certain conditions and restrictions on the owner of said 28.084 acres; and WHEREAS, the 1989 CZA was amended on September 24, 1996 (the "1989 CZA, as amended "); and WHEREAS, on September 23, 2008, the City approved a conditional zoning agreement that replaced and superseded the 1989 CZA and obligated the Developer to substantially comply with a concept site plats and landscaping plan that showed one building and a large parking lot; and WHEREAS, the 1989 CZA, as amended, and the 2008 CZA are covenants running with the land and inure to the benefit of all successors and assigns of the property burdened thereby; and WHEREAS, Wal -Mart owns and desires to redevelop approximately 25.16 acres of said land ( "the Property "), which is considered a major entrance to Iowa City; and WHEREAS, the City has a policy to preserve and enhance the entranceways to Iowa City; and WHEREAS, Wal -Mart has submitted a Concept Site Plan to the City that materially varies from the terms set forth in the 2008 CZA, and has thus requested the 2008 CZA be replaced with and superseded by this Agreement; and WHEREAS, the Planning and Zoning Commission has recommended approval of such request subject to conditions related to ensuring that the Property is developed in a manner consistent with the City's Comprehensive Plan as it exists as of the date of this Agreement and compatible with the adjacent neighborhood, paying particular attention to the aesthetics and landscaping of this site which serves as a major entranceway to the City; WHEREAS, Iowa Code Section 414.5 (2009) provides that the City may impose reasonable conditions when land is rezoned over and above existing regulations in order to satisfy the public needs directly caused by the requested change; and WHEREAS, Owners acknowledge that certain conditions and restrictions are reasonable to ensure that the Property is developed in a manner consistent with the Comprehensive Plan and is compatible with the adjacent neighborhood; WHEREAS, Owners agree to use the Property in accordance with the terms and conditions of this Agreement; THEREFORE, it is agreed as follows: 1. This Agreement hereby replaces and supersedes the 2008 CZA with respect to the land legally described in Paragraph 2 herein. 2. Owners are the title holder of the land legally described as follows: Auditor's Parcel 2008103, Johnson County, Iowa, in accordance with the Plat thereof recorded in Book 53, at Page 269, in the records of the Johnson County Recorder's Office, containing 25.16 acres and subject to the easements and restrictions of record. 3. The parties acknowledge that the City has a policy, as stated in the Comprehensive Plan, to preserve and enhance the entranceways to Iowa City and to take special care with regard to the site design of commercial establishments, including landscaping to soften the impact of the structures and lessen the effect of large parking lots. Owners agree and acknowledge this policy is reasonable, proper and appropriate under the circumstances. 4. The patties agree that Highway I West is a major entranceway to Iowa City from the southwest. Wal-Mart acknowledges the City's policy concerning entranceways governs this rezoning request, therefore Wal -Mart agrees to provide certain amenities over and above City regulations in order to lessen the impact on the surrounding area and enhance the development of the entranceway to the City, said amenities are more particularly described below. 5. The development will substantially conform to the November 23, 2009 Concept Site Plan (the "Concept Site Plan "), the November 18, 2009 building elevations and the October 28, 2009 Landscaping Plan, attached and by this reference incorporated herein (collectively, the "Plans "), particularly with regard to the building location and orientation, the square footage of greenspace, the storefront landscaping, fagade design, location of the bus stop, location of the public access easement and the configuration of parking spaces. In addition to the site development standards set forth in the Iowa City Code of Ordinances, Wal -Mart agrees and acknowledges that: a. The two internal landscaped median aisles running the length of the parking lot, but not containing a sidewalk, shall have a minimum width of nine (9) feet; b. This Agreement in no way modifies or affects the Bus Stop License Agreement entered into between Wal-Mart and City on November 25, 2008; c. The development of Lots 2 and 3 shall comply with the local zoning standards for large retail uses, as set forth in Iowa City Code of Ordinances Section 14 -2C -6K entitled "Commercial Site Development Standards." Prior to development, the developer shall obtain Staff approval of the site plan for each lot, which will not be unreasonably withheld. i�) d. Three free - standing signs shall be permitted to be located as shown on the Concept Site Plan; e. The Property may be re- developed in two phases. Phase I shall include the demolition of the existing Cub Foods and Staples buildings, construction of the new Wal -Mart store, and installation of all improvements on land not currently occupied by the existing Wal -Mart Store. Phase II shall consist of demolition of the existing Wal -Mart and installation of all necessary erosion control measures as may be required by applicable law, including the installation and maintenance of grass on Lots 2 and 3 until said lots are developed; f. Upon completion of Phase I in conformance with all applicable City requirements, the City shall issue a temporary certificate of occupancy valid for 120 days. If Phase II has not been completed upon the expiration of the temporary certificate of occupancy, said certificate may be extended if the Applicant has shown good faith efforts to begin Phase II; g. Upon completion of Phase II in conformance with all applicable City requirements, the City shall issue a certificate of occupancy; h. Wal -Mart delivery traffic shall be directed to enter and exit the site from Ruppert Road, 6. Not withstanding Paragraph five (5) above, the Plans attached may be modified within the general parameters of the Plans, such as structural dimensions and tree species. Any modifications departing from the Plans must and shall be subject to staff review and approval. Nothing in this Agreement shall be construed to require Owners to conform to the Plans in every detail, as the Plans are intended as conceptual in nature. Neither party may intentionally digress from the Plans for any arbitrary reason. 7. Owners and the 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 directly caused by the requested rezoning. 8. Owners and the City acknowledge that in the event the Property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Agreement. 9. The parties acknowledge that this Agreement shall be deemed effective upon recording, which shall occur upon adoption and publication of the Ordinance and the parties further acknowledge that this 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. In the event Wal -Mart does not pick up and pay for the building permit for the construction of the Wal -Mart supercenter structure contemplated on the Concept Site Plan within two (2) years from the date of Council approval of the Ordinance, this Agreement and corresponding Ordinance shall automatically be released and repealed two years from the date of Council approval of the Ordinance. In the event of such release and repeal, the Property shall continue to be subject to and burdened by the 1989 CZA, as amended. The parties further acknowledge that this agreement shall inure to the benefit of and bind �J all successors, representatives, and assigns of the parties. 10. Owners acknowledge that nothing in this Agreement shall be construed to relieve them from complying with all other applicable local, state, and federal regulations. 11. The parties agree that this Agreement shall be incorporated by reference into the ordinance approving this Agreement and rezoning the Property (the "Ordinance "), and that upon adoption and publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office at Wal- Mart's expense. 12. The Parties acknowledge and agree that until such time as Wal -Mart picks up and pays for the building permit for the construction of the Wal -Mart Supercenter structure contemplated on the Concept Site Plan, the Property and the buildings presently existing thereon shall be required to comply with the 1989 CZA, as amended, and not this Agreement. 13. If Wal -Mart or any Owner is delayed or hindered of any obligation required under this Agreement lock outs, riots, insurrection, war, military or usut weather, fire or other casualty, or other reason c control of such delayed party, the time for per extended for the period of the delay. 2010 Dated this 25th day of January 1-2669.. WAL -MART REALTY COMPANY, an Arka s corpor tion I By Nat J. Chris Callaway Title Regional Vice Presi WAL -MART REAL ESTATE BUSINESS in or prevented from the performance ry reason of failure of power, strikes, >ed power, sabotage, unusually severe a like nature beyond the reasonable ormance of such obligation may be CITY OF IOWA CITY, IOWA By _ Matthew J. Hay k,,,.May By Marian . Karr, City Clerk Approved by: City Attorney's Office A� 1�2 WAL -MART STORES, INC., a Delaware LIZ J. Chris Title Regional Vice President WAL -MART ACKNOWLI✓DGEMENTS State of Arkansas, County of Benton ss: This instrument was acknowledged before me on the day of n PCPm b - , 2009 by'S d h.cr� n)&)u tnas nncL.Q_ I i D of Wal -Mart Realty Company, of an Arkansas corporation, on behalf fje corporation. USA M. GARCIA NOTARY PUBLIC -STATE OF ARKANSAS ary Public in and for the State of Arkansas WASHINGTON COUNTY My Commission Expires May Ot, 2017 Commission # 12360574 My commission expires: �- Mcw„-U 1 130 1 7 State of Arkansas, County of Benton ss: This instrument was acknowledged before me on the _A�A_ day of —C Ie o m!&W , 2009b + s %eckIar xe L 0'P of Wal -Mart Real Estate Business Trust, a Delaware sta utory trust, on behalf of the trust. LISA M. GARCIA NOTARY PUBLIC-STATE OF ARKANSAS N WASHINGTON COUNTY tary Public in and for the State of Arkansas My Commission Expires May 01, 2017 Commission # 12360574 �Yd 6l r ra0 1 7 My commission expires:1�1 State of Arkansas, County of Benton ss: This instrument was acknowledged before me on the _c9L day of PYyI h o f , 2009 by7SC1,�x 6, 0,r`Qiaj4 (1s ao yracd VP of Wal -Mart Stores, Inc., a Delaware corporation, on beh f of the corporation. /J Nerfary Public in and for the State of Arkansas LISA M. GARCIA NOTARY PUBLIC -STATE OF ARKANSAS 0 y a p 1 WASHINGTON COUNTY My commission expires: `%n i My Commission Expires May 01, 2017 Commission # 12360574 lb CITY OF IOWA CITY ACKNOWLEDGEMENT: State of Iowa, County of Johnson, ss: On this a.5 a� day of ''AmyLP.ot 2010, before me. the undersigned, a notary public for the state of Iowa, personally J. xayekand Marian K. Karr, to me personally known, who, being by me duly swom, 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. 4.0 SONDRAE FORT �`�� ommission Number 158781 Notary Public in and for the State of Iowa my Commission Expires `� a My commission expires: 31V40/ -1, hJ 6 4 Alm Mir pi P _r s e � e = m r m a 6 Q Z Icy b R 6 c sz J i In Pee � n ��5'Il .' I /, Ed 1!! E a I a a Fj�5a4a � a' • , i �dh P.� /; ` Q y5- ` 9l vA �� � t� ida�I "= I o Ppa FIB�'� ' / -- Ed JV.. 'o .\ \ . "OT RR A N l0 y F d E �sa ZM tl $ ggg _ UPPERT ROAD ____ _________" 1 vt N O o W 1!! E a I a a A a! 3 y5- ` 9l i JV.. 'o .\ \ . 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N � all L -Fee IIIIIIIIIUIIIIIIIIIIIIIVIIIIIII) VIIIVIII (II)VIIIIIIIVIIIIIIIIII)III Doe ID: 021742190005 Type: GEN Kind: ORDINANCE Recorded: 02/05/2010 at 11:17:19 AM Fee Amt: 829.00 Pace 1 of 5 Johnson Countv Iowa Kim Painter Countv Recorder BK4555 PG139 -143 STATE OF IOWA ) ) SS JOHNSON COUNTY ) a, rlli "�► CITY OF IOWA ■■CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (3 19) 356 -5000 (319) 356 -5009 FAX wwWAcgov.org I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No. 10 -4377 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 25th day of January, 2010, all as the same appears of record in my office. Said ordinance was previously recorded on January 28, 2010, Book 4552, Pages 981 -985. The effective date has changed due to an error in the original publication. Dated at Iowa City, Iowa, this 4th day of January, 2010. Marian Karr City Clerk \ord CORPORATE EEAL * * * ** REVISED PUBLICATION DATE * * ** �I Prepared by: Christina Knocker, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5243 (REZ09- 00010) ORDINANCE NO. 10 -4377 ORDINANCE AMENDING THE PLANNED DEVELOPMENT OVERLAY MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (OPD -8) ZONE FOR LOT 1, OLDE TOWNE VILLAGE, LOCATED ON WESTBURY DRIVE, SOUTH OF MIDDLEBURY ROAD, IN IOWA CITY, IOWA (REZ09- 00010) WHEREAS, the applicant, Allen Homes, Inc, has requested amending the Planned Development Overlay Medium Density Single Family Residential (OPD -8) zone for Lot 1, Olde Towne Village, located at Westbury Drive, south of Middlebury Road to allow for the addition of five townhouse style units, improved open space, and a picnic shelter with grill area; and WHEREAS, the Comprehensive Plan indicates that this neighborhood, at the corner of Scott and Rochester, be developed as a commercial node with townhouses and small -scale apartment building nearby; WHEREAS, Lot 1 currently contains 15 townhouse style units; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The OPD plan for the property described below is hereby amended to include five additional townhouse style dwelling units and improvements to the open space as illustrated on the attached site plan and building elevations, which by this reference are incorporated herein: Lot 1, Olde Towne Village in accordance with the Plat thereof recorded in Book 49, at Page 321, of the Johnson County Recorder's Office, containing 2.43 acres and subject to easements and restrictions of record. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 25th day of January, 2010. MAYOR ATTEST: �CWY CLERK App oved by ty Attorney's Office Ordinance No. 10 -4377 Page _2 It was moved by Bailey 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 12/14/2009 Vote for passage: AYES: Correia, Hayek, O'Donnell, Wilburn, Wright, Bailey, Champioi NAYS: None. ABSENT: None. Second Consideration 1/12/2010 Vote for passage: AYES: Champion, Dickens, Hayek, Mims, Wilburn, Wright. NAYS: None ABSENT: Bailey. Date published __ 2/8/ 2010 11 1 i LOT 1, OLDE TOWNE ��Eel 0 >� ry7 yip¢1j 000<or r�D li II 4dl 'iimlliin! z rrr0 ij Dm� 09 >0p r� �z A. m `�_a, •`'" men I I LOT 1, OLDE TOWNE ��Eel 0 >� ry7 yip¢1j 000<or r�D li II 4dl ii z rrr0 ij Dm� 09 - °i° Eb ppe �d zs 5 tc e5 d E j6C F ddd�� 9 ¢ 8 3 E t- 0 >� ry7 yip¢1j 000<or r�D �3 ii z rrr0 ij Dm� 09 >0p r� �z A. m `�_a, •`'" men ppe �d zs 5 tc e5 d E j6C F ddd�� 9 ¢ 8 3 E t- filer z Gl tri �- {�� A 0 >� ry7 zC z z 09 r� filer z Gl tri �- {�� A Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240: 3191356 -5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, JANUARY 13, 2010 EMMA J. HARVAT HALL MEMBERS PRESENT: Caroline Sheerin, William Jennings, MEMBERS ABSENT: Barbara Eckstein. STAFF PRESENT: Sarah Walz, Sara Greenwood Hektoen Vice Doc ID: 021760200004 Type: GEN Kind: DECISION Recorded: 03/05/2010 at 12:36:03 PM Fee Amt: $24.00 Pace 1 of 4 Johnson County Iowa Kim Painter County Recorder BK4562 PG765 -768 0 o Robert Anderson, Lta=Rfin 4ion s> OTHERS PRESENT: Judy O'Donnell, Pete McNally, Doug Paul, Don Hilsman, Jason H1%man SPECIAL EXCEPTION ITEMS: EXC09- 00008: Discussion of an application submitted by Judy O'Donnell for a special exception to allow a specialized education facility to operate at 415 Highland Avenue, in an Intensive Commercial (CI -1) zone. Findings of Fact: The Board finds that the neighborhood in which the proposed fencing school would be located is zoned CI -1 and includes a mix of uses, which are low in intensity and take place primarily indoors. The Board finds that the specific use, a fencing school, requires a large amount of interior space to serve relatively few clients; the applicant anticipates no more than 30 people will be on the site at one time. The Board finds that activities associated with the school will take place indoors and occur primarily during the evening and on weekends. The Board finds that the fencing school will have two classrooms, that minimum off - street parking requirements can be provided within the existing parking area, and that additional on- street parking is available in the neighborhood. The Board finds that the parking area was recently updated to comply with zoning code requirements, and that the site has vehicle access from South Gilbert Street and Highway 6 via Highland Avenue. The Board finds that a new building permit is required in order to establish the change in use for the property. Conclusions of Law: The Board concludes that the fencing school will be compatible with adjacent uses for the following reasons: • The proposed use takes place indoors and operates outside of normal working hours (primarily evenings and weekends); • The surrounding neighborhood consists of a mix of relatively low intensity uses, which are also conducted primarily indoors and do not generate excessive, noise, dust, or vibrations that may pose a health or safety risk to clients or students; • The site provides more than the required parking for the use, and on- street parking is also available; and • The site has good access from South Gilbert Street and Highway 6 along Maiden Lane. For these same reasons, the Board finds that the proposed use will not be detrimental or endanger the public health, safety, comfort, or general welfare; will not be injurious to the use or enjoyment of the property in the immediate vicinity or substantially diminish or impair property values in the neighborhood; and will not impede the normal and orderly development and improvement of the surrounding area for uses allowed in the zone. Based on the available access from South Gilbert and Highway 6 and recent updates to the parking area and entrance drives, the Board concludes that adequate ingress and egress are provided for the use. The Board concludes that all other aspects of the use will be reviewed for compliance with the zoning requirements by the Building Department as a building permit is required in order to establish the use. For all the reasons noted above, and because the Central District Plan designates this area as appropriate of Intensive Commercial uses, the Board concludes that the application is consistent with the Comprehensive Plan. Disposition: By a vote of 4 -0 the Board approves EXC09- 00008, an application submitted by Judy O'Donnell for a special exception to allow a specialized educational facility to operate in the Intensive Commercial (CI -1) zone at 415 Highland Avenue subject to an application for a building permit to establish the change in use and that the special exception be limited to a fencing school. EXC09- 00007: Discussion of an application submitted by Iowa Wireless Services, LLC for a special exception to construct a communications transmission facility in an Interim Development - Single Family Residential (ID -RS) zone at 3106 Rochester Avenue. Findings of Fact: The Board finds that the applicant has provided a summary of the efforts made to locate a tower to serve the area and that there is not an existing tower for co- locati&d within a half mile of the proposed site. The Board finds that the applicant explored fivejffther locations (the commercial area at intersection of Scott Boulevard and Rochester Avenue cAmercia area at the intersection of First Avenue and Rochester Avenue, Lemme Elem to y Ihool. L nursing home at 3661 Rochester Avenue, and The First Presbyterian Church 01c�och le Avenue) to place a new tower or to mount antennas to existing structures, but4h nor@ of M these sites provided adequate space or sufficient height to provide the desire"ouera- forA area. The Board finds that the applicant's coverage maps show that the area t@;— served by° the proposed 80 -foot tower has inadequate coverage for I- Wireless at this timed The Board finds that the applicant has proposed a monopole tower with flush mounted antennas. The Board finds that the proposed site is located within an established grove of trees, is set back approximately 110 feet from the property line along Rochester Avenue, and all associated equipment will be stored in a shed. The Board finds that the proposed tower will not rely on a back -up generator as its main power source and will not have lighting, trusses, or guy wires of any kind. The Board finds that Staff has recommended burying power lines that serve the facility in order to make the tower site less conspicuous. The Board finds that the applicant has indicated that the ]-Wireless antennas will require approximately 20 feet of space on the tower. The Board finds that the applicant must submit construction information as part of the building permit process to show that the tower design is structurally sound, and that a site plan will be reviewed by the Building Inspector to ensure compliance with all other aspects of the zoning code. The Board finds that the applicant is providing an improved driveway for the site and that all utilities, access roads, and drainage are already present to serve this property. The Board finds that the applicant has not provided the required certification from an engineer to verify that the monopole structure can accommodate and additional set of antennas but rather has requested to provide the certification at the time a building permit application is submitted. The Board finds that the applicant has provided documentation showing that if the communications use is discontinued, the tower and all equipment would be removed within 90 days. 6 Conclusions of Law: Based on the evidence submitted by the applicant as described above, the Board concludes that there are no existing towers within a half mile of the proposed site that provide opportunity for co- locations nor are there adequate sites within the area for a new tower or structures on which antennas can be mounted in order to serve the intended coverage area. The Board concludes that the proposed tower will have minimal visual impact for the following reasons: • The proposed tower is a monopole with flush mounted antennas; • The monopole structure will have no lighting, guy wires, or trusses of any kind; • The proposed tower is located within a grove of mature trees; and • Power lines to serve the site will be buried underground. Based on coverage maps provided by the applicant, the Board concludes that the proposed 80- foot tower is the minimum height needed to provide the desired coverage. Based on these same coverage maps and statements made by the applicant regarding the amount of space required for I- Wireless antennas, the Board concludes that a 100 -foot tower would be appropriate at this site in order to allow opportunity for viable co- location by another wireless service. Because the proposed tower is set back more than 100 feet from the public right -of -way, and because the applicant must submit information to the Building Department to show that the tower design is structurally sound, the Board finds that the proposed exception will not be detrimental to the public health, safety, comfort, or general welfare. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in tie neighborhood for the following reasons: ° • the proposed tower is a monopole design with flush mounted antennas2QO doss not�vf lighting, trusses, or guy wires;• =i _33 • the proposed tower would be located in a grove of mature trees to screeipie4of t1- equipment area; rij Z7 • all equipment associated with the tower will be stored in a shed; _Q r • the facility will not rely on a back -up generator as its main power sources and CD • the tower will improve cell coverage for the surrounding area. For all the reasons listed above, the Board concludes that the proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which the property is located. Because the proposed site plan shows an improved driveway for the property, and because the use will not generate additional traffic to the site, the Board concludes that adequate utilities, drainage, ingress and egress are being provided. Because the tower is designed to be inconspicuous, the Board concludes that the application is consistent with the Comprehensive Plan, including the Northeast District Plan's goal to maintain the scenic vistas in this area by controlling signage and lighting in the area. Disposition: By a vote of 4 -0 the Board approves the application for a Communications Transmission Facility in the Interim Development Single - Family (ID -RS) zone at 3106 Rochester Avenue subject to the following conditions: • The monopole tower be constructed to a height of 100 feet to allow potential co- location; • No lighting of any kind is permitted on the cell tower; 6 C Electrical distribution lines serving the facility must be buried underground; Y At the time of site plan review, the applicant shall provide a certification by a professional engineer licensed in the state of Iowa indicating that the tower is designed to accommodate an second antenna system of comparable size to be added above or immediately below the original antenna system; • Substantial compliance with the site plan and elevations submitted as part of this application. 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, 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 January, 2010, as the same appears of record in my Office. Dated at Iowa City, this day of s rVrti��i� , 20 10 Maria -K. Karr, City Clerk 6 Approved by: rn City Attorney's Office °rj s 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 January, 2010, as the same appears of record in my Office. Dated at Iowa City, this day of s rVrti��i� , 20 10 Maria -K. Karr, City Clerk 6 Doc ID: 021761870004 Type: GEN Kind: ORDINANCE Recorded: 03/000 8/P 52:54 PM Fee Amt: $24 0gB i of 4 Johnson Countv Iowa Kim Painter Countv Recorder 13K4563 PG489 -492 n ,, STATE OF IOWA ) ) SS JOHNSON COUNTY ) r � 4011 v �k y�wP ®1 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 3S6 -5009 FAX wwwAgov.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. 10-4383 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2 "d day of March, 2010, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 4"' day of March, 2010. yl OAS +7 25al i� & ` le --4iti Marian . Karr arr City Clerk \ord IA Y / Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5251 ORDINANCE NO. 10 -4383 AN ORDINANCE REZONING APPROXIMATELY 132 ACRES OF LAND FROM COUNTY AGRICULTURAL (C -AG) ZONE TO INTERIM DEVELOPMENT - RESEARCH PARK (ID- ORP) ZONE FOR PROPERTY LOCATED NEAR THE INTERSECTION OF HIGHWAY 1 AND INTERSTATE 80 (REZ09- 00006) WHEREAS, Moss Green Development Corporation, hereafter referred to as Applicant, is owner of approximately 60.67 acres of land located northwest of the interchange of Iowa Highway 1 and Interstate 80 and has requested annexation of said land into the City of Iowa City; and WHEREAS, Neal N. Llewellyn and Hills Bank and Trust Company, Trustee of the Otologic Medical Services, PC401(k) Profit Sharing Plan FBO Guy E. McFarland own approximately 71.35 acres of land located northwest of the interchange of Iowa Highway 1 and Interstate 80 and have consented to annexation of said land into the City of Iowa City; and WHEREAS, land annexed into Iowa City must have an appropriate City zoning designation according to the Iowa City Comprehensive Plan; and WHEREAS, the Comprehensive Plan indicates that the subject property is appropriate for future office and research park uses once road access and City services have been extended to the area; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of County Agriculture (AG) to Interim Development- Office Research Park (ID -ORP): LEGAL DESCRIPTION MOSS GREEN DEVELOPMENT CORPORATION: A part of the subdivision of the Northeast One- Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, as recorded in Plat Book 1 at Page 11 in the Records of the Johnson County Recorder, Johnson County, Iowa, more particularly described as follows: Lots Four (4), Five (5) and Ten (10) and the South nine (9) acres of Lot Six (5), and the South 12 -1/2 acres of Lot Eight (8), all of the subdivision of Northeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, containing 60.67 acres, more or less, HILLS BANK & TRUST and NEAL N. LLEWELLYN: The Southwest Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa and that portion of The Southeast Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa lying West of Iowa Highway 1. (North Dodge Street) containing 71.35 acres, more or less. 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 the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. Ordinance No. 10 -4383 Page 2 of 2 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 9„,1 day of march 2010. Approved by ,Gt JX'�4yu^?�- pfGrC�s.� City Attorney's Office ATTEST: 1u661� . CITY CLERK ` PO Ordinance No. 10 -4383 Page 3 It was moved by Wilburn and seconded by Wright that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: —x — x x _Y— x x x Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 2/16/2010 Vote for passage: AYES: Wilburn, Wright, Bailey, Champion, Dickens, Hayek, Mims, NAYS: None. ABSENT: None. Second Consideration --------------- Vote for passage: Date published 3/10/2010 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: Dickens, Hayek, Mims, Wilburn,Wright, Bailey Champion. NAYS: None. ABSENT: None. no Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356 -523 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, FEBRUARY 10, 2010 EMMA J. HARVAT HALL MEMBERS PRESENT: Barbara Eckstein, William Jennings, MEMBERS ABSENT: Caroline Sheerin. STAFF PRESENT: Sara Greenwood Hektoen, Sarah Walz OTHERS PRESENT: Mike Streb SPECIAL EXCEPTION ITEMS: Doc ID: 021766520003 Type: GEN Kind: DECISION Recorded: 03/15/2010 at 01:48:03 PM Fee Amt: $18,00 Pace 1 of 3 Johnson Countv Iowa Kim Painter Countv Recorder BK4565 PG423 -425 N tom° Le Ann Tyson, Robes Anderson C-) �n 1. EXC09- 00010: A public hearing regarding an application submitted by Regina Catholic Education Center for a special exception to allow the expansion of a General Education Facility in the Low Density, Single - Family Residential (RS -5) zone at 2150 Rochester Avenue. Findings of Fact: The Board finds that the applicant is proposing to build a 2 -story, 16 x 22 '/ foot accessory structure to replace an existing smaller structure adjacent to the baseball complex. The Board finds that the existing structure is set approximately 80 -90 feet from the adjacent residential property, and that it was built some years ago, without a building permit or special exception. The Board finds that the existing structure has operated as a press box for some time without issue, and that the new structure will not alter the use of the baseball facility. The Board finds that accessory structures of this sort are commonly associated with high school properties and athletic facilities. The Board finds that the proposed new structure will be set in the same location as the existing structure and will face away from the residential property. The Board finds that adequate utilities, access roads, drainage, and other facilities are already in place to serve the Regina campus. The Board finds that staff has noted traffic issues associated with the Regina property at peak travel hours (the beginning and end of the school day), and that a secondary access point may be required as part of any future addition that would increase the capacity of the school. The Board finds that that the proposed structure does not add to the capacity of the school property and thus will not generate significant additional traffic to the site. The Board finds that the applicant is required to submit an application for a building permit for the structure, and that all aspects of the proposed structure will be reviewed by the Building Department for compliance with the zoning code at that time. The Board finds that the Comprehensive Plan designates this property as an institutional use based on Regina's long -term use of the property. Conclusions of Law: The Board concludes that the proposed use is compatible with surrounding uses and will not have significant adverse effects on the livability of the nearby residential uses due to noise, glare from lights, late -night operations, odors, and litter for the following reasons: 1 • the proposed structure is replacing an existing press box, which has functioned on the property for some time without apparent issue; • the proposed use of the structure as a press box is common to general educational uses and will not alter the sound or lighting for the baseball field; • the proposed structure is modest in size (16 x 22'/: feet, 2 story) and will be set back a minimum of 70 feet from adjacent residential uses and will face away from the adjacent residential neighborhood; and i the proposed structure will not generate significant additional traffic to the site nor alter the use of the site. For the same reasons given above, and because adequate ingress and egress for the proposed use is currently provided, the Board concludes that the proposed use 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. For these same reasons, the Board concludes that the specific proposed exception will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the zone in which such property is located. The Board concludes that because the proposed structure will not alter the use of the existing site and will not significantly increase traffic to the site that the existing ingress and egress from the school site are adequate to minimize congestion on the public streets. The Board concludes that all other aspects of the proposal will be reviewed by the building department for compliance with the code as part of the building permit process. Disposition: By a vote of 4 -0 the Board approves EXC09- 00010, a special exception for the expansion of a general educational facility to construct a two -story 16 x 22'/ foot accessory building in the Low- Density, Single - Family Residential (RS -5) zone at 2150 Rochester Avenue, subject to the following conditions: • Substantial compliance with the plans and elevations submitted with this applicatim; • A minimum 70 -foot setback from adjacent residential properties.c, a -.f TIME LIMITATIONS: �� C:1 All orders of the Board, which do not set a specific time limitation on Applicant action, sh6 expire-six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken arT n 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. GjL�v�l��`� ��Znm Approved by: Barbara Eckstein, Acting Chairperson , / ' / - - City Attorney's Office g W / be> I STATE OF IOWA JOHNSON COUNTY I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 10th day of February, 2010, as the same appears of record in my Office. Dated at Iowa City, this /11�— day of 20 /v Marian—K. Karr, City Clerk I N G •�%' N C� I Doc ID: 021775880008 Type. GEN Kind: ORDINANCE Recorded: 03/29/2010 at 12:39:37 PM Fee Amt: $44.00 Paae 1 of 8 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 Ordinance attached hereto is a true and correct copy of Ordinance No. 10 -4385 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 23`d day of March, 2010, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 25th day of March, 2010. IF 0 �1 Marian arr City Clerk \ord �a . Sa Q-. Prepared by: Jacob Rosenberg, Planning Intern, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5231 (REZ09- 00011) ORDINANCE NO. 10 -4385 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 5.05 ACRES LOCATED AT MORMON TREK BOULEVARD, SOUTH OF EAGLE VIEW DRIVE FROM COMMERCIAL OFFICE (CO -1) TO INTENSIVE COMMERCIAL (CI -1). (REZ09- 00011) WHEREAS, the applicant, Dealer Properties IC, LLC, has requested a rezoning of property located at Mormon Trek Boulevard, south of Eagle View Drive from Commercial Office (CO -1) to Intensive Commercial (CI -1); and WHEREAS, the Comprehensive Plan indicates that the area 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 provided that it meets conditions addressing the need for landscape buffering and lighting restrictions; 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, properly described below is hereby reclassified from its current zoning designation of Commercial Office to Intensive Commercial: LEGAL DESCRIPTION Commencing at the East Quarter Corner of Section 20, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S00'08'54 "W, along the East Line of the Southeast Quarter of said Section 20, a distance of 485.52 feet, to the Point of Beginning; Thence continuing S00'08'54 "W, along said East Line 585.37 feet, to its intersection with the Northeasterly Right -of -way Line of Mormon Trek Boulevard; Thence Northwesterly, 710.98 feet, along said Northeasterly Right -of -way Line and a 1750.00 foot radius curve, concave Northeasterly, whose 706.10 foot chord bears N52'00'04 "W; Thence NO2'44'08 "E, along said Northeasterly Right -of -way Line, 47.76 feet, to a point on the Southerly Right -of -way Line of Eagle View Drive; Thence N50'37'23 "E, along the Southerly Right -of -way Line 38.38 feet; Thence Northeasterly, 312.12 feet, along said Southerly Right -of -way Line on a 467.00 foot radius curve, concave Southeasterly, whose 306.34 foot chord bears N71'03'41 "E; Thence S89'47'31 "E, along said Southerly Right -of -way Line, 181.27 feet; Thence S47'34'07 "E, along said Southerly Right -of -way Line 29.76 feet; Thence S89'51'06E, along said Southerly Right - of -way Line, 33.00 feet, to the Point of Beginning. Said tract of land contains 5.05 acres, more or less, 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. I Ordinance No. _10-4-3B5 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 between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 23rd day of March —,20 10 /,� MAYOR ATTEST: A C ! _ LERK Approved by City Attorneys Office CO PORNM 0S A1- M. Ordinance No. 10 -4385 Page 3 It was moved by Wilburn and seconded by trims 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 3/2/2010 Vote for passage: AYES: Champion, Dickens, Hayek, Mims, Wilburn, Bailey. NAYS:Wrigt I ABSENT: None. Second Consideration --------------- - -- Vote for passage: Date published 3/31/2010 Moved by Wilburn, seconded by Champion, that thejule 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 of final passage at this time. AYES: Champion, Dickens, Hayek, Mims, Wilburr Bailey. NAYS: Wright. ABSENT: None, 1.1 Prepared by: Jacob Rosenberg PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5240 (REZ09- 00011) 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 "); and Dealer Properties IC, LLC (hereinafter "Applicant "); WHEREAS, Owner is the legal title holder of approximately 5.05 acres of property located at Mormon Trek Boulevard, south of Eagle View Drive; and WHEREAS, the Applicant with the Owner's consent has requested the rezoning of said property from Commercial Office (CO -1) to Intensive Commercial (CI -1); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding landscape screening, buffering, and lighting, the zoning is in conformance with the Comprehensive Plan; 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 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 neighborhood compatibility; and WHEREAS, the Owner 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. ILJ Investments, Inc. is the legal titleholder of the property legally described as follows: Commencing at the East Quarter Corner of Section 20, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S00'08'54 "W, along the East Line of the Southeast Quarter of said Section 20, a distance of 485.52 feet, to the Point of Beginning; Thence continuing S00'08'54 "W, along said East Line 585.37 feet, to its intersection with the Northeasterly Right -of -way Line of Mormon Trek Boulevard; Thence Northwesterly, 710.98 feet, along said Northeasterly Right -of -way Line and a 1750.00 foot radius curve, concave Northeasterly, whose 706.10 foot chord bears N52'00'04 "W; Thence NO2'44'08 "E, along said Northeasterly Right -of -way Line,47.76 feet, to a point on the Southerly Right -of -way Line of Eagle View Drive; Thence N50'37'23 "E, along the Southerly Right -of -way Line 38.38 feet; Thence Northeasterly, 312.12 feet, along said Southerly Right -of -way Line on a 467.00 foot radius curve, concave Southeasterly, whose 306.34 foot chord bears N71'03'41 "E; Thence S89'47'31 "E, along said Southerly Right -of -way Line, 181.27 feet; Thence S47'34'07 "E, along said Southerly Right -of -way Line 29.76 feet; Thence S89'51'06E, along said Southerly Right -of -way Line, 33.00 feet, to the Point of Beginning. Said tract of land contains 5.05 acres, more or less, and is subject to easements and restrictions of record. ppdadm/a9VaEZ09.00011 ConcriUmal Zedng Ag reemenl%581%5D.doo 1 2. The Owner and Applicant acknowledge that the City wishes to ensure conformance with the principles of the Comprehensive Plan and South Central District 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 and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. A 20 foot wide buffer landscaped to the S3 standard, as defined by the Iowa City Zoning Code, and including a mix of evergreen and deciduous trees planted to the specifications of the City Forester, to run along the north 256 feet of the east property line. b. All exterior lighting shall be mounted at a height not to exceed 30 feet above grade. 4. The Owner and Applicant, 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, Applicant, and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform to 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 and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated thisQ . `day of March CITY OF IOWA CITY Matthew J. Hayek, M or 20 io - , ---c- ByBy: IL' J lnvestm dints, In p1>dadWagVREZ0400011 CO Ceti nal Zodng Agreement%501%SD.dw 2 V CORPO A"I E SEM . Attest: �ov. 9'� Marian K. Karr, City Clerk Approved by: �14a dr %I.rY s,,� 'td�+7�- a -••.� City Attorney's Office 3 la-1i U CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) By: Dealer Properties IC, LLC On this 23 day of MAP-cu- , A.D. 20 is , 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 aff ixed 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. 0,,y4lAlm S ON DRAEFORT�� _ Commission Number 158791 My Commission Expires Notary Public in and for the State of Iowa w 3 .2o a My commission expires: 3l 7/a0/ R ILJ INVESTMENTS, INC. ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was (acknowledged before me on this day of 20_, by /I /C1r I< JC %n e. i'iYer (name) as Y!`cS ii {.�n-I -�Scc rr'IG: itle) of ILJ Investments, Inc. ,n ,^� ,^,,nnnn n a Vw Notary Public in and for the State f Iowa �® DIPINM E g ComMmm omN 58 l -1511 ppdadaVagHREZ0900011 Conditional Zoning Agreemern %5BMD.doo 3 DEALER PROPERTIES IC, L.L.C. ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this � day of M, ,jA 2010, by Do v d 12. R, i I; Oa (name) as Mme; nci /n m her (title) of Dealer Properties IC, LLC. �,s is CAROLYN S. WUGGINS s 1r Commission Number 733643 My Commission Expires uws • March 25, 2011 CiAh IN r% U . // ! "/ P/1 Notary Public in and for the State of Iowa My commission expires: 3 •.2 S • 1 I ppdadnVagVREZ0400011 Cmditfwal ZmIng AgreMOMMBMDAd 4 19 I„ Doc ID: 021789590027 Type: OEN Kind: SUBDIVISION �r q ®t* r'Ill Recorded: 04/13/2010 at 12:43:11 PM Fee Amt: $139.00 Page 1 of 27 " A" CQ Johnson County Iowa Kim Painter Countv Recorder SK4575 Po636 -662 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.10 -116, which was passed by the City Council of n Iowa City, Iowa, at a regular meeting held on the 6th day of April, 2010, all as the same appears of record in my office. Also attached are the final legal documents for Wal -Mart Subdivision as Jfollows: r I . Title Opinion 2. Owner's Certificate 3. Certificate of County Auditor r 4. Certificate of Treasurer 5. Subdivider's Agreement 4 6. Access Easement I 7. Sanitary Sewer and Watermain Easement Agreement 8. Private Sanitary Sewer Easement (for Outlots) 9. Private Sanitary Sewer and Water Line Easement (Hawkeye) v Dated at Iowa City, Iowa, this day of A,2 rJ 2010. Mae' -K. Karr City Clerk �r-es subdivision " t 11AP RATE SEAL 19 L�/X Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5240 (SUB10- 00001) RESOLUTION NO. 10 -116 RESOLUTION APPROVING FINAL PLAT OF WAL -MART SUBDIVISION, IOWA CITY, IOWA. WHEREAS, the owner, Wal -Mart Reality Company, filed with the City Clerk the final plat of Wal -Mart Subdivision, 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 2008103, Johnson County, Iowa, in accordance with the Plat thereof recorded in Book 53, at Page 269, in the records of the Johnson County Recorder's Office, containing 25.16 acres and subject to the 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 of certain easements 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 (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 final plat and subdivision located on the above - described real estate be and the same are hereby approved. 2. The City accepts the dedication of the easements as provided by law and specifically sets aside portions of the dedicated easements as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the ownedsubdivider. M Resolution No. 10 -116 Page 2 Passed and approved this 6th day of April —,20 10 kt MAYOR �n // I Approved by ATTEST: //!1 /i LC c% - Cfi4/1✓ G tw "-ht CIT ERK City Attorney's Office `l 2I t 0 It was moved by Bailey and seconded by Wilburn 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 pcd/lemplates/Wal- Mart Final Plat- Resolo0WAOCWW -Ma,t FjnaF Plat — ResoUion.docRnal Mat- Resoimiond.A. r, TITLE OPINION I, Dennis J. Mitchell, a regular practicing attorney in Iowa City, 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, to wit: Auditor's Parcel 2008103, Johnson County, Iowa, in accordance with the Plat thereof recorded in Book 53, at Page 269, in the records of the Johnson County Recorder's Office, containing 25.16 acres and subject to the easements and restrictions of record. It is hereby certified that fee simple title to said property is in Wal -Mart Real Estate Business Trust and is free and clear of all liens and encumbrances. kR Dated at Iowa City, Iowa, this o day of A pr& 1 2010. L. tad Dennis J. Mitchell MEARDON, SUEPPEL & DOWNER P.L.C. 122 South Linn Street .Iowa City, IA 52240 I OWNERS' CERTIFICATE Wal -Mart Real Estate Business Trust hereby certifies that it is the owner of the following described real estate situated in Johnson County, Iowa, to wit: Auditor's Parcel 2008103, Johnson County, Iowa, in accordance with the Plat thereof recorded in Book 53, at Page 269, in the records of the Johnson County Recorder's Office, containing 25.16 acres and subject to the easements and restrictions of record. The subdivision of said real estate as it appears on the plat for Wal -Mart Subdivision, Iowa City, Iowa, is with its free consent and in accordance with its desire. Dated this day of 2010. WAL -MART REAL ESTATE BUSINESS TRU elawar tatutory trust By Nam c rKe_ Title y1.r 4 Teal ab'I L C State of Arkansas, County of Benton ss: This instrument was acl owled ed before me op the yr ay of 20L by / as of al -Mart Real Estate Busine s Trust, a Delaware statutory trust, on behalf of the trust. otary Public in and for the State of Arkansas My commission expires: `_Mad D 1, DOO LISA M. GARCIA NOTARY PUBLIC•STATE OF ARKANSAS WASHINGTON COUNTY My Commission Expires May Oi , 2017 Commission # 12360574 0 CERTIFICATE OF COUNTY AUDITOR JOHNSON COUNTY, IOWA I, Tom Slockett, the Johnson County Auditor, hereby approve of Wal -Mart Subdivision, Iowa City, Iowa, as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: Auditor's Parcel 2008103, Johnson County, Iowa, in accordance with the Plat thereof recorded in Book 53, at Page 269, in the records of the Johnson County Recorder's Office, containing 25.16 acres and subject to the easements and restrictions of record. Tom Slockett, Johnson Co 6n Auditor Date (seal) CERTIFICATE OF COUNTY TREASURER I, Thomas L. Kriz, hereby certify that I am the County Treasurer of Johnson County, Iowa, and that the following described property known as Wal -Mart Subdivision, Johnson County, Iowa, is free from taxes or special assessments: Auditor's Parcel 2008103, Johnson County, Iowa, in accordance with the Plat thereof recorded in Book 53, at Page 269, in the records of the Johnson County Recorder's Office, containing 25.16 acres and subject to the easements and restrictions of record. Dated at Iowa City, Iowa, this IS 'L day of i1) &rc b) 2010. Thomas L. Kriz �1 J County Treasurer, Johnson County, Iowa Prepared by: Dennis T Mitchell, 122 S. Linn Street, Iowa City, IA 52240 (319)338 -9222 SUBDIVIDER'S AGREEMENT WAL -MART SUBDIVISION IOWA CITY, IOWA THIS AGREEMENT made by and between Wal -Mart Business Real Estate Trust, hereinafter referred to as "Subdivider' or "Owner ", and the City of Iowa City, Iowa, a municipal corporation hereinafter called the "City." 11111�9I��i :'/:Ca77��1�7:�9��7111C�]�i�69i SECTION 1. CONDITIONAL ZONING AGREEMENT. The City and the Subdivider hereby incorporate the Conditional Zoning Agreement by and between said parties dated January 25, 2010, approved by Ordinance No. 10 -4378 on January 25, 2010, and recorded January 28, 2010 in Book 4553, Page 36, Records of Johnson County, Iowa. All terms and conditions of said Conditional Zoning Agreement are hereby incorporated by reference. SECTION 2. STORM WATER MANAGEMENT. The Subdivider has previously constructed a Storm Water Management Facility pf sufficient size to satisfy the requirements of the City's ordinances for the Subdivision covered by this Agreement. Accordingly, the City acknowledges that the Subdivider has no further obligation to construct additional Storm Water Management Facilities. SECTION 3. 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. M Dated as of this day of N 2010. WAL -MART REAL ESTATE BUSINESS TRUST, a Delawaye statutory trust B Namm\J�h Title V Cr. �PCSicYl.nt- Is�c CITY OF IOWA CITY, IOWA By -- Matthew J. Hayek, Mayor By t�iir% iC `Lt Marian K. Karr, City Clerk Approved by: J&Q( .s'1144VGcJ Wr 111VII -4 , J City Attorney's Office y1 y1)v State of Arkansas, County of Benton ss: This instrument was ckno ledged befgqr�� me on the J` day of 20 o by al as I/�ir// Oa,'illh�� 1% ,- of Wal- Mar Real Estate Business Tr t, a Delaware statutory bust, on behalf of the trust. LISA M. GARCIA NOTARY PUBLIC-STATE OF ARKANSAS WASHINGTON.000NTY My Commission Expires May 01, 2017 Commission # 12360571 tary Public in and for the State of Arkansas My commission expires: �n� 0�ra.6l? C\ State of Iowa, County of Johnson, ss: On this 94— day of ADrj 1 2010, 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. .eiata KELLIE IC.TUTTLE o Co, C IomNson Expires ' 79 Notary Public in and for the State of Iowa t — /g // / My commission expires: CA ACCESS EASEMENT WAL -MART SUBDIVISION, IOWA CITY, IOWA THIS AGREEMENT is made and entered into by and between Wal -Mart Business Real Estate Trust, hereinafter referred to as Owner, which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa, hereinafter referred to as City, a municipal corporation. IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, and subject to all matters of record, the Owner hereby grants and conveys to the City a non - exclusive easement for public access over and across the areas designated as Access Easement as shown on the Final Plat of Wal -Mart Subdivison, Iowa City, Iowa, according to the recorded plat thereof. The purpose of the Access Easement is for public access over, across and along said easement within the Subdivision. Except as may be expressly provided herein or in another written agreement, the City shall have no responsibility for maintaining the Access Easement area. The Owner and its successors and assigns reserve the right to use said Access Easement for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Owner and its successors shall not erect or construct any building, structure, fence or other obstruction on said Access Easement area except as may be required by the City pursuant to the Conditional Zoning Agreement approved by the City as Ordinance No. 10 -4378 and recorded in Book 4553, Pages 36 -48, Records of Johnson, County, Iowa ( "the Conditional Zoning Agreement "). Nothing in this Agreement shall be construed to impose a requirement on the City to install improvements or otherwise maintain the Access Easement area. Nor shall the Owner or its successor be deemed acting as the City's agent during the installation or maintenance of said Access Easement improvements. After construction and installation of the initial improvements within the Access Easement area, the obligation 0\ for ongoing maintenance, repairs and replacement of such improvements shall be with the Owner and shall be allocated to and assumed by the owners of Lots 1, 2, and 3 of the Subdivision. The Owner hereby covenants with the City that it is lawfully seized and possessed of the real estate above described, and that it has good and lawful right to convey it or any part thereof. Nothing in this easement shall be deemed to modify any person's liability to Owner for damages caused by the person's negligence while utilizing the access easement area. 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 5 -�/; day of �1%/v 12.010. WAL -MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust L 110 Title Vt (f,� . 0- ?Gf ?fd- — �Gt / rwe,, (? State of Arkansas, County of Benton ss: �� QThis instrument was ckn�o�j� ledged bef e on he "' day of i 2010 by r as V /�i/ &4��f Wal- art Real Estate Business Tr t, a Delaware statutory trust, on behalf of the trust. LfSA M. GARCIA -- C` ax k o NOTARY PUBLIC -STATE OF ARKANSAS tart' Public in and for the State of Arkansas WASHINGTON CGUNTY My Commission Expires May 01, 2017 My commission expires: Commission # 12360574 _ %',r` CL-,6 ()I I 2 0\ CITY OF IOWA CITY, IOWA By A-W'-` ;A4 _ _ Matthew J. Hayek, Mayor By Awzi�- - 2 91 - Marian . Karr, City Clerk Approved by: A ll,l i %Still nU vUUGI i��F�c. City Attorneys Office Lf It�� State of Iowa, County of Johnson, ss: On this 9-4'-- day of ,- i � 2010, 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. 1�e Lc r� K- l u *le- Notary Public in and for the State of Iowa My commission expires: - 4�'�t4rm KELLIE K. TUTTLE CommiSSlonNumber221819 �', §•:y Ny Co/�nmis ion Expires 3 0\ Iowa City, IA Store 1721 -06 SANITARY SEWER AND WATERMAIN EASEMENT AGREEMENT WAL -MART SUBDIVISION IOWA CITY, IOWA THIS AGREEMENT, made and entered into by and between WAL -MART BUSINESS REAL ESTATE TRUST ( "Owner'), which expression shall include its successors in interest and assigns, and the CITY OF IOWA CITY, IOWA (the "City "), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration; the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, conduits and water mains and lines as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings, and for distribution of water, 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 areas designated as Watermain Easement and Sanitary Sewer Easement, except for those areas designated as private, as shown on the Final Plat of Wal -Mart Subdivision, Iowa City, Johnson County, Iowa, hereinafter described as "Easement Area ". Owner further grants to the City: 1. The right to exercise the above - described rights within said Easement Area for the full width thereof, and to extend the work performed into and onto said lands along and outside of the said Easement Area to such extent as the City may find reasonably necessary. 1 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, including replacing trees, shrubs, landscaping, paving, and any other improvements required by the City pursuant to the Conditional Zoning Agreement approved by the City as Ordinance No. 10 -4378 and recorded in Book 4553, Pages 36 -48, Records of Johnson, County, Iowa ( "the Conditional Zoning Agreement "). The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the Easement Area. Owner reserves the right to use said Easement Area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said Easement Area except as required by the City pursuant to Conditional Zoning Agreement and except with respect to any paving of drive aisles, parking areas or access drives over or through any portion of the Easement Area. With the exception of improvements required by the City pursuant to the Conditional Zoning Agreement and the paving described above, any such improvements placed in the Easement Area, with or without City approval, may be removed by the City without compensation or replacement. To the extent it is necessary for the City to access the Easement Area, including, without limitation, for purposes of installation, making repairs, inspections or conducting 2 maintenance activities, the City shall limit its access, ingress and egress to the minimum necessary to enjoy the use of the easement and exercise its rights hereunder and agrees to use good faith efforts to avoid interrupting business operations of the businesses within the subdivision. In the event that such an interruption does occur, however, neither the Owner nor the businesses located within the Subdivision shall be entitled to damages for loss of business that may result therefrom except to the extent of unreasonable loss or damage which may result from the negligent exercise of the easement rights by the City. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and Owner has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner and until acceptance by the City, as by law provided. 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. 3 Dated this day of c day of / i 2010. WAL -MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust By ; Joh Cl e, V'ce Preside t —Real E e 4 CITY OF IOWA CITY, IOWA By <YV-7�t Matthew J. Hayek, Mayor By `for r� Marian K. Karr, City Clerk Approved by: �W (( l'J M"2r,/ 6/ZC' e'ii.- City Attorney's Office �11f,) j /v State of Arkansas, County of Benton ss: This inshument was rknowled ed be ore e on the G,��" day of 20� by t % n // as / r7 ._ �of Wa1- Mart eal Estate Business Tr, st, a Delaware statutory trust, on behalf of the trust. LISA M. GARCIA NOTARY PUBLIC -STATE OF ARKANSAS WASHINGTON COUNTY My Commission Expires May 01, 2017 Commission # 123605f 7_ 1-__ Notary Public in and for the State of Arkansas My commission expires: ,—Y,Y-1 " l I U l 7 State of Iowa, County of Johnson, ss: On this 94-�- day of &--pri ( 2010, 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. Ke-c C rc- K i uc-4te� Notary Public in and for the State of Iowa My commission expires: 5 .�eR��c I<hll.lE dt. iU11E - Cornmisslon Number2 ?.tIIi9 s Hty C mi lion Expires ., IOWA Prepared by: Dennis J. Mitchell, Meardon, Sueppel & Downer P.L.C., 122 South Linn Street, Iowa City, Iowa 52240 Telephone: 319 - 338.9222; Facsimile: 319- 338 -7250 PRIVATE SANITARY SEWER EASEMENT This declaraq'on of Private Sanitary Sewer Easement (this "Easement ") is made this 5'0" day of 9WT� , 2010, by Wal -Mart Business Real Estate Trust, a Delaware statutory trust (hereinafter referred to as "Owner "). WHEREAS, Owner is the titleholder to the following described real estate situated in Johnson County, Iowa, to -wit: Auditor's Parcel 2008103, Johnson County, Iowa, in accordance with the Plat thereof recorded in Book 53, at Page 269, in the records of the Johnson County Recorder's Office, containing 25.16 acres and subject to the easements and restrictions of record. and, WHEREAS, Owner is subdividing the above - described tract into three separate lots, comprised of one large lot (Lot 1) and two smaller outlot (Lots 2 and 3) ; and WHEREAS, as a result of said subdivision proceedings, the City of Iowa City requires the preparation and execution of a document setting forth the terms and conditions of certain private sanitary sewer easements shown on the Final Plat for Wal- Mart Subdivision, Iowa City, Iowa ( "the Final Subdivision Plat "). NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Subject to any restrictions, easements or other matters of record, Owner hereby declares and establishes in favor of Lots 2 and 3 a non - exclusive easement across those portions of Lot 1 labeled on the Final Subdivision Plat as "10' Private Sanitary Sewer Easement" (the "Easement Area "), for the installation and maintenance of a private sanitary sewer line serving Lot 2 and Lot 3, together with the right of ingress 4833 -4581- 1717.2 and egress thereto, to connect to the City of Iowa City's sewer main existing in the "20' Sanitary Sewer Easement ", as depicted on the Final Subdivision Plat (the "City Easement Area "). This Easement is for the benefit of Lots 2 and Lot 3 to the extent stated herein only and creates no further rights in Lot 1 in favor of the owners of Lot 2 and Lot 3 or any other party or property. t 2. This Easement does not require the construction of sanitary sewer lines on Lots 1, 2 or 3 by Owner, but rather will govern the respective obligations of the parties in the future regarding the construction and maintenance of private sanitary sewer lines and connections for Lots 2 and 3 to the City sewer main should use of such Lots require it. 3. The owners of Lots 2 and 3 shall be responsible for all costs and expenses related to the installation, repair, maintenance, and replacement of said sanitary sewer lines and connections. To the extent it is necessary for Lot 2 or Lot 3 to access the Easement Area, including, without limitation, for purposes of installation, making repairs, inspections or conducting maintenance activities, the owner of each respective lot shall limit its access, ingress and egress to the minimum necessary to enjoy the use of the easement and exercise its rights hereunder. Any such access by Lots 2 and 3 shall not interfere with the business operations of Lot 1 while exercising its rights under this Easement. 4. The owners of Lots 2 and 3 agree to restore to its preexisting condition any portion of Lot 1 which may be disturbed or damaged in the installation, repair, maintenance, or replacement of the sanitary sewer lines and connections. In addition, the owners of Lot 2 and Lot 3 hereby indemnify Owner and hold Owner harmless from any and all damage to Lot 1 and any property, persons or improvements located thereon or in, including any other expense, causes or action, claims or other liability, in any case caused by such owner's exercise of its rights hereunder and its use of the sanitary sewer. 5. Except to the extent required by the City of Iowa City pursuant to the Conditional Zoning Agreement approved by the City as Ordinance No. 10 -4378 and recorded in Book 4553, Pages 36 -48, Records of Johnson, County, Iowa ( "the Conditional Zoning Agreement "), the owner of Lot 1 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 over said easement areas. 6. Owner hereby makes no representations or warranties, either expressed or implied, by operation of law or otherwise, with respect to the quality, physical condition or value of the improvements now constructed or to be constructed in the Easement Area or the City Easement Area or their suitability, merchantability or fitness for a particular purpose, the presence or absence of conditions on the Improvements 4833 - 4581 - 1717.2 2 M that could give rise to any claims for personal injury, property or natural resource damages or otherwise; or the presence of hazardous or toxic substances, materials, waste, contaminants or pollutants on, under or about such improvements. 7. Each of the owners of Lot 2 and Lot 3, respectively, shall procure and maintain in full force and effect throughout the term of this Easement general public liability insurance and property damage insurance against claims for personal injury, death or property damage occurring upon, in or about its property, each party's insurance to afford protection for injury or death of a single person, and to the limit of not less than $5,000,000.00 for any one occurrence, and to the limit of not less than $5,000,000.00 for property damage. Such insurance may be written by additional premises endorsement on any master policy of insurance (or combined with an umbrella policy) carried by the party which may cover other property in addition to the property covered by this Easement. Such insurance shall not be canceled without ten (10) days prior written notice to the other party. 8. The Owner currently owns all of Lot 1, Lot 2 and Lot 3. The Owner reserves the right to sell or otherwise convey all or any of Lot 1, Lot 2 or Lot 3 in one or a series of transactions. Notwithstanding any such future conveyance, the easements, rights and obligations established by this Easement shall not merge or terminate if all of the Easement Area and Lot 2 and /or Lot 3 once again become owned or are owned by the same entity, but shall continue until released and terminated by all parties benefited hereby. 9. This Easement is intended to bind the successors in interest and assigns of the Owner. It shall not be terminated without the prior written consent of the City of Iowa City, Iowa. 4833 - 45814717.2 WAL -MART REAL ESTATE BUSINESS TRUST I statutory trust By: <L _ Jo C a • e, Vice President —Real Estate 3 0 State of Arkansas, County of Benton ss: This instrument was acknowledged before me on the -D day of 20L0 by John Clarke, as Vice President -Real Estate of Wal -Mart Real E Aate Business Trust, a Delaware statutory trust, on behalf of the trust. r ary Public in and for the State of Arkansas My commission expires: I �,GARCIA NSAS NOTARY PUBLIC -STAT COUNTY 2017 WASNINGTONres May 01, My Commission Exp Commisslon # 12360574 4833 - 4581 - 1717.2 0 I 1 2-G i'-? jo Prepared by: Dennis J. Mitchell, Meardon, Sueppel & Downer P.L.C., 122 South Linn Street, Iowa City, Iowa 52240 Telephone: 319 - 338 -9222; Facsimile: 319 -338 -7250 PRIVATE SANITARY SEWER AND WATER LINE EASEMENT AGREEMENT This Private Sanitary Sewer and Water Line Easement Agreement is made and entered into on this 0' day of Apl , 2010, by and between Wal -Mart Business Real Estate Trust (hereinafter referred to as "Wal- Mart ") and Hawkeye Touchless, Inc. ( "Hawkeye "). WHEREAS, Wal -Mart is the titleholder to the following described real estate situated in Johnson County, Iowa, to -wit: Auditor's Parcel 2008103, Johnson County, Iowa, in accordance with the Plat thereof recorded in Book 53, at Page 269, in the records of the Johnson County Recorder's Office, containing 25.16 acres and subject to the easements and restrictions of record (hereinafter "the Wal -Mart tract ") and; WHEREAS, Hawkeye is the titleholder to the following described real estate situated in Johnson County, Iowa, to -wit: Lot 4, Westport Plaza, Iowa City, Iowa, according to the plat thereof recorded in Book 32, Page 289, Plat Records of Johnson County, Iowa (hereinafter "Lot 4, Westport Plaza ") and; WHERAS, there is currently a sanitary sewer service line and a water service line across the Wal -Mart tract that services Lot 4, Westport Plaza; and WHEREAS, the parties desire to formally establish a written easement regarding the sanitary sewer service line and water service line. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Subject to any restrictions, easements or other matters of record, Wal -Mart hereby declares and establishes in favor of Lot 4, Westport Plaza, a non - exclusive easement across that portion of Lot 1 of the Final Plat, Wal -Mart Subdivision shown as "10' Private Sanitary Sewer Easement ", for the installation and maintenance of a private sanitary sewer line, together with the right of ingress and egress thereto, to connect to the City of Iowa City's sewer main and service Lot 4, Westport Plaza. 2. Subject to any restrictions, easements or other matters of record, Wal -Mart hereby declares and establishes in favor of Lot 4, Westport Plaza, a non - exclusive easement across that portion of Lot 1 of the Final Plat, Wal -Mart Subdivision shown as "10' Private Watermain Easement ", for the installation and maintenance of a private water line, together with the right of ingress and egress thereto, to connect to the City of Iowa City's watermain and service Lot 4, Westport Plaza. 3. This Agreement is for the benefit of Lot 4, Westport Plaza, to the extent stated herein only and creates no further rights in any other party or property. 4. Hawkeye shall be responsible for all costs and expenses related to the installation, repair, maintenance, and replacement of said sanitary sewer and water lines and connections. To the extent it is necessary for Hawkeye to access said easement areas, including, without limitation, for purposes of making repairs, inspections or conducting maintenance activities, Hawkeye shall limit its access, ingress and egress to the minimum necessary to enjoy the use of the easement and exercise its rights hereunder. In any such access, Hawkeye shall not interfere with Wal- Mart's business operations while exercising its rights under this Agreement. 5. Hawkeye agrees to restore to its preexisting condition any portion of the Wal -Mart tract which may be disturbed or damaged in the installation, repair, maintenance, or replacement of the sanitary sewer and water lines and connections including but not limited to the replacement of any sod, landscaping, paving or other improvements. 6. Except to the extent required by the City of Iowa City pursuant to the Conditional Zoning Agreement approved by the City as Ordinance No. 10 -4378 and recorded in Book 4553, Pages 36 -48, Records of Johnson, County, Iowa ( "the Conditional Zoning Agreement "), Wal -Mart 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 over said easement areas. 7. Wal -Mart hereby makes no representations or warranties, either expressed or implied, by operation of law or otherwise, with respect to the quality, physical condition or value of the improvements now constructed or to be constructed in the Easement Area or its suitability, merchantability or fitness for a particular purpose, the presence or absence of conditions on the Improvements that could give rise to any claims for personal injury, property or natural resource damages or 2 otherwise; or the presence of hazardous or toxic substances, materials, waste, contaminants or pollutants on, under or about such improvements. 8. Hawkeye shall procure and maintain in full force and effect throughout the term of this Agreement general public liability insurance and property damage insurance against claims for personal injury, death or property damage occurring upon, in or about its property, to afford protection for injury or death of a single person, and to the limit of not less than $2,000,000.00 for any one occurrence, and to the limit of not less than $2,000,000.00 for property damage. Such insurance may be written by additional premises endorsement on any master policy of insurance (or combined with an umbrella policy) which may cover other property in addition to the property covered by this Agreement. Such insurance shall not be canceled without ten (10) days' prior written notice to Wal -Mart. 9. Hawkeye agrees to protect, indemnify and hold harmless Wal -Mart from and against any and all loss, costs, damage and expenses occasioned by, or arising out of, any accident or other occurrence or series of occurrences causing or inflicting injury and /or damage to the Wal -Mart tract, or any person or property, in, upon or about the Wal -Mart tract, arising out of or resulting from the negligence or willful misconduct of Hawkeye or its agents, employees or contractors in connection with Hawkeye's exercise of its rights pursuant to this Agreement. 10. This Agreement is intended to bind the successors in interest and assigns of the respective parties. I 9 WAL -MART: WAL -MART REAL ESTATE BUSINESS TR T, a ' elaware atutory trust By Na �nh rP Title ACKNOWLEDGEMENT STATE OF ARKANSAS ) SS: COUNTY OF BENTON ) r�GI/ Ad" This instrument was ck w1Pd ed before me i�o�on e day of 2014 by / C% as Ylp /� ot Wal -Mart Real Estate B iness Trust, a Delaware statutory trust, on behalf of the trust. LISA M. GARCIA NOTARY PUBLIC-STATE OF ARKANSAS WASHINGTON COUNTY My Commission Expires May 01, 2017 Commission # 12360574 a 11.CL/'9J tary Public in and for the State of Arkansas 4 commission expires: 'r na,� 0 1 1 a-O l i HAWKEYE: HAWKEYE TOUCHLESS, INC., ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) The foregoing instrument was signed, acknowledged, and sworn to before me, a Notary Public, on the 6 /A day of a0r1 - / . 20 /O by Barry Westmeyer, as President, on behalf of Hawkeye Touchless, Inc., an Iowa corporation, on behalf of said corporation. My commission expires: A� ` />/- / / OTARY PUBLIC o,�e° - _ LEANNE M. SCHWARTING _ Comm1mlon MIX T, My �omml Ion Ex Tres 5 Doc ID: 021840120003 Type: OEN Kind: DECISION Recorded: 06/02/2010 at 10:41:50 AM Fee Amt: $19.00 Pace 1 of 3 Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City,lA Iohnson county Iowa 319/356 -5230 52240 Kim Painter County Recorder DECISION BK4596 PD930 -932 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, March 10, 2010 / EMMA J. HARVAT HALL MEMBERS PRESENT: Caroline Sheerin, Barbara Eckstein, William Jennings, Robert Anderson Le Ann Tyson MEMBERS ABSENT: None. c' STAFF PRESENT: Sara Greenwood Hektoen, Sarah Walz OTHERS PRESENT: Jason Hilsman, Scott Ritter i`° `- .. °r, SPECIAL EXCEPTION ITEMS:' 1. EXC09- 00009: Discussion of an application submitted by Ace Auto Recycler"s to amend a previously approved special exception for a salvage yard in the Heavy Industrial (1 -2) zone located at 2752 South Riverside Drive, to allow a waiver of the solid fence requirement along the north, south, and east sides of the property. Findings of Fact: The Board finds that the subject property is located in the Heavy Industrial (12) zone, and that salvage uses are permitted in this zone by special exception. The Board finds that the properties to the north and south are both zoned for industrial uses: a salvage yard is located to the north and vacant industrial property is located to the south. The Board finds that public property located to the east of the subject salvage yard is closed to the public due to hazardous conditions associated with its former use as a landfill. The Board also finds that the area is relatively flat. The Board finds that the subject salvage yard is set back a considerable distance (more than 300 feet) from the public right -of -way. The Board finds that the salvage yard is currently surrounded by a 6 -foot high chain link fence�with vinyl slats, which does not comply with the requirement for solid fencing. The Board finds that the applicant is required to provide an 8- foot high solid fence`screening along the front (west side) of the salvage yard. The Board finds that the applicant has installed the required tall, evergreen landscaping along the west side of the salvage yard and has constructed a berm and identical landscaping along the southwest side of the salvage yard. The Board further finds that the applicant has constructed an 8 -foot high wall of concrete blocks along a portion of the yard's south side. The Board finds that the right -of -way is set at a higher elevation than the salvage yard and that portions of the site are visible over the top of the fence when approaching the site from the south. The Board finds that the South Central District Plan recognizes South Riverside Drive as an entranceway to the city and encourages aesthetic improvements along this corridor, including effective screening of the salvage yards. The Board finds that the Plan also indicates that this area is appropriate for industrial uses. The Board finds that adequate utilities, drainage, and access roads are already established to serve the use. Conclusions of Law: The Board concludes that the criteria for a waiver from the solid fence requirement is appropriate along the north side of the property are met because this area of 10 the site is not in view of the public right -of -way and because the adjacent property is zoned for industrial use and contains a salvage yard. The Board concludes that the criteria for a waiver from the solid fence requirement is appropriate along the east side of the property are met because this area of the salvage yard is not in view of the public or the Iowa River and because the adjacent public land is closed due to hazardous conditions associated with its former use as a landfill. Though portions of the salvage yard are visible from the public right -of -way along the south side of the site, the Board concludes that this is due to the higher elevation of the road and that a solid fence would not provide additional screening benefit. The Board concludes that the desired level of screening intended by the zoning requirement and in the district plan will be effectively provided by the combination of distance (the 300 foot setback) along with the berm and S3 evergreen landscaping provided on the southwest side of the site. The Board concludes that the proposed exception to waive the solid fence screening requirement will not endanger the public health, safety, comfort, or general welfare because the existing chain link fencing on the north side of the property along with additional fencing to be installed on the south side of the creek will prevent salvage from blocking the creek. The Board concludes that the proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity; will not substantially diminish or impair property values in the neighborhood; and will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone for the reasons cited above and because the South Central District Plan envisions this area as appropriate for industrial uses. Because the property is set back more than 300 feet from the public right -of -way, the Board concludes that the waiver of the solid fence requirement will have no impact on ingress or egress from the site. The Board concludes that because the applicant must provide a final site plan showing compliance with all elements of the Conditional Zoning Agreement (2005) prior to securing a occupancy permit for a new building, that the Building Official will review the plan in addition to all improvements already installed on the site in order to ensure full compliance with all other standards and requirements of the zoning code. Because the South Central District Plan states that industrial uses are appropriate for this area and because the aesthetic improvements for Riverside Drive envisioned by the plan are effectively addressed by the berm, S3 evergreen landscaping, and the solid fence along the west side of the property as described above, the Board concludes that waiving the solid fence requirements along the south, east, and north sides of the property will be consistent with the Comprehensive Plan. Disposition: By a vote of 3 -2 (Anderson and Tyson dissenting) the Board approves a waiver of the solid fencing requirements along the north, south, and east sides of the property, subject to the following conditions: 1. All landscaping required as a condition of the previous special exception, as well as the 8 -foot wall of concrete blocks installed along the southeast portion of the salv2L�b yard shall be maintained; C-) -; 2. An 8 -foot, solid fence must be installed from the southwest corner of the property, to the, southern wall of the new office /warehouse - service building, must be approved by planning staff and must comply with the terms and conditions of the origifalspecial exception (EXC06 -0008) not herein modified.; /D CJ , 3. When construction is finished on the office /warehouse - service building, and prior to a certificate of occupancy, matching 8 -foot solid fencing must be continued from the northern wall of the new building north to the existing tear -down warehouse; 4. In order to prevent salvage from obstructing the drainage way at the northeast corner of the property, a 4 -foot chain link fence must be installed and maintained south of the drainage way as shown the original site plan approved with EXC06- 00008; 5, The 6 -foot chain link fence with vinyl slats currently installed to the north of the drainage way shall remain in place and be maintained in good repair to provide separation from the adjacent property; 6. No occupancy permit for the new office /warehouse- service building shall be issued until all required fencing is installed; 7. Salvage may not be stacked higher than 6 feet; 8. All other conditions related to the original special exception (EXC06- 00008) not specifically amended in this application shall remain in effect. TIME LIMITATIONS: All orders of the Board that 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 ter s of the Board's decision. City Code Section 14 -8C -1 E, City of Iowa City, Iowa. U j t:y, /tl '� Approved by: Caroline Sheerin, C airperson "City Attorney's Office I zyl ro STATE OF IOWA JOHNSON COUNTY I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 10th day of March 2010, as the same appears of record in my Office. Dated at Iowa City, this, day of 20 1V i Marian K. Karr, City Clerk C7� „ o 8 Doc ID: 021842440021 Type: GEN Kind: SUBDIVISION Recorded: 06/03/2010 at 03:35:38 PM Fee Amt: $109.00 Page 1 of 21 Johnson Countv Iowa Kim Painter County Recorder BK4598 PG92 -112 STATE OF IOWA ) ) SS JOHNSON COUNTY ) 410 East Washington Street Iowa City, Iowa 52240 -1826 1(319) 356 -5000 (3 19) 356 -5009 FAX www.lcgov.org 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.09 -175, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 19th day of May, 2009, all as the same appears of record in my office. Also attached are the final legal documents for Hickory Pointe, A Resubdivision of Lots 39 -41, First and Rochester, Part One as follows: ml� 1. Subdivider'sAgreement N 2. Sanitaty and Storm Sewer Easement Agreement 3. Owner's Certificate and Dedication 4. Opinion of Attorney 1n 5. Certificate of County Treasurer 6. Certificate of County Auditor 7. Consent of Mortgagee �Q 8. Underground Utility Easement 9. Public Access and Fire Apparatus Easement Agreement Dated at Iowa City, Iowa, this "w` day of 2010. ( Mari i -K. Karr City Clerk \tes subdivision 05 -19.09 4c Prepared by: Sarah Walz, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5239 (SUB09- 00002) RESOLUTION NO. 09 -175 RESOLUTION APPROVING FINAL PLAT OF HICKORY POINTE, A RESUBDIVISION OF LOTS 39 -41, FIRST AND ROCHESTER, PART ONE, IOWA CITY, IOWA. WHEREAS, the owner, Casey Boyd, LLC, filed with the City Clerk the final plat of Hickory Pointe, a resubdivision of Lots 39 -41, First and Rochester, 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: Lots 39, 40, and 41 of First and Rochester, Part One, in accordance with the Plat thereof Recorded in Plat Book 23 at Page 78, of the Records of the Johnson County Recorder's Office, being a portion of the Southwest Quarter of the Southwest Quarter of Section 1, Township 79 North Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, said Tract of land contains 2.97 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, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; 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 (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: 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, easements, and public open space 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. 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. Resolution No. n9-175 Page 2 Passed and approved this 19th day of 1 4., ,�, t (- Approved by n ATTEST: Z, 10.- DEPUTY C TY CLE K rKy Attorneys Office iC It was moved by Wilburn and seconded by Ha ;ek the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright pcdllemplalesMckory Pointe Final Plat - Resolvllon.doc.doc \ ` SUBDIVIDER'S AGREEMENT HICKORY POINTE A RESUBDIVISION OF LOTS 39 — 41, FIRST AND ROCHESTER, PART ONE IOWA CITY, IOWA THIS AGREEMENT made by and between Casey Boyd, LLC, 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 Hickory Pointe, a Resubdivision of Lots 39 — 41, First and Rochester, Part One, 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, hereinafter referred to as "Improvements ": (a) Concrete paving at least 26 feet in width on Hickory Trail. (b) Water mains, storm sewers and sanitary sewers as required by the City. (c) Subdivision erosion control measures as required by the City under its ordinances. 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 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. -2- Section 2. Stormwater Management. The stormwater management requirements for this subdivision are met through the North Branch of the Ralston Creek Regional Storm Water Detention Basin. No additional fees or improvements are required. 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 a sidewalk on the north side of Hickory Trail abutting Lot 3. Said sidewalk shall be at least five (5) feet in width and shall be constructed according to plans and specifications approved by the City Engineer and as per Section 15 -3 -3 of the Iowa City Code of Ordinances. The sidewalk shall be installed abutting Lot 3 prior to the issuance of an occupancy permit for any building or unit on Lot 3 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 on any lot in said subdivision before the Improvements have been installed, the Subdivider shall deposit with the City Finance Department, in escrow, an amount equal to the estimated cost of constructing said Improvements plus ten percent (10 %) thereof divided by the total number of lots in the subdivision (hereinafter "Improvements Escrow "). The City Engineer shall determine the amount of the escrow which shall be collected for each building permit issued prior to the installation of the Improvements. In addition to the Improvements Escrow, if Subdivision Erosion Control measures have not been installed, with ground cover established by growth, the City may require, as a condition to the issuance of the first building permit for construction 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 -3- 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 sidewalk 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. 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 2007 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 each lot. It is further agreed that this requirement to construct said Improvements and sidewalks is and shall remain a lien -4- 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 public services, including but not limited to street maintenance, snow and ice removal, and recycling and solid waste collection, will not be extended to the subdivision until Hickory Trail is installed and accepted by the City. Section 11. Conditional Zoning Agreement. Subdivider acknowledges that it is bound by the terms and conditions contained in the Conditional Zoning Agreement 09 -4327, passed March 10, 2009 and recorded March 16, 2009 in Book 4408, at Page 625 of the records of Johnson County Recorder. Section 12. Neighborhood Open Space. The City's Neighborhood Open Space Ordinance requires the dedication of 4,500 square feet of property, or the payment of a fee in lieu thereof, in connection with this subdivision. Subdivider shall dedicate 1,841 square feet of land depicted on the final plat of the subdivision as Outlot "A" to the City. After said dedication, all maintenance of Outlot "A" shall become the responsibility of the City. Said Outlot "A" shall be used for public open space. Subdivider agrees to satisfy the remaining open space requirement by paying the City $ -1,020 u in lieu of dedicating an additional 2,659 square feet of real estate. The amount shall be paid by Subdivider prior to issuance of a building permit for any lot in the subdivision. The subdivision includes certain private shared open space. The private shared open space shall be privately owned and maintained by a non - profit corporation formed to own, operate, manage and maintain shared space within the subdivision. The costs to maintain said private shared open space shall be shared -5- by all owners within the subdivision by the payment of regular dues assessments. Any costs incurred by the City due to the failure of the non - profit corporation to meet said obligations contained herein shall be assessed against and will become a lien on all condominiums within the subdivision. The purpose of the shared, private open space is for the private use and enjoyment of the owners within the subdivision and said private shared open space shall be installed prior to the City issuing a certificate of occupancy for any condominium unit in the subdivision. Section 13. Miscellaneous. (a) All electrical, telephone and cable television service and distribution lines shall be installed underground. (b) Plat notes and surveyor's notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant, or create any third party beneficiaries to any noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any applicable public notice and approval process required by law, to alter or amend any plat note, or to sell or vacate any right -of -way, street, alley, park, easement, open area or other land set apart and dedicated for public use within the plat. The City further reserves the right, upon request of the owner or successor in interest, to vacate the plat and /or relocate any easement, alter lot boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law. Section 14. 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 22N day of YAy 2009. CASEY BOYD;LLC J. CITY OF IOWA CITY, In ATTEST: D. Bailey, \V -6- arfan K. Karr, City Clerk STATE OF IOWA ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this (/ E�k day of Mftc,l 2009 by Casey J. Boyd, as Manager of Casey Boyd, LLC. No ary Public in and r said State ,s Sarah E.Snaumber71ZZ� e g �gCoM CommisakmFVires STATE OF IOWA ss: ow y August 30, 2010 COUNTY OF JOHNSON ) On this ZZ40day of MAy , 2009, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Regenia D. Bailey 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. o9 -/7,13 adopted by the City Council on the _4L"-day of AAAs4 , 2009; and the said Mayor and City Clerk did acknowledge the execution of 06 Instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. towSONORAEFORT S�''`0 !'c`rv"b Commission Number 159791 Notary Public in and for said State My Commission Expires oe2 SANITARY AND STORM SEWER EASEMENT AGREEMENT HICKORY POINTE A RESUBDIVISION OF LOTS 39 — 41, FIRST AND ROCHESTER, PART ONE IOWA CITY, IOWA THIS AGREEMENT, made and entered into by and between Casey Boyd, LLC ( "Owner "), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the "City "), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such storm sewer, 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 "Utility and Sanitary Sewer Easement" and "Utility, Storm and Sanitary Sewer Easement ", as shown on the Final Plat of Hickory Pointe, a Resubdivision of Lots 39 — 41, First and Rochester, Part One, Iowa City, Iowa, hereafter described as "easement area." Owner further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement 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 N� -2- 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, 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 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 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 to install the original public improvement at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as by law provided. 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 z N0 day of ffi&�4 12009. LLC CITY OFJOWA CITY_, IOWA, 0 D. Bailey, K. Karr, City Clerk lk -3- STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) �+ L ' This instrument was acknowledged before me on this J r day of , 2009, by Casey J. Boyd, as a Member of Casey Boyd, LLC. Notary STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) in and for rrvT X -- i Expires 2010 On this Z? day of NW!, , 2009, before me, the undersigned, a Notary Public in and for said CoOnty and State, personally appeared Regenia D. Bailey 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. -c? 9- 1,7 5 adopted by the City Council on the /9 "` day of 2009; and the said Mayor and City Clerk did acknowledge the exec tion of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ,T°��s SONDRAE FORT ��a- rrJ{naD x° Comm(ssionNumber159701 Notary Public in and for said State My Commission Expires ow, 7 d0 /d N\ OWNER'S CERTIFICATE AND DEDICATION HICKORY POINTE A RESUBDIVISION OF LOTS 39 — 41, FIRST AND ROCHESTER, PART ONE IOWA CITY, IOWA KNOW ALL MEN BY THESE PRESENTS: Casey Boyd, LLC 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: Lots 39, 40 and 41 of First and Rochester, Part One, in accordance with the plat thereof recorded in Plat Book 23 at Page 78 of the Records of the Johnson County Recorder's Office. Casey Boyd, LLC does further state that the subdivision of said real estate as it appears on the Final Plat of Hickory Pointe, a Resubdivision of Lots 39 — 41, First and Rochester, Part One, Iowa City, Iowa, to which this certification and dedication is attached, is with its free consent and in accordance with its desire. The streets, public sidewalks and easements in the subdivision, hereinafter known and designated as Hickory Pointe, a Resubdivision of Lots 39 — 41, First and Rochester, Part One, Iowa City, Iowa, are hereby dedicated to the public, as provided by Chapter 354 of the 2007 Code of Iowa, as amended. IN WITNESS WHEREOF,{ the proprietor has caused these presents to be signed on this �'I ' day of / Ia / 2009. C/ NA STATE OF IOWA, JOHNSON COUIv i r oo: This instrument was acknowledged before me on this �Is /S day of MOA4 2009, by Casey J. Boyd, as a Member of Casey Boyd, LLC. U (1 I ri I n Notary Public in and fgfIsaid State J� OPINION OF ATTORNEY HICKORY POINTE A RESUBDIVISION OF LOTS 39 — 41, FIRST AND ROCHESTER, PART ONE IOWA CITY, IOWA I, Sarah E. Swartzendruber, a regular practicing attorney in Coralville, Johnson County, Iowa, do hereby certify that I have examined an Abstract of Title to the following described real estate, to -wit: Lots 39, 40 and 41 of First and Rochester, Part One, in accordance with the plat thereof recorded in Plat Book 23 at Page 78 of the Records of the Johnson County Recorder's Office. It is hereby certified that fee simple title to said property, to become known as Hickory Pointe, a Resubdivision of Lots 39 — 41, First and Rochester, Part One, Iowa City, Iowa, is in Casey Boyd, LLC, free and clear of all liens and encumbrances except a Mortgage in favor of Community Savings Bank recorded February 13, 2009 in Book 4393, at Page 765 of the records of Johnson County, Iowa. Dated at Iowa City, Iowa, this _'? day of 0 2009. � �,.lj) Sarah E. Swartzendruber( Simmons Perrine Moyer Wgman, PLC 11005 th Street, Suite 205 Coralville, IA 52241 1� CERTIFICATE OF COUNTY TREASURER HICKORY POINTE A RESUBDIVISION OF LOTS 39 - 41, FIRST AND ROCHESTER, PART ONE IOWA CITY, IOWA I, the undersigned, Treasurer of Johnson County, Iowa or deputy thereof, hereby certify that the following described property, also known as Hickory Pointe, a Resubdivision of Lots 39 - 41, First and Rochester, Part One, Iowa City, Iowa, is free from taxes or special assessments in the office of the Treasurer of Johnson County, Iowa: Lots 39, 40 and 41 of First and Rochester, Part One, in accordance with the plat thereof recorded in Plat Book 23 at Page 78 of the Records of the Johnson County Recorder's Office. Dated at Iowa City, Iowa this is "-day of Mh-Y , 2009. Thomas L. Kriz, Treasurer of J Johnson County, Iowa Parcel No. 1001352001 Parcel No. 1001352002 Parcel No. 1001352003 CERTIFICATE OF COUNTY AUDITOR HICKORY POINTE A RESUBDIVISION OF LOTS 39 — 41, FIRST AND ROCHESTER, PART ONE IOWA CITY, IOWA I, Tom Slockett, the Johnson County Auditor, hereby approve of "Hickory Pointe, a Resubdivision of Lots 39 — 41, First and Rochester, Part One" as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: Lots 39, 40 and 41 of First and Rochester, Part One, in accordance with the plat thereof recorded in Plat Book 23 at Page 78 of the Records of the Johnson County Recorder's Office. Tom Slockett, Johnson County Aud or Date CONSENT OF MORTGAGEE HICKORY POINTE A RESUBDIVISION OF LOTS 39 — 41, FIRST AND ROCHESTER, PART ONE IOWA CITY, IOWA The undersigned, for and on behalf of Community Savings Bank, is the Mortgagee of a Mortgage from Casey Boyd, LLC, recorded February 13, 2009 in Book 4393, at Page 765 of the records of Johnson County, Iowa, on the following described real estate: Lots 39, 40 and 41 of First and Rochester, Part One, in accordance with the plat thereof recorded in Plat Book 23 at Page 7E of the Records of the Johnson County Recorder's Office, Community Savings Bank hereby consents to the subdivision of the above - described real estate by Casey Boyd, LLC, and releases all streets, easements and other areas to be dedicated to the City of Iowa City as shown on the plat from the lien of its mortgages. I Dated this j9 day of ,' 2009 ..... ,..,r., , .. ,...,, -.. "I Cc M M STATE OF IOWA ) ss: L#M COUNTY ) This instrument was acknowledged before me on this T� day of -kkTx— , 2009, by Arlyn D. Maifeld and Brett W. Na-gl. , ;as Senior Vice Pres. and VP /SCL /CCL respectively, of Community Savings Bank. �Q.0 J.rytyti `Q��`3V`2'1' Notary P blie'n and for said 8Aate o,�,r .@ REGINA R. SELOOVER a O Commission Number 996 498 My Com faslo`t Exyiros nw Vs (,Q \lc� UNDERGROUND UTILITY EASEMENT HICKORY POINTE A RESUBDIVISION OF LOTS 39 — 41, FIRST AND ROCHESTER, PART ONE IOWA CITY, IOWA In consideration of one dollar and other good and valuable consideration, receipt of which is hereby acknowledged, Casey Boyd, LLC (the "Grantor "), hereby grants and conveys to MidAmerican Energy, Qwest Communications International, Inc. and Mediacom (the "Grantees "), and their successors, a perpetual easement upon, over, under, along and across the areas designated as "Utility and Sanitary Sewer Easements" and "Utility, Storm and Sanitary Sewer Easements" as shown on the final plat of Hickory Pointe, a Resubdivision of Lots 39 -41, First and Rochester, Part One, Iowa City, Iowa ( "easement areas "). The Grantor further grants the following rights in connection with the above: 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 Hickory Pointe subdivision (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. The 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 the Grantor shall not erect or construct any structure, reservoir, retaining wall or other obstruction on said areas. No permanent dwellings or trees shall be placed on the areas so designated for utility easement but, with advance written authorization from the Grantee's representatives, the same may be used for gardens, shrubs, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. Grantee's rights, however, include the right to remove and /or clear away any such landscaping improvements within the easement areas without compensation to Grantors or their successors in interest. 1V -2- l SIGNED this �_� day of f (. 12009. GRANTOR STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this day of 2009 by Casey J. Boyd as a Member of Casey Boyd, LLC. Public in and Sash E. Swartzendruber i CommWon Number 712284 ow MYCommisstonExpires ® August 30, 2010 1� PUBLIC ACCESS AND FIRE APPARATUS EASEMENT AGREEMENT HICKORY POINTE A RESUBDIVISION OF LOTS 39 — 41, FIRST AND ROCHESTER, PART ONE IOWA CITY, IOWA For the sum of One Dollar and other valuable consideration, the undersigned owner, Casey Boyd, LLC ( "Owner "), hereby grants to the public and to the City of Iowa City (the "City "), a perpetual public access easement and City service access easement upon, over, under, along and across the area designated as "20.0' Wide Common Access Easement ", as shown on the Final Plat of Hickory Pointe, a Resubdivision of Lots 39 -41, First and Rochester, Part One, Iowa City, Iowa, hereafter described as "easement area ". This easement grants to the City and its service vehicles, employees and agents, a means of ingress, egress, and passage over the access easement area for all official acts and City services. In addition, the Iowa City Fire Department is hereby officially granted an access easement with the right of access over and across the easement area, which includes the right of vehicular turn - around and non - emergency access and posting for purposes of enforcing fire safety standards under the Uniform Fire Code, as amended. This easement grants the Iowa City Police Department authority 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 to the public for such authorization to the City's police department under the Code of Iowa, as amended. Owner shall place this easement agreement of record as its sole obligation to notify all persons who may improperly park on said easement/access areas. 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. Owner agrees 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 Owner 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 Owner, its successors in interest and assigns, reserve the right to use said easement areas for purposes which will not interfere with Grantee's full enjoyment of \V rights granted; provided, however the Owner shall not erect or construct any structure, reservoir, retaining wall or other obstruction on said areas. Notwithstanding the foregoing, the Owner, 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 Owner, or its successors and assigns, may convey the easement area to the Association or may submit it to a condominium regime, either of which conveyance will be subject to this Agreement as a covenant running with the land. Owner hereby covenants with the City that it is lawfully seized and possessed of the real estate above described, and Owner has a good and lawful right to convey it, or any part thereof. This easement shall inure to the benefit of and bind the successors and assigns. All covenants shall apply to and run with the land and with the title to the land. MA Dated this /�y� day of _ yi2/ 2009. r STATE OF IOWA ss: COUNTY OF JOHNSON This instrument was acknowledged before me on this day of Mai 2009 by Casey J. Boyd, as a Member of Casey Boyd, LLC. Notary Public in and ] said State WMI deu6er r 712284ires 0 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIilllllllllllllllllllllllli Doe ID: 021857900006- Tvpe:— pEN - -- Reoorded: 06/16/2010 at 02:46:26 PM Fee Amt: $34.00 Peas i of 6 Johnson Countv Iowa Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City,lA Kim Painter county Recorder 319- 356 -5230 52240 BK4604 P6971 -976 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, APRIL 14, 2010 EMMA J. HARVAT HALL ° MEMBERS PRESENT: Caroline Sheerin, Barbara Eckstein, Will Jennings, RObe Anderson1°. 1 Le Ann Tyson ut c _ MEMBERS ABSENT: None. =° j y 3 STAFF PRESENT: Sara Greenwood, Sarah Walz, co '_ OTHERS PRESENT: Jeff Clark, Geoff Franzenburg, Yasser Gaber, Mohamed Hassanein SPECIAL EXCEPTION ITEMS: 1. EXC10- 00001: An application submitted by Jeff Clark for a special exception to allow off - site parking in a municipal parking facility to satisfy the minimum parking requirements for a mixed use building to be constructed in the Central Business (CB -10) zone at 225 South Gilbert Street. Findings of Fact: The Board finds that the subject use is located in the Central Business (CB -10) zone. The Board finds that the proposed residential apartments require 24 parking spaces, and that the applicant will provide 8 spaces on site with the remaining 16 spaces to be provided in the Chauncey Swan public parking ramp located on College Street. The Board finds that the 8 on -site parking spaces will be reserved for specific tenants, while the 16 off -site spaces are not reserved but exist as permits to park in the ramp on a first -come first - served basis. The Board finds that the applicant has submitted an aerial photograph showing that the subject property is within 500 feet of the Chauncey Swan municipal parking ramp, and that the code has no maximum distance restrictions for off -site parking if it is provided in a municipal ramp. The Board finds that the pedestrian route from the proposed apartment building to the municipal ramp is along the public sidewalk and includes a controlled intersection at the intersection of Gilbert and College Streets. The Board finds that the Director of Transportation Services has indicated in writing that the 16 spaces requested by the applicant are available in the form of 16 parking permits for long -term use. The Board finds that there are 475 spaces in the Chauncey Swan ramp: 400 permits are issued on annually; 75 spaces remain open for general use. The Board finds that the Director of Transportation Services has indicated that the ramp is rarely at capacity and that parking demand and permit requests for this and other ramps are evaluated annually. The Board finds that the required written agreement between the applicant and the City regarding the long -term retention of the off - parking has not been submitted. The Board finds that all utilities, access roads, drainage and other facilities are already in place for the parking facility as well as the proposed mixed use building. \V Conclusions of Law: Because the proposed apartments are located in the CB -10 zone, the Board concludes that up to 100% of the required parking spaces may be provided in a municipal ramp. Because the proposed off -site parking is provided in a municipal parking ramp, the Board concludes that the parking is not subject to the location (14- 5A- 4F(b)), zoning (14- 5A- 4F(c)), or shared use (14- 5A- 4F(d)) criteria for the special exception. The Board concludes thatliTS21 the proposed off -site parking location is appropriate because the pedestrian route from the apartments to the ramp is along the public sidewalk and because there is a controlled crossing at the intersection of Gilbert and College Streets. Because the ramp is already established, the Board concludes that the proposed off -site parking will have no impact on the streetscape or neighboring property; 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 tlsesp same reasons and because there is adequate space available in the ramp, the Board concludes, that the special exception will not impede the normal and orderly developr�rif�argi J" improvement of surrounding property for uses permitted in the CB -10 zone for these s me reasons, and because the public ramp is designed specifically for high- vottacne. parking, 1 Board concludes that safe ingress and egress are provided and that the special eX ept ion - will not be detrimental to or endanger the public health, safety, comfort, orgeneral_welfare. For these same reasons, the Board concludes that the proposed exception conforms to all other applicable regulation or standards of the CB -10 zone. The Board concludes that in order to satisfy the code requirement regarding the covenant for off -site parking, the applicant must submit a written agreement with the City for the long- term lease of 16 parking permits for Chauncey Swan as part of the building permit application. The terms of the covenant must make it clear that residents of the subject property have priority in obtaining the parking permits and that the applicant should not mark up the price of said permits. Disposition: By a vote of 5 -0 the Board approves EXC10- 00001, an application submitted by Jeff Clark for a special exception to allow up to 16 parking spaces in a municipal parking facility to satisfy the minimum parking requirements for a mixed use building to be constructed in the Central Business (CB -10) zone at 225 South Gilbert Street, subject to the following conditions: • All approved spaces will be provided in the Chauncey Swan Ramp according to the terms set by the Director of Transportation Services; and a The applicant must submit the required covenant for off -site parking prior to securing a building permit. Such covenant shall run with the land and bind Applicant's successor in interest and be recorded with the Johnson County Recorder at applicant's expense. It shall require applicant to give priority to residents of the subject property when subleasing or distributing the parking permits. It shall also prohibit applicant from subleasing the permits to tenants or other third parties at a rate in excess of that which the applicant pays to lease the permits from the City. 2. EXC10 -00002 —Public hearing regarding an application submitted by Quality Associates for a special exception to reduce the minimum off - street parking requirements for a business located in the General Industrial (1 -1) zone at 2630 Independence Road. I/ Findings of Fact: The Board finds the applicant has provided a statement indicating that at peak capacity, the packaging facility will rely on two shifts of employees: 95 workers on first shift and 85 workers on second shift, with a one -half hour offset between shifts to control congestion at the facility. The Board finds that the warehouse space allocated to Proctor & Gamble is for inventory only and therefore has only a limited number of employees present in the facility on an occasional basis. The Board finds that there is sufficient space on -site to construct all the required parking spaces should the use expand in the future and that the Applicant has agreed to reserve such space for future parking, should the need arise. The Board finds that the final site plan has not yet been reviewed by the Building Official to ensure that the parking proposal is in compliance with all other requirements of the zoning code, and that approval of the site plan is required in order for the applicant to secure a certificate of occupancy for the building. The Board finds that the Comprehensive Plan identifies this area of the City as appropriate for industrial uses. The Board finds that all necessary access roads, utilities.and drainage are already in place to serve the industrial area in which the proposed use is located. The Board finds that Independence Road is designed for industrial use and provides access to Highway 6 via a signalized intersection, and that all access drives for the site are signed to support this level of traffic. Conclusions of Law: Because Independence Road is designed for industrial uses and provides access to Highway via(ITS31 a signalized intersection and because all access drives for the site are designed to support the proposed level of industrial traffic, the Board concludes that adequate measures have been taken to provide ingress and egress designed to minimize traffic congestion on public streets. Based on the number of employees anticipated for the two shifts (95 max.), the Board concludes that the use has unique characteristics such that 211 required parking spaces required is excessive. For the reasons cited above and because the applicant proposes to build 142 spaces and reserve space to allow construction of an additional 69 spaces (total 211 spaces) if needed, 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. For these same reasons the Board concludes that granting the parking reduction 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. Disposition: By a vote of 5 -0 the Board approves the requested parking reduction, subject to the following conditions: • The applicant must land bank an area sufficient to provide the additional 69 spaces that would ordinarily be required. This area should be indicated on the final site plan. • Final site plan approval by the Building Official for the proposed 142 -space parking area. • The parking reduction is limited to Quality Associates and the proposed --use oftliie property as described in this application. a r3 a c. r . �y 3. EXC10- 00003: An application submitted by Yaser Gaber for a special exception to allow the establishment of a vehicle repair use in the Community Commercial (CC -2) zone at 1911 Keokuk Street. Findings of Fact: The Board finds that the subject property is located in the CC -2 zone, more than 600 feet from the nearest residential zone. The Board finds that the vehicle repair use area is to be located at the rear (west side) of the property, with the vehicle storage area behind the building, and that the applicant has indicated that the vehicles will not be stored on the property for more than 45 days. The Board finds that the proposed vehicle storage area is visible from the adjacent commercial property to the north and the Highway 6 right - of -way. The Board finds that the South District Plan shows this and surrounding properties as General Commercial and does not anticipate major changes to the area. The Board finds that adequate access roads, drainage, and other necessary facilities are already in place to surround this commercial area and that the proposed site plan shows compliance with the maximum curb cut standards and that transportation planners have reviewed the site and found no traffic problems associated with it. N GJ The Board finds that the change of use proposed for the property requires; the applicant to bring the site into compliance with the zoning code with regard to the design of parking' areas, drives, and landscape screening. The Board finds that the applicant s- proposed site, plan shows the required 10 -foot setback from the public right -of -way on boto f�side7-pf tho- entry drive with required S2 low landscape screening on the east and north, sides -oaf then q parking areas. The Board finds that the west property line is within a sanitary sewer easement, and the submitted site plan shows the required S -5 fence screening located within the easement area. The Board finds that the City has recommended that no) landscape screening be planted in the easement area as it may need to be removed in order to conduct maintenance and repairs to the sewer line. The Board finds that the Building Official has not approved the final site plan and that an approved site plan is required in order for the applicant to secure an occupancy permit for the building. Conclusions of Law: Because the proposed vehicle storage area is located behind the building, the Board concludes that the use will be concealed from public view along the Keokuk Street right -of -way. Because the vehicle storage is in view of the Highway 6 right -of- way and the adjacent commercial property to the north, the Board concludes that S3 tall landscape screening is required along the property line to the north of the vehicle storage area. Based on the submitted site plan showing all other required screening for the site, the Board concludes that the proposed vehicle use areas that abut the public right -of -way will be set back at least 10 feet from the public right -of -way and landscaped according to the S2 standard. Because the west property line is located within a sanitary sewer easement, which muchlirs4l be maintained by the City, the Board concludes that the required S3 landscaping along the west site of the vehicle storage area cannot be expected to thrive, and therefore this requirement should be waived and instead the screening requirement can adequately be met instead by the installation and maintenance of a 6 -foot high (S5) solid fence. The Board concludes that the small amount of required landscaping along the south property line cannot be expected to thrive due to the layout of the building on the site, which limits access to this portion of the property, and therefore the screening requirement in this area should be waived. Because the applicant has indicated his preference to place the required fencing I� within the sanitary sewer easement, the Board concludes that the applicant should sign an agreement indicating that the City will not be held responsible for repairing or replacing the fence if it is damaged in the process of maintaining or repairing the sanitary sewer line. Because the applicant is required to bring the site into compliance with the zoning code, including improvements to the parking areas, drives, pedestrian ways, and entrances to the site, the Board concludes that the proposed use will not be detrimental or endanger the public health, safety, comfort, or general welfare. Based on the location of the vehicle storage area behind the building along with the required screening proposed by the applicant and additional screening recommended by staff as described above, the Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity; will not substantially diminish or impair property values in the neighborhood; and will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. DISPOSITION: By a vote of 4 -0 (Sheerin absent) the board approved the application to allow the vehicle repair use and waived the requirement for S3 landscape screening standards on the west and south sides of the vehicle storage area subject to the following conditions: • The applicant must secure a building permit to establish the change of use on the property; • Approval of a final site plan by the Building Inspector to ensure compliance with all requirements in the zoning code; o • The required S5 opaque fence or wall along the west and south side ofyehicle_�torage area should be a minimum of 6 feet in height to screen the Vehicle Stora • S3 (tall) landscape screening shall be provided along the property line -north dithe vehicle storage area, between the parking area and the adjacent commercial; property, fn-il order to screen the use from the Highway 6 right -of -way; ry T+ • If fencing is to be installed within the sanitary sewer easement, the applicantc6ust provide a signed agreement stating that the City will not be responsible for repairing or replacing any portion of the fence that is damaged when the City maintains or repairs the sewer. The agreement must be on file prior to the City issuing a certificate of occupancy. 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 Ciiy),low�a. Approyed by:prs5) City Attorney's Office 11-�- 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 /// th day of , 2010, as the same appears of record in my Office. Dated at Iowa City, this /je- day of rL4c —,20 /a Maria K. Karr, City Clerk 1f)-/ N CORPORATE SEAL r e 1f)-/ r6f� Doc ID: 021842120029 Type: GEN Kind: RESOLUTION Recorded: 06/03/2010 at 02:33:56 PM Fee Amt: $149.00 Page 1 01 29 Johnson County Iowa Kim Painter Countv Recorder •. • I &01 WA STATE OF IOWA JOHNSON COUNTY ) ) SS i r I -1 Cfty OP C` 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. 10 -137 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 27th day of April, 2010, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 2nd day of June, 2010. Marian 1Z. Karr City Clerk fires CORPORATE SEAL 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 • FAX (319) 356 -5009 10 1• 1 Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248 RESOLUTION NO. 10 -137 RESOLUTION DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING THE MOSS GREEN URBAN VILLAGE URBAN RENEWAL PLAN THEREFOR. WHEREAS, the Council has reasonable cause to believe that the area described below satisfies the eligibility criteria for designation as an urban renewal are under Iowa law; and WHEREAS, a proposed Moss Green Urban Village Urban Renewal Plan for the area described below has been prepared, which proposed Plan is on file in the office the City Clerk and which is incorporated herein by reference; and WHEREAS, this proposed Urban Renewal Plan includes and consists of: MOSS -GREEN URBAN VILLAGE A pall of the subdivision of the Northeast One - Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, as recorded in Plat Book 1 at Page 11 in the Records of the Johnson County Recorder, Johnson County, Iowa, more particularly described as follows: Lots Four (4), Five (5) and Ten (10) and the South nine (9) acres of Lot Six (6), and the South 12 -1/2 acres of Lot Eight (8), all of the subdivision of Northeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, containing 60.67 acres, more or less. And All of the Northeast Quarter of the Southeast Quarter, a part of the Southeast Quarter of the Southeast Quarter lying North of the Interstate 80 Right -of -Way line and the East 63.75 acres of the West Half of the Southeast Quarter lying North of the Interstate 80 Right -of -Way line, all of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, being more particularly described as follows: BEGINNING at the East Quarter Corner of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 00 °46'46" East, a distance of 1,980.54 feet to the North Right -of -Way line of Interstate 80; THENCE South 82 °24'15" West, along the North Right -of -Way line of Interstate 80, a distance of 646.23 feet; THENCE continuing west along the North Right -of -Way line of Interstate 80, North 88 °11'05" West, a distance of 1,731.77 feet; THENCE North 00 °54'55" West, a distance of 2,023.65 feet to the North line of the Southeast Quarter of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; -1- THENCE South 89 °41'57" East, along said North line of the Southeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, a distance of 2,376.88 feet to the POINT OF BEGINNING, containing 111.22 acres, more or less. HILLS BANK & TRUST and NEAL N. LLEWELLYN: The Southwest Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa and that portion of The Southeast Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa lying West of Iowa Highway 1 (North Dodge Street) containing 71.35 acres, more or less. WHEREAS, it is desirable that these areas be redeveloped as pail of the overall redevelopment area covered by said proposed Urban Renewal Plan to be known hereafter as the "Moss Green Urban Village Urban Renewal Plan;" and WHEREAS, the Iowa statutes require the City Council to submit the proposed Moss Green Urban Village Urban Renewal Plan to the Planning and Zoning Commission for review and recommendation as to its conformity with the General Plan for development of the City as a whole, prior to City Council approval of such urban renewal project and an urban renewal plan therefore; and WHEREAS, creation of the Moss Green Urban Village Urban Renewal Plan Area and adoption of the Moss Green Urban Village Urban Renewal Plan therefore has been approved by the Planning and Zoning Commission for the City as being in conformity with the general plan for development of the City as a whole, as evidenced by its written report filed herewith and incorporated herein by the reference; and WHEREAS, as the proposed urban renewal area includes land classified as "agricultural land" under Iowa Code Section 403.17(10), written permission of the current owners has been obtained; and WHEREAS, by a resolution adopted on March 23, 2010, this Council directed that a consultation be held with the designated representatives of all affected taxing entities to discuss the proposed Moss Green Urban Village Urban Renewal Plan and the division of revenue described therein, and that notice of said consultation and a copy of the proposed Moss Green Urban Village Urban Renewal Plan be sent to all affected taxing entities; and WHEREAS, pursuant to such notice, the consultation was duly held as ordered by the City council and all required responses to the recommendations made by the affected taxing entities, if an, have been timely made as set forth in the report of the Economic Development Coordinator filed herewith and incorporated herein by the reference, which report is in all respects approved; and WHEREAS, by said resolution this Council also set a public hearing on the adoption of the proposed Moss Green Urban Village Urban Renewal Plan for this meeting of the Council, and due and proper notice of said public hearing was given, as provided by law, by timely publication in the Iowa City Press Citizen, which notice set forth the time and place for this hearing and the nature and propose thereof; and -2- WHEREAS, in accordance with said notice, all persons or organizations desiring to be heard on said proposed Plan, both for and against, have been given an opportunity to be heard with respect thereto and due consideration has been given to all comments and views expressed to this Council in connection therewith and said public hearing has been closed. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the findings and conclusions set forth or contained in the proposed "Moss Green Urban Village Urban Renewal Plan" for the area of the City of Iowa City, Iowa legally described and depicted in the Plan and incorporated herein by reference (which area shall hereinafter be known as the "Moss Green Urban Village Urban Renewal Plan Area "), be and the same are hereby adopted and approved as the findings of this Council for this area. Section 2. This Council further finds that the Moss Green Urban Village Urban Renewal Plan conforms to the general plan for the development of the City as a whole. Section 3. That the Moss Green Urban Village Urban Renewal Plan Area is an economic development area within the meaning of Iowa Code Chapter 403; that such area is eligible for designation as an urban renewal area and otherwise meets all requisites under the provisions of Chapter 403 of the Code of Iowa; and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of this City. Section 4. That the Moss Green Urban Village Urban Renewal Plan, attached hereto as Exhibit A and incorporated herein by reference, be and the same is hereby approved and adopted as the "Moss Green Urban Village Urban Renewal Plan for the Moss Green Urban Village Urban Renewal Plan Area'; the Moss Green Urban Village Urban Renewal Plan for such area is hereby in all respects approved; and the City Clerk is hereby directed to file a certified copy of said Moss Green Urban Village Urban Renewal Plan with the proceedings of this meeting. Section 5. That the Moss Green Urban Village Urban Renewal Plan for the Moss Green Urban Village Urban Renewal Plan Area shall be in full force and effect from the date of this resolution until the later of the date of termination set forth in the Moss Green Urban Village Urban Renewal Plan or the date on which payment of all obligations issued or advances made to carry out the purposes thereof shall be fully provided for. Said Moss Green Urban Village Urban Renewal Plan shall be forthwith certified by the City Clerk, along with a copy of this Resolution, to the Recorder for Johnson County, Iowa, to be filed and recorded in the manner provided by law. PASSED AND APPROVED this 27th day of April 2010. 0 EXHIBIT A Moss Green Urban . • • CITY OF IOWA CITY, IOWA APRIL, 2010 �3 Table of Contents Section 1 - Introduction Section 2 - District Designation Section 3 - Base Value Section 4 - Urban Renewal Plan Objectives Section 5 - Description of Urban Renewal Area Section 6 - Type of Urban Renewal Activities Section 7 - Proposed Projects Section 8 - Conformance with Land Use Policy and Zoning Ordinance Section 9 - Relocation of Families Section 10 - Financial Data Section 11 - Urban Renewal Plan Amendments Section 12 - Property Acquisition/ Disposition Section 13 - Consent to Include Agricultural Land Section 14 - Effective Period Addendum No.1 - Legal Description Addendum No. 2 - Moss Green Urban Village Urban Renewal Project Area Map Addendum No. 3 - Agricultural Land Consents 04 1 f� 1. Introduction This Urban Renewal Plan has been developed to help local officials promote economic development in Iowa City, Iowa. The primary goal of the plan is to stimulate, through public involvement and commitment, private investment in new commercial and industrial development. The goals outlined in this Moss Green Urban Village Urban Renewal Plan include the following, which are also goals included in the Iowa City Comprehensive Plan - 1997, as amended: • Diversify and increase the property tax base by (1) encouraging the retention and expansion of existing industry and (2) attracting industries that have growth potential and are compatible with existing businesses; • Increase employment opportunities consistent with the available labor force; • Provide and protect areas suitable for future industrial and commercial development; • Cooperate with local and regional organizations to promote economic development within Iowa City; • Improve the environmental and economic health of the community through the efficient use of resources; and • Consider financial incentives and programs to facilitate achieving the above goals. In order to make development sites attractive to new and expanding firms, communities are frequently called upon to provide financial incentives and programs. Other development sites in the region, which already cater to commercial, office, research, light production, and assembly uses, make tax increment financing available to qualifying businesses. As is consistent with the Iowa City Comprehensive Plan, the City has concluded it is in the interest of its citizens to encourage the development of commercial, office and research development zoned land in order to provide competitive development sites for commercial, office, research, light production and /or assembly uses. To assist with ensuring that this type of development site is competitive, the City intends to make available the use of tax increment financing as a means to finance the construction of some of the necessary public infrastructure improvements within the Moss Green Urban Village Urban Renewal Plan Area, referred to hereafter in this Plan as the Urban Renewal Project Area or Area. In addition, the City may make available the use of tax increment financing to provide direct grants, loans or rebates for qualifying businesses planning to locate in the Urban Renewal Project Area. 3 1> To achieve the primary objectives of this Plan, the City of Iowa City shall undertake the urban renewal actions as specified in this Urban Renewal Plan, pursuant to the powers granted to it under Chapters 15A and 403 of the 2009 Code of Iowa, as amended. 2. District Designation With the adoption of this plan, Iowa City will designate this Urban Renewal Area as an economic development district that is appropriate for commercial and industrial development. 3. Base Value If the Moss Green Urban Village Urban Renewal Area is legally established and debt is certified prior to December 1, 2010, the taxable valuation within the district as of January 1, 2009 will be considered the "base valuation'. If the debt is not certified until a later date, the "base value" will be the assessed value of the taxable property in the Urban Renewal Area as of January 1 of the calendar year preceding the calendar year in which the City first certifies the amount of any debt. 4. Urban Renewal Plan Objectives The overall goal of the Moss Green Urban Village Urban Renewal Plan is to formulate and execute a workable program using public and private resources to develop the Urban Renewal Project Area for uses generally allowed in commercial, office and research park zones. Renewal activities are designed to provide opportunities, incentives and sites for commercial and industrial development. Objectives for development in the Urban Renewal Area include: • To encourage and support development that will expand the taxable values of property within the Urban Renewal Project Area; • To plan for and provide sufficient land for new commercial and industrial development in a manner that is efficient from the standpoint of providing services; • To help finance the cost of constructing street and other infrastructure improvements to support new development; • To stimulate, through public action and commitment, private investment in new commercial and industrial development; • To encourage and support development that will result in job creation; • To encourage the use of green technologies in infrastructure development, land use and new buildings; • To encourage the development of start -up firms and the attraction of new businesses; • To provide for the orderly physical and economic growth of the city; 4 1� • To enhance the availability of sites to accommodate the construction of industrial, commercial, office, research park and associated uses; • To assist with the provision of infrastructure to enable competitive land prices and lease rates and thereby provide a more marketable and attractive investment climate; • To make public improvements as deemed necessary by the City to support new industrial, commercial, office, research park and associated uses; and • To provide financial incentives and assistance to qualifying businesses. 5. Description of Urban Renewal Area The legal description of this proposed Urban Renewal Project Area is included in the Plan as Addendum No.1 - Legal Description. The location and general boundaries of the Moss Green Urban Village Urban Renewal Plan Area are shown on Addendum No. 2 - Location Map: Moss Green Urban Village Urban Renewal Project Area. This area is approximately 243 acres. 6. Types of Urban Renewal Activities To meet the objectives of this Urban Renewal Plan and to encourage the development of the area, the City intends to utilize the powers conferred under Iowa Code Chapters 15A and 403 (2009) and financial incentives, including, but lot limited to, tax increment financing. Activities may include: 1. To undertake and carry out urban renewal projects though the execution of contracts and other instruments. 2. To make or have made surveys and plans necessary for the implementation of the Urban Renewal Plan or specific urban renewal projects. 3. To make loans, forgivable loans, grants, or rebates to private persons or businesses for economic development purposes on such terms as may be determined by the Iowa City Council, in its sole discretion. 4. To provide for the installation of infrastructure and roadway improvements. 5. To use any or all other powers granted by the Urban Renewal Act to develop and provide for improved economic conditions in Iowa City. 6. To encourage the incorporation of energy efficient building techniques such as those specified in the Iowa Green Building Standards, or those attaining 5 i3 LEED certification, through the use of tax increment financing, in the sole discretion of the City Council. 7. Proposed Projects Proposed projects involve activities necessary to facilitate growth in the Urban Renewal Area and provide incentives to encourage new development to locate in the area. Projects including water, sewer, street and other infrastructure may be constructed. In addition, the City may consider providing direct or indirect financial incentives to private persons or businesses as incentives to locate in the Area. Private Site Improvements Lot development may include, but is not limited to, design and construction of buildings and building additions, grading for building construction and amenities; paving and parking; landscaping; and on -site utilities. Tax increment financing may be granted to be used by qualifying businesses to finance private site improvements. Businesses incorporating energy efficient building techniques such as those specified in the Iowa Green Building Standards, or those attaining LEED certification may be eligible for additional tax increment financing, in the sole discretion of the City Council. Public Infrastructure Improvements Public infrastructure improvements may include, but are not limited to, public streets and sidewalks, sanitary sewers, storm sewers, water distribution mains and open space improvements. Tax increment financing may be available to finance the construction of these improvements, at the City Council's discretion. Financial Incentives At the City Council's discretion, tax increment financing may be available for providing direct grants, loans, or rebates for those qualifying businesses engaged in commercial, industrial, office, research park and associated use activities allowed in the Urban Renewal Project Area. The funds from the direct grants, loans, or rebates may be used for, but are not limited to, financing the public and private site improvements. Qualifying businesses and improvements shall be determined by the City Council in its sole discretion. 6 0 1 8. Conformance with Land Use Policy and Zoning Ordinance Comprehensive Plan The Urban Renewal Project Area is part of the area near the I -80 interchange with Highway 1. The Iowa City Comprehensive Plan states that this area... ...provides one of the few opportunities for office research park development in Iowa City. National Computer Systems (now Pearson) (within the North Corridor Planning District) and ACT (south of I -80 in the North Corridor Planning District) are successful examples of this type of development. With the tone set by these two companies and the advantages of interstate exposure, land around this interchange should continue to be preserved for office research park and research development park opportunities. Iowa City has a general plan for the physical development of the City outlined in both the Iowa City Zoning Ordinance and the Iowa City Comprehensive Plan - 1997, as amended. The goals and objectives of this Urban Renewal Plan are consistent with the goals and land use policy contained in the Zoning Ordinance and Comprehensive Plan, which were identified and adopted as part of the planning process. Current Zoning The Project Area's present zoning designation is ID -ORP, Interim Development - Office Research Park, and is consistent with this Urban Renewal Plan. The proposed zoning, whether Office Research Park (ORP) or Research Development Park (RDP), is also consistent with this Plan. Current and Proposed Land Uses The area is comprised of approximately 243 acres of developable land. The proposed land uses include commercial, industrial, office, research, light production, and /or assembly purposes, which are consistent with the proposed zoning. 9. Relocation of Families Though the Moss Green Urban Village Urban Renewal Plan does not anticipate the need to relocate families, as there is no current residential area within the Plan, in the event that such needs arise the City will consider provisions for the relocation of persons, including families, business concerns and others who could be displaced as a result of improvements to be made in the designated Urban Renewal Project Area. 7 10. Financial Data Constitutional Debt Limit: $ 218,695,116 2. Current general obligation debt: $ 84,995,000 3. Proposed amount of indebtedness to be incurred: A specific amount of tax increment debt to be incurred (including direct grants, loans, advances, indebtedness, or bonds) for projects over time has not yet been determined. The City Council will consider each request for financial assistance or a project proposal on a case -by -case basis to determine if it is in the City's best interest to participate. It is estimated that the City's cost for initial anticipated projects discussed herein will be in the $10 to $15 million range. 11. Urban Renewal Plan Amendments This Urban Renewal Plan may be amended from time to time to include change in the area, to add or change land use controls or regulations, to modify goals or types of renewal activities, or to amend property acquisition and disposition provisions. If the City of Iowa City desires to amend this Urban Renewal Plan, it may do so after providing public notice, holding a public hearing on the proposed change, and undertaking other required actions, all in conformance with applicable state and local laws. 12. Property Acquisition/Disposition Other than easements and right -of -ways, no property acquisition by the City is anticipated. 13. Consents to Include Agricultural Land As the Moss Green Urban Village Urban Renewal Area contains land that is being used for agricultural purposes as defined by Iowa Code Section 403.17(3), the property owners of such land have executed consents to allow the City to include real property defined as "Agricultural Land" within the Urban Renewal Area. These Consents are attached as Addendum No. 3. 14. Effective Period This Urban Renewal Plan will become effective upon its adoption by the City Council of Iowa City and will remain in effect as a plan until it is repealed by the City Council. With respect to any property covered by this plan which is included in an ordinance which designated that property as a tax increment area, the use of incremental property tax revenues, or the "division of revenue', as those words are used in Chapter 403 of the Code of Iowa, is limited to twenty (20) years from the calendar year following the calendar year in which the City first certifies to the County Auditor the amount of any grants, loans, advances, indebtedness or bonds which qualify for payment from the incremental property tax revenues attributable to that property. However, the use of tax increment financing revenues (including the amount of grants, loans, advances, indebtedness or bonds which qualify for payment for the division of revenue provided in Section 403.19 of the Code of Iowa) by the City for activities carried out under the Urban Renewal Plan shall be limited as deemed appropriate by the Council and consistent with all applicable provisions of law. ��J Addendum No.1 Legal Description of the Proposed Urban Renewal Project Area Consisting of a tract of land described as follows: MOSS -GREEN URBAN VILLAGE A part of the subdivision of the Northeast One - Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, as recorded in Plat Book 1 at Page 11 in the Records of the Johnson County Recorder, Johnson County, Iowa, more particularly described as follows: Lots Four (4), Five (5) and Ten (10) and the South nine (9) acres of Lot Six (6), and the South 12 -1/2 acres of Lot Eight (8), all of the subdivision of Northeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, containing 60.67 acres, more or less; and All of the Northeast Quarter of the Southeast Quarter, a part of the Southeast Quarter of the Southeast Quarter lying North of the Interstate 80 Right -of -Way line and the East 63,75 acres of the West Half of the Southeast Quarter lying North of the Interstate 80 Right -of -Way line, all of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, being more particularly described as follows: BEGINNING at the East Quarter Corner of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 00 °46'46" East, a distance of 1,980.54 feet to the North Right -of -Way line of Interstate 80; THENCE South 82 °24'15" West, along the North Right -of -Way line of Interstate 80, a distance of 646.23 feet; THENCE continuing west along the North Right -of -Way line of Interstate 80, North 88 °11'05" West, a distance of 1,731.77 feet; THENCE North 00 °54'55" West, a distance of 2,023.65 feet to the North line of the Southeast Quarter of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 89 °41'57" East, along said North line of the Southeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, a distance of 2,376.88 feet to the POINT OF BEGINNING, containing 111.22 acres, more or less; and HILLS BANK & TRUST and NEAL N. LLEWELLYN: The Southwest Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa and that portion of The Southeast Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa lying West of Iowa Highway 1 (North Dodge Street) containing 71.35 acres, more or less. 10 0 1 • 1' fJ 0 Ho �l Addendum No. 3 Property Owners' Consents to Include Agricultural Property Within Proposed Urban Renewal Project Area 12 CONSENT TO INCLUSION OF PROPERTY IN URBAN RENEWAL PLAN The undersigned, Neal N. Llewellyn, is the owner of an undivided one half interest in the real estate described as Parcel 1D Numbers 0736251001 and 0736276001 and legally described on Exhibit "A" attached hereto and by this reference incorporated herein, The undersigned, pursuant to the provisions of Chapter 403.17(10) of the Code of Iowa, does hereby consent to inclusion of the real estate described on Schedule "A" in the Economic Development Urban Renewal Area pursuant to the urban renewal plan for the area to be designated as Moss - Green Urban Village. +C 1 Dated this J— ""a day of r ^", 2010. z Neal. N. Llewel yn, STATE OF IOWA )SS: COUNTY OF JOHNSON ) rj This instrument was acknowledged before me on Mash 2010 by Neal, N. Llewellyn. / Notary Public in and for the State of Iowa KATHERINE A. CHRISTENSEN Commission Number 708/32 My Commission Expires 22, 2 10 0 EXHIBIT "A" The Southwest Quarter of the Northwest Quarter of Section 36, Township 80 North, Range'6 West of the Fifth Principal Meridian, Johnson County, Iowa and that portion of the Southeast Quarter of the Northwest Quarter. of -Section 36,. Township 80 North, Range 6 West of the Fifth Principal Meridan, Johnson County, Iowa lying West of Iowa Highway l (North Dodge Street) containing 71.35 acres, more or less.. Page -1 of 2 1 1 i i I RXHIBI:T "A" xn Ng .. bQo g G� i }lade 2 0£ 2 Ra CONSENT TO INCLUSION OF PROPERTY IN URBAN RENEWAL PLAN The undersigned, Hills Bank and Trust Company as Trustee of the Otologic Medical Services, PC 401(k) Profit Sharing Plan F /B /O Guy E. McFarland, is the owner of an undivided one half interest in the real estate described as Parcel ID Numbers 0736251001 and 0736276001 and legally described on Exhibit "A" attached hereto and by this reference incorporated herein. The undersigned, pursuant to the provisions of Chapter 403.17(10) of the Code of Iowa, does hereby consent to inclusion of the real estate described on Schedule "A" in the Economic Development Urban Renewal Area pursuant to the urban renewal plan for the area to be designated as Moss - Green Urban Village. rh �,I Dated this 5 day of 2010. HILLS BANK AND TRUST COMPANY, AS TRUSTEE OF THE OTOLOGIC MEDICAL SERVICES, PC 401(K) PROFIT SHARING PLAN F /B /O GUY E. MCFARLAND By: Brian R. Globokar, Trust Officer STATE OF IOWA } PQIal s� BRAOtti lOENS My Commission Expires COUNTY OF JOHNSON Com mission #730893 f%nY This instrument was acknowledged before me on Mareh S 2010 by Brian R. Gl.obokar as Trust Officer of Hills Bank and Trust Company as Trustee of the Otologic Medical Services, PC 401(K) Profit Sharing Plan F /B /O Guy E. McFarland. AO_ J NotaryrfuKic in and for the State of Iowa kam /LLC /Eco4Partner /Consentliills 1�� EXHIBIT 'A" The Southwest Quarter of the Northwest Quarter of Section 36, Township 80 North, Range' 6 West of the Fifth Principal Meridian, Johnson County, Iowa and that portion of the Southeast Quarter of the Northwest Quarter. of Section 36,. Township 80 North, Range 6 West of the Fifth Principal. Meridan, Johnson County, Iowa lying West of Iowa Highway 1 (North Dodge Street) containing 71.35 acres, more or less.. page 1 of 2 ' '9J I t 1' i i i i t i i 1 I EXHIBIT "Att. Page 2 of 2 CONSENT TO INCLUSION OF PROPERTY IN URBAN RENEWAL PLAN The undersigned, Stephen A. Moss and David G. Moss, are the owners of real estate legally described on Exhibit "A" attached hereto and by this reference incorporated herein. The undersigned, pursuant to the provisions of Chapter 903.17(10) of the Code of Iowa, does hereby consent to inclusion of the real estate described on Schedule "A" in the Economic Development Urban Renewal Area pursuant to the urban renewal plan for the area to be designated as Moss - Green Urban Village. Dated this '6 day of �` , 2010. AILI-Al�� Stephen A,kos,,s, n ' "�°� Sonya Moss STATE OF IOWA ) )SS: COUNTY OF JOHNSON ) This instrument yYlrtt�. '7 2010 h a< <s LAUREN E. JAHNS a4 ;Commission Number 759416 -' MyCQm Is$on xplres .owe dd S TAT )SS: COUNTY OF SWLDe-,W— ) David G. Moss Ja et A. Moss was acknowledged before me on y Stephen A. Moss. VOL c� _l� C- N&Ary Public in and for the State of Iowa This instrument was acknowledged before me on QPuQj 2010 by David G. Moss. c ,�5: `1 za w13 : NOTAR' otary Public in and for the State of Colorado cps •. PUBLIC /R V 1.. OF GO. t l�� STATE OF IOWA ) )SS: COUNTY OF JOHNSON ) �t�• This instrument was acknowledged before me on the �— day of 111Ccf, , 2010, by Sonya S. Moss. �, LAURENE . JAHNS ., 1 Comm1es10n Number 751" My ml on Expires 0 STATE OF COLORADO ) )SS: COUNTY OF Lt,i\cW -r Lary Public &h and for the State of Iowa This instrument was acknowledged before me on the day of ftril , 2010, by Janet A. Moss. 6 �, _ I.b mY ecynm,&s v) expxr,�: I-tp't 2` -"'r 20(-3 Notary Public in and for the State of Colorado tram /NNCD/ Corp/M ossgreenDevelopment /Consentgteve 01 Exhibit "All All that part of the east half of the southeast quarter of Section 35, Township 80 North, Range 6 West of the 5th P.M. lying north of the northerly right -of -way line of Interstate Highway 80. Page 1 of 2 1 i I i i i. i i ,• i EXHIBIT "A ". 5 Rpi za �V a9 R� �pRryb m Page 2 of 2 CONSENT TO INCLUSION OF PROPERTY IN URBAN RENEWAL PLAN The undersigned, Moss Farms, Inc., is the owner of real estate legally described on Exhibit "A" attached hereto and by this reference incorporated herein. The undersigned, pursuant to the provisions of Chapter 903.17(10) of the Code of Iowa, does hereby consent to inclusion of the real estate described on Schedule "A" in the Economic Development Urban Renewal Area pursuant to the urban renewal plan for the area to be designated as Moss - Green Urban Village. Dated this Z711)day of 4Z, 2010. MOSS By: Stephen A. Moss, President STATE, OF IOWA ) )SS: COUNTY OF JOHNSON ) This instrument was acknowledged *0A 2010 by Stephen A. Moss Moss Farms, Inc. KIMUEPI5R MOELLER s �Commission Number 727030 My on Tres Not ry Public ow th Rtat, before me on as Plr�es/�i�gdge�nt l� of in and for of Iowa 1 19 EXHIBIT "A" A part of the subdivision of the Northeast One- Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, as recorded in Plat Book 1 at Page 11 in the Records of the Johnson County Recorder, Johnson County, Iowa, more particularly described as follows: Lots Four (4), Five (5) and Ten (10) and the South nine (9) acres of Lot Six (6), and the South 12 -1/2 acres of Lot Eight (8), all of the subdivision of Northeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, containing 60.67 acres, more or less. And All of the Northeast Quarter of the Southeast Quarter, a part of the Southeast Quarter of the Southeast Quarter lying North of the Interstate 80 Right -of -Way line and the East 63.75 acres of the West Half of the Southeast Quarter lying North of the Interstate 80 Right - of -Way line, all of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, being more particularly described as follows: BEGINNING at the East Quarter Corner of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 00 °46146 "East, a distance of 1,980.54 feet to the North Right -of -Way line of Interstate 80; THENCE South 82 024115" West, along the North Right -of- Way line of Interstate 80, a distance of 646.23 feet; THENCE continuing west along the North Right -of -Way line of Interstate 80, North 88 °11'05" West, a distance of 1,731..77 feet; THENCE North 00 °54155" West, a distance of 2,023.65 feet to the North line of the Southeast Quarter of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 89 °41'57" East, along said North Line of the Southeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal, Meridian, Johnson County, Iowa, a distance of 2,376.88 feet to the point of beginning, containing 111.22 acres, more or less. Page 1 of 2 J/� I I i EXHIBIT "A". Page 2 of 2 ��L IIIIIIIIilllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Doc ID: 021851250009 Type: GEN Kind: RESOLUTION Recorded: 06/10/2010 at 03:37:51 PM Fee Amt: $49.00 Peas 1 of 9 Johnson Countv Iowa Kim Painter Countv Recorder BK4601 PG957 -965 Prepared by: Kimberly Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO. t n -nm RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY AND NEW PIONEER'S COOPERATIVE SOCIETY FOR A PORTION OF VAN BUREN STREET IN IOWA CITY, IOWA. WHEREAS, New Pioneer's Cooperative Society (hereinafter referred to as "Owner ") owns property addressed as 22 S. Van Buren Street and legally described as Lots 6 and 7 and the north 75' of Lot 5, Block 40, including all of the former CRI &P Railroad right -of -way running over Lots 1, 2, 5, 6, and 7 and including that part of the east Y2 of Lot 1 lying southerly of the former Railroad right -of -way, Original Town, Iowa City, Iowa; and WHEREAS, 22 S. Van Buren Street is located within the flood plain of Ralston Creek and has received building damage from previous flooding events; and WHEREAS, Owner desires to protect 22 S. Van Buren Street from future flooding events; and WHEREAS, Owner desires to provide for the installation of a flood protection system during flood emergencies to protect the building located at 22 S. Van Buren Street from potential future flood damage; and WHEREAS, to prepare for the possible installation of the flood protection system, Owner desires to install anchor bolts within the sidewalks along Van Buren Street adjacent to 22 S. Van Buren Street in order to allow the flood protection system to be anchored to the sidewalk; and WHEREAS, the City of Iowa City is responsible for the care, supervision, and control of public right -of- way; and WHEREAS, the Department of Public Works finds the use of a portion of the Van Buren Street right -of- way for placement of a flood protection system during flood emergencies to be a minimal intrusion into the public right -of -way, and also finds that it is in the public's interest to allow for the installation of the flood protection system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The attached agreement between the City of Iowa City and the New Pioneers Cooperative Society to use Van Buren Street public right -of -way as set out in said agreement for placement of anchors and a flood protection system 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 the New Pioneer's Cooperative Society's expense. `(k Pesolution No. 10 -301 Page 2 Passed and approved this lst day of CORPORATE SEAL 2010. MAYOR �— App oved by � o tATTEST: � � CITY)aLERK City Attorney's Office ��ZLt 110 It was moved by Champion and seconded by Bailey 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 A AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY AND NEW PIONEER'S COOPERATIVE SOCIETY FOR A PORTION OF VAN BUREN STREET IN IOWA CITY, IOWA. This Agreement is made by and between New Pioneer's Cooperative Society (hereinafter referred to as "Owner ") and the City of Iowa City, Iowa, a municipal corporation, (hereinafter referred to as "City'). WHEREAS, Owner owns property addressed as 22 S. Van Buren Street and legally described as Lots 6 and 7 and the north 75' of Lot 5, Block 40, including all of the former CRI &P Railroad right -of -way running over Lots 1, 2, 5, 6, and 7 and including that part of the east 1/2 of Lot 1 lying southerly of the former Railroad right -of -way, Original Town, Iowa City, Iowa; and WHEREAS, 22 S. Van Buren Street is located within the flood plain of Ralston Creek and has received building damage from previous flooding events; and WHEREAS, Owner desires to protect 22 S. Van Buren Street from future flooding events; and WHEREAS, Owner desires to provide for the installation of a flood protection system during flood emergencies to protect the building located at 22 S. Van Buren Street from potential future flood damage; and WHEREAS, to prepare for the possible installation of the flood protection system, Owner desires to install anchor bolts within the sidewalks along Van Buren Street adjacent to 22 S. Van Buren Street in order to allow the flood protection system to be anchored to the sidewalk; and WHEREAS, the City of Iowa City is responsible for the care, supervision, and control of public right -of -way; and WHEREAS, the Department of Public Works finds the use of a portion of the Van Buren Street right -of -way for placement of a flood protection system during flood emergencies to be a minimal intrusion into the public right -of -way, and also finds that it is in the public's interest to allow for the installation of the flood protection system. NOW, THEREFORE, IN MUTUAL CONSIDERATION OF THE PROMISES SET FORTH BELOW, THE OWNER AND CITY AGREE AS FOLLOWS: 1. In consideration of Owner's promises herein, City agrees to permit Owner to install anchor bolts within the existinn sidewalk and to maintain said sidewalk to provide for the potential installation of a flood protection system during flood emergencies as a temporary use that portion of the Van Buren Street public right -of -way shown on Attachment A, attached and incorporated herein. In addition, City agrees to permit Owner to install, locate, and maintain said flood protection system, if Ralston Creek conditions present a threat of flood damage to 22 S. Van Buren Street and according to the terms set forth herein, as a temporary use of the Van Buren Street public right -of -way. The temporary use shall conform to Attachments A and B, attached hereto and incorporated herein by this reference. 6, 2. Owner agrees to submit construction plans and specifications for the flood protection system to the City for review and approval prior to any construction or reconstruction, the design and construction of which shall be in accordance with the specifications and requirements of the City, together with all applicable City regulations and ordinances. Owner further agrees to use, manage, and maintain the area utilized as depicted in Attachment A and B in compliance with the City approved construction plans, together with all applicable City regulations and ordinances. In addition, any changes to the approved plans, must first receive prior approval from the City. The City does not warrant and /or certify the effectiveness of the flood protection system. Owner shall not be deemed as acting as an agent or representative of the City in the performance of the rights granted herein. 3. It shall be the Owner's responsibility to evaluate the existing sidewalk to assure that the integrity of the sidewalk will accommodate and sustain the flood protection system. 4. Owner acknowledges that there are two public storm sewer that pass under the building at 22 S. Van Buren Street and that the presence of these storm sewers may present challenges that shall be considered when designing a flood protection system. 5. If Ralston Creek is forecasted to rise to a point in which Owner believes there is threat of damage to 22 S. Van Buren Street and Owner therefore desires to erect all or a portion of the flood protection system, Owner shall first notify the City and receive consent from the City, prior to commencement of installation, of its intentions to install the flood protection system. 6. To limit the frequency and duration of sidewalk closures, installation of the diagonal bracing shown on Attachment B shall be limited only to times of imminent risk. 7. At such times when the flood protection system is installed and diagonal bracing is in place, fencing to close the sidewalk will be necessary and Owner agrees to provide, keep in place, and maintain in good working condition certain fencing and signage necessary to do the following: a. Route pedestrians through or around the flood protection system. 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. 8. Owner agrees that this agreement may be terminated and it will remove any and all improvernents it installed pursuant to this Agreement from City right -of -way on Van Buren Street when any one of the following events occurs: a) Within 30 calendar days after the City gives written notice of termination and /or removal to the Owner. \�k b) The use of the property changes and the area of the property described in Attachment A is no longer needed or appropriate, as determined by the City in its reasonable discretion. If Owner fails to remove the improvement installed pursuant to this Agreement from the Van Buren Street right -of -way as required, the City may remove the improvements and the cost thereof shall be billed to Owner for payment to City. 9. Owner agrees to maintain the flood protection system and /or anchoring bolts in good and reasonable repair, and minimize safety hazards to passing pedestrian traffic including, but not limited to, trip hazards to pedestrian traffic. 10. In the event the anchoring bolts are ever replaced for any reason, Owner agrees to replace them according to the requirements and approval set forth in Paragraph Two (2) above. 11. Owner agrees that in the event the City requires use of any part of the right -of -way for any purpose, and /or must remove any portion of anchoring bolts and /or flood protection system, City is not responsible for the restoration of, replacement, or payment of damages for said anchoring bolts and /or flood protection system, and it shall be the Owner's burden to restore the anchoring bolts and /or flood protection system at their expense if they choose. 12. Owner agrees to indemnify, defend and hold the City harmless in connection with any liability whatsoever arising in regard to the installation, maintenance, use, location, regulations or repair of said anchoring bolts and flood protection system, including any liability which the City may incur as a result of its decision to allow placement of said anchoring bolts and flood protection system within the Van Buren Street right -of -way. However, Owner shall not be held responsible as to claims that that the City's actions were ultra vires. Owner is required and agrees to maintain or cause to be maintained liability insurance, in the minimum amount of $1,000,000, with contractual liability coverage included as part of such insurance, and shall furnish a certificate of insurance for that policy, satisfactory to the City. Owner agrees to maintain or cause to be maintained such insurance in force until the anchoring bolts and flood protection system are removed from City right -of -way, and failure to maintain such insurance in force shall automatically terminate the grant of permission contained herein. The parties agree that the City may require reasonable increases in the amount of coverage in order to provide comparable coverage protection in the future. Notwithstanding Paragraph Six. (6) above, if the required insurance is not maintained, the City shall have the right to remove the improvements installed pursuant to this Agreement following thirty (30) calendar days prior written notice to Owner. The cost of such removal shall be assessed as a lien against the property and collected as a property tax in the manner provided in Section 364.12(2)(e), Code of Iowa (2009). No compensation shall be provided to Owner for loss of use of the Van Buren Street right -of -way if City determines that the use Van Buren Street right -of -way shall be returned to the City. 13. Owner acknowledges and agrees than no property right is conferred by this grant of permission; that the City is not empowered to grant a permanent use of its street right -of- way for private purposes; and notwithstanding Paragraph Six (6), that the City may order said anchoring bolts and /or flood protection system removed at any time if, for any reason, \LV the Public Works Director determines that the property upon which the anchoring bolts and /or flood protection system are located is needed for public use and /or should be cleared of any and all obstructions. 14. This Agreement shall constitute a covenant running with the land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of both parties. 15. This Agreement for Temporary Use of Public Right -of -Way shall be recorded in the Johnson County Recorder's Office at Owner's expense. Dated this Ist day of ,rune , 2010. CITY OF IOWA CITY, IOWA NEW PIONEER'S COOPERATIVE SOCIETY By: By: By: - — -- Matthew J. Hayek, Ma r Attest: 'y Print Name Marian K. Karr, City Clerk Approved by: CORPORATE SEAL AaAA- Au,- w rubtt �k / City Attorney's Office 5 I i p CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) s7 On this / day of - I'mr- , 2010, before me, SoJnPAF (70rz<r , 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, as contained in Resolution No. _10-3ol passed by the City Council on the / s day of w r , 2010, and that Matthew J. Hayek and Marian K. Karr acknowledged 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. of rs SONDRAEFORT "�CL'j`r' F -6 Commission Number 159791 Notary Public in and for the State of Iowa My Commission Expires ow a L7 )., My Commission expires: NEW PIONEER'S COOPERATIVE SOCIETY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This Pioneer's Cooperative Society. KELLIE K. TUTTj Commission Number My C om issi Ex before me on Ola4 -4— `, 2010 by (name U of person) as _ (type of authority, e.g, officer, trustee, etc.) of New Notary Public in and for the State of Iowa My Commission expires: `L� w� I L r 1 J 3 LL�E V \— Ic H Ww J a W'':y r �J x C a w l.i 1■ 1410 - - - _ _ _ _ - - -J_ m i m 0 0 Q O IQ— N j J � y a o ww 4 M z ul£w °_ Al' ?h / LL�E V \— Ic H Ww J a W'':y r �J x C a w l.i 1■ 1410 - - - _ _ _ _ - - -J_ m i m 0 0 Q O IQ— N j J � y a o ww 4 M z ul£w °_ Al' _ �f HE O U p wK� Y �YU Cii TssYOC y O Z� 00 _.. LL�E V \— Ic H Ww J a W'':y r �J x C a w l.i 1■ 1410 - - - _ _ _ _ - - -J_ m i m 0 0 Q O IQ— N j J � y a K ;wN�- m 'a spa i$ o �Lo (SNCUVA313 33S) / V�J 9NIG f1l�Nl) 1H°JI3H 0-31H5 .Z /t 84 _ � 5 °a doe I 111 W m�u zto j,whyw �mi �7 N ODV a''i JGu OTC r' s C a w x. x f��Fa 11 �i i K Y Z Z 1 0 Z W pP JF \ w ap0 uY 'J iC� 1 //♦ %Z mom/ �� w�V'. ��� Z n¢ / _�' ww 4 oo ul£w °_ Al' _ �f HE O U p wK� Y �YU Cii TssYOC y O Z� 00 _.. K ;wN�- m 'a spa i$ o �Lo (SNCUVA313 33S) / V�J 9NIG f1l�Nl) 1H°JI3H 0-31H5 .Z /t 84 _ � 5 °a doe I 111 W m�u zto j,whyw �mi �7 N ODV a''i JGu OTC r' s C a w x. x f��Fa 11 �i i K Y Z Z 1 0 Z W pP JF \ w ap0 uY 'J iC� 1 //♦ %Z mom/ �� w�V'. ��� Z n¢ / 3MIK 713 HGJ HDIVd 17 Od __2313 803 HDIVd 13NVd 0313 9 101 �Ninna isjz 0 Yid 0 Yid YV8 99 959 /,-3XVlN[ N ,Zl 11 Roil jl 9 S l- 15�m 'IYIB 6C 9S9 Hiq PPICIS 301 5. Z 0 Nd V363ri0 X)v C: DO m Z m m Yid YI ^0 HN Roil jl 9 S l- 15�m 'IYIB 6C 9S9 Hiq PPICIS 301 5. 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. 10-4395 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 151h day of June, 2010, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 17t11 day of June, 2010. � Marra' . Karr City Clerk \ord Doc ID: 021860510004 Type: GEN Kind; ORDINANCE �� 1 P" Recorded: 06/18/2010 at 11:15:41 AM Fee Amt: $24.00 Pace 1 of 4 lil mot rh y CM Johnson Countv Iowa Kim Painter Countv Recorder BK4606 PG i6 -219 CITY OF IOWA CITY 410 East Washington Sweet Iowa City, Iowa 52240 -1826 (319) 356.5000 (319) 356 -5009 FAX www.1cgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No. 10-4395 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 151h day of June, 2010, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 17t11 day of June, 2010. � Marra' . Karr City Clerk \ord Prepared by: Sarah Walz, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5251 ORDINANCE NO. 10 -4395 AN ORDINANCE REZONING APPROXIMATELY 1.66 ACRES OF LAND FROM COUNTY AGRICULTURAL (C -AG) ZONE TO INSTITUTIONAL PUBLIC (P2) ZONE FOR PROPERTY LOCATED AT 4265 OAK CREST HILL ROAD SE (REZ10- 00002) WHEREAS, the Johnson County Agricultural Extension District, hereafter referred to as Applicant, is owner of approximately 1.66 acres of land located at 4265 Oak Crest Hill Road SE has requested annexation of said land into the City of Iowa City; and WHEREAS, land annexed into Iowa City must have an appropriate City zoning designation according to the Iowa City Comprehensive Plan; and WHEREAS, the Comprehensive Plan indicates that the subject property is appropriate for public use; and WHEREAS, the Institution Public (P -2) zone provides reference to public uses of land owned or otherwise controlled by the State or Federal government and is not subject to City development regulations; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of County Agriculture (AG) to Interim Development- Office Research Park (ID -ORP): LEGAL DESCRIPTION A PORTION OF THE SOUTH ONE -HALF OF THE NORTHEAST ONE - QUARTER OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5" PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N00 °00'00 "E ALONG THE WEST LINE OF THE NORTHEAST ONE - QUARTER OF SAID SECTION 28, A DISTANCE OF 1193.65 FEET TO A POINT ON THE WESTERLY EXTENSION OF THE NORTHERLY LINE OF A TRACT OF LAND SHOWN ON A PLAT OF PART OF THE NORTHEAST ONE - QUARTER OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" P.M., JOHNSON COUNTY, IOWA AS RECORDED IN PLAT BOOK 4 AT PAGE 233 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE N86 °43'02 "E, ALONG SAID WESTERLY EXTENSION OF THE NORTHERLY LINE AND ALONG SAID NORTHERLY LINE, 1205.20 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N86 °43'02 "E, ALONG SAID NORTHERLY LINE, 407.00 FEET TO A POINT ON THE WESTERLY RIGHT -OF -WAY LINE OF OAK CREST HILL ROAD SE; THENCE S01 034'43 "W, ALONG SAID WESTERLY RIGHT -OF -WAY LINE, 183.00 FEET; THENCE S87 °03'36 "W, 391.50 FEET; THENCE NO3 016'58 "W, 180.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1.66 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. 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 Applicant's expense, upon the final passage, approval and publication of this ordinance, as provided by law. Ordinance No. 10 -4395 Page 2 of 2 SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 15th day of Approved by City Attorney's Office 2010. ATTEST:. CITY CLEW -- CORPORA TIE SEAL 6 Ordinance No. -j u-43-9-5-- Page 3 It was moved by Bailey and seconded by Wright 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 61112010 Vote for passage: AYES: Dickens, Hayek, Mims, Wilburn, Wright, Bailey, Champion NAYS: None. ABSENT: None. Second Consideration --------------- - - - - -- Vote for passage: , Date published June 23, 2010 Moved by Bailey, 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 Croon for final passage at this time. AYES: Mims, Wilburn, Wright, Bailey, Champio Dickens „ Hayek. NAYS: None. ABSENT: None. �6 Doc ID: 021899320011 Type: GEN Kind: ORDINANCE Recorded: 07/20/2010 at 12:59:39 PM Fee Amt: $59.00 Paoe 1 of 11 Johnson County Iowa m Painter Countv Recorder 11 I STATE OF IOWA ) ) SS JOHNSON COUNTY ) 410 East Washington Sweet FF� Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org I, Marian K. Karr, City Cleric of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a taste and correct copy of Ordinance No. 10-4396 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 12t" day of July, 2010, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 19"' day of July, 2010. Marla Karr City Clerk \ord CORPORATE 6LP %L ,�o I Prepared by: Jacob Rosenberg, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5231 (REZ10- 00008) ORDINANCE NO. 10 -4996 ORDINANCE REZONING APPROXIMATELY 24.35 ACRES LOCATED WEST OF MORMON TREK BOULEVARD, SOUTH OF HIGHWAY 1, AND ADJACENT TO CITY VIEW DRIVE FROM HIGHWAY COMMERCIAL (CH -1) TO INTENSIVE COMMERCIAL (CI -1 ). (REZ10- 00008) WHEREAS, the applicant, Dealer Properties IC, LLC, has requested a rezoning of property located west of Mormon Trek Blvd, south of Highway 1, and adjacent to City View Drive from Highway Commercial (CI- 1) to Intensive Commercial (CI -1 ); and WHEREAS, the Comprehensive Plan indicates that the area is appropriate for intensive commercial development; and WHEREAS, the Comprehensive Plan designates this area as an entryway to the City where aesthetic considerations are important; and WHEREAS, the Comprehensive Plan indicates that the area may be appropriate for Intensive Commercial development provided that any developments are designed to be an attractive entryway to the City; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding landscaping, buffering, and building and site design standards, the requested CI -1 zoning will be in conformance with the Comprehensive Plan; 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 Highway Commercial to Intensive Commercial: LEGAL DESCRIPTION LOTS 1, 2, 3, 4, 5, 6, 7, 8 AND OUTLOT "B" OF JJR DAVIS ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 47, AT PAGE 165, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, EXCEPTING THEREFROM THAT PORTION OF LAND DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF OUTLOT "A" OF SAID JJR DAVIS ADDITION; THENCE N11 °39'22 "W, ALONG THE WEST LINE OF SAID JJR DAVIS ADDITION, 150.51 FEET; THENCE S74 045'31 "E, 38.08 FEET; THENCE N64 °08'29 "E, 32.48 FEET; THENCE S86 019'59 "E, 87.40 FEET; THENCE S40 009'06 "E, 44.90 FEET; THENCE N84 °34'1 1"E, 128.33 FEET; THENCE S68 012'39 "E, 36.91 FEET; THENCE S25 028'38 "E, 53.26 FEET; THENCE S65 027'42 "E, 189.91 FEET; THENCE S01 054'37 "E, 57.76 FEET; THENCE S13W50'36 "E, 88.06 FEET; THENCE S63 024'54 "E, 76.31 FEET, TO A POINT ON THE SOUTH LINE OF SAID JJR DAVIS ADDITION; THENCE S89 058'36 "W, ALONG SAID SOUTH LINE, 237.63 FEET, TO ITS INTERSECTION WITH THE EAST LINE OF OUTLOT "A" OF SAID JJR DAVIS ADDITION; THENCE N12 °32'55 "W, ALONG SAID EAST LINE, 89.37 FEET; THENCE N56 041'28 "W, ALONG THE NORTHEASTERLY LINE OF SAID OUTLOT "A ", 174.59 FEET; THENCE S77007'17W, ALONG THE NORTH LINE OF SAID OUTLOT "A ", 270.39 FEET, TO SAID POINT OF BEGINNING, ,t fl Ordinance No. _L Q—_ Page 2 SAID RESULTANT TRACT OF LAND CONTAINS 24.35 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS AND 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 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 12th day of July , 2010 .<.t it ATTEST: < CfW CLERK CORPORATE SEAL Approved by City Attorney's Office I I t \o Ordinance No. LD -A3g6 Page 3 It was moved by Wilburn 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 6/15/2010 Vote for passage: AYES: Champion, Dickens, Hayek, Mims, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. Second Consideration --------------- - - - -- Vote for passage: Date published 7/21/2010 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: Champion, Dickens, Hayek, Mims, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. �U Prepared by: Jacob Rosenberg, PCD Intern, 410 E. Washington, Iowa City, IA 52240 (319)356 -5240 (REZ10- 00008) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "); ILJ Investments, Inc. (formerly Sneblen Farms, Inc.), James R. Davis, Robert A. Davis and Jan Ellen Smith (hereinafter collectively "Davis "); and Dealer Properties IC, LLC (hereinafter "Applicant "); WHEREAS, ILJ Investments, Inc., Davis' and Applicant are the legal title holder of approximately 24.35 acres of property located west of Mormon Trek Boulevard, south of Highway 1 and east of Highway 218; and WHEREAS, the Applicant, with ILJ Investments, Inc.'s, and Davis' consents, has requested the rezoning of said property from Highway Commercial (CH -1) to Intensive Commercial (CI -1); and WHEREAS, the Comprehensive Plan designates this area as an entryway to the city where aesthetic considerations are important; and WHEREAS, the Comprehensive Plan indicates that the area may be appropriate for Intensive Commercial development provided that any developments are designed to be an attractive entryway to the City; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding landscaping, buffering, and building and site design standards, the requested CI -1 zoning will be in conformance with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2009) provides that the 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, ILJ Investments, Inc., Davis and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan; and WHEREAS, ILJ Investments, Inc., Davis 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: ILJ Investments, Inc. is the legal title holder of Lots 2 and 3, ; Davis is the legal title holder of Lots 4 -8 and Outlot B; and Dealer Properties IC LLC, is the legal title holder of Lot 1, all in the JJR Davis Addition, Iowa City, Johnson County, Iowa, in accordance with the plat thereof Recorded in Plat Book 47, at Page 165, in the records of the Johnson County Recorder's Office. 2. The following "subject property" is now zoned Intensive Commercial (CI -1), subject to the conditions stated herein: ppdadMagVc afnardewAw I 1u LOTS 1, 2, 3, 4, 5, 6, 7, 8 AND OUTLOT "B" OF JJR DAVIS ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 47, AT PAGE 165, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, EXCEPTING THEREFROM THAT PORTION OF LAND DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF OUTLOT "A" OF SAID JJR DAVIS ADDITION; THENCE N11 °39'22 "W, ALONG THE WEST LINE OF SAID JJR DAVIS ADDITION, 150.51 FEET; THENCE S74 °45'31 "E, 38.08 FEET; THENCE N64 008'29 "E, 32.48 FEET; THENCE S86 019'59 "E, 87.40 FEET; THENCE S40 009'06 "E, 44.90 FEET; THENCE N84 °34'11 "E, 128.33 FEET; THENCE S68 012'39 "E, 36.91 FEET; THENCE S25 °28'38 "E, 53.26 FEET; THENCE S65 027'42 "E, 189.91 FEET; THENCE S01 °54'37 "E, 57.76 FEET; THENCE S80 050'36 "E, 88.06 FEET; THENCE S63 °24'54 "E, 76.31 FEET, TO A POINT ON THE SOUTH LINE OF SAID JJR DAVIS ADDITION; THENCE S89 °58'36 "W, ALONG SAID SOUTH LINE, 237.63 FEET, TO ITS INTERSECTION WITH THE EAST LINE OF OUTLOT "A" OF SAID JJR DAVIS ADDITION; THENCE N12 °32'55 "W, ALONG SAID EAST LINE, 89.37 FEET; THENCE N56 041'28 "W, ALONG THE NORTHEASTERLY LINE OF SAID OUTLOT "A ", 174.59 FEET; THENCE S77 °07'17W, ALONG THE NORTH LINE OF SAID OUTLOT "A ", 270.39 FEET, TO SAID POINT OF BEGINNING, SAID RESULTANT TRACT OF LAND CONTAINS 24.35 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS AND RECORD. 3. ILJ Investments, Inc., Davis and Applicant acknowledge that the City wishes to ensure conformance with the principles of the Comprehensive Plan and South Central District 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. 4. In consideration of the City's rezoning the subject property, ILJ Investments, Inc., Davis and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: A. Prior to development of each lot legally described above a landscape plan that provides for the landscaping of parking areas and display areas shall be approved by the Director of Planning and Community Development. B. Prior to construction of any building within the land hereby rezoned, building elevations shall be approved by the Director of Planning and Community Development. C. A 20 -foot wide buffer landscaped to the S3 standard, as defined by the Iowa City Zoning Code, and including a mix of evergreen and deciduous trees planted to the specifications of the City Forester, shall be installed and maintained along the western and southern edge of the development that is visible from Highway 218 and the residential properties to the south. D. Loading docks and receiving areas, garbage dumpsters, outdoor storage areas, ppdadnVagVC afro Wean.doc 2 \U mechanical equipment and other service areas and functions typically associated with the rear of buildings shall not be located in front of or along any building wall facing Mormon Trek Boulevard or Highway 1. When located elsewhere on a lot and visible from Mormon Trek Boulevard, Highway 1 or Highway 218, these items shall be screened from view with landscaping or a combination of fencing and landscaping to the S3 standard. E. Landscaping that meets the S2 standard and that shall include ornamental trees shall be planted adjacent to Highway 1 and Mormon Trek Boulevard. F. All building elevations visible from Mormon Trek Boulevard, Highway 1 and Highway 218 shall consist of quality building materials, such as brick, masonry, stone, textured concrete masonry units, display windows, architectural metals or other materials used for decorative treatment. Architectural metals may include aluminum, stainless steel, copper or enamel panels with concealed fasteners and other similar exterior treatments but does not include corrugated metal siding. Alternative buildings materials may be substituted if the Director of Planning and Community Development determines that the use of such other materials satisfies the intent of this agreement. Rooftop mechanical equipment shall be screened if visible from Highway 218 or Mormon Trek Boulevard. 5. The ILJ Investments, Inc., Davis, Applicant, 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. 6. ILJ Investments, Inc., Davis, Applicant, and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform to 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. ILJ Investments, Inc., Davis, and 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. 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. ppda m /agUua fimlclem.doo 3 \�p Dated this !J day of �uL CITY OF IOWA CITY Matthew J. Hayek, M yy -" Attest: Marian � Karr, City Clerk CORPOMTE SEAL Approved by: P C "(�i 1 Amd (7 -e0 City Attorney's Office Coi`�,to Davis X lMVA__ 4' V Robert A. Davis Barbara Davis, Spouse 14�, 20-IV . ILJ Investments, Inc. By: I(- title By: / title Dealer Pr li iesdC title A , title ppdadnVagVua finatdx 4 J t. CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this lg day of u� , A.D. 20 /O , before me, the undersigned, a notary public in and for tWd 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. ,yw^rs —SONDRAEFORT Sorct�w.Q_ C<rry z° Commission Number 159791 Notary Public in and for the State of Iowa My Commission Expires low 3 a°1&- My commission expires: ppdadm/sgU= final.doc 5 ILJ INVESTMENTS, INC. ACKNOWLEDGEMENTS: STATE OF IOWA ) J <z5 2' . ,1 ) ss: J© COUNTY This instrume�n/t was acknowledged before me on thi /0 /day of =F Y_; , 2010, by xi'G t .�c6LC6F'i�Y'e� (name) as ;Ple (title) of ILJ Investments, Inc. W'W K P.ISTINE L ItAALaER6 omm� ion Number 707597 Wary Public in and for the State of Iowa My Com nission Expires My commission expires: 11 � f STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this ® day of , 2010, by (name) as (title) of ILJ Investments, Inc. Notary Public in and for the State of Iowa My commission expires: DEALER PROPERTIES IC, L.L.C. ACKNOWLEDGEMENTS: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this /S day of u" 2010, by bo u i d R. Zl on (name) as (Y)a,1-% Mem tie,- (title) of Dealer Properties IC, LLC. CAAOLYN S. HUGGINS Com MymCommMo EEx 73 • c March 29, 2011 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) (are, lu'l //' fi. 99 �� Notary Publicc In and for the State of Iowa My commission expires: 3 - 02 S-, / I This instrument was acknowledged before me on this (name) as _ Properties IC, LLC. day of , 2010, by (title) of Dealer Notary Public in and for the State of Iowa My commission expires: ppdadndagUma fircaLdoe 6 "I.f DAMIS ACKNOWLEDGEMENTS: STATE OF Lo\oraa o ) ) ss: (3 of \icr COUNTY) This instrument was acknowledged before me on this I1�4 day of -Tuna , 2010, by Jan Ellen Smith and Eric Smith, wife and husband. ZA n IL-; Notary Public in and for th tate of-1ow&CcA4fezxA 0 My commission expires: Id I ry I \o STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this fo" day of ?4^t , 2010, by James R. Davis and Barbara Davis, husband and wife. Notary Public in and for the State of Iowa My commission expires: 0 81Aa I'A01 Z �a rq® COtIPS19GiiT k° FComm�sslon Numb r'1A2105 I A1y Com�ll% iss!on E"�nlros OMP • O ai��s�a ppdadMagYaa VmLdoc 7 1(V' ).' (, r Doe ID: 021950830003 Type: GEN Kind: DECISION Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 3191366-5230 Re0orded: $19/00/2010 ato013 6:09 Pr Johnson Countv Iowa DECISION Kim Painter county Recorder IOWA CITY BOARD OF ADJUSTMENT 8K4647 PG260 -262 WEDNESDAY, JULY 14, 2010 EMMA J. HARVAT HALL r.> MEMBERS PRESENT: Robert Anderson, Caroline Sheerin, Le Ann Tyson C MEMBERS ABSENT: Barbara Eckstein, Will Jennings. STAFF PRESENT: Sara Greenwood Hektoen, Karen Howard, `' G OTHERS PRESENT: Tom Walz, Del Stevens. – tom, SPECIAL EXCEPTION ITEMS: 1. EXC10 -00005 a public hearing regarding an application submitted by the Extend the Dream Foundation for a special exception to allow a General Community Service Use in the Intensive Commercial (CI -1) zone and a Reduction in Parking for Unique Circumstances for the property located at 730 South Dubuque Street. Findings of Fact: The Board finds that the proposed social services use, which assists persons with disabilities to operate small businesses and serves as a meeting location for Alcoholics Anonymous, is classified as a General Community Service Use. The Board finds that the previous tenant at this location was also a General Community Service Use. The Board finds that activities associated with the site will be alcohol free, and many visitors to the site will be arriving by foot, bike or public transportation. The Board finds that a bike rack should be provided. The Board finds that the Extend the Dream Foundation previously operated from a commercial site at the corner of Court and Gilbert Streets, which had no off - street parking. The Board finds that the surrounding properties are a mix of commercial, public, quasi industrial, and non - conforming residential uses and that the Central District Plan encourages redevelopment of the area to create a pedestrian- oriented, mixed use neighborhood. The Board finds that this location is centrally located among other businesses serving its clientele. The Board finds that the proposed site provides 16 off - street parking spaces total with the spaces shared equally between the two users of the building —PATV and Extend the Dream. The Board finds that there is some on- street parking available in the neighborhood and that spaces in the adjacent University lot and the County parking structure are available after 5:00 p.m. when the subject site will host special events. The Board also finds that the on -site parking will be designed to accommodate the loading of a SEATS bus. The Board finds that the proposed site plan shows a reconfigured parking area on Dubuque Street with a narrower drive entrance and landscaping to provide separation between the vehicle areas and the sidewalk. The Board finds that the new parking area can accommodate three cars, including one handicap space. The Board finds that the applicant must submit a final site plan to the building department at which time all other aspects of the code will be reviewed to ensure compliance with the zoning code. 6 Conclusions of Law: Based on the proposed use of the site as well as the mix of uses already present in the neighborhood, the Board concludes that the use will not significantly alter the overall character of the zone. Because the Central District Plan proposes redevelopment for this area toward a more pedestrian - oriented, mixed use neighborhood, the Board concludes that the proposed exceptions will not impede the normal and orderly development and improvement of the surrounding property. Based on the specific character of the proposed use and its programs for the disabled and for Alcoholics Anonymous, the Board concludes that most clientele and employees will not travel to the site by car and therefore the minimum parking and stacking spaces required are excessive. The Board concludes that it is in the interest of pedestrian safety for the parking area to be brought into closer compliance with the zoning code requirements for parking area design, which will reduce the amount of the parking available on the site. Based on the character of the neighborhood and the proposed redesign of the parking area to more closely comply with the zoning code standards, the Board concludes that the proposed exceptions will not be detrimental to or endanger the public health, safety, comfort, or general welfare. For these same reasons, the Board concludes that the special exceptions 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. The Board concludes that the proposed redesign of the parking area will provide ingress and egress so as to minimize traffic congestion on public streets and safer access to and from the site for pedestrians and vehicles. Disposition: By a vote of 3 -0 the Board approves the special exception to allow a General Community Service Use in the Intensive Commercial (CI -1) zone and for a reduction in the required parking for unique circumstances for property located at 730 South Dubuque Street subject to the conditions: 1) Substantial compliance with the site plan submitted, including a concrete pad for a bicycle rack, the location of which will be determined by the City; 2) The special exception for a community service use in the CI -1 Zone at 730 South Gilbert Street is limited to the Extend the Dream Foundation; 3) The special exception for a reduction in the parking requirement from 8 spaces to 6 spaces is limited to the Extend the Dream Foundation. Because there is no change of use, the entire property will remain grandfathered at 15 required spaces, but this requirement will be reduced to 13 while Extend the Dream Foundation is occulting the building. c cn - TIME LIMITATIONS: ;i All orders of the Board, which do not set a specific time limitation on Applicant aetidn', 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. �A 0a rD11' 4e Qfrenn, Cha rperson STATE OF IOWA JOHNSON COUNTY Approved by: Abfc/ City Attorney's Office cl 1-7 I l a 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 LLth day of qm& , 2010, as the same appears of record in my Office. U J— Dated at Iowa City, this T day of , 20 !V 2e� �% Malian K. Karr, City Clerk r -� r L.J -1 11 0 IIIIIIIIIIIIIIIIIVIIIVIIIVIIIIIIIIVIIIIIIIIIIIIIVIIIVIIIIIIIIVIIIIIIIIIII Doc ID: 021953330039 Type: GEN Kind: RESOLUTION FeeoAmt: $199.002PageaI of 39'28 PM 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. 10-373 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of August, 2010, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 9th day of September, 2010. CORPORATE SEAL Marian�K. Karr City Clerk fires 410 EAST WASHINGTON STREET e IOWA CITY, IOWA 52240 -1826 a (319) 356 -5000 e FAX (319) 356 -5009 E Prepared by: Jeff Davidson, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5232 RESOLUTION NO. 10 -373 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE IOWA DEPARTMENT OF CULTURAL AFFAIRS FOR A GRANT FROM THE IOWA GREAT PLACES PROGRAM. WHEREAS, Iowa City has been declared a Great Place by the Iowa Department of Cultural. Affairs; and WHEREAS, funding is available from the Iowa Great Places program to fund improvements in communities which have been declared Great Places; and WHEREAS, the City of Iowa City applied for and has been granted $70;000 in funding from the Iowa Great Places program for extension of the Iowa Avenue Literary Walk into the North Side Marketplace; and WHEREAS, a grant agreement with the Iowa Department of Cultural Affairs is necessary for Iowa City to obtain the $70,000 in grant funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to sign in duplicate and the City Clerk to attest the grant agreement with the Iowa Department of Cultural Affairs for $70,000 in state funds. 2. The Interim City Manager or his designee is authorized to provide any other administrative materials necessary to access the grant funds. Passed and approved this 17th day of August , 20 10 MAYOR ATTEST: ' CIT LERK Approved by Re � kfaen C1 y Attorney's Office Office $.Ir.LI lu PpdadWresBiterarym1k2011ext.doc 1t Resolution No. 10 -373 Page 2 It was moved by Bailey and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: —x x x X x �x x wpdata/glossa VresoluUon- 1c.doc NAYS: ' I ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright �4 y` /�lf "I WAIJ LA D� pill 1 Mission of Iowa Great Places "Great Places brings together the resources of State government to build capacity in communities, regions, neighborhoods, or districts that cultivate the unique and authentic qualities that make places special: engaging experiences; rich, diverse populations and cultures; a vital, creative economy; clean and accessible natural and built environments; well - designed infrastructure; and a shared attitude of optimism that welcomes new ideas, based on a diverse and inclusive cultural mosaic." LEGAL DESCRIPTION ofthe real property subject to this Agreement is set forth on Exhibit B attached to this Agreement. The respective addresses of the parties are set forth in Article 12.7 of this Agreement. 2010 Iowa Great Places Grant Agreement IOWA GREAT PLACES GRANT AGREEMENT' RECIPIENT: City of Iowa City PROJECT NAME: Literary Walk Expansion to Northside Market Place PROJECT CODE: GP22 -01 EFFECTIVE DATE: July 1, 2010 GRANT AWARD: $70,000 PROJECT COMPLETION DATE: June 30, 2011 MATCH AWARD PERCENTAGE: 30% This IOWA GREAT PLACES GRANT AGREEMENT is made by and between the Iowa Department of Cultural Affairs ( "DCA ") and City of Iowa City ( "Recipient'). WHEREAS, the Iowa Great Places Program ( "Program ") was established by the Iowa Legislature and the Governor of Iowa for the purposes of combining resources of state govermnent in an effort to showcase the unique and authentic qualities of communities, regions, neighborhoods and districts in Iowa; and WHEREAS, the Iowa Legislature has appropriated monies to the Iowa Great Places Fund ( "Fund ") established pursuant to Iowa Code Section 303.3D (2005), with the stipulation that such monies be used by DCA to fund capital infrastructure projects for identified Iowa Great Places; and WHEREAS, Recipient represents a project within an officially designated Iowa Great Place and that Place has entered into a Memorandum of Understanding ( "MOU ") with the Governor of the State of Iowa regarding the Program; and WHEREAS, Recipient has submitted a grant application to DCA, which was approved by the grant review panel and the Director of the DCA, requesting monies from the Fund to help finance the Project described in this Agreement; and WHEREAS, as a condition to receiving Grant Funds, Recipient has secured matching funds for the Project as stipulated in the Great Places Request for Applications dated April 14, 2010. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement and intending to be legally bound, DCA and Recipient agree to the following terms and conditions: ' DCA reserves the right to refuse to enter into any Grant Agreement if such agreement fails to contain terms and conditions acceptable to DCA and its legal counsel. 2010 Iowa Great Places Grant Agreement 2 ARTICLE 1 DEFINITIONS As used in this Agreement, the following terms shall apply: 1.1 AGREEMENT means this document (including any amendments hereto), the Project Plan and Project Budget found in the associated 2010 Great Places grant application, and all other instruments or documents executed by the Recipient or otherwise required by the DCA in connection with this Agreement or the Grant Funds. In the event of a conflict between one or more of the foregoing documents, the conflict shall be resolved according to the priority, ranked in descending order, as the documents are listed ill the previous sentence. The submitted and approved 2010 Great Places grant application, including the Project Plan and Project Budget, is incorporated herein by reference and attached hereto as Exhibit A. 1.2 GRANT FUNDS means an award of assistance from the Fund made by DCA to Recipient pursuant to the terms and conditions of this Agreement. 1.3 PERIOD OF RESTRICTION means the period commencing on the Effective Date hereof and ending on the earlier of: (i) the date that is twenty (20) years immediately following the Project Completion Date, as such Project Completion Date may be extended by mutual agreement of the parties to this Agreement, or (ii) such date as the Repayment Amounts are fully and finally paid, repaid or returned to the Department in accordance with the terms of this Agreement. 1.4 PROJECT means the detailed work, services, and other obligations to be performed or accomplished by or on behalf of the Recipient as described in this Agreement, the Project Plan and Project Budget. 1.5 PROJECT COMPLETION DATE means the date stated above, which is the date by which Recipient must complete the Project. For purposes of this Agreement, the Project shall be "completed" when DCA determines that the Project is fully constructed, operational, and open and accessible to the public. 1.6 PROJECT PROPERTY means all real property purchased or acquired, all fixtures and appurtenances related to such property, and all personal and other property purchased, acquired, created, constructed, developed, modified, improved or enhanced with Grant Funds. 1.7 PROJECT SITE means the real property on which the Project Property is located. The Project Site is located at [address], and legally described on Exhibit B attached hereto. 1.8 REPAYMENT AMOUNTS shall mean: (i) all Grant Funds disbursed or otherwise paid out by DCA under this Agreement, and (ii) any and all amounts that DCA may demand or otherwise require Recipient (or any successor or assign of Recipient, or any other person or entity) to pay, repay, or return to DCA under this Agreement, including, but not limited to, any 2010 Iowa Great Places Grant Agreement 3 1 amounts DCA may demand, require to be paid/returned /repaid, or otherwise be entitled to, under Articles 4.2, 4.8, 5.1, 6.3, 8.9, 9, 10.6, 11, and 12.11 of this Agreement. 1.9 TERMINATION DATE means the date this Agreement terminates, which shall occur upon the earliest of: the effective date of any termination of this Agreement by DCA pursuant to Article 10, or the Project Completion Date. ARTICLE 2 IDENTITY OF THE PARTIES 2.1 DCA is a public instrumentality of the State of Iowa charged with the administration of the Program. 2.2 Recipient is City of Iowa City. ARTICLE 3 FUNDING 3.1 FUNDING SOURCE Funds for the Project are limited to those monies appropriated and legally available to DCA in the Fund. The funds of the State of Iowa ( "State "), other than those of the Fund, are not obligated or available to meet any obligations of DCA created by this Agreement, and this Agreement shall not constitute an obligation or debt of DCA or the State. Grant Funds will not be available for disbursement under this Agreement after June 30, 2011. 3.2 RECEIPT OF FUNDS All disbursements of Grant Funds under this Agreement are subject to possession by DCA of sufficient legally available monies in the Fund. If the Legislature fails to make appropriations to the Fund; or if Grant Funds are de- appropriated, reduced, diverted, delayed, insufficient or unavailable for any other reason, so that, as determined by DCA in its sole discretion, DCA is unable to meet its obligations under this Agreement, then DCA shall have no obligation to Rind the Project, in whole or in part, or to otherwise disburse Grant Funds to Recipient. ARTICLE 4 TERMS OF GRANT 4.1 EXECUTION OF PROJECT Recipient shall execute the Project as described in the Project Plan and in accordance with the Project Budget, and shall complete the Project by the Project Completion Date. Recipient shall allow DCA, its internal or external auditors, the Auditor of the State of Iowa, the Treasurer of the State of Iowa, the Attorney General of the State of Iowa and the Iowa Division of Criminal Investigation to enter upon Recipient's premises and inspect the Project and Project Property at all reasonable times in order to monitor and evaluate Recipient's performance and compliance with Iowa law and the terms of this Agreement. 2010 Iowa Great Places Grant Agreement 4 1 4.2 DISBURSEMENT OF FUNDS Subject to the terms and conditions of this Agreement, DCA shall disburse Grant Funds to Recipient to reimburse Recipient for approved and allowable and eligible Project costs and expenses incurred by Recipient consistent with the Project Plan and Project Budget. If DCA determines in its sole discretion that Recipient has not made substantial progress toward completion of the Project within one hundred eighty (180) days after the Effective Date of this Agreement, then DCA shall be under no obligation to disburse or further disburse any Grant Funds, and may demand that Recipient repay any and all Grant Funds previously disbursed by DCA. Notwithstanding any other provision in this Agreement to the contrary, DCA shall be under no obligation to disburse Grant Funds under this Agreement after June 30, 2011. 4.3 MAXIMUM PAYMENTS It is understood and agreed that the Grant Funds disbursed by DCA to reimburse Recipient for Project costs and expenses shall not exceed the Grant Award unless otherwise agreed in writing by DCA through a written amendment to this Agreement and that DCA's ultimate financial responsibility under this Grant Agreement will not, exceed the Grant Award. 4.4 RECORD RETENTION AND ACCESS Recipient shall maintain its books, documents and records that sufficiently and properly document Recipient's receipt and use of Grant Funds under this Agreement for a period of at least five (5) years following the later of the Project Completion Date, Termination Date, of the completion of any required audit. Recipient shall permit the Auditor of the State or any authorized representative of the State, at any time and at no charge, to access and examine, audit, excerpt and transcribe any pertinent books, documents, or electronic or optically stored and created records or other records of Recipient relating directly or indirectly to the Project, Project Property or Grant Funds. 4.5 FINANCIAL STATEMENTS Recipient shall maintain and furnish, at DCA's request, financial statements (including, without limitation, income, expense and balance sheets relating to the expenditure of Grant Funds). Recipient shall submit to DCA final Project performance and audit reports within sixty (60) days after the Project Completion Date. DCA reserves the right to require such other reports as DCA deems to be necessary, in its sole discretion; to assure that the Project and Project Property are and shall continue to be operated and maintained for the benefit and use of the public and consistent with the public purposes forming the basis of the Grant Award. 4.6 DOCUMENTATION Within ten (10) days of its receipt of a written request from DCA, the Recipient shall deliver to DCA: (i) copies of all agreements or documents relating to the Project; (ii) copies of all invoices, receipts, statements or vouchers relating to the Project; (iii) a list of all unpaid bills for labor and materials in connection with the Project; (iv) estimated remaining costs and expenses required to complete the Project; and (v) any other information or documentation related to the Project or to the expenditure of Grant Funds as DCA may request. 4.7 PRIOR COSTS No costs or expenses incurred by Recipient prior to the Effective Date shall be reimbursed by DCA unless DCA specifically agrees, in its sole discretion and in writing, to allow and reimburse such costs and expenses. 2010 Iowa Great Places Grant Agreement 5 ' 4.8 CONVEYANCE OF PROJECT PROPERTY During the Period of Restriction, Recipient shall not sell, transfer, convey, assign, encumber or otherwise dispose of all or any portion of the Project Property, whether by agreement, operation of law, or otherwise, without the prior written permission of DCA, which permission may be withheld in the sole discretion of DCA. Should DCA grant permission to the Recipient to sell, transfer, convey, assign, encumber, or otherwise dispose of the Project Property, the Recipient shall, upon DCA's demand, repay to the DCA the full amount of any Grant Funds disbursed under this Agreement. ARTICLE 5 CONDITIONS TO DISBURSEMENT 5.1 CONDITIONS TO DISBURSEMENT The following conditions shall be met before DCA disburses Grant Funds to Recipient: (a) AGREEMENT EXECUTED This Agreement shall have been properly executed by Recipient and returned to DCA within thirty (30) days of DCA's transmittal thereof to Recipient. (b) RECEIPT OF OTHER FUNDING Recipient shall have provided documentation to DCA, which demonstrates to DCA's satisfaction, that Recipient has: (1) met all applicable Great Places match requirements, including the percentage of match required; (2) expended all matching finds and all other related funds, beyond the Grant Funds, necessary to complete the Project. (e) SUBMISSION OF RECIPIENT DOCUMENTATION Recipient shall - - - have submitted the following documents to DCA: - ��yu��ct L A resolution of Recipients �eyarrrrng boci� ] authorizing the execution, delivery, and performance of this Agreement by Recipient and specifying the officer or official authorized to execute this Agreement, and such other documents that are necessary to bind the Recipient. ii. Project plan and Project Budget, which is included in the Project's 2010 Iowa Great Places grant application. iii. Project Plan and Project Budget, which is included in the Project's approved 2010 Iowa Great Places grant application. iv. Completed form "W -9, Request for taxpayer identification number and certification ". v.If Recipient is a private, non -profit entity, certified copies of the Recipient's Articles of Incorporation and By -Laws or other similar governing documents; documentation of satisfactory credit history, including, without limitation, no outstanding judgment or unsatisfied liens; documentation confirming Recipient's non - profit status (included in the Iowa Great Places grant application); and a certificate of good standing issued by the Iowa Secretary of State (included in the Iowa Great Places grant application). 2010 Iowa Great Places Grant Agreement 6 V vi. All documents required pursuant to Article 6.1 hereof. vii. Certificates of Insurance pursuant to Article 11 hereof. viii. Documents satisfying conditional approval of grant, if necessary as specified in the grant award letter. ix. Great Places Final Grant Report must be submitted along with final Great Places grant reimbursement request. X. Such other documents as DCA may reasonably request. Such documents may include, but are not limited to, a legal opinion of Recipient's legal counsel, which must be acceptable to DCA and must unconditionally opine, among other things, that this Agreement has been duly authorized, executed and delivered by the Recipient and constitutes the valid, legal, and binding obligation of the Recipient, enforceable in accordance with its terms, and the Recipient is obligated to perform its duties and obligations in accordance with this Agreement (including performance of all future conditions and payments), and that neither this Agreement nor Recipient's performance hereunder violate any constitutional, statutory, contractual or other limitations placed on the Recipient. xi. A copy of the 28E Agreement. (d) RESTRICTIVE COVENANT This Agreement shall have been recorded as a restrictive covenant for and during the Period of Restriction in the chain of title of the Project Site with the County Recorder of the county in which the Project Property is located. (e) ARTICLES OF INCORPORATION If Recipient is a non- goveriunental entity, Recipient's covenant contained in Article 8.1 hereof shall have been incorporated into Recipient's Articles of Incorporation, as well as a provision requiring the reversion of Project Property to the State, or, alternatively, the repayment to the-State-of all Grant - Funds received by Recipient for the Project Property, if Recipient (or its successors or assigns) is dissolved during the Period of Restriction, unless DCA otherwise agrees in writing to waive one or both of such requirements. ARTICLE 6 DISBURSEMENT OF GRANT FUNDS 6.1 REQUIRED DOCUMENTATION All disbursements of Grant Funds shall be subject to receipt by DCA of a reimbursement request form ( "Request for Reimbursement ") from Recipient, which shall be submitted with itemized costs and expenses listed and supporting documentation attached. Supporting documentation shall include, but is not limited to, photographs of the Project showing work for which reimbursement is sought, receipts, invoices, and cancelled checks. All such Requests for Reimbursement shall be accompanied by a written certification (in such form as may be acceptable to DCA) signed by an authorized representative, of the Recipient certifying that: (a) all work for which reimbursement is being requested has been completed, (b) such work conforms to and complies with any applicable specifications or terms contained in the Project Plan and in any other Project - related documentation, (c) all costs 2010 Iowa Great Places Grant Agreement 7 (, and expenses submitted by Recipient are allowable, eligible for reimbursement, and consistent with the Project Plan and Project Budget, and (d) all such submitted costs and expenses have been paid in accordance with the terms of any applicable contracts or other documents. Recipient shall promptly provide to DCA any additional supporting documentation or information as may be requested by DCA. DCA shall review the Request for Reimbursement, supporting documentation, and the written certification provided-by Recipient. With respect to any itemized costs and expenses submitted by Recipient for reimbursement that DCA determines are allowable, eligible for reimbursement, consistent with the Project Plan and Project Budget, and have been paid, DCA shall process disbursement to Recipient for such approved costs and expenses. DCA may witlihold disbursement of Grant Funds with respect to any costs and expenses submitted by Recipient that are not approved by DCA. 6.2 SUSPENSION OF DISBURSEMENTS If Recipient is in breach of this Agreement (as provided in Article 10 hereof), DCA may suspend disbursement of Grant Funds to the Recipient until such time as the breach has been cured to DCA's satisfaction. Notwithstanding anything to the contrary in this Agreement, upon a termination of this Agreement due to a breach by Recipient, DCA's obligation to disburse Grant Funds for the Project shall end on the date the breach occurred, or on such other date as DCA may specify in a written notice to Recipient. 6.3 DISALLOWED EXPENSES Any costs and expenses reimbursed by DCA which are subsequently determined (by DCA, the State Auditor, the Governor, or any other official or representative of the State) to be unallowable through audit procedures shall be repaid by Recipient to DCA within thirty (30) days of Recipient's receipt of any written notice of the disallowance or demand for repayment. Such written notice may be sent by DCA, the State Auditor, the Attorney General, or any other state official or representative on DCA's behalf. Recipient's duties to repay under this Article 6.3 'shall survive termination or expiration of this Agreement. ARTICLE 7 REPRESENTATIONS AND WARRANTIES OF RECIPIENT To induce DCA to make the Grant Award, the Recipient represents, covenants, and . warrants that: 7.1 AUTHORITY Recipient is duly organized and validly existing under the laws of the State of Iowa and is in good standing, and has complied with all applicable laws, regulations and orders. Recipient is duly authorized and empowered to execute and deliver this Agreement. All action on the part of Recipient, such as appropriate resolution of their governing body for the execution and delivery of the Agreement, has been effectively taken. Any authorizations and approvals required: (i) in order to execute and deliver this Agreement, and (ii) for Recipient to perform it duties and obligations under this Agreement, have been obtained. 7.2 FINANCIAL INFORMATION All financial statements and related materials concerning the Recipient, the Great Places grant application, and the Project provided to DCA are and shall be true and correct in all material respects and completely and accurately represent 2010 Iowa Great Places Grant Agreement 8 1 the subject matter thereof as of the effective date of the statements and related materials, and no material adverse change has occurred since that date. - 7.3 PROJECT PLAN The Project Plan is a complete and accurate representation of the Project. 7.4 CLAIMS AND PROCEEDINGS There are no actions, lawsuits or proceedings pending or, to the knowledge of the Recipient, threatened against the Recipient affecting in any manner whatsoever: (a) the Project Property or the Project Site, (b) Recipient's right to execute this Agreement, (c) Recipient's ability to execute the Project as described in the Project Plan and in accordance with the Project Budget, (d) Recipient's ability to perform and comply with its obligations under this Agreement, or (e) the enforceability or legality of this Agreement. 7.5 COMPLIANCE WITH LAWS AND REGULATIONS Recipient and its employees, agents, officers, directors, contractors and subcontractors shall comply with all applicable federal, state, international, and local laws, rules, ordinances, codes, regulations and orders when performing within the scope of this Agreement. Recipient represents and warrants that it has complied or will comply, in a timely fashion, with all federal, state and local laws regarding permits, licenses, and clearances that may be required to carry out the Project. 7.6 ELIGIBILITY OF EXPENSES Recipient understands and acknowledges that the governmental appropriation of monies for the Fund places limitations on the types of expenditures for which Grant Funds can be used and that Recipient will not be reimbursed for expenses that fall outside such limitations. Recipient represents and warrants that all Project expenses submitted by Recipient for reimbursement hereunder will be eligible expenses under the terms of the appropriations. 7.7 OWNERSHIP OF PROJECT SITE Recipient is the sole owner of the Project Site or Recipient has obtained all necessary rights and permissions from the owner(s) of the Project Site in order to implement the Project Plan on the Project Site as contemplated by this Agreement, and therefore, Recipient represents, covenants and warrants that it has all right, title and authority to implement the Project Plan on the Project Site. 7.8 RENEWAL OF REPRESENTATIONS The representations and warranties of thi; Article 7 are made as of the Effective Date of this Agreement and shall be deemed to be renewed and restated by the Recipient at the time of each request for disbursement of Grant Funds. 7.9 BINDING AND ENFORCEABLE AGREEMENT This Agreement has been duly authorized, executed and delivered by Recipient and constitutes the valid, legal and binding obligation of Recipient, enforceable in accordance with its terms. Recipient is obligated to perform its duties and obligations in accordance with this Agreement (including performance of all fixture conditions and payments) and neither this Agreement nor Recipient's performance of its duties and obligations hereunder violate any constitutional, statutory, contractual, or other limitations placed on Recipient. 2010 Iowa Great Places Grant Agreement 9 `% ARTICLE 8 COVENANTS OF RECIPIENT Recipient covenants to DCA that: 8.1 RECIPIENT OWNERSHIP During the Period of Restriction, Recipient will not, without the prior written consent of the DCA: (a) change the ownership, structure, or control of the Recipient, the Project Site or the Project Property, (b) merge, reorganize, or consolidate with or into any person, firm, or corporation, whether by agreement, operation of law or otherwise, or (c) sell, distribute, transfer, assign, convey, liquidate or otherwise dispose of the Project Site, Project Property or other Recipient assets associated with the Project, whether by agreement, operation of law, or otherwise. Recipient will provide DCA with at least ninety (90) days advance written notice prior to the occurrence or proposed occurrence of any of the events described above. If Recipient is a non - governmental entity, Recipient will within ninety (90) days of the effective date of this Agreement amend its Articles of Incorporation to: (i) incorporate the covenant contained in this Article 8. 1, and (ii) provide that if Recipient is dissolved during the Period of Restriction, all Project Property shall automatically revert to and be owned by the State of Iowa, or alternatively, Recipient shall prior to dissolution repay to DCA all Grant Funds disbursed to the Recipient, unless the State otherwise agrees in writing to waive one or both such requirements. 8.2 NON - ASSIGNMENT Recipient will not assign this Agreement or otherwise transfer any of its rights hereunder or delegate any of its obligations hereunder, without the prior written consent of DCA, and any such attempted assignment, transfer or delegation without DCA's prior written consent shall be void. 8.3 RECIPIENT OPERATION During the Period of Restriction, Recipient will continuously operate and maintain the Project Property and the Project Site in a manner that: (a) is consistent with the Project Plan and the Great Places grant application submitted by Recipient, and (b) preserves and maintains accessibility of the public to the Project Property and the public purpose and use for which the Project was designed and approved. Recipient will not change the scope or use of the Project or the nature of the business and activities conducted, or proposed to be conducted by Recipient on the Project Site, as contemplated in the Project Plan and Great Places grant application, without the prior written permission of DCA, which permission may be withheld in the sole discretion of DCA. 8.4 RESTRICTIONS Recipient will not place, grant or permit any restrictions, liens, encumbrances, security interests, pledges, restrictive covenants or any other limitations on or with respect to the Project Property or the Project Site during the Period of Restriction without DCA's prior written consent. 8,5 REMOVAL OF PROJECT PROPERTY Recipient will not remove from the Project Site all or any part of the Project Property without DCA's prior written consent. 8.6 NOTICE OF MEETINGS Recipient will notify DCA at least three (3) business days in advance of all meetings of its governing body at which the subject matter of this 2010 Iowa Great Places Grant Agreement 10 1Cb Agreement or Project is proposed to be discussed. The Recipient will provide DCA with copies of the agenda and minutes of such meetings and expressly agrees that DCA shall have the right to send a representative to attend any and all such meetings. 8.7 COMPLIANCE WITH LAWS AND REGULATIONS In planning, developing; operating. and maintaining the Project and the Project Property, Recipient will comply with any and all applicable federal, state, and local laws, rules, ordinances, regulations and orders, including finure administrative rules promulgated with respect to the Program. 8.8 COMPETITIVE BIDDING Recipient will employ a competitive bidding process in construction, development and all other Project - related contracts, unless DCA waives this requirement for any or all such contracts. 8.9 REPAYMENT OF REPAYMENT AMOUNTS If Recipient violates or fails to comply with Articles 4.8, 5.1, 6.3, 8.1, 8.2, 8.3, 8.4, 8.5, or 8.7, or any other material term or condition of this Agreement as determined by DCA, Recipient shall repay all Repayment Amounts within thirty (30) days of DCA's demand for repayment. In the event Recipient fails to timely pay any Repayment Amounts so demanded, Recipient shall pay interest on such amounts at the rate of ten percent (10 %) per annum without presentment, demand, protest, notice of protest, notice of intention to accelerate or other notice of any kind, all of which are expressly waived by the Recipient. 8.10 SURVIVAL Recipient's obligations set forth in this Article 8, including, without limitation, Recipient's obligation to repay the Repayment Amounts, shall survive the termination of this Agreement. 8.11 ANNUAL AND BI- MONTHLY REPORTS Recipient will submit to the DCA no later than September 1St of each year, a completed amoral report using the annual report form and corresponding instructions that are posted on DCA's website at http: / /www.iowagreatplaces.gov/. In addition, Recipient will submit to the DCA no later than the 10th of the month, a completed Bi- Monthly Project Update Report using the form and corresponding instructions that are posted on DCA's website at http://www.iowagreatplaces.gov/. 8.11 (a) Recipient will submit to the State of Iowa centralized reporting system as often as required (reporting.Iowa,gov) to collect all information from all vendors, contractors, and subcontractors of I -JOBS Rinds that flow through any Iowa State agency. The reporting requirements are outlined in I -JOBS Reporting Procedures & Guidance, dated June 25, 2010; a copy of which is hereby acknowledged received by recipient and fiscal agent. The grant funds disbursed by this agreement are I -JOBS funds that meet these reporting requirements. 8.12 ATTENDANCE AT DCA EDUCATIONAL OR TRAINING PROGRAMS Upon DCA's request, Recipient will send, at Recipient's sole expense, a representative to attend Great Places educational or training programs held by DCA from time to time in Des Moines, 2010 Iowa Great Places Grant Agreement I 1 Iowa. DCA will provide Recipient with at least thirty (30) days advance notice of the date and location of each mandatory educational or training program. ARTICLE 9 INDEMNIFICATION 9.1 INDEMNIFICATION BY RECIPIENT Recipient and its successors and permitted assigns shall defend, protect, indemnify and hold harmless the DCA, the State and their employees, officers, board members, agents, representatives, and officials ( "Indenmitees ") from and against any and all claims, actions, suits, liabilities, damages, losses, settlements, demands, deficiencies, judgments, penalties, costs and expenses (including, without limitation, the reasonable value of time of the Attorney General's Office and the costs, expenses and attorney fees of other counsel retained by any Indemnitee) directly or indirectly related to, resulting from or arising out of this Agreement, the Project, the Project Property, or the Project Site , including, but not limited to: (a) Any violation or breach of any term or condition of this Agreement by or on behalf of Recipient, including, without limitation, the famishing or making by Recipient of any statement, representation, warranty or covenant in connection herewith, that is false, deceptive, or materially incorrect or incomplete; or (b) Any act or omission of Recipient, including, without limitation, any negligent acts or omissions, intentional or willful misconduct, or unlawful acts of Recipient, its agents, officers, officials, directors, employees, board members, subsidiaries, affiliates, contractors or subcontractors; or -- (c) Recipient's performance or attempted performance of this Agreement, or r: - (d) Failure by Recipient or its agents, officers, officials, directors, employees, board members, subsidiaries, affiliates, contractors or subcontractors to comply with any applicable local, state, federal and international laws, rules, ordinances and regulations. 9.2 SURVIVAL Recipient's duties as set forth in this Article 9 shall survive the termination of this Agreement and shall apply to all acts or omissions taken or made in connection with the performance of this Agreement regardless of the date any potential claim is made or discovered by DCA or any other Indemnitee. 9.3 DEFENSE OF CLAIM DCA shall reasonably cooperate with Recipient to facilitate the defense of any claim or action against DCA. DCA reserves the right to participate in the defense of any such claim or action. ARTICLE 10 TERMINATION 2010Iowa Great Places Grant Agreement 12 t1 10.1 TERMINATION FOR CAUSE BY DCA DCA may terminate this Agreement upon written notice for the breach by Recipient or any fiscal agent of any term, condition, provision or covenant of this Agreement, if such breach is not cured within the time period specified in DCA's notice of breach or any subsequent notice or correspondence delivered by DCA to Recipient, provided that cure is feasible. In addition, DCA may terminate this Agreement effective immediately without penalty and without advance. notice or opportunity to cure for any of the following reasons: (a) Recipient furnishes any statement, representation, warranty or certification in connection with this Agreement or the Great Places grant application that is false, deceptive, misleading or materially incorrect or incomplete; (b) Recipient or any of Recipient's officers, directors, employees, agents (including any fiscal agent), subsidiaries, affiliates, contractors or subcontractors has committed or engaged in fraud, misappropriation, embezzlement, malfeasance, misfeasance, or bad faith; (c) Dissolution of Recipient or any parent or affiliate of Recipient owning a controlling interest in Recipient, or termination or suspension of Recipient's business; (d) Recipient's corporate existence or good standing in Iowa is suspended, terminated, revoked or forfeited; (e) Recipient has failed to comply with any applicable international, federal, state, or local laws, rules, ordinances, regulations or orders when performing within the scope of this Agreement; - ---- (f) DCA determines or believes the Recipient has engaged in conduct that has or may expose the DCA or the State of Iowa to material liability, or if DCA determines or believes that the prospect of payment and satisfaction of the Recipient's obligations under this Agreement, or the performance of or observance by Recipient of any of the terms, conditions and/or covenants in this Agreement is or will be materially impaired; (g) Recipient or any corporation, shareholder or entity having or owning a controlling interest in Recipient: (i) becomes insolvent or bankrupt; (ii) admits in writing its inability to pay its debts as they mature; (iii) makes an assignment for the benefit of creditors; (iv) applies for or consents to the appointment of a trustee or receiver for the Recipient or for the major part of its property; (v) has a trustee or receiver appointed for it or for all or a substantial part of its assets, and the order of such appointment is not discharged, vacated or stayed within sixty (60) days after such appointment; or (vi) bankruptcy, reorganization, arrangement, insolvency, or liquidation proceedings or other proceedings for relief under any bankruptcy or similar law or laws for the relief of debtors, are instituted by or against Recipient and, if instituted against Recipient is consented to, or, if contested by Recipient, is not dismissed by the adverse parties or by an order, decree or judgment within sixty (60) days after such institution; 2010 Iowa Great Places Grant Agreement 13 �I 1 (h) In DCA's sole determination, Recipient has not made substantial progress toward completion of the Project within one hundred eighty (180) days after the Effective Date of this Agreement, or if Recipient fails to complete the Project by the Project Completion Date; (i) In DCA's sole determination, the Project is not operated and maintained at a professional level consistent with the highest industry standards, is no longer accessible to the public or is no longer serving and providing a public use or benefit consistent with the public purposes forming the basis for the Grant Award; (j) If the Recipient expends Grant Funds for purposes other than for payment of allowable and approved itemized costs and expenses submitted by Recipient in a Request for Reimbursement; (k) Recipient fails to receive the matching funds and other funds, besides the Grant Funds, necessary to complete the Project under the terms of this Agreement; (1) If loss, theft, damage, or destruction of any substantial portion of the Project Property or Project Site occurs for which there is either no insurance coverage or for which, in the opinion of DCA, there is insufficient insurance coverage. 10.2 TERMINATION DUE TO LACK OF FUNDS OR CHANGE IN LAW Notwithstanding anything in this Agreement to the contrary, DCA shall have the right to terminate this Agreement immediately, without penalty or liability and without advance notice, as a result of any of the following: - - - (a) The-Legislature or Governor of the State fails to appropriate Rurds sufficient in the sole opinion of DCA to allow DCA either to meet its obligations under this Agreement or to operate as required to fulfill its obligations under this Agreement. (b) Program funds are de- appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by DCA to make reimbursements hereunder are insufficient or unavailable for any other reason as determined by DCA in its sole discretion. (c) If DCA's authorization to conduct its business or engage in activities or operations related to the subject matter of this Agreement is withdrawn or materially altered or modified, or if the DCA's duties, programs or responsibilities are modified or materially altered. (d) If there is a decision of any court, administrative law judge or an arbitration panel or any law, rule, regulation or order is enacted, promulgated or issued that materially or adversely affects the DCA's ability to fulfill any of its obligations under this Agreement. 2010 Iowa Great Places Grant Agreement 14 �b 103 MUTUAL TERMINATION FOR CONVENIENCE This Agreement may be terminated, in whole or in part, upon the mutual agreement of the parties for any reason. 10.4 TERMINATION OR EXPIRATION OF MOU Uporf the expiration or earlier termination of the MOU, DCA shall have the option to terminate this Agreement. 10.5 NON - EXCLUSIVE REMEDY DCA's right to terminate this Agreement shall be in addition to and not exclusive of other remedies available to DCA, and DCA shall be entitled to exercise any other rights and pursue any remedies, in law, at equity, or otherwise. 10.6 EFFECT OF TERMINATION (a) If this Agreement is terminated by DCA pursuant to Article 10.1 hereof, Recipient shall repay all Repayment Amounts within thirty (30) days of DCA's written demand for repayment. In the event Recipient fails to timely pay any Repayment Amounts so demanded, Recipient shall pay interest on such amounts at the rate of ten percent (10 %) per annum without presentment, demand, protest, notice of protest, notice of intention to accelerate or other notice of any kind, all of which are expressly waived by the Recipient. (b) If this Agreement is terminated by DCA pursuant to Article 10.2 hereof, by agreement of the parties pursuant to Article 10.3 hereof, or upon the termination or expiration of the MOU pursuant to Article 10.4 hereof, disbursements shall be paid for properly documented and allowable Project costs and expenses incurred by Recipient through the Termination Date within thirty (30) days of receipt by DCA of a Request for Reimbursement for such costs and expenses, subject to legally available Grant Funds and subject to DCA's approval of such costs and expenses. Any costs and expenses reimbursed by DCA which are subsequently determined to be unallowable through audit procedures shall be returned by__Recipient to DCA. within thirty (3 0) days of notice of the disallowance. ARTICLE 11 INSURANCE 11.1 INSURANCE REOUIREMENTS Recipient shall, at its sole expense, maintain in full force and effect, with insurance companies admitted to do business in the State and acceptable to DCA, insurance covering the Project Property. The insurance shall be of a scope and coverage that is acceptable to DCA; shall name DCA and the State as additional insured or loss payees, as the case may be; and shall not be canceled, reduced or changed without DCA's prior written consent. Recipient shall, at a minimum, provide the coverage set forth below. 11.2 FIRE AND EXTENDED CASUALTY Recipient shall provide and continuously maintain, throughout the useful life of the Project Property, fire and extended coverage casualty insurance (including an endorsement for vandalism and mischief) covering the Project Property in an amount equal to the full replacement cost of the Project Property; and 11.3 BUILDERS RISK INSURANCE Coverage shall be made effective on the 2010 Iowa Great Places Grant Agreement 15 t inception date of construction on the Project and will terminate upon the Project Completion Date. 11.4 CLAIMS PROVISION The insurance policies required by this Agreement shall provide coverage on an "occurrence basis" for all claims arising from activities occurring during _ the term of the policy regardless of the date the claim is filed or expiration of the policy. . 11.5 CERTIFICATES OF INSURANCE At the time of execution of this Agreement, Recipient shall deliver to DCA certificates of insurance certifying the types and the amounts of coverage and also certifying that no cancellation or modification of the insurance policies will be made without at least thirty (30) days prior written notice to the DCA. All certificates of insurance shall be subject to approval by DCA. 11.6 LIABILITY OF RECIPIENT Acceptance of the insurance certificates by DCA shall not act to relieve Recipient of any obligation under this Agreement. It shall be the responsibility of Recipient to keep the respective insurance policies and coverages cuff ent and in force as provided herein. Recipient shall be responsible for all premiums, deductibles and for any inadequacy, absence or limitation of coverage. 11.7 WAIVER OF SUBROGATION Recipient shall obtain a waiver of any subrogation rights that any of its insurance carriers may have against DCA or the State. The waiver of subrogation rights shall be indicated on the certificates of insurance coverage supplied to DCA. ARTICLE 12 GENERAL TERMS AND PROVISIONS 12.1 BINDING EFFECT This Agreement shall be binding upon and shall inure to the benefit of DCA and Recipient and their respective heirs, successors, legal representatives and assigns. 12.2 TIME IS OF THE ESSENCE Time is of the essence with respect to Recipient's performance of its obligations under this Agreement. 12.3 IOWA GREAT PLACES RECOGNITION The Project shall permanently recognize, in a manner acceptable to DCA, the financial contribution to the Project made by the State through the Program. Iowa Great Places signs are to be displayed on the Project Site; such signs will be provided by Iowa Great Places. In press releases and other publications, Iowa Great Places and the Iowa Department of Cultural Affairs shall be recognized for its financial contribution. 12.4 SEVERABILITY Each provision of this Agreement shall be deemed to be severable from all other provisions of the Agreement and, if one or more of the provisions of the Agreement shall be declared invalid, the remaining provisions, of the Agreement shall remain in full force and effect. 2010 Iowa Great Places Grant Agreement 16 1 12.5 CHOICE OF LAW AND FORUM The laws of the State of Iowa shall govern and determine all matters arising out of or in connection with this Agreement without regard to the choice of law provisions of Iowa law. In the event any proceeding of a quasi-judicial or judicial nature is conunenced in connection with this Agreement, the proceeding shall be brought in Des Moines, Iowa, in Polk County District Court.for the State of Iowa, if such court has jurisdiction. If however, such court lacks jurisdiction and jurisdiction lies only in a United States District Court, the matter shall be commenced in the United States District Court for the Southern District of Iowa, Central Division. Recipient irrevocably: (i) consents and agrees that any legal or equitable action or proceeding arising under, in connection with or arising out of this Agreement shall be brought and maintained exclusively in the aforesaid courts; (ii) submits to and accepts, with respect to any such action or proceeding, for it and in respect of its properties and assets regardless of the physical or legal situs thereof, generally and unconditionally, the jurisdiction of the aforesaid courts; and (iii) waives any objection to such jurisdiction based on forum non conveniens or otherwise. This provision shall not be construed as w��a}'ving any immunity to suit or liability, in state or federal court, which may be available to`DCA or the State of Iowa. Irla i-e0 p: koct) 12.6 MODIFICATION Neither this Agreement nor any documents incorporated by reference in connection with this Agreement may be changed, waived, modified, amended or discharged except through a writing executed by both parties. Examples of situations where amendments are required include, without limitation, extensions of the Project Completion Date or material changes to the Project. DCA will consider whether an amendment request is so substantial as to necessitate re- evaluating DCA's decision to provide a Grant Award for the Project. An amendment will be denied by DCA if it substantially alters the circumstances under which the Project funding was originally approved or if it does not meet requirements set forth in' Iowa Code Sections 303.3C or 303.31). 12.7 NOTICES Notices under this Agreement shall be in writing and delivered to the representative of the party to receive notice (identified below) at the address of the party to receive notice as it appears below or as otherwise provided for by proper.notice hereunder. The effective date for any notice under this Agreement shall be the date of delivery of such notice (not the date of mailing) which may be effected by certified U.S. Mail return receipt requested with postage prepaid thereon or by recognized overnight delivery service, such as Federal Express or UPS: (a) Any notice or communication sent by certified U.S. Mail under this Agreement shall be deemed given upon receipt as evidenced by the U.S. If to DCA: Iowa Great Places Iowa Department of Cultural Affairs State Historical Building 600 E Locust St Des Moines, IA 50319 If to Recipient: Wendy Ford City Hall 2010 Iowa Great Places Grant Agreement 17 t 410 E. Washington Street Iowa City, IA 52240 Postal Service return receipt card, or if sent by overnight delivery service, upon receipt as evidenced by the signature obtained by the carrier. (b) From time to time, the parties may change the name and address of a party designated to receive notice. Such change of the designated person shall be in writing to the other party and as provided herein. 12.8 WAIVERS Except as specifically provided for in a waiver signed by a duly authorized representative of DCA, the failure by DCA at any time to require performance by Recipient or to claim a breach of any provision of this Agreement shall not be construed as affecting any subsequent breach or the right to require performance with respect thereto or to claim a breach with respect thereto. No term or condition of this Agreement shall be held to be waived, modified, or deleted except by an instrument, in writing, signed by DCA. 12.9 CUMULATIVE RIGHTS The various rights, powers, options, elections and remedies of DCA and the State provided in this Agreement shall be construed as cumulative and no one of them is exclusive of the others or exclusive of any rights, remedies or priorities allowed DCA and the State by law, and shall in no way affect or impair the right of the DCA or the State to pursue any other contractual, equitable or legal remedy to which DCA or the State may be entitled. The election by DCA or the State of any one or more remedies shall not constitute a waiver of the right to pursue other available remedies. 12.10 LIMITATION OF FINANCIAL OBLIGATION It is agreed by the Recipient that DCA shall not, under any circumstances, be obligated financially under this Agreement except to disburse Grant Funds according to the terms of the Agreement. 12.11 ENFORCEMENT EXPENSES The Recipient shall pay upon demand any and all reasonable fees and expenses of DCA, including the fees and expenses of DCA's attorneys (including, without limitation, the reasonable value of time of the Attorney General's Office), experts and agents, in connection with the enforcement of any of the rights of DCA under this Agreement. 12.12 HEADINGS The headings in this Agreement are intended solely for convenience of reference and shall be given no effect in the construction and interpretation of this Agreement. 12.13 EVENT OF DCA DISSOLUTION Recipient hereby acknowledges that DCA is a public instrumentality of the State and that in the event that DCA is dissolved for any reason, the State is entitled to enforce any right, title or interest held by DCA hereunder, and all of Recipient's obligations hereunder are owed to the State. 12.14 SURVIVAL The parties' rights and obligations under Articles 4, 6, 8, 9, 10, 11 and 12, and wherever else specified herein, shall survive expiration or termination of this Agreement for any reason. 2010 Iowa Great Places Grant Agreement 18 ,(b 12.15 FINAL AUTHORITY DCA shall have the final authority to assess whether the Recipient has complied with the terms of this Agreement. DCA's decision shall be final and binding on all questions concerning Recipient's compliance with the terms hereof. 12.16 MULTIPLE COUNTERPARTS This Agreement may be executed in multiple counterparts, each of which will be an original, but all of which, taken together, will constitute one and the same Agreement. 2010 Iowa Great Places Grant Agreement 19 1 `b IN WITNESS WHEREOF, in consideration of the mutual covenants set forth above and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the parties have entered into the above Agreement and have caused their duly authorized representatives to execute this Agreement, effective as of the Effective Date. STATE OF IOWA ) SS COUNTY OF IOWA DEPARTMENT OF CULTURAL AFFAIRS. Name: C )eKo; >lri >t Title: '-�) ;a y'-For' This instru nl was acknowledged before me on z2 K� 2010 b5 ' /u% the �d7 of the Iowa Department of Cultural f 'r . NOTARIALAL (si I Vhature of n rial officer) My commission expires: 2010Iowa Great Places Grant Agreement 20 ' 1 ATTEST: k. City Clerk STATE OF IOWA ) ) SS COUNTY OF Johnson Recipient Name: Matthew J. Hayek Title: Mayor Matthew J. Hayek, Mayor This instrument was acknowledged before me on August 17 2010 by the [title] Of Iowa City and Marian K. Karr, City Clerk-^ / (signature of notarial officer) ,r SONDRAE FORT _. commission Number t5979t My Commission Exp(res My commission expires: 31'710d« 2010 Iowa Great Places Grant Agreement 21 ,� APPLICATION PACKET COVER PAGE GREAT PLACES Great Place IOWA CITY OF LITERATURE Local Project Manager WENDY FORD Title ECO. DEV. COORDINATOR Address 410 E. WASHINGTON STREET City IOWA CITY State IOWA Zip Code 52240 Telephone (319) 356 -5248 FAX Number (319) 356 -5217 E -mail WEN DY-FO RDft_IOWA-CITY. ORG Great Place Geography (select one) ❑ Neighborhood ❑ County ® City ❑ Region Population: 66.360 (use estimated 2010 US Census) Percentage match category:30% (as mandated by the categories given in RFA Section 1.04, Funding Outline) Proiect Title Literary Walk Expansion Great Place Funding Requested $170,000 TOTAL GREAT PLACES FUNDING REQUEST: SIGNATURE OF GREAT PLACE LOCAL PROJECT MANAGER Signatory affirms that a consensus decision,was reached by the local_ Great Places committee as to which project(s) and associated grant request(s) to submit in this application packet. (Original copy must have an original signature in blue ink.) Signature Date June 7. 2010 Print Named Title Jea a #e, 7? �t APPLICATION PROJECT SUMMARY Applicant's Great Place: IOWA CITY OF LITERATURE Project Title (10 words or less): LiterarV Walk Extension to Northside Market Place Applicant Organization: City of Iowa CitV Federal ID Number: Contact Person: Wendy Ford Title: Eco, Dev. Coordinator Fiscal Agent (if different from applicant organization): City of Iowa City of Iowa City Address (where checks would be mailed): % WendV Ford City Hall, 410 E. Washinqton St. City Iowa City State IA Zip Code 52240 Telephone (319) 356 -5248 FAX Number (319) 356 -5217 E -mail wends- ford @iowa- city.org Type of Applicant ® City Government ❑ County Government Budget Sununary: Great Places Request Match Applicant In -kind Match ❑ Other, please specify $ 469,273.25 $ 170,000.00 $ 1,280.00 Other Applicant Fiscal Contributions $ Total Project Cost $ 639,273,25 Project Completion Date: June 30, 2010 Applicant Cash If appropriate, has a feasibility study and /or business plan been completed? ❑ Not appropriate ® Yes ❑No; explain If appropriate, please state the amount of Great Places direct grants this project has received, $ 0 has this money been spent in full? Yes ❑ No ❑ Brief (100 word) summary of the project: This project expands the Literary Walk, a public art project based on literary passages of famous authors, some of whom lived and worked in Iowa City. A variety of sculptural elements will be incorporated including, art pedestals with book stacks, custom tree grates, light pole mounted text and sign toppers. 2010 Iowa Great Places Grant Application: Iowa City Literary Walk Extension North side Marketplace Page 2 Literary passages will be a part of each of these elements. The Northside Marketplace Literary Walk corridor will visually connect the academic, commercial and residential neighborhoods central to Iowa City which served as the creative backdrop for the authors who helped forge what is now known as the UNESCO City of Literature. SIGNATURE OF LEGAL ENTITY OWNING PROPERTY ON WHICH IMPROVEMENTS WILL BE MADE Signatory affirms that the contents of this application are complete and truthful to the best of his /her knowledge. (Original copy must have an original signature inblue ink) Signature Print Name and Date 1� 2010 Iowa Great Places Grant Application — 18 SECTION 1: Project Plan and Timeline The goal of the first phase of this project are to revitalize the Northside Marketplace neighborhood with streetscape upgrades that include a long- awaited extension of Iowa City's Literary Walk. The Northside Marketplace (NMP) was the home neighborhood of many of the authors who have lived and worked in Iowa City or attended the Iowa Writer's Workshop. Presently, the streetscape is tired and run down and the neighborhood businesses have joined with the city and a team of Landscape Architects to create a new and vibrant streetscape with an identity that ties into the Iowa Avenue Literary Walk, yet is separate and complementary to the Iowa Avenue installation. The first concern is to provide a safe public right of way which includes new curb and gutter, new sidewalk concrete, new lighting, bike racks and benches. The public gathering spaces outside the businesses in this neighborhood have been well -loved by their patrons for decades, but they are showing their age and need to be upgraded. The infrastructure improvements set the stage for the installation of the most unique new Literary Walk installations, which include public art pedestals, sign - toppers, tree - grates and light post art, which all showcase a literary passage from a locally relevant author. 2010 Iowa Great Places Grant Application: Iowa City Literary Walk Extension North side Marketplace Page 4 `� Year One Implementing Date Activities and Work Description Organization Complete Northside Marketplace Streetscape plans to include Literary Walk elements. Determine Budgets. Spring 2010 Secure City funding. City, Confluence Public Art Set up sub committee of established Public Art Advisory committee to choose literary selections and Committee with Summer 2010 attain permissions to use. subcommittee Artist to begin fabrication of literary walk Andrews - Summer -Fall 2010 elements LeFevre Studios Landscape Architect to develop construction Summer -Fall 2010 documents Confluence Streetscape upgrade Late April 2011 Literary Walk installation City June 30. 2011 Project Completion Date City 2010 Iowa Great Places Grant Application: Iowa City Literary Walk Extension North side Marketplace Page 4 `� SECTION 2: Narrative 1. How does the project help to fiuther each of the Seven Dimensions of a Great Place? A Unique Sense of Place Even before the UNESCO City of Literature designation, Iowa City is known worldwide as the place where great writing begins. We like to think that one of the reasons Iowa City is so conducive for writing are the enclaves created by unique neighborhoods. The Northside Marketplace is one such neighborhood, and as home to businesses that have been anchored in the area for decades, remains much the same as it has been throughout the literary history of the community. Known for institutions such as George's Buffet and the Hamburg Inn #2, visitors and residents, students and families, intellectuals and their neighbors, view the Northside Marketplace as a destination. The Hamburg Inn #2, with it's iconic status as a must stop for political hopefuls is so popular, that it was featured on TV's West Wing show a few years ago. Engaging Experiences As a neighborhood commercial area, the Northside Marketplace is as authentic as it gets. The larger Northside neighborhood, home to residents, students and many of the Iowa Writer's Workshop participants, come to the Northside Marketplace to do business, laundry, to eat, drink, read, shop and socialize. In this setting, mingled with visitors and locals, writers proliferate, intellectuals share ideas and neighbors gather everyday. A Sustainable Community & Pleasing Environment A neighborhood with wider sidewalks, benches to sit on, and plentiful bike racks encourages people to walk more and drive less. When people enjoy the neighborhood at the street level, they visit the neighborhood more frequently. More pedestrians and fewer cars promote healthy business environments and a healthy environment in which to live. Creating the inviting pedestrian friendly streetscape goes a long way in forward the sustainable community principles. A Rich, Diverse Social Fabric As the social hub of the neighborhood, the NMP is the epitome of a rich and diverse social fabric. Home to Iowa City's own resident theater company, one of the oldest family owned corner grocery stores in the state, and about a dozen restaurants including Mediterranean and Chinese foods, two bookstores and a knit shop, the little marketplace is a hub of social activity. A Vital, Creative Economy The Northside Marketplace, downtown Iowa City's next door neighbor, enjoys the cache of being just a little funky. That little bit of funk is the setting that people of the creative economy seek. They shy away from the standard or sterile and seek out the unique and unusual. As the closest walkable neighborhood to the University of Iowa, the area is attractive to a wide segment of the Iowa City's creative class. From the designers of Guitar Hero, to the writers at the workshop, to the Engineering and Medical professors buried in their research, the Northside Market neighborhood offers a respite from the usual and inspiration from the unusual. This diverse and creative population supports the businesses of the Northside Marketplace and makes up a significant part of the neighborhood population. 2010 Iowa Great Places Grant Application; Iowa City Literary Walk Extension North side Marketplace Page 5 ,� A Strong Foundation The Literary Walk Extension project reaches from the heart of Iowa City and connects to one of its many limbs, the Northside Marketplace. The value that the business community and City planners seek to ensure with the extension of the heart of the community, demonstrates the philosophy that great spaces make great places. The addition of this infrastructure including the Literary Walk Expansion, improves upon a good space and makes it a great space. It will promote and enhance pedestrian activity, social gathering and places of business where everyone — town, gown and visitors — are welcome. A Creative Culture Iowa City is one of 20 cities in the UNESCO Creative Cities Network. That designation was awarded for the historical significance of the Writing University programs together with the community of book stores, publishers, book arts, readings, literacy programs and activities that currently happen here. In a study commissioned by the City, consultants remarked continually on the "cool vibe" of Iowa City. Cool vibes attract interesting people, and cool places serve as a great mixing agent of people, ideas, and business, which is ensures the churn of creativity and prosperity for those people, their ideas, and businesses. The consultants also noted that the City had to work hard to keep their edge in being a creative community. The Literary Walk Extension will help to continue to propel Iowa City further into the creative cities realm. 1. How does the project meet the needs of the Place and better promote Iowa to residents and visitors? Who will use this project? ' Because the NMP is a neighborhood commercial area a block from the heart of downtown Iowa City, the entire community uses the area. The area is a destination for visitors, as it is home to the Hamburg Inn #2, a quirky diner reminiscent of the 50s that has the distinction of being a must -stop on many a presidential campaign. Around the corner, the Riverside Theater, Iowa City's own resident theater company offers a full calendar of plays and partners with area restaurants for dinner theater packages. This activity generates many visitors from out of town. Additionally, there are about a dozen restaurants ranging from fine cuisine, ethnic and arguably, the best pizza in the nation. The NMP is a destination for locals and visitors alike. Is there a cost to those who attend or use the project? This is a neighborhood foremost, and anyone can enjoy a neighborhood without spending a penny. Who does the project benefit? . The community benefits because the project will be a source of pride. Pride generates investment in a community and that translates to healthy businesses and increased property tax base, which provides property tax relief to citizens. The University of Iowa and business community benefit because there will be one more neighborhood worthy of the recruiting circuit — the nickel tour that any recruiter of workers, faculty or business offers. Visitors benefit because they are treated to something special that they won't encounter anywhere else in Iowa or the nation. 2010 Iowa Great Places Grant Appl ication:l owa City Literary Walk Extension North side Marketplace Page lei How does this project address accessibility needs for all potential visitors? Because the project is on City right -of -way, all ADA requirement will be met. How does this project help meet the needs of Iowa's residents and improve visitors experience? Streetscapes are like front yards for communities. Residents and visitors alike gain a sense of the values held by the property owner by how well it is kept. The new streetscape in the NMP will impart a sense of pride that will permeate the community and be evident to those who come to visit. When your place looks nice, offers some intellectual stimulation of the literary and visual arts, and serves up a host of cultural activities to boot, your visitors' have an authentic engagement —an experience that is splendid. 3. Consensus on priority of our Great Place projects? This project is deemed significant for two reasons. First, is the conceptual integration of the North Side Marketplace neighborhood into the downtown Literary Walk brings to life and strengthens the thematic unity of the City of Literature. The second reason is the consensus of citizens, public art committee, artists, landscape architects, and multiple municipal departments to approach this Literary Walk Public Art in practical ways that make sense for everyone: location, design, and maintenance. Additionally, this project is recognized as being well conceived with extensive planning and budgeting already developed. 4. Please describe how this project will be maintained and managed over the next 20 or more years. This project is part of the City infrastructure and will be maintained in perpetuity, as such. 2010 Iowa Great Places Grant Application: Iowa City Literary Walk Extension North side Marketplace Page 7 <� SECTION 3: Proiect Budget (detailed budget attached) Cash Match Great Places City of Iowa Project Grant Request In Kind City Component Cost Requested Secured secured Zone A Total $102,881.85 $1021881.85 Zone B Total $63,730.01 63 730.01 Zone C Total $167,968.64 $167,698.64 Zone D Total $91,712.75 $ 91 712,75 Lit Walk— Public Art Selection Committee 2,480.00 $ 1,280.00 $ 1,200.00 Lit Walk Design Features Total $M w= 00 1 Percent of Project Total 100% 27% 0.20% 73% SECTION 4: SupportiuLy Documents A. Detailed City of Iowa City Project Budget B. Letter of support — UNESCO City of Literature C. Letter of support — Iowa City Area Chamber of Commerce D. Letter of support — Iowa City Coralville Convention & Visitor Bureau 2010 Iowa Great Places Grant Application: Iowa City Literary Walk Extension North side Marketplace Page 8 1 0 City of Literature Great Places Literary Walk Extension Budget - Element I Qty I Unit Unit Cost Extended Total Zone A Streetscape I South half of block on Linn btw Jefferson and Market Streets Mobilization 1 LS $ 3,200.00 Traffic Control 1 LS $ 3,500.00 Remove and Salvage Meters 6 LS $ 300.00 Remove and Salvage Light Poles 1 LS $ 250.00 Remove PCC Curb 374 LF $ 3.50 $ 1,309.00 Remove Street Paving 748 SF $ 5.00 $ 3,740.00 Remove Brick Pavers 1574 SF $ 1.75 $ 2,754.50 Remove PCC Walk 1877 SF $ 2.50 $ 4,692.50 Install 6" PCC Walk 1637 - SF 1 $ 4.00 $ 6,548.00 Install 6" Depth Color Stamped Pvemt 1354 SF $ 13.50 $ 18,279.00 Install Light Pole Foundations 3 EA $ 1,200.00 $ 3,600.00 Install Integral PCC Curb and Gutter 324 SL $ 28.00 $ 9,072.00 Rewire New Light Pole Locations 3 LS $ 4,500.00 Over Excavate Subbase 380 SY $ 2.50 $ 950.00 4" Modified Subbase 380 SY $ 6.50 $ 2,470.00 Reinstall Light Poles 1 LS $ 800.00 Install New Light Poles 2 EA $ 4,000.00 $ 8,000.00 Install New Benches - 2 EA 1 $ 800.00 $ 1,600.00 Install Street Trees 1 EA $ 450.00 $ 450.00 Restore Turf Areas (sod) 808 SF $ 0.50 $ 404.00 Subtotal $ 76,419.00 15% contingency $ 11,462.85 Estimated design fee $ 15,000.00 Zone A Total $ 102,591.85 Zone B Streetscape I North half of block on Linn btw Jefferson and Market Streets Mobilization 1 LS $ 3,200.00 Traffic Control 1 LS $ 3,500.00 Remove and Salvage Meters 3 LS $ 150.00 Remove PCC Curb 157 LF $ 3.50 $ 549.50 Remove Street Paving 314 SF $ 5.00 $ 1,570.00 Remove Brick Pavers 1635 SF $ 1.75 $ 2,861.25 Remove PCC Walk 1064 SF $ 2.50 $ 2,660.00 Install 6" PCC Walk (non-colored) 1117 SF, $ 4.00 $ 4,468.00 Install 6" Depth Color Stamped Pvmt. 1064 SF 1 $ 13.50 $ 14,364.00 Install integral PCC Curb and Gutter 157 LF $ 28.00 $ 4,396.00 Over Excavate Subbase 242 SY $ 2.50 $ 605.00 4" Modified Subbase 242 SY $ 6.50 $ 1,573.00 Reinstall Site Furnishings 1 LS $ 1,000.00 Install New Benches 6 EA $ 800.00 $ 4,800.00 Install 4.5' Bike Racks 1 EA $ 225.00 $ 225.00 Ash Urns 4 EA $ 200.00 $ 800.00 _ Subtotal $ 46,721.75 15% contingency - $ 7,008.26 Estimated design fee $ 10,000.00 Zone B Total $ 93,730.01 ,t Page 1 of5 City of Literature Great Places Literary Walk Extension Budget Element Qty it Unit Cost Extended Total Zone C Streetscape I South half of block on Linn btw Market and Bloomington Streets Mobilization 1 LS $ 3,200.00 Traffic Control 1 LS $ 3,500.00 Remove and Salvage Meters 7 LS $ 350.00 Remove and Salvage Light Poles 4 LS $ 1,000.00 Remove and Salvage Benches 2 LS $ 250.00 Remove Trees 3 EA $ 600.00 $ 1,800.00 Remove and Salvage Trash Recep. 2 LS $ 200.00 Remove Sculpture Pad 1 LS $ 200.00 Remove and Salvage Bike Rack 2 LS $ 200.00 Remove Stone Planter Curb 1 LS $ 150.00 Remove PCC /Stone Curb 320 LF $ 3.50 $ 1,120.00 Remove Street Paving 640 SF $ 5.00 $ 3,200.00 Remove Brick Pabers 2205 SF $ 1.75 $ 3,858.75 Remove PCC Walk 3033 SF $ 2.50 $ 7,582.50 Install 6" PCC Walk (non colored) 2246 SF $ 4.00 $ 8,984.00 Install 6" Depth Color Stamped Pvmt. 2814 SF $ 13.50 $ 37,989.00 Install Light Pole Foundations 4 EA $ 1,200.00 $ 4,800.00 Install Integral PCC Curb and Gutter 320 LF $ 28.00 $ 8,960.00 Rewire New Light Pole Connection 4 LS $ 6,000.00 Over Excavate Subbase 640 SY $ 2.50 $ 1,600.00 4" Modified Subbase 640 SY $ 6.50 $ 4,160.00 Reinstall Light Poles 4 LS $ 3,200.00 Reinstall Site Furnishings 1 LS $ 2,000.00 Install New Benches 10 EA $ 800.00 $ 8,000.00 Install Street Trees 7 EA $ 450.00 $ 3,150.00 Information Kiosk 1 LS $ 4,000.00 Install P;anlers 4 EA $ 1,200.00 $ 4,800.00 Install 4.5' bike Racks 3 EA $ 225.00 $ 675.00 Trash Receptacles 2 EA $ 400.00 $ 800.00 Ash Urns 6 EA $ 200.00 $ 1,200.00 Subtotal $ 126,929.25 15% contingency $ 19,039.39 Estimated design fee $ 22,000.00 Zone C Total S ts�ssesa 1t Page 2 of;$ City of Literature Great Places Literary Walk Extension Budget Element Qty it Unit Cost Extended Total Zone D Streetscape I North half of block on Linn btw Market and Bloomington Streets Mobilization 1 LS $ 3,200.00 Traffic Control 1 LS $ 3,500.00 Remove and Salvage Meters 5 LS $ 250.00 Remove and Salvage Light Poles 2 LS $ 500.00 Remove Trees 3 EA $ 800.00 $ 2,400.00 Remove PCC /Stone Curb 327 LF $ 3.50 $ 1,144.50 _ Remove Street aving 818 SF $ 5.00 $ 4,090.00 Remove PCC Walk 1717 SF $ 2.50 $ 4,292.50 Install 6" PCC Walk (non - colored) 1782 SF $ 4.00 $ 7,128.00 Install Color Stamped Burb Edge 576 SF $ 13.50 $ 7,776.00 Install Light Pole Foundations 4 EA $ 1,200.00 $ 4,800.00 Install Integral PCC Curb and Gutter 327 LF $ 28.00 $ 9,156.00 Rewire New Light Pale Locations 4 LS $ 6,000.00 Over Excavate Subbase 262 SY $ 2.50 $ 655.00 4" Modified Subbase 262 SY $ 6.50 $ 1,703.00 Reinstall Light Poles 2 LS $ 1,600.00 Install New Light Poles 2 EA $ 4,000.00 $ 8,000.00 Install Street Trees 5 EA $ 450.00 $ 2,250.00 Restore Turf Areas (sod) 3480 SF $ 0.50 $ 1,740.00 Subtotal $ 70,185.00 15% contingency $ 10,527.75 Estimated design fee $ 11,000.00 Zone D Total $ 91,712.75 Literary Walk I Public Art Selection Committee Meeting Agendas and Packets 4 EA $ 50.00 $ 200.00 8 committee members 128 HRs $ 10.00 $ 1,280.00 Administration 40 --AR $ 25.00 $ 1,000.00 Literary Walk I Public Art Selection Committee $ 2,480.00 Literary Walk Design Features I Zones A, B, C and D Lecturn Pedestal with Book Stack 3 EA $ 19,800.00 $ 59,400.00 Light Pole Mounted Text 8 EA $ 6,000.00 $ 48,000.00 Low Pedestal with Books 3 EA - $ 13,800.00 $ 41,400.00 Tree Grate Casting 2 EA $ 12,200.00 $ 24,400.00 Sign Topper 4 EA $ 1,000.00 $ 4,000.00 Additional Kiosk Castings $ 7,700.00 Freight $ 2,000.00 Ground Plane Texture in Colored Concrete 175 LF $ 60.00 $ 10,500.00 Ground Plane Texture in Concrete 60 LF $ 40.00 $ 2,400.00 Installation Costs (foundations previous) installed) $ 2,400.00 Consultant Fee $ 8,300.00 Literary Walk Design Features Total $ 210,500.00 GRAND TOTAL OPINION OF COST 1 1 $ 639,273.25 1� Page 3 of June 6, 2010 Iowa Great Places Grant Review Committee Department of Cultural Affairs State Historical Building 600 E. Locust Street, 3.d Floor West Des Moines, TA 50319 Attention: Francis Boggus Regarding: Literary Walk Extension to Northside Market Place IOWA CITY AREA CHAMBER OF COMMERCE Please accept my support for the Literary Walk Extension to Northside Market Place in Iowa City. The existing Iowa Avenue Literary Walk, a series of bronze sidewalk panels, features passages from acclaimed playwrights, authors and poets who worked and lived in Iowa City. Natives and visitors axe reminded of Iowa City's literary heritage as they walk down the Avenue and read the words of 49 writers. Extending the Literary Walk to the Northside Market Place will further demonstrate the authentic literary history of which our community is very proud. Thank you for your consideration. 1` P 325 E. Washington Suite 100 Iowa City, IA 52240 Telephone: (319) 331 -9837 �t Fax: (319) 338 -9958 www.iowacitya rea.com June 7, 2010 Iowa Great Places -- Grant Review ATTN: Francis Boggus Department of Cultural Affairs State Historical Building 600 E. Locust Street, 3'a Floor West Des Moines, IA 50319 In Re: Literary Walk Extension to North side Market Place On behalf of the Board of Directors of the Iowa City UNESCO City of Literature, I am writing to support the application for the Literary Walk Extension to North side Market Place in Iowa City. Since it's installation in 1999, the public art plaques of the Iowa Avenue Literary Walk illustrating passages from acclaimed playwrights, authors and poets who worked and lived in Iowa City, brings to life our vision: That the world recognizes Iowa as the place where great writing begins. One cannot walk down Iowa Street today without hearing residents telling a visitor, "Here, this is myfavorite quote," or seeing a child practice reading aloud the passages, or foreign visitors posing next to a particular favorite poem. The extension of the Literary Walk to the North side Market Place serves to integrate the UNESCO CITY OF LITERATURE designation into the upgrading of public right of way and public gathering spaces in this popular neighborhood destination. The variety and kind of new elements for this extension creates an even more engaging environment in which visitors and residence can experience what it means to live, work and play in this City of Literature. Like the iconic skyline of New York City or Lombard Street in San Francisco, the Literary Walk in Iowa City is an appropriate symbol of the City of Literature for residents and visitors alike. We wholehearrttedly support this application. r Christopher Merrill President, Board of Directors Iowa City UNESCO City ofLiteratun 123 S. Linn Street Iowa City, Iowa 52240 PHONE: 319- 356 -5245 E-1dAH.: jeanette @iov✓acityofliterature.org Y✓EBSIEE: www.iowaciVofliterature.com ,t June 8, 2010 Iowa Great Places -- Grant Review ATTN: Francis Boggus Department of Cultural Affairs State Historical Building 600 E. Locust Street, 3rd Floor West Des Moines, JA 50319 In Re: Literary Walk Extension to North side Market Place The IOWA CITY /CORALVILLE AREA CONVENTION & VISITORS BUREAU, serving Iowa City, Coralville, North Liberty & Johnson County is pleased to support the North side Market Place grant application. In terms of destination marketing, the Literary Walk in Iowa City is a prime example of the manifestation of the UNESCO CITY OF LITERATURE designation. It engages visitors and residents alike in the sense of place that earned us that world wide recognition. This project represents the intention of the Iowa Great Places Infrastructure Grants, exemplifying the ability of the district to cultivate the unique and authentic qualities that make Iowa City special. The well- designed streetscape masterplan brings to life all seven dimensions of a Great Place. We eagerly support this application. Sincerely, §osSchamberger, President J� 300 First Avenue /Hayden Fry Way, Coralville, Iowa 52241 / TELEPHONE _ 319 337 6592 — 800 283 6592 FACSIMILE — 319 337 9953 www.iowacitycoralvillearea.org Property Site Legal Description The proposed project will be constructed entirely within the public right -of -way. As such, there is no property legal description. The property can be described as the public right -of -way of Linn Street between Iowa Avenue and Bloomington Street in Iowa City, Iowa. wl ppddir /ExhibAB.GrantAgreement,doo lIt J Doc ID: 021948860004 Type: GEN Kind: RESOLUTION Recorded: 09/08/2010 at 09:40:20 AM Fee Amt: $24.00 Pace 1 of 4 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.10 -383 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 31S` day of August, 2010, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 2 "d day of September, 2010. Marian K. Karr City Clerk \res 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240 -1826 6 (319) 356 -5000 o FAX (319) 356 -5009 JtA OS -3 -10 2e(3) Prepared by: Sara Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. to -iui RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST DOCUMENTATION FOR THE RELEASE OF A SCHOOL SITE COVENANT WHEREAS, in August of 1994 the City rezoned approximately 422 acres of land located south of Highway 6 subject to the terms of a conditional zoning agreement with the owner, Sycamore Farms Company; WHEREAS pursuant to paragraph 40) of said conditional zoning agreement, which is recorded at Book 1793, Page 211 with the Johnson County Recorder, Sycamore Farms Company did covenant with the City of Iowa City, to reserve a fifteen acre tract of land within the parcel being rezoned for conveyance and use as a public school site by the Iowa City Community School District.; WHEREAS, said covenant remains in effect until the Iowa City Community School District applied for a building permit for use of the fifteen acre parcel or the expiration of 15 years from the date of the conditional zoning agreement, whichever may sooner occur; WHEREAS, the Iowa City Community School District has made no application for such building permit and more than fifteen years have passed since the execution of the Conditional Zoning Agreement. 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 release the above - described covenant. The Mayor is hereby authorized to sign and the City Clerk to attest the Release of Covenant attached hereto. 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, along with the Release, said recording cost be paid by the owner of the subject property. Passed and approved this 31st day of August 20_L_. �. MAYOR A ,proved%b ATTEST: -;!e, t mss% 1f X�e', L,L� CITY LERK _ Yl Ity Atto ey s ffi zs Ict 1q Resolution No. _ i o -3a3 Page 2 It was moved by Wright and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: x— X X x x x x wpdata /glossary/resoluUon-ic.doc NAYS:' ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright ,a Prepared by and Return to: Sara Hektoen, Asst. City Attorney, 410 E. Washington St., lava City, IA 52240 (319) 356 -5030 RELEASE OF SCHOOL SITE COVENANT The City of Iowa City does hereby release its right, title, and interest in the covenant regarding dedication of a school site contained within paragraph 4(j) of the conditional zoning agreement recorded at Book 1793, Page 211 with the Johnson County Recorder and the encumbrances placed on the property by virtue of said covenant. °P /- M,. . MAYOR o— Approved by ATTEST: � �Gl1L /OLP in �� CITY CLERK �' City Attorney's Office STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 31 S`day of Qua,as,1� 20 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. ci-MmNDRAE FORT sion Number 159791 mdo1.� Expiresvncl„ae yr I— Notary Public in and for the State of Iowa \1\ IIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIVIIII (IIIIIIIIIII Doc ID: 021968110007 Type. GEN Kind: EASEMENT Recorded: 09/24/2010 at 10:04:21 AM Fee Amt: $39.00 Pace 1 of 7 Johnson County Iowa Kim Painter Countv Recorder BK4654 P0673 -679 STATE OF IOWA ) ) SS JOHNSON COUNTY ) r rMss �. City or &YAN c' 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. 10-406 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 21s` day of September, 2010, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 23`d day of September, 2010, Marian'K. Karr City Clerk Ves 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 • FAX (319) 356 -5009 10 Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356- 5030 RESOLUTION NO. 10 -406 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SANITARY SEWER CONSTRUCTION EASEMENT AND DEDICATION AGREEMENT FOR AUDITOR'S PARCEL 2001051 WHEREAS, Donald Cochran ( "Owner') is legal title holder to certain real estate along Gilbert Street in Iowa City, Iowa, legally described as Auditor's Parcel 2009032, hereinafter the "Real Estate'; and WHEREAS, Owner desires to connect the Real Estate to the existing sanitary sewer system by installing a sanitary sewer main across a portion of Auditor's Parcel 2001051, a City -owned parcel (Sand Hill Park), and dedicating the same to the City as a public improvement. WHEREAS, this easement agreement authorizes Cochran to install the sanitary sewer improvements on City property and dedicate said improvements to the City once constructed; and WHEREAS, City staff has approved the proposed location of the public infrastructure servicing this property, as well as the associated easement agreement; and WHEREAS, the easement agreement requires City Council approval; and WHEREAS, the execution of said easement agreement is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest the attached Sanitary Sewer Construction Easement And Dedication Agreement for Auditor's Parcel 2001051, Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same with the above - referenced Easement Agreement in the Johnson County Recorder's Office at the expense of Owner. Passed and approved this 21st day of September , 2010. MAYOR ATTEST: _y2���sJ APPROVED BY: CITY ERK City Attorney's Office 9/Ao ho CORPORA i SEAL �/ Resolution No. i o -4m Page 2 It was moved by chmmpi on and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: x x x x x x _x wpdata/glossery/resolution- io.doe NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright V� Prepared by and after recording return to: Sara Greenwood Hektoen, Assistant City Attorney, 410 E. Washington Street, Iowa City, Iowa 52240, 319 - 356 -5030. SANITARY SEWER CONSTRUCTION EASEMENT AND DEDICATION AGREEMENT AUDITOR'S PARCEL 2001051 IOWA CITY, IOWA THIS AGREEMENT is made by and between Don Cochran ( "Cochran "), and the City of Iowa City, Iowa, a municipal corporation, ( "City"); and WHEREAS, Cochran is legal title holder to certain real estate along Gilbert Street in Iowa City, Iowa, legally described as Auditor's Parcel 2009032, hereinafter the "Real Estate "; and WHEREAS, City is legal title holder to certain real estate locally known as the Sand Hill Park and legally described as Auditor's Parcel 2001051, according to the plat recorded at Book 43, Page 94, Johnson County Recorder's Office, hereinafter "City Property'; and WHEREAS, Cochran desires to connect the Real Estate to the existing sanitary sewer system located south of the Real Estate, by installing a sanitary sewer main across a portion of City Property and dedicating the same to the City as a public improvement. NOW, therefore, in consideration for the mutual promises made herein, the parties agree as follows: City does hereby grant and convey to Cochran a temporary construction easement in, over and across that portion of City's property described as "Temporary Construction Easement" on the attached Exhibit A Easement Plat (hereinafter "Easement Area "), for the purpose of facilitating the Cochran's construction of a sanitary sewer main, the granting of which shall include necessary grading, excavation, piling of dirt, grading, restoration, storage of materials and equipment, and ingress and egress of persons and equipment to the Easement Area, as needed to complete said sanitary sewer. 2. The term of this temporary construction easement shall be for the period of term required by the Cochran to complete the construction of the sanitary sewer, but in no event shall the duration of this easement extend beyond January 1, 2011. 3. With respect to this Temporary Construction Easement, City grants the following rights: a. Cochran shall have the right to make excavations within the Easement Area, and to grade as may be reasonably necessary for the construction of the sanitary sewer. Cochran covenants and agrees to protect such excavations during construction; to promptly fill said excavations following construction; and to be (00323798.DOC) To -2- liable for and hold City harmless from third party liability during said construction. b. Cochran shall promptly backfill any trench made by it, and repair any damages caused by the Cochran within the Easement Area, not including the replacement of trees, shrubs and brush in the Easement Area. Cochran shall indemnify City against loss or damage which occurs as a result of the Cochran's negligent acts or omissions in the exercise of its easement rights herein. c. Cochran 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 City. 4. Once the Easement Area has been restored to substantially its prior condition and the City has accepted the final improvements, Cochran shall post a two -year maintenance bond. After the expiration of such bond, Cochran shall have no further responsibility for maintaining the Easement Area or the improvements installed therein. 5. Cochran 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 Cochran to conform with features or items removed during construction. Cochran further agrees that all grassed areas disturbed by the construction shall be seeded within a reasonable time after construction is complete. 6. Cochran 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 sanitary sewer, Cochran agrees to grade all disturbed ground, to form a uniform slope and replace all disturbed topsoil thereby restoring said area substantially to its prior condition. All improvements described in Paragraph 1 above shall be constructed and installed by Cochran according to plans and specification approved by the City Engineer, who shall have the right to make occasional inspection of the work in progress. Such inspections shall not relieve or release Cochran 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. 8. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original sanitary sewer improvements at issue herein. Nor shall Cochran be deemed acting as the City's agent during the original construction and installation of said improvements. Parties agree that the obligation to install the public improvements herein shall be in accordance with City specifications, and the obligation shall remain on Cochran until completion by Cochran, and until acceptance by the City, as by law provided. 9. The provisions hereof shall insure 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 shall be recorded in the Johnson County Recorder's Office, at Cochran's expense. -3- Dated this day of 4 , 2010. COCH CITY OF IOWA CITY, IOWA By. i /_0 By: c D n Cochran Matthew J. Hayek,Oyor RPOR E SEAL STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowle ed `moo 2010 by ' STATE OF IOWA ) ss: COUNTY OF JOHNSON ) ATTEST: By: Marian . Karr, City Clerk Approved by:, —A" 4o-, City Attorney's Office q /Aaho before me on this day of of This instrument was acknowledged before me on this z, j day of s�(- - -MRg-r - , 2010, by Matthew J. Hayek and Marian K. Karr, in their capacities as Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation by authority of its City Council. o,°J'Aj SONDRAEFORT Sirn ci�ti.t.. Fxfl7 a 01 Commission Notary Public in and for said State My Commission Expires 0 v 7 Z ,�D HLEE M THORNTON WCommission Number 764003 My Commission Expires Nota bft This instrument was acknowledged before me on this z, j day of s�(- - -MRg-r - , 2010, by Matthew J. Hayek and Marian K. Karr, in their capacities as Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation by authority of its City Council. o,°J'Aj SONDRAEFORT Sirn ci�ti.t.. Fxfl7 a 01 Commission Notary Public in and for said State My Commission Expires 0 v 7 Z ,�D F O y n Q A Ky. iso nn os �sza eooz/�c /s a,.v inooazac \�oeevegaosq (pj i T_O m w° 6 \I\ aar F 3a 2m =¢m Z WJD L6 z O NO s ei �• a � � a w > ~ J }}Z MnLIIAi Al ° 0 cow o v � � in o � F O y n Q A Ky. 3� n`m (pj i T_O 6 \I\ aar du 5 s ei �• a � � a MnLIIAi Al F O y n Q A Ky. 3� (pj i 6 \I\ G — �£cpdn m'sm __ eO jo 9vnf Pn €�on:o a� d° c�ov33�25 w.M Fi i a ° 1.3r b� G 8 3 ` J: Ll ww3 O Z oO �6v 2o3W�a�000w § a Z v�i�r`dn p �i'WwiWwOw yWj Z Op rc¢rc zc °x v�rtitivi o <� z_ O uu 0ua a\Et�i�uzaY1i °Owwzz� IIII Iv IIIIIIIIIII Q VIII � m � w Z �a8Q�0 ® i I I rcE� e W �R I 0 (Page 1 of 39) b `1 i E -0 I IIIINIIIBIIIINII�ifllll IIINIINII�IINIIIIIIINIIIIIIIIIIIIIIINIINIIIII Doc ID: 022002810039 Type: GEN K1nd: SUBDIVISION Recorded: 10/28/2010 at 01:08;13 PM Fee Amt: $199.00 Page 1 of 39 Johnson County Iowa Kim Painter County Recorder BK4873 Pa183 -221 STATE OF IOWA ) ) SS JOHNSON COUNTY ) c� o 'U V h S 1 r i CITY OF IOWA CITY 410 East Washlogton Street Iowa City. Iowa 522401826 (319) 356.5000 (319) 356 -5009 FAX www•.icgov.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. 10432, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the I Ith day of October, 2010, all as the same appears of record in my office. Also attached are the final legal documents for D & D 13111ion Addition, Iowa City, Iowa, a subdivision of Auditor's Parcel 2010038 and resubdivision of Lot One, JJR Davis Addition and as follows: 2. 3. 4. S. 6. 7. 8. 9. 10. 11. 12. 13. 14 15. Dated at Iowa City, Iowa, this �_ day of CSL4 2010. Subdivider's Agreement Owner's Certificate and Dedication Certificate of County Auditor Certificate of Treasurer Opinion of Attorney Consent of Mortgagee- CRB &T Consent of Mortgagee- Wells Fargo Underground Utility Easements Private Storm Sewer Easement and Drainage Easement with plat Private Sanitary Sewer Easement with plat Private Access Easement Agreement Release of Underground Utility Easement- Mediacom with plat Release of Underground Utility Easements - Qwest w/ plat Release of Underground Utility Easements - Mid - American w/ plat Release of Storm Sewer and Drainage Easement Agreement with plat Protective Covenants and Restrictions Maria .Karr City Clerk CORPORATE SEAL dd Book 4673, Page 183, File Number (Page 2 of 39) Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 35 6-5243 (sUBto- 00007/SUB10- 00008) RESOLUTION NO._ to -43 RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF D & D BILLION ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, Billion Auto, filed with the City Clerk the final plat of D & D Billion 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: Auditor's Parcel No. 2010038, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 55 at Page 39, in the Records of the Johnson County Recorder's Office and Lot 1 of JJR Davis Addition, In accordance with the Plat thereof recorded in Plat Book 47, at Page 165, in the Records of the Johnson County Recorder's Office. Said resultant Tract of land contains 18.49 acres and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommends approval; and WHEREAS, the Planning and ,Zoning Commission examined the preliminary plat and subdivision and recommends that said plat and subdivision be accepted and approved; and WHEREAS, 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 (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 easements as provided by law. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner /subdivider. 71 Hook 4673, Page 183, File Number (Page 3 of 39) Resolution No. 10 -432 Page 2 Passed and approved this 11th day of October —'20 10 . CORPORATE SEAL MAYOR / Approved by ATTEST:�.��r�Jf ✓ GL �b As Office CITY ERK City Attorney's Office e� 13,) It was moved by Bailey and seconded by Dickens 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 11 Book 6673, Page 183, File Number (Page 4 of 39) Prepared by: Thomas H. Gelman 321 E. Market Street, Iowa City, IA 52244 Phone (319) 354.1104 SUBDIVIDER'S AGREEMENT D & D BILLION ADDITION, IOWA CITY, IOWA [A Subdivision of Auditor's Parcel 2010038 and a Resubdivision of Lot One of JJR Davis Addition) THIS AGREEMENT made by and between Dealer Properties IC, LLC, ("Developer" or "Subdivider"); and the City of Iowa City, Iowa, a municipal corporation ( "City"). Subdivider is the owner and developer of D & D BILLION ADDITION, Iowa City, Iowa. IT IS DEREBY AGREED AS FOLLOWS: ,Section 1. Public Improvements. In consideration of the City approving the Plat of D & D BILLION ADDITION, Iowa City, Iowa, hereafter "the Subdivision ", the Subdivider agrees as a covenant running with the land as follows: A. Subject to Section 6, the City shall not issue a Building Permit for any of the lots in the subdivision unless and until water mains, sanitary sewers, storm sewers, storm water management facilities (see Section 2), and a sidewalk abutting Outlot B of JJR Davis Addition (Plat Book 47, Page 165) adjacent to Mormon Trek Boulevard , hereafter, "improvements ", have been installed in the subdivision as required by the City's Subdivision Ordinance, and until said Improvements have been accepted by the City, and subdivision erosion control measures have been installed as required by the City under its ordinances. 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 the original construction and installation of said Improvements, The parties agree that the obligation to install the 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. A. The Subdivider shall be required to install (or complete the installation of) off -site storm water management facilities (detention basin improvements) to service all of Lot 2 of the Subdivision and that portion of Lot I of the Subdivision not included in Lot 1 of JJR Davis Addition, within the Storm Water Management Facility Easement Area shown within Outlot B on the Final Plat of JJR Davis Addition, Iowa City, Iowa (Plat Book 47, Page 165). The Subdivider has or shall grant an easement to the City for maintenance of such area provided, however, the obligation for maintaining this offsite easement area within Outlot B of JJR Davis Addition shall be upon the owners of Lot 1 (74% responsible) and Lot 2 Z\ Book 4673, Page 183, File Number (Page 5 of 39) (26% responsible) in the Subdivision in proportion to the square footage in each such lot serviced by such facility (which may be satisfied through performance by an owners association of owners of such lots). B. To service that portion of Lot I of the Subdivision within Lot 1 of JJR Davis Addition (and other real estate not within the Subdivision) there are existing off -site detention basin improvements as provided in the "Off -Site Storm Water Detention Basin Easement Pertaining to Auditor's Parcel No. 2003108 and other Real Estate in Iowa City, Iowa" as recorded in Book 3673 at page 932 of the Records of Johnson County, Iowa, as supplemented by the "Off -Site Storm Water Detention Basis Easement Agreement Pertaining to JJR Davis Fourth Addition and Other Real Estate in Iowa City, Iowa" as recorded in Book 4229, Page 745 of the Records of Johnson County, Iowa, An easement has already been granted to the City for maintenance of such area provided, however, the obligation for maintaining this off -site easement area shall be upon the owners of Lot 1 and other real estate not within the Subdivision in proportion to the square footage in each such lot serviced by such facility (which may be satisfied through performance by an owners association of owners of such real estate). If the obligations to maintain the storm water management facilities are not met, the City may, after reasonable written notice to the owner(s) of the applicable lot(s), perform the necessary maintenance work and assess the cost of such work against the real estate served by the stormwater management facilities and the owners of such real estate who have the obligation to maintain said stormwater management facilities, in the same manner as a property tax, as provided by State law. Section 3. Construction of Improvements All Improvements described in Section 1 of this Agreement shall be constructed and installed by the Subdivider according do 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 is in compliance with said plans and specifications. Section 4. Sidewalks. The Subdivider agrees to install adjacent to Mormon Trek sidewalks abutting Lots 1 and 2 of the Subdivision and also Outlot B of JJR Davis Addition. Said sidewalks shall be at four or five feet in width according to 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 the Iowa City Code of Ordinances, and the obligation to install shall remain a lien on each abutting platted 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 sidewalk abutting each respective lot in the Subdivision when each such lot is developed. q,\ Book 4673, Page 183, File Number (Page 6 of 39) Section 5. Buildina Permits and Escrow Monies. In the event the Subdivider, its assigns or successors in interest should desire a building permit on any lot in the Subdivision before the Improvements have been installed, the Subdivider, its assigns or successors in interest, shall deposit with the City Finance Department, in escrow, an amount equal to 110% of the estimated cost of said Improvements as determined by the City Engineer (hereafter "Improvements Escrow "). In addition to the Improvements Escrow, if Subdivision Erosion Control measures have not been installed, with ground cover established, the City may require, as a condition to the issuance of the first building permit for construction within the development site, that the Developer deposit in escrow with the City the sum of $2,000.00 (hereinafter "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 the development site. The Developer agrees to accept responsibility for the cost of such clean-up, and to the extent that the Developer 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 and, if the Escrow is inadequate, to charge any excess costs to the Developer. If the Erosion Clean-up Escrow is insufficient to pay the costs incurred by the City, the Developer shall promptly reimburse the City for the excess costs incurred. The unused balance of the Erosion Clean -up Escrow shall be returned to the Developer after erosion control measures have been installed and groundcover has been established by growth. 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, except to the extent the City may permit the Subdivider to delay such installation and escrow monies for the incomplete Improvements. An occupancy permit for Lots in the subdivision may be issued before the off -site storm water management facilities are completed and accepted by the City if the Subdivider (or others) has substantially completed the facilities and escrowed sufficient funds with the City to assure completion of the storm water management facility improvements and complete establishment of ground cover on said 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 escrow, 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. 3 1� Hook 4673, Page 183, File Number (Page 7 of 39) 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 agrees 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 such lots. 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 such sidewalks are to be installed except that the sidewalk on Outlet B shall also be a lien against Lot 2. It is further provided that these requirements to construct the Improvements and sidewalks shall remain a lien against lots in the subdivision from the date of execution of this Agreement until properly released, as hereafter provided. The Subdivider's obligation to install the off -site storm water management facility servicing Lot 2 of the Subdivision and that portion of Lot I of the Subdivision not within Lot I of JJR Davis Addition shall be a lien against such real estate until completed and accepted by the City or otherwise conditionally released by the City. 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. Separate sidewalk lien releases shall be issued for individual lots when appropriate. The City Manager or designee is hereby authorized to execute the releases contemplated by this Section. This section also authorizes the execution of one or more Limited Release Agreements based on the use of escrows for improvements as contemplated in Sections 5 and 6 above as may be acceptable to the City. Section 10. Restriction on Access to Mormon Trek Boulevard. Lots in the Subdivision shall have public street access onto Mormon Trek Boulevard at only three access points as shown on the Final Plat of the Subdivision, with one such private drive access point within Lot I at its current location, a second within Lot 1 across Mormon Trek Boulevard from Grace Drive and the third within Lot 2 across Mormon Trek Boulevard from Eagle View Drive, all as shown on the Final plat of the Subdivision. Lot 1 shall be permitted use of a 60' access easement across Lot 2 as shown on the final plat of the Subdivision. The covenants for the Subdivision shall so restrict Subdivision access to Mormon Trek Boulevard. Section 11. Miscellaneous. The City shall not issue a building permit for any lot in the Subdivision until such time as the Subdivider has paid a water main extension fee in the amount. of $7,465.50 ($395 /acre x 18.90 acres) to the City pursuant to the City Code. Book 6673, Page 183, File Number (Page 8 of 39) The City shall not issue a building permit for any of lot in the Subdivision until such time as the Subdivider has paid a sanitary sewer tap -on fee in the amount of $60,480.00 ($3,200 /acre x 18.90 acres). The owner (or previous owner) of Lot 1 JJR Davis Addition paid tap -on fees so that portion of Lot 1 of the Subdivision originally a part of Lot I JJR Davis Addition is excluded from the acreage of the foregoing tap -on fees. All electrical, cable television and communication service and distribution lines shall be installed underground. This Subdivider's Agreement in no way alters, amends or modifies the Subdivider's Agreement for JJR Davis Addition with regard to Outlots A & B of JJR Davis Addition; provided however the City's release of stormwater management improvements on Outlet B required under this Agreement shall also be deemed to be a release of the stormwater management improvements on Outlot B required under the Subdivider's Agreement for JJR Davis Addition. Outlot "A" of JJR Davis Addition is excluded from the Subdivision and remains reserved for future development. Outlet "B" of JJR Davis Addition remains reserved for storm water management and detention basin purposes and a wetland buffer area. The obligation to maintain Outlet B shall include, but is not limited to, i) the obligation to comply with the compensatory wetland mitigation plan previously approved for this property, and ii) the obligation to maintain the storm water management facilities therein in accordance with the requirements of this Agreement as according to the Subdivider's Agreement for JJR Davis Addition. These maintenance responsibilities shall be the responsibility of the owners of Lots 1 and 2 of the Subdivision (which may be satisfied through an owners association of the owners of such lots). Section 12, Binding Effect. 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. [Remainder of Page Intentionally Left Blank — Signature Page follows] 5 2� Book 4673, Page 183, File Number (Page 9 of 39) Dated this 1_ 141' day of 2010. CITY OF IOWA CITY, IOWA By:_ /:' n b Matthew J. Hayek, Mayor CORPORATE SEAT. By: t is � Y . A cL ) man K. Karr, City Clerk State of Iowa, County of Johnson, ss: .1- On this! "day of &15L3 2010, 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. s =10NDRAE',1'0RT x° SUBDINWER'S AGREEMENT (Signatures and acknowledgements continued) SUBDIVIDER Dealer Pronerti Sa. rby� Notary Public for the State of Iowa By: STATE OF S / ) County Of rn % n ril rG/1Gv ) ss. Th s ins�ent }has acknowledged before m on this 22— day of Ste, 2010, by �GW;d �. l�i��lt�1 as R11G &7XA ofDealerPropertieslC,LLC. yyaA,AF',L,G,v,Jnt.•l.iA.G [.. :.'..L'.. 1yP � � CAROLY14 A. MOWERS Notary Public in an for the State of 1gOTARY PUBLIC My commission expires: SOUTH DAKOTA 6 T\ Hook 4673, Page 183, File Number (Page 10 of 39) Prepared by: 7bomas H. Gelman 321 Market Street, Iowa City JA 52244 (319)354 -1104 CERTIFICATION AND DEDICATION OF D & D BILLION ADDITION, IOWA CITY, IOWA IA Subdivision of Auditor's Parcel 2010038 and a Resubdivision of Lot One of JJR Davis Addition] KNOW ALL PERSONS BY THIS DOCUMENT: Dealer Properties IC, LLC does hereby certify and state that it is the owner of the following described real estate situated in Johnson County, Iowa, to -wit: Auditor's Parcel 2010038, according to the Plat thereof recorded In Plat Book 55, at Page 39, of the Records of Johnson County, Iowa; and Lot 1 in JJR Davis Addition, Iowa City, Iowa, according to the Plat thereof recorded In Plat Book 47, at page 165, of the Records of Johnson County, Iowa. Owner does further state that the subdivision of said real estate as it appears on the plat of D & D Billion Addition, to which this certification and dedication is attached, is with its free consent and in accordance with its desire, The public easements in the subdivision, hereafter known and designated as D & D Billion Addition, Iowa City, Iowa, are hereby dedicated to the public as provided by Chapter 354 of the 2009 Code of Iowa, as amended. The er, Deal5rPropertjes IC, LLC, has signed this Certificate and Dedication on this lday of ' rK/ID , 2010. Dealer Pro e , Manager STATE OF ss. COUNTY) This instrument was acknowledged before me on this P,?— day of , 2010, by D",A P,. &iart, as Lc5.,/71Cvnati of Dealer Properties IC, LLC, CAROLYN A. BOWERS NOTARY Pi15LIC `s at � Notary Publi6 in and for the State of _S � SOUTH DAKOiF, rMy commission expires: 2\ Book 403, Page 183, File Number (Page 11 of 39) CITY OF IOWA CITY, IOWA Matthew J. Hayek, Mayor VURPORATE CCA L By: l ??!g4�e=� e. M lan K. Karr, City Clerk State of Iowa, County of Johnson, ss; ,A- On this / /day of O, m eFe 2010, before me, the undersigned, a notary public for the state of Iowa, persona ly 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. SONDRAE FORT Notary Public for the State of Iowa i Comm "I" Number 159791 My Commission Ezplres u 3 201E 2 ro Hook 6673, Page 183, File Number (Page 12 of 39) Prepared by: Thomas H. Gelman 321 E. Market Street, Iowa City, IA 52244 Phone (319) 354 -1104 CERTIFICATE OF COUNTY AUDITOR D & D BILLION ADDITION, IOWA CITY, IOWA [A Subdivision of Auditor's Parcel 2010038 and a Resubdivision of Lot One of JJR Davis Addition] I, Tom Slockett, the Johnson County Auditor, hereby approve of D & D Billion Addition, Iowa City, Iowa, as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: Auditor's Parcel 2010038, according to the Plat thereof recorded in Plat Book 55, at Page 39, of the Records of Johnson County, Iowa; and Lot 1 in JJR Davis Addition, Iowa City, Iowa, according to the Plat thereof recorded in Plat Book 47, at page 165, of the Records of Johnson County, Iowa. J j \ 0e, �r 2010 Tom S,lookeft, Johnson County Auditor Date SUL r, (ssj 2-\ Book 4673, Page 183, File Humber (Page 13 of 39) Prepared by: Thomas H. Gelman 321 E. Market Street, Iowa City, IA 62244 Phone (319) 354.1104 CERTIFICATE OF TREASURER D & D BILLION ADDITION, IOWA CITY, IOWA [A Subdivision of Auditor's Parcel 2010038 and a Resubdivision of Lot One of JJR Davis 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: Auditor's Parcel 2010038, according to the Plat thereof recorded in Plat Book 55, at Page 39, of the Records of Johnson County, Iowa; and Lot 1 in JJR Davis Addition, Iowa City, Iowa, according to the Plat thereof recorded in Plat Book 47, at page 165, of the Records of Johnson County, Iowa. and shown on the attached plat and blown and designated as D & D BILLION ADDITION, Iowa City, Iowa, is free from taxes. Dated at Iowa City, Iowa, this _t!t� day of 06e_ , 2010. AFAL Parcel Nos, Thomas L. Kriz County Treasurer, Iowa (Lots 1 — 8 JJR Davis rl- \ Book 4673, Page 183, File Number (Page 14 of 39) Prepared by: Thomas H. Gelman 321 E. Market Street, Iowa City, IA 52244 Phone (319) 354 -1104 OPINION OF ATTORNEY D & D BILLION ADDITION, IOWA CITY, IOWA JA Subdivision of Auditor's Parcel 2010038 and a Resubdivision of Lot One of JJR Davis 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: Auditor's Parcel 2010038, according to the Plat thereof recorded in Plat Book 55, at Page 39, of the Records of Johnson County, Iowa; and Lot 1 in JJR Davis Addition, Iowa City, Iowa, according to the Plat thereof recorded in Plat Book 47, at page 165, of the Records of Johnson County, Iowa. I hereby certify that fee simple title to said property, to become known as D & D BILLION ADDITION, Iowa City, Iowa, is Dealer Properties IC, LLC, free and clear of all liens and encumbrances excepting only the following: 1. Mortgage Lien in favor of Cedar Rapids Bank and Trust Company recorded in Book 4586, Page 431, of the Records of Johnson County, Iowa. 2. Mortgage Lien in favor of Wells Fargo Bank, National Association recorded in Book 4605, Page 44, of the Records of Johnson County, Iowa. Dated at Iowa City, Iowa, on�, 2010. Thomas H. Gelm Phelan, Tucker, ullen, Walker, Tucker & Gelman, L.L.P. P.O. Box 2150 Iowa City, IA 52244 Q, \ Book 4673, Page 183, File Number (Page 15 of 39) Prepared by: Thomas N. Gelman 321 E. Market Street, Iowa City, IA 62244 Phone (319) 354.1104 MORTGAGEE'S CONSENT TO SUBDIVISION D & D BILLION ADDITION, IOWA CITY, IOWA [A Subdivision of Auditor's Parcel 2010038 and a Resubdivision of Lot One of JJR Davis Addition) The undersigned does hereby certify and state that as of &Wrlrr � , 2010, Cedar Rapids Bank and Trust Company (Mortgagee) was the owner and holder of a mortgage on all or a portion of the real estate described as: Auditor's Parcel 2010038, according to the Plat thereof recorded in Plat Book 55, at Page 39, of the Records of Johnson County, Iowa; and Lot 1 in JJR Davis Addition, Iowa City, Iowa, according to the Plat thereof recorded in Plat Book 47, at page 165, of the Records of Johnson County, Iowa. The mortgage lien of Mortgagee was created by the Mortgage in favor of Mortgagee as recorded in Book 4586, Page 431, 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 D & D BILLION ADDITION, Iowa City, Iowa, and Mortgagee does further hereby release all easements as shown on said plat of said subdivision from the lien of its mortgage. .µ IN WITNESS WHEREOF, Mortgagee has caused this document to be signed on this -4 day of CX-66W 2010. MORTGAGEE Cedar Rapids Bank and Trust Company Y lia— Pfp- S�ciR. nk" ,title By: /"Y S v� title STATE OF ':[�t0e, , COUNTY OF Lm This instrument was acknowledged before me on this t411 day ofd ---Cr✓ —vim%^ 2o n by PC el /0K /] fey ro LESA R. AF,IENT Commission Number — ?4473 My Commission 6:_ 4w September 14, ".. r STATE OF :a- , COUNTY OF �'r,AyN� — ss; �/- TIs ' inst anent w 5 acknowl��lged b ,fore moon this day of , 2010, 4� Saj (C�nof C j W ,qtr. LESA R. AMENT'. Commission Number 224473 My Commission Expires September 14, 2011 Notary Public for said slat. My Commission Expires: 20 Hook 4673, Page 183, File Number (Page 16 of 39) Prepared by: Thomas H. Gelman 321 E. Market Street, Iowa City, IA 62244 Phone (319) 354 -1104 MORTGAGEE'S CONSENT TO SUBDIVISION D & D BILLION ADDITION, IOWA CITY, IOWA [A Subdivision of Auditor's Parcel 2010038 and a Resubdivision of Lot One of JJR Davis Addition) The undersigned does hereby certify and state that as of 0cjj CY 2010, Wells Fargo Bank, National Association (Mortgagee) was the owner and holder of a mortgage on all or a portion of the real estate described as: Auditor's Parcel 2010038, according to the Plat thereof recorded in Plat Book 55, at Page 39, of the Records of Johnson County, Iowa; and Lot I in JJR Davis Addition, Iowa City, Iowa, according to the Plat thereof recorded in Plat Book 47, at page 165, of the Records of Johnson County, Iowa. The mortgage lien of Mortgagee was created by the Mortgage in favor of Mortgagee as recorded in Book 4605, Page 44, 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 D & D BILLION ADDITION, Iowa City, Iowa, and Mortgagee does further 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 /J.0- day of��c ✓ 2010. MORTGAGEE Wells Fargo Bank, National Association By ` , By: �� l— title'— ,title STATE oF0Y1i MPS4fQ COUNTY OF &Yl5e ss: before me oMhis, 1 4-T n day of t 14,p JUDITHFOLEY Nn1 blic forsaid swe NOTARY PUBUC•MINNESOTA My Commission Expires: 6MY%W[MI8P 1 COUNTY OF ka rr)5e as: T ' instrument was owledged before me on this IZ1�day of ©f- 10bA_i .2010, by f as A" • - p r1a ✓f of i! (l^h'.: -volt I 4C ran i n x- =NOTARYINNESj0TAj, 4) 2010, by ` dI Ad Y_" S JUC� N15tatypublioforsaidstate � ,�. My Commission Expires; I,\ Book 4673, Page 183, File Number (Page 17 of 39) Prepared by: Thomas H. Gelman 321 E. Market St., Iowa City, IA 52244 (319)354 -1104 UNDERGROUND UTILITY EASEMENTS D & D BILLION ADDITION, IOWA CITY, IOWA [A Subdivision of Auditor's Parcel 2010038 and a Resubdivision of Lot One of JJR Davis Addition] In consideration of the approval of the Final Plat of D & D BILLION ADDITION, Iowa City, Iowa, the undersigned owner (Grantor) hereby grants to MidAmerican Energy, Qwest Corporation and MediaCom Iowa, L.L.C., and their successors, a perpetual easement upon, over, under, along and across the areas designated on the Final Plat of D & D BILLION ADDITION, 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, out 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. Grantor, its successors in interest and assigns, reserves the right to use said easement areas for purposes which will not interfere with the Grantees' full enjoyment of rights hereby granted; provided that Grantor shall not erect or construct any reservoir, retaining wall or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. No permanent dwellings or trees shall be placed on the areas so designated for utility easement but, with advance written authorization from the Grantees' representatives, the same may be used for gardens, shrubs, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. Dated this � day of ZO x � 2010. Dealer Properties 4 By: , title V Book 4673, Page 183, File Number (Page 18 of 39) UNDERGROUND UTILITY EASEME NTS OWNER/GRANTOR (signatures and acknowledgements continued) STATE OF S Q ) ss, %n; n n �f/tcri2�J COUNTY) This instrument was acknowledged before me on this D-2- day of to 2010, by / I )";cL 12, j6j / / ;Or as PrP.S,y /mgreyer•of Dealer properties IC, UC. ""° " n zi,Ua psJ CeiROt YN A. BOW BRS Notary Public in � nd for the State of S t� NOTARY PUBLIC 5A� c My commission expires; -/d , o/1/ SOUTH DAKOTA 3 a . ,L\ Book 4673, Page 183, File Number (Page 19 of 39) Prepared by; Thomas H, Gelman 321 E. Market Street, Iowa City, IA 52244 Phone (319) 354 -1104 PRIVATE STORM SEWER EASEMENT AND DRAINAGE EASEMENT D & D BILLION ADDITION, IOWA CITY, IOWA [A Subdivision of Auditor's Parcel 2010038 and a Resubdivision of Lot One of JJR Davis Addition] THIS PRIVATE STORM SEWER AND DRAINAGE EASEMENT is made and entered into by the undersigned Subdivider (Subdivider), which expression shall include its successors in interest and assigns. Subdivider is the owner of Lots 1 and 2 in D & D Billion Addition, Iowa City, Iowa, according to the recorded plat thereof (hereafter either "Lot I" or "Lot T), and also the owner of Outlot B of JJR Davis Addition, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 47, Page 165, of the Records of Johnson County, Iowa ( "Outlot B' ). In connection with the subdivision of D & D Billion Addition, Subdivider wishes to establish certain storm sewer and drainage easement areas over Outlot B for the benefit of Lot 1, 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 for the benefit of the current and future owners of Lot 1 ( "owner(s) of Lot 1 ") an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such storm water lines, pipes, mains, conduits and fixtures and such drainage ditches, swales, lines, fixtures and other related improvements as the owner(s) of Lot 1 shall from time to time elect for conveying storm water, with all necessary appliances and fittings, for the use in connection with said lines and improvements, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas within said Outlot B designated as "20' PRIVATE STORM SEWER AND DRAINAGE EASEMENT ", as shown on the attached Easement Plat, hereafter described as "easement area." Subdivider further grants to the owner(s) of Lot 1: 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 owner(s) of Lot 1 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, out down and clear away any trees on either side of said easement area that now or hereafter, in the opinion of the owner(s) of Lot 1, may be a hazard to said easement area, or which may interfere with the exercise of the easement rights granted hereunder in any manner. The owner(s) of Lot 1 shall promptly backfill any trench made by them, and repair any damages caused by them within the easement area. The owner(s) of Lot 1 shall indemnify 1- \ Book 4673, Page 183, File Number (Page 20 of 39) Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights. The owner(s) of Lot 1 shall have sole responsibility for maintaining the storm sewer improvements located within the easement area. Subdivider reserves the right to use said easement area for purposes which will not interfere with the full enjoyment of the rights hereby granted to the owner(s) of Lot 1; 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 easement area, or diminish or substantially add to the ground cover over said easement area. Fences and/or trees placed in the easement area, without approval of the owner(s) of Lot 1, may be removed by the owner(s) of Lot I without compensation or replacement. Subdivider does hereby covenant with the current owner of Lot 1 that it is lawfully seized and possessed of the real estate above described, and that 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 any current or future owner of Outlot B to install the original storm sewer and drainage improvements at issue herein. Nor shall owner(s) of Lot 1 be deemed acting as the Subdivider's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the storm sewer improvement(s) herein shall be in accordance with City of Iowa City, Iowa specifications, to the extent applicable. 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 4�- y of 2010. SUBDIMER Dealer Properti <C,A By: STATE OF S4 n n / ) ak, COUNTY) ss. This instrument as acknowledged before me on this 2 day of 4MAL , 2010, by as �re ayof Dealer Properties IC, LLC. "M `A'O% �+. ri NA"""M` / ?/�At�l�� 4,.t�fAtl�� $ CARPI YN A, 120 W ERS Notary Public in nd" for the State of 3�- NOTARY PUBLIC c My commission expires: J -/O of D/ SOUTH DAKOTA P Y s 2 L\ Book 4673, Page 183, File Number (Page 21 of En -1,. ". 0 lawn2 a'see:? I was 4N$z mi ggs sppa €o A8 °gd "u to ` I, osAg she ch 99� I ��giga dc t 1W silk Way ja l.f % ✓✓" s as a ASQ 3 m g< 12 D $y9A3 9 n Ft oeA 89 °° S I/ O qa 1�011 8 830 0 qx a I v €e rN L; 'R q° , 9 S 2 g9d6u �'yi 1�? �i /• / ;wp;l I •ITI M ° nynA so A@1 _A.. _ f3Q� $ w S Pam a `�'I /• o� °�g P >�S P� pR9 'per\ `�:, O� /•�n B�ai4B p Bm(� To `8Qa 6 �2� p9 OT m" _ 8 D Z D C CD - �> 523 9 �o pyg —{�A � gp �� � 0� Z =::i 7 =433 OW y mn$ HIM : —'I m�MU.aaoc_m�_�rkuMi. �.., ,nsnnin �°sr.>s .ern. -0 — "' Book 4673, Paoe 183, File Number 'i, (Page 22 of 39) Prepared by: Thomas H. Gelman 321 E, Market Street, Iowa City, IA 52244 Phone (319) 354.1104 PRIVATE SANITARY SEWER EASEMENT D & D BILLION ADDITION, IOWA CITY, IOWA [A Subdivision of Auditor's Parcel 2010038 and a Resubdivision of Lot One of JJR Davis Addition] TIDS PRIVATE SANITARY SEWER EASEMENT is made and entered into by the undersigned Subdivider (Subdivider), which expression shall include its successors in interest and assigns. Subdivider is the owner of Lots I and 2 in D & D Billion Addition, Iowa City, lowa, according to the recorded plat thereof (hereafter either "Lot 1" or "Lot 2 "), and also the owner of Outlot B of JJR Davis Addition, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 47, Page 165, of the Records of Johnson County, Iowa ( "Outlot B'). In connection with the subdivision of D & D Billion Addition, Subdivider wishes to establish certain sanitary sewer easement areas over Outlot B for the benefit of Lot 2. 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 for the benefit of the current and future owners of Lot 2 ( "owner(s) of Lot 2 ") 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 owner(s) of Lot 2 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 areas within said Outlot B designated as "20' PRIVATE SANITARY SEWER EASEMENT, as shown on the attached Easement Plat, hereafter described as "easement areas," Subdivider further grants to the owners) of Lot 2: I, 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 owner(s) of Lot 2 may find reasonably necessary. 2. The right from time to time to trim, out down and clear away any and all trees and brush on said easement areas and also to trim, out down and clear away any trees on either side of said easement areas that now or hereafter, in the opinion of the owner(s) of Lot 2, may be a hazard to said easement areas, or which may interfere with the exercise of the easement rights granted hereunder in any manner. The owner(s) of Lot 2 shall promptly backfill any trench made by them, and repair any damages caused by them within the easement areas. The owner(s) of Lot 2 shall indemnify Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights. The owner(s) of Lot 2 shall have sole responsibility for maintaining the sanitary sewer improvements located within the easement areas. /0 Book 4673, Page 183, File Number (Page 23 of 39) Subdivider reserves the right to use said easement areas for purposes which will not interfere with the full enjoyment of the rights hereby granted to the owner(s) of Lot 2; 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 areas, without approval of the owner(s) of Lot 2, may be removed by the owner(s) of Lot 2 without compensation or replacement. Subdivider does hereby covenant with the current owner of Lot 2 that it is lawfully seized and possessed of the real estate above described, and that 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 any current or future owner of Outlot B to install the original sanitary sewer improvements at issue herein. Nor shall owner(s) of Lot 2 be deemed acting as the Subdivider's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the sanitary sewer improvement(s) herein shall be in accordance with City of Iowa City, Iowa specifications to the extent applicable. 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 _ems. day of * 2010. SUBDIVIDER Dealer Properties I2 C By:.1�� C ✓� � ,title STATE OF 6D ss. m ;1'm 6" COUNTY) Th's instrµmr, w s acknowledged before me on this � Z day of o� 2010, by �at) id I` I rm as YY1GVUe4eY of Dealer Properties IC, LLC. ROIBOW"" .; e LJ �1 e,e� NOTARY 7U5LtC 's NkL Notary Public and for the State of SOUTN DAKO'tAG M y P commission expires: ypas'gaf .nae..h�6+'o+aeaN!';' 2 q-� h Book 4673, Page 183, File Number 24 of p sas$&a• g- .. R • R Soe $° �A RS�ysP q� s'$g go He411 � R, g _ •c� 8 9 P_c�� 3 a s s S A Rob =a � Op0E:0 OR�mg � <e r sR of e �i g Q 6��fla N e �m'rt�S a ryro� •n //� ° Pp9 KiAO r�Er���R q{Rq? .- �PPPPPPmg o [1 nrkmmmn., anvmm Is °sFFy� :PAS$ 9 LI )Oep � � 3 a s s S A O �S O D vo "D /O ry' r v VV�o ��LL 1 h 1 1 r /YL d S� 3 I�S. 4% 0 r o p sp Q i• ��L i• € `;i I �/; j•. � Op0E:0 5 o <e r sR of BUY pga N z C zo n Z (q Eg r ryro� •n //� ° Pp9 KiAO r�Er���R q{Rq? .- �PPPPPPmg o [1 nrkmmmn., anvmm z 9 I � a O �S O D vo "D /O ry' r v VV�o ��LL 1 h 1 1 r /YL d S� 3 I�S. 4% 0 r o p sp Q i• ��L i• € `;i I �/; j•. � Op0E:0 Il 1 1 1 1 1 1 1 o <e DzD C O of BUY pga N z C zo n Z (q Eg r ryro� •n //� ° gF KiAO r�Er���R o [1 nrkmmmn., anvmm Z mu>x .v rm O �S O D vo "D /O ry' r v VV�o ��LL 1 h 1 1 r /YL d S� 3 I�S. 4% 0 r o p sp Q i• ��L i• € `;i I �/; j•. � / � Il 1 1 1 1 1 1 1 o <e ' �� �• `� T� 0 n BUY pga N ?, Fex / Eg ��� 4673. Paae 183, File Number o ITI !) T� 0 n Hpp➢� ��� ryro� •n //� ° gF KiAO r�Er���R 4673. Paae 183, File Number (Page 25 of 39) Prepared by and return to: Thomas H Gelman, P.O. Box 2150, Iowa Chy TA 52244 -2150 (319)354.1104 PRIVATE ACCESS EASEMENT AGREEMENT BENEFITING LOT I IN D & D BILLION ADDITION OVER PORTIONS OF LOT 2 IN D & D BILLION ADDITION This Private Access Easement Agreement (this "Agreement ") is made and entered into by Dealer Properties IC, LLC, a South Dakota limited liability company, both the "Grantor" and "Grantee" herein. Recitals A. Grantor is the owner of Lot 2 in D & D Billion Addition, Iowa City, Iowa, according to the plat thereof recorded in Plat Book f55, Page j5 of the Plat Records of Johnson County, Iowa, said lot being referred to herein as Lot 2. B. Grantee is the owner of Lot 1 in D & D Billion Addition, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 65 , Page 0"; of the Plat Records of Johnson County, Iowa, said lot being referred to herein as Lot 2. C. Grantor is willing to grant to Grantee and its successors and assigns a perpetual, non- exclusive ingress and egress vehicular access easement, sufficient to provide access for said Lot 1 to and from Mormon Trek Boulevard over that portion of Lot 2 shown as "60.0' Wide Common Access Easement" on the Final Plat of the Subdivision (hereafter `Basement Area "). D. It is the desire of Grantor and Grantee to clarify the rights and responsibilities of the parties with respect to their common use and maintenance of the Easement Area. 1-� Book 4673, Page 183, File Number (Page 26 of 39) Agreement In consideration of one dollar and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: L Chant of Easement/ Reservation of Use. Grantor hereby grants to Grantee a perpetual, nonexclusive easement for ingress and egress over and upon the Easement Area, which easement shall run with the land and shall include the right for Grantee and its successors in interest in Lot 1, as well as Grantee's and its successors' tenants, visitors, licensees and guests, to use such Easement Area at all times for vehicular and pedestrian ingress and egress access to Lot 1 from Mormon Trek Boulevard. Grantor also hereby reserves the right for itself and its successors, as well as for Grantor's and its successors' tenants, visitors, licensees and guests, to use such Easement Area at all times for vehicular and pedestrian ingress and egress access to Lot 2 from Mormon Trek Boulevard. No building or structure shall be built or erected over the Easement Area, nor shall there be any obstruction that shall prevent the free and uninterrupted use of the Easement Area by the Grantor, Grantee, their respective successors in interest in Lots 2 and 1, and their respective tenants, visitors, licensees and guests. 2. Maintenance. The Grantor and Grantee shall share the expense for installation, repair, maintenance, snow removal, upkeep, reconstruction and repaving of the driveway paving and landscaped areas within the Easement Area (collectively, "Maintenance ") as follows: a. Prior to Building Permit(s) for Lot 2 Improvements, Unless and until Grantor obtains one or more building permits for improvements to be constructed on Lot 2, the Grantee shall be responsible for all Maintenance of the Easement Area. b. Following Building Permit(s) for Lot 2 Improvements — Cost Sharing. After Grantor obtains one or more building permits for improvements to be constructed on Lot 2, the parties and respective successors in interest shall share the cost for Maintenance accruing thereafter with Lot 1 owners responsible for 74% and in Lot 2 owners responsible for 26 %. 3. Damage to o Easement Area, Notwithstanding the above provisions, if Grantor (including its tenants, visitors or agents) or Grantee (including its tenants, visitors or agents) shall cause damage beyond ordinary wear and tear to the improvements within the Easement Area, such party shall be wholly responsible for the cost of any resulting Maintenance that is necessary to restore and repair such damage. Damage beyond ordinary wear and tear shall include, but is not limited to, any Maintenance occasioned by construction activities on either Lot 1 or Lot 2, 4. Performance of Maintenance. The owner of Lot I shall have the right to provide Maintenance as is reasonably necessary to install and maintain the driveway improvements and landscaping within then Easement Area in a reasonably good condition. Such Maintenance will be provided by the owner of Lot I as such owner shall determine is reasonably necessary, or upon the reasonable written request of the owner of Lot 2. Upon completion of Maintenance and if the Owner of Lot 1 is then entitled to receive reimbursement from the owner of Lot 2, then such reimbursement shall be due on or before the 20'h day after receipt of an itemized invoice from the owner of Lot 1. Any reimbursement not paid when due shall bear simple interest at the lesser of 8% percent per annum or the highest rate permitted by law, The owner of Lot 1 may defer any specific Maintenance until the owner of Lot 2 has deposited with the owner of Lot 1, or a neutral escrow agent, 26% of the anticipated cost for such Maintenance. Book 4673, Page 183, File Number (Page 27 of 39) 5. Attorney Fees and Expenses. In the event it becomes necessary for either party to bring a legal action or proceeding against the other to enforce an obligation to participate in Maintenance expenses, or to otherwise enforce any covenant under this easement, the prevailing party in such action or proceeding shall be entitled to recover, in addition to other damages or remedies, its reasonable costs of bringing and prosecuting such action or proceeding including, but not limited to, court costs, expert witness fees and attorney fees. 6. Owners Association. Grantor and Grantee, or their successors, may assign their respective shared Maintenance obligations to one or more owners associations that may be established for the owners of Lots 1 and 2 and/or further subdivided lots that may be developed on Lots I and/or 2, as the case may be. 7. Binding Effect. This Easement Agreement and its terms shall be binding upon the heirs, assigns, grantees and successors in interest of the parties and shall be appurtenant to the real estate. Dated Z / 2010. Dealer PropeWs IC, LLC 0 , Manager STATE OF S ) ss. )i l r t1 P COUNT This instrument as acknowledged before me on this z z day of 2010, by as Yy a6n424 °r of Dealer Properties IC, LLC. tulMwmgAV HFIWe.A1�fNn4.hbta.a;Mepj �LV L(� � ��V'�%�J Clai "OL i 1•i A. DOWERS { NOT.Mv fiusttC Notary Public idand for the State of -SI-) SOUTH DAKOTA us �t. My commission expires: Book 4673, Page 183, File Number (Page 28 of 39) Prepared by and Return to: Thomas H. Gelman 21 E. Market St. (319)354.1104 Iowa City, 1A 52244 RELEASE OF UNDERGROUND UTILITY EASEMENT LOT 1 JJR DAVIS ADDITION, IOWA CITY, IOWA 1. Dealer Properties IC, LLC is the owner and developer (Developer) of D & D Billion Addition to the City of Iowa City, Iowa, according to the recorded plat thereof recorded in Plat Book at page �f the records of Johnson County, Iowa ( "Subdivision"). Said Subdivision is a subdivision of Auditor's Parcel 2010038 and a re- subdivision of Lot One of JJR Davis Addition. In the process of developing the Subdivision, Developer has partially vacated JJR Davis Addition, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 47, Page 165, of the Records of Johnson County, Iowa. These combined activities have resulted in the relocation of underground utility easements. New underground utility easements have been granted in connection with t11e Final Plating of the Subdivision and a certain previously granted easement area will no longer be used and needs to be released. 2. In connection with the subdivision of JJR Davis Addition, the Developer did grant to Mid - American Energy Company, Qwest Corporation and MediaCom Iowa, L,L.C. a perpetual underground utility easement upon, over, under, along and across the areas marked on the final plat of JJR Davis Addition, Iowa City, Iowa, as "utility easements ". 3. In connection with the Subdivision, the Developer has granted to Mid - American Energy Company, Qwest Corporation and MediaCom Iowa, L.L,C, a perpetual underground utility easement upon, over, under, along and across the areas marked on the final plat of the Subdivision as "Utility Easement". 4. The utility easements so granted in connection with the Subdivision have been approved by the three utility companies specified above in paragraph 4 of these 11� Book 4673, Page 183, File Number (Page 29 of 39) Recitals, or their respective successor, and the new easements are sufficient for the installation of utilities to the lots in the Subdivision. 5. A 15 foot utility easement over a portion of Lot 1, JJR Davis Addition, Iowa City, Iowa, granted in connection with the final plat of JJR Davis Addition is no longer necessary or appropriate given the re- platting of the Subdivision and granting of new easements. 6. The 15 foot easement within Lot I of JJR Davis Addition, as shown on the final plat of the Subdivision "TO BE RELEASED" and as shown on the attached easement release plat should be so released by Mid - American Energy Company, Qwest Corporation and MediaCom Iowa, L.L.C. In consideration of the grant of underground utility easements in connection with D & D Billion Addition to the City of Iowa City, Iowa, and other good and valuable consideration, the undersigned does hereby release to Dealer Properties IC, LLC all of its right, title and interest in and to the "EXISTING 15' WIDE UTILITY EASEMENT TO BE RELEASED" as so identified on the attached easement release plat. Dated: S 2q '! co 2010 • IOWA, title w ► w,� `. ;► STATE OP_ , —,COUNTY T— On this r5�_7 day of 2010, before me, a notary public in and for said county, personally appeare 'vrn-o f'e vti-- to me personally ]mown, who being by me duly sworn did'shy tha that person ' vt, G'o . of said corporation and that said instrument was signed on behalf of the said co poration by authority of its board of directors and the said elt . _ acknowledged the execution of said instrument to be the of ary act and deed of said corporation, by it voluntarily executed. M2 mlsWon otary Public gr said state No ry P b ' for se 2 \ Book 4673, Page 183, File Number (Page 30 (of 39)� I a k �D C� nn �x V D N� O i u2A j I g� II ® I 0 I R� �a® Rod e li w �"M r F oaD ®a Z u6C ego s �D 4: R P S $ $ O Hg g `o ¢ w 3 c p j0 �rn r F oaD ®a Z u6C ( M 8-916 �;ukt aJ��o �ge 803 SpwQ aa8 ge �' ssSe 08 @" �ng3 i RURNHH39219 H gP °wqa 8g�g'"8^a-rceN -cWit s Haw S. B a w 51" 8'sg�aao£m$�° $ax N L m ^m �> om _(Z m ZQ _ 0 N m mm C/) > mm V mr ZD Hook 4673, Paaa 183, File Number ➢ �5 4: R P S $ $ O go g `o ¢ �s 3 c p j0 �rn rq N m � R 4 ( M 8-916 �;ukt aJ��o �ge 803 SpwQ aa8 ge �' ssSe 08 @" �ng3 i RURNHH39219 H gP °wqa 8g�g'"8^a-rceN -cWit s Haw S. B a w 51" 8'sg�aao£m$�° $ax N L m ^m �> om _(Z m ZQ _ 0 N m mm C/) > mm V mr ZD Hook 4673, Paaa 183, File Number �5 R Dyy� s go g `o g c Z 00 z 3 c p j0 �rn N m ( M 8-916 �;ukt aJ��o �ge 803 SpwQ aa8 ge �' ssSe 08 @" �ng3 i RURNHH39219 H gP °wqa 8g�g'"8^a-rceN -cWit s Haw S. B a w 51" 8'sg�aao£m$�° $ax N L m ^m �> om _(Z m ZQ _ 0 N m mm C/) > mm V mr ZD Hook 4673, Paaa 183, File Number (Page 31 of 39) Prepared by and Return to: Thomas H. Gelman 21 E. Market St. (319)354.1104 Iowa City, IA 52244 RELEASE OF UNDERGROUND UTILITY EASEMENT LOT I JJR DAVIS ADDITION, IOWA CITY, IOWA RECITALS 1. Dealer Properties IC, LLC is the owner and developer (Developer) of D & D Billion Addition to the City of Iowa City, Iowa, according to the recorded plat thereof recorded in Plat Book 65 at page L,26-of the records of Johnson County, Iowa ( "Subdivision "). Said Subdivision is a subdivision of Auditor's Parcel 2010038 and a re- subdivision of Lot One of JJR Davis Addition. In the process of developing the Subdivision, Developer has partially vacated JJR Davis Addition, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 47, Page 165, of the Records of Johnson County, Iowa, These combined activities have resulted in the relocation of underground utility easements. New underground utility easements have been granted in connection with the Final Plating of the Subdivision and a certain previously granted easement area will no longer be used and needs to be released, 2. In connection with the subdivision of JJR Davis Addition, the Developer did grant to Mid - American Energy Company, Qwest Corporation and MediaCom Iowa, L.L.C. a perpetual underground utility easement upon, over, under, along and across the areas marked on the final plat of JJR Davis Addition, Iowa City, Iowa, as "utility easements ". 3. In connection with the Subdivision, the Developer has granted to Mid - American Energy Company, Qwest Corporation and MediaCom Iowa, L.L.C. a perpetual underground utility easement upon, over, under, along and across the areas marked on the final plat of the Subdivision as "Utility Easement". 4. The utility easements so granted in connection with the Subdivision have been approved by the three utility companies specified above in paragraph 4 of these /0 Book 4673, Page 183, File Number (Page 32 of 39) Recitals, or their respective successor, and the new easements are sufficient for the installation of utilities to the lots in the Subdivision, 5, A 15 foot utility easement over a portion of Lot 1, JJR Davis Addition, Iowa City, Iowa, granted in connection with the final plat of JJR Davis Addition is no longer necessary or appropriate given the re- platting of the Subdivision and granting of new easements. 6. The 15 foot easement within Lot 1 of JJR Davis Addition, as shown on the final plat of the Subdivision "TO BE RELEASED" and as shown on the attached easement release plat should be so released by Mid - American Energy Company, Qwest Corporation and MediaCom Iowa, L,L.C. In consideration of the grant of underground utility easements in connection with D & D Billion Addition to the City of Iowa City, Iowa, and other good and valuable consideration, the undersigned does hereby release to Dealer Properties IC, LLC all of its right, title and interest in and to the "EXISTING 15' WIDE UTILITY EASEMENT TO BE RELEASED" as so identified on the attached easement release plat. Dated: ° / �?7 2010 QWEST RATION By Sff — ✓ title STATE OF �J7 S_ , COUNTY OFe�J_jj., —� On this _,;7� day of 2010, before me, a notary public in and for said county, personally appeared to me personally known, who being by me duly sworn did say that that person /lac -.,� of said corporation and that said instrument was signed on behalf of the said corporation by i authority of its board of directors and the said t�rrir acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it voluntarily executed. Q No Public fors ' state LORIKYODER C e 9128 Comrnfs000n Jul r.49 V I Book 4673, Page 183, File Number (Page 33 of 39) �� 0c, Q�i\ & A e�� Im § t, Wq a P g 1 waP \ " Mtn \ ®14 rn j1 I'1 1� �J�pfEa5'a ��81�'�O Sem Rg osi °" Cm III f��c,$m�sxgms }gym' O �_ Z 0 0 Pes� asVsd1;t�W�rt��s�SS xa a9 � S� as�gQQ�s c II I m hp y m � m RR �o8ase D 4$4t9�S El <�s LwglppF O s� 8"' A%;�a.ao lgu! - l- -m- Cn rr 61!402-, OP_ �y 41a f1 a ( 3� oa ��ag � 8�s °aka gx Tm a�gy 3so 3 "83 8'v 9$o 31 v m {eog' ^wg °fee Z r 12 m°,ssu- o��QQam= ;�a� ,g .g W9 a �� -G —v z a o C- zzNy n m n$(ron o —� �K0 _ Hook 4673, Paae 183, File Number '. (Page 34 of 39) Prepared by and Return to: Thomas H. Getman 21 E. Market St. (319)354 -1104 Iowa City, IA 52244 RELEASE OF UNDERGROUND UTILITY EASEMENT LOT I JJR DAVIS ADDITION, IOWA CITY, IOWA RECITALS 1. Dealer Properties IC, LLC is the owner and developer (Developer) of D & D Billion Addition to the City of Iowa City, Iowa, according to the recorded plat thereof recorded in Plat Book 5.� at page (of the records of Johnson County, Iowa ( "Subdivision "). Said Subdivision is a subdivision of Auditor's Parcel 2010038 and a re- subdivision of Lot One of JJR Davis Addition. In the process of developing the Subdivision, Developer has partially vacated JJR Davis Addition, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 47, Page 165, of the Records of Johnson County, Iowa. These combined activities have resulted in the relocation of underground utility easements. New underground utility easements have been granted in connection with the Final Plating of the Subdivision and a certain previously granted easement area will no longer be used and needs to be released. 2. In connection with the subdivision of JJR Davis Addition, the Developer did grant to Mid - American Energy Company, Qwest Corporation and MediaCom Iowa, L.L.C. a perpetual underground utility easement upon, over, under, along and across the areas marked on the final plat of JJR Davis Addition, Iowa City, Iowa, as "utility easements ", 3. In connection with the Subdivision, the Developer has granted to Mid - American Energy Company, Qwest Corporation and MediaCom Iowa, L.L,C. a perpetual underground utility easement upon, over, under, along and across the areas marked on the final plat of the Subdivision as "Utility Easement". 4. The utility easements so granted in connection with the Subdivision have been approved by the three utility companies specified above in paragraph 4 of these /0 Hook 4673, Page 183, File Number (Page 35 of 39) Recitals, or their respective successor, and the new easements are sufficient for the installation of utilities to the lots in the Subdivision. 5. A 15 foot utility easement over a portion of Lot 1, JJR Davis Addition, Iowa City, Iowa, granted in connection with the final plat of JJR Davis Addition is no longer necessary or appropriate given the re- platting of the Subdivision and granting of new easements. 6. The 15 foot easement within Lot 1 of JJR Davis Addition, as shown on the final plat of the Subdivision "TO BE RELEASED" and as shown on the attached easement release plat should be so released by Mid - American Energy Company, Qwest Corporation and MediaCom Iowa, L.L.C. In consideration of the grant of underground utility easements in connection with D & D Billion Addition to the City of Iowa City, Iowa, and other good and valuable consideration, the undersigned does hereby release to Dealer Properties IC, LLC all of its right, title and interest in and to the "EXISTING 15' WIDE UTILITY EASEMENT TO BE RELEASED" as so identified on the attached easement release plat. Dated: 9 ( a y //D 2010 MID - AMERICAN ENERGY COMPANY , title STATE OF ._, COUNTY OF -� � On this day of �J J 2010, before me, a notary public in and for said county, personally appeared to n e personally known, who being by me duly swor did say that that person is o£ said corporation and that said instrument was signed on behalf of the said corporation by authority of its board of directors and the said il� a r 3 0 acknowledged the execution of said instrument to be e voluntary act d deed of said corporation, by it voluntarily executed, nL I(— Notary Public fors d state y Commit RI Nunber789128 Expires �Ju .t�3� 2� Hook 4673, Page 183, File Number (Page 36 of 39) m oo8n' &a Q Fi o- c " o S RRY r i"AOw Te ,C .Oi P�y�me� frQi o 8F3� 1 I$I z m n4N �0 XA8 a a o: as Qmaew mg IN x b 0 I Op C' -Q -. 3{n1S 5' um I MRP y P , PUB �myR Nn 8 I Ny�� mR NOM o Eam'ZSa u I R CU0. Lff 6 4 A u uo�a� o- e s g o S P 8F3� I$I z m n4N �0 XA8 C 0 i 1 ; C r p 1 it /, P II111111 1 �b��Ypez o� G 6' 00 D n E OEC mr� m o �p 3 r z� T O Z �y t�Nm i y cl rnQ ZW - l0 N y fi�N N HI-Ku d,a 7/15/$010 10.57M A4 COT 4673, Paue 183, File Number (Page 37 of 39) Prepared by and Return to: Thomas H. Gelman 21 E. Market St, (319)354 -1104 Iowa City, IA 52244 RELEASE OF STORM SEWER AND DRAINAGE EASEMENT OUTLOT B IN JJR DAVIS ADDITION, IOWA CITY, IOWA RECITALS I. Dealer Properties IC, LLC is the owner and developer (Developer) of D & D Billion Addition to the City of Iowa City, Iowa, according to the recorded plat thereof recorded in Plat Book � at page L2 of the records of Johnson County, Iowa ("Subdivision"). Said Subdivision is a subdivision of Auditor's Parcel 2010038 and a re- subdivision of Lot One of JJR Davis Addition. In the process of developing the Subdivision, Developer has undertaken a partial vacation of JJR Davis Addition, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 47, Page 165, of the Records of Johnson County, Iowa. These combined activities have resulted in the relocation of a Storm Sewer and Drainage Easement. A new "Private Storm Sewer and Drainage Easement" has been granted in connection with the Final Plating of the Subdivision and a previously existing grant to the City of Iowa City, Iowa ("City") will no longer be used and needs to be released. 2. In connection with the subdivision of JJR Davis Addition, the Developer did grant to the City of Iowa City a perpetual storm sewer easement upon, over, under, along and across the area of Outlot B of JJR Davis Addition, Iowa City, Iowa as marked on the final plat of said JJR Davis Addition as "20.00' STORM SEWER AND DRAINAGE EASE", 3. In connection with the Subdivision the Developer has granted a "20' PRIVATE STORM SEWER AND DRAINAGE EASEMENT" upon, over, under, along and across area portion of Outlot B of JJR Davis Addition. 4. The prior "20.00' STORM SEWER AND DRAINAGE EASE" over a portion of Outlot B of JJR Davis Addition as shown on the final plat of said JJR Davis Addition is no longer necessary or appropriate given the reconfiguration of the Subdivision. ti\ Book 4673, Page 183, File Number (Page 38 of 39) S. The "EXISTING STORM SEWER AND DRAINAGE EASEMENT TO BE RELEASED" as shown on the attached Easement Release Plat should be so released by the City. In consideration of the grant of the "20' PRIVATE STORM SEWER AND DRAINAGE EASEMENT" in connection with D & D Billion Addition to the City of Iowa City, Iowa, and other good and valuable consideration, the undersigned does hereby release to Dealer Properties IC, LLC all of its right, title and interest in and to the "EXISTING STORM SEWER AND DRAINAGE EASEMENT TO BE RELEASED" as so identified on the final plat of the Subdivision. Dated: 0a /oary— f 1 2010 CITY OF IOWA CITY, IOWA By: aisn ~_ %, Matthew J. Hayek, MP B ,� CORPORATE S y: EAL Mar K. Karr, City Clerk State of Iowa, County of Johnson, ss: rk On thiO&y of bcfa,3 2010, 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. $ONDRAEFORT SOY � tth z Commission Number 159791 Notary Public for the State of Iowa My Co misalon Expires 3 2U1; I/\ 4. Book 4673, Page 183, File Number (Page 39 of 39) Ilk tl 4 1 / it I i i I SUS � g 0 -1 m (A �R 4 nor OV\e�' m � OOH 0 o g �O 33 n^ F IP VIM m. Pm$ NU & 0. � 6 i * \�k YJ� w� t . �q 0 d g i 9 Oo q' tl 4 1 / it I i i I SUS � g 0 -1 m (A �R 4 nor OV\e�' m � OOH o g �O �a'a s� oho IP VIM m. Pm$ NU & 0. � 6 i * \�k YJ� 3 t . 4 Hun tl 4 1 / it I i i I SUS � g 0 -1 m (A �R 4 nor OV\e�' m � OOH o g �O �a'a s� oho `0 1T z 3 y C 0• �o � m z Z'J I M, g i 9 N �jA q' `g mg0 S� i 0 R P 9 v eR4 0$ m � o g 'o �a'a s� oho `0 1T z 3 y C 0• �o � m z Z'J g i 9 N �jA q' `g mg0 S� a s -$- Saga >gq� o�SS g�e� t yX §9 e° og8� e3ss `m §6 rcoq� X30 gY $g 1g i 5F ail ^o q�e �mP nwsr soa ^m cn �D > om cm � r n � 1 r m/n > mm M-0 mr ZD Book 4673, Paae 183, File Number m � o 'o 3 >� y Um q' `g mg0 S� Book 4673, Paae 183, File Number (Page 1 of 9) ✓ ,Pq IIIIIIIIIIIIII�IIIIIIIIIII��III�IIINI�IIII�IIIIIIII�III�IIINIIIIIIII Doc ID: 022002920009 Type: GEN Kind: COVENANT Reoorded: 10/28/2010 at 01:08:30 PM Fee Amt: $49.00 Pane 1 of 9 Johnson Countv Iowa KIM Painter Countv Recorder SK4673 PG222 -230 Prepared by: Thomas H. Gelman, 321 Market Street, Iowa City IA 52244 (319)354.1104 PROTECTIVE COVENANTS AND RESTRICTIONS FOR LOTS I AND 2 IN D & D BILLION ADDITION, IOWA CITY, IOWA AND ALSO FOR OUTLOT B IN JJR DAVIS ADDITION Declarants: Dealer Properties IC, LLC Return recorded document to: Thomas H. Gelman 321 Market Street P.O, Box 2150 Iowa City, IA 52244 -2150 q'_\ Book 4673, Page 222, File Number (Page 2 of 9) PROTECTIVE COVENANTS AND RESTRICTIONS FOR LOTS 1 AND 2 IN D & D BILLION ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA AND ALSO FOR OUTLOT B IN JJR DAVIS ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA Dealer Properties IC, LLC, referred to as "Declarant', is the owner of certain real estate in Iowa City, Johnson County, Iowa, described as follows: Lots 1 and 2 in D & D BILLION ADDITION, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 55, Page 05, of the records of Johnson County, Iowa; and Outlot "B" in JJR Davis Addition, Iowa City, Iowa, according to the Plat thereof recorded in Plat Book 47, at page 165, of the Records of Johnson County, Iowa. Declarant, for the mutual benefit of those persons who now own or may subsequently acquire Lots 1 and 2 in D & D BILLION ADDITION, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 5J5 Page /d5, of the records of Johnson County, Iowa hereby impose the following Covenants and Restrictions on all of said Lots, which Covenants and Restrictions shall be binding upon all the present and future owners of such Lots or portions thereof as covenants running with the land, and with such force and effect as if contained in each subsequent conveyance of land. These Covenants are intended as an amendment to, and to supersede in their entirety, the Protective Covenants and Restrictions for Lots 2, 3, 4, 5, 6, 7 and 8 in JJR Davis Addition, Iowa City, Johnson County, Iowa, as such covenants have been recorded In Book 3978, pages 664 -672, of the Records of Johnson County, Iowa. As such, the Protective Covenants and Restrictions for Lots 2, 3, 4, S, 6, 7 and 8 in JJR Davis Addition, Iowa City, Johnson County, Iowa, as recorded in Book 3978, pages 664 -672, of the Records of Johnson County, Iowa, are hereby terminated, The Declarant is the current owner of all of the affected Lots and real estate. ARTICLE I - USE AND BUILDING In this Article I, Lots 1 and 2 in D & D Billion Addition are referred to collectively as "Lots" and individually as a "Lot'. 1. No building or structure of any kind, including signs or other forms of advertisement, shall be erected, placed or altered on any Lot until architectural plans and building specifications, site plans showing location of buildings and all other improvements, existing and proposed finished grades, location of trees 3" and over in diameter; and preliminary landscape designs (the "Submittals ") have been approved in writing by Declarant or its designee. Primary consideration in granting or refusing such approval shall be given to quality of design; materials, harmony of external design with existing structures, and any other appropriate and reasonable considerations, with a view to the development of an attractive and convenient commercial area of integrated design and function. If Declarant or its designee, does not act on applications submitted for approval within thirty (30) days after receiving the Submittals for a particular building project, such application shall be deemed approved. q, \ Book 4673, Page 222, File Number (Page 3 of 9) 2. Owners and lessees of retail stores or other business establishments on Lots shall keep their stores, buildings and other structures in good repair, and shall maintain the premises in a neat and attractive appearance in general. 3. No noxious, offensive or illegal activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance. There shall not be maintained any plants or animals, or device or thing of any sort whose normal activities or existence is in any way noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the enjoyment of other Lots by the owners or lessees thereof, No act constituting a nuisance as defined under the provisions of Chapter 657, Code of Iowa, or the common law of Iowa shall be permitted and the restrictions pertaining to acts within a county in said Code chapter shall be applicable to this Subdivision. 4. The unenclosed portion of any Lot, including landscaping, walkways and automobile parking areas, shall be maintained in a neat, clean and attractive manner. 5. Construction of the exterior of any structure on a Lot must be completed within one (1) year after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the owner or building due to strikes, fires, national emergency or natural calamities. 6. Each owner of a Lot on which a permanent structure has not been constructed and upon which no approved landscaping plan has been implemented, shall be responsible for mowing, removing, cutting, clearing or pruning unsightly growth which detracts from the overall beauty, setting and safety of the surrounding area, and further responsible for keeping the Lot free and clear of debris and trash. Declarant and its agents may enter upon any such Lot to perform any such functions without such entrance and removal being deemed a trespass, provided that the owner has failed to remedy the non - performance after receiving at least 30 days prior written notice from Declarant or its designee specifying such deficiencies. The Lot owner(s) shall reimburse Declarant or its designee for any such work performed within 15 days after receipt of an itemized invoice for such work. The provisions of this paragraph permitting Declarant or its designee to remedy a violation shall not be construed to limit any other Lot owner from pursuing available remedies for such violation or as an obligation on the part of Declarant or its designee to mow, clear, cut or prune any Lot nor to provide garbage or trash removal services. 7. It shall be the responsibility of each Lot owner and lessee to prevent any unclean, unsightly or unkempt conditions of buildings or grounds on such Lot which shall tend to substantially decrease the attractiveness of the area as a whole or the specific area, If the Lot owner does not so maintain the Lot and any improvements thereon then after thirty (30) days written notice to the Lot owner and failure of the Lot owner to correct the defective condition during such 30 day period, Declarant or its designee, at the Lot owner's expense, may enter upon the premises and correct the defective condition without being deemed a trespass. The provisions of this paragraph permitting Declarant or its designee to remedy a violation shall not be construed to limit any other Lot owner from pursuing remedies for such violation or as an obligation on the part of Declarant or its designee to correct any unclean, unsightly or unkempt conditions. Book 4673, Page 222, File Number (Page 4 of 9) 8. Each Lot owner or lessee shall provide sanitary receptacles for garbage in a screened area not generally visible from a public street and such facilities shall be kept in a clean and sanitary condition, 9. No structure of a temporary character, including mobile offices or living quarters shall be placed upon an Lot at any time, provided, however, that this prohibition shall not apply to shelters used by the contractor during construction of any permanent structure, it being clearly understood that these latter temporary shelters may not, at any time, be used as residences or for any commercial uses or permitted to remain on the Lot after completion of construction, and provided further that this prohibition shall not apply to camping trailers and other recreational vehicles entering the property after the buildings are completed and open for business. 10. No Lot shall be subdivided, or its boundaries changed, except with the written consent of Declarant or its Designee. However, Declarant and/or its designee or assigns may replat any two (2) or more Lots intended for commercial use in order to create a modified site or sites and to take such other steps as are reasonably necessary to make such replatted lot suitable and fit as a commercial Lot site to include, but not limited to, the relocation of easements, walkways and rights -of -way to conform to the new boundaries of said replatted lots. The restrictions and covenants herein apply to each replatted Lot that may be so created. 11. All pitched roofs shall be either metal with standing seams or shingled with materials at least of the quality of Certainteed Landmark 30, All fascia and soffit coverings shall have specifications of at least the quality of prefinished Rollex aluminum. 12. Exterior surfaces of the buildings facing public streets shall be constructed only of brick, stone, architectural masonry or colored stucco. Sides of buildings not facing public streets may be of any such materials or architectural metals. Declarant or its designee may approve in writing other limited maintenance type surfaces. Other materials may be approved in writing by Declarant or its designee. 13. Lot owners shall, upon purchasing a Lot, assume the obligation to install (if not already installed), maintain, repair and replace sidewalks in accordance with the specifications of the City of Iowa City and in accordance with the Subdivider's Agreement entered into in connection with the Final Plat applicable to such Lot, 14. During the course of any construction on a Lot, the building contractors and Lot owner shall keep mud, dirt, debris and building materials off of all streets and other Lots. 15. Declarant or their designee may in writing waive or consent to variances in any of the preceding building covenants and restrictions to prevent hardship to or unintended results for any Lot owner, 16. The owner of any building damaged by fire or act of God shall within ninety (90) days thereof, commence restoration or reconstruction of said dwelling, and work shall be completed within one (1) year from the date of destruction. 17. Lots in the Subdivision shall have public street access onto Mormon Trek Boulevard at only three access points as shown on the Final Plat of the Subdivision (one such private drive access point within Lot 1 at its current location, a second within Lot 1 across Mormon Trek Boulevard from Grace Drive, and the third within Lot 2 across Mormon Trek Boulevard from ti\ Book 4673, Page 222, File Number (Page 5 of 9) Eagle View Drive), Lot 1 shall be permitted to use the 60' access easement as shown on the final plat of the Subdivision across Lot 2, subject to the terms and conditions of a separately recorded Private Access Easement Agreement, 18. These covenants and restrictions shall be in addition to and not in lieu of or in limitation of any applicable zoning or building requirements. ARTICLE II - OWNERS ASSOCIATION 1. These definitions shall apply only to this Article H. 1.1 "Association' ' shall mean and refer to D & D Billion Outlot B Owners Association, an incorporated association of Lot Owners, subject to its Articles of Incorporation and By -laws. 1,2 "Lot Owner" shall mean and refer to 1) the record owner(s) of a fee simple title or 2) a contract vendee(s), whether one or more persons or entities, of a Lot as defined in Section 1.3, but excluding those having such interest merely as security for the performance of any obligation, such as mortgagees. 1.3 "Lots" shall refer to Lots 1 and 2 in D & D Billion Addition. "Lot" shall refer to one of such Lots, unless otherwise specified. 1.4 "Developer" shall mean and refer to Declarant and its assigns, and when not otherwise specifically stated shall also include its designee(s). 1.5 "Board of Directors" shall mean and refer to the Board of Directors of the Association. 1.6 "Common Area" shall mean Outlot `B" in JJR Davis Addition, Iowa City, Iowa according to the Plat thereof recorded in Plat Book 47, Page 165, of the Records of Johnson County, Iowa, including the storm water management facility easement area, wetland buffer area, and the detention facility located thereon and pipes, inlets, outlets, grates and other improvements (hereafter "facilities ") related thereto that are or may be put in use to comply with the City of Iowa City's storm water management and detention requirements for the Lots and possibly other real estate. 2. Every Lot Owner of a Lot shall be a member of the Association Membership shall be appurtenant to and may not be separated from ownership of any Lot, 3. The Lot Owners shall elect a Board of Directors of the Association as prescribed by the Association's By -Laws, The Board of Directors shall manage the affairs of the Association, When any action is required to be taken by the Association herein, it shall be taken by the Board of Directors acting for the Association. 4, When more than one person and/or entity holds an interest in any Lot, all such persons and/or entities shall be members. The vote for such Lot (one vote per every 5,000 square ,1\ Book 4673, Page 222, File Number (Page 6 of 9) feet of lot area) shall be exercised as such members among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. S. The Association's sole responsibility shall be for holding the Common Area and for the repair, maintenance, preservation and landscaping (hereafter "maintenance ") of the Common . Area in compliance with all applicable governmental requirements and otherwise consistent with good stewardship of the stormwater easement area, facilities and wetlands for the intended common use. 6. In the event the need for maintenance of any portion of the Common Area is caused through the willful or negligent act of a Lot Owner or such Lot Owner's representatives, guests or invitees, as determined by the Board of Directors, the cost of such maintenance shall be paid for by such Lot Owner or shall be added to and become an assessment against such Lot Owner's Lot. 7. The Association may purchase a master comprehensive liability insurance policy to cover risks from its responsibilities hereunder in such amount or amounts as the Board of Directors shall deem appropriate from time to time. Such comprehensive liability insurance policy shall cover the Association, its Board of Directors, any committee or other working group of the Association or Board of Directors, all persons acting or who may come to act as employees, agents or representatives of any of the foregoing, all Lot Owners and all other persons entitled to occupy any Lot. The Association shall also obtain any other insurance required by law to be maintained and may obtain such other insurance as the Board of Directors shall from time to time deem necessary, advisable or appropriate. 8. Declarant, for each of the Lots, hereby covenants and each successor Lot Owner by acceptance of a deed for a Lot, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association 1) periodic assessments for routine maintenance of the Common Area and operation of the Association; and 2) special assessments for special maintenance of the Common Area and/or Association operating deficits, as the same may be established in accordance with these covenants, similar covenants applicable to other of the Lots and the Association's By -Laws. The periodic and special assessments, together with interest, costs and reasonable attorney's fees required for collection of past due assessments shall be a charge on the Lots and shall be a continuing lien upon each Lot against which such assessments are made until paid. Each such assessment against a particular Lot, together with interest, costs, and reasonable attorney's fees that may become due, shall also be a personal obligation of the Lot Owner(s) of such Lot, The personal obligation for delinquent assessments shall not pass to any successors in title unless expressly assumed by such successor, but the lien therefore shall remain until foreclosed or released. 9. The assessments levied by the Association shall be used for expenses of ownership of the Common Area, for maintenance of the Common Area and for the operating expenses of the Association. Both periodic assessments and special assessments must be fixed at a uniform rate for all Lots based upon the relative square feet of each Lot utilizing the Common Area for storm water management purposes to the total square footage of all such Lots. Assessments may be collected on a monthly or less frequent basis. The square footage of that portion of Lot 1 that utilizes another stormwater management area to satisfy storm water management requirements (Lot 1 of JJR Davis Addition) shall be excluded from the square footage assessments of the Association, /11\ Book 4673, Page 222, File Number (Page 7 of 9) 10. The periodic assessment shall be set annually by the Board. In addition to periodic assessments, the Association may from time to time levy a special assessment for the purpose of defraying, in whole or in part, the cost of special maintenance, or to cover operating deficits from prior or current periods. Adjustments to the periodic assessments shall commence on all Lots on the fast day of the month following the Board of Directors approving such an adjustment or at such other later time as the Board of Directors may adopt when setting the adjustment. Written notice of a special assessment shall be sent by the Board to every Lot Owner subject thereto. The due dates for all assessments shall be established by the Board of Directors, 11. The Association shall, upon demand, and for a reasonable charge, fiunish a certificate in recordable form signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A certificate from the Association, properly executed by any officer, regarding the status of assessments for any Lot shall be binding upon the Association as of the date of its issuance. 12. If an assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of delinquency at the rate of ten percent (10 %) per annum; and the Association may bring an action at law against the Lot Owner(s) personally obligated to pay the same or to foreclose the lien against the Lot, or both, and in the event a judgment is obtained such judgment shall include interest on the assessment as above provided and a reasonable attorney's fee to be fixed by the court, together with the costs of the action. 13. No Lot Owner may waive or otherwise escape liability for the assessments provided for herein by abandonment of his/her /its Lot. 14. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. Provided, however, the sale or transfer of any Lot pursuant to the foreclosure of any first mortgage on such Lot (without the necessity of joining the Association in any such foreclosure action) or any proceedings or deed in lieu. thereof shall extinguish the lien of all assessments becoming due prior to the date of such sale or transfer, but shall not extinguish the personal obligation of the Lot Owner. 15. Notwithstanding the foregoing provisions of this Article II: A. The Association shall have no obligation for maintenance of the Common Area (and need not be incorporated) until such time as title to the Common Area shall be conveyed to the Association and all initial stormwater basin improvements have been completed and approved by the City. Until such conveyance Declarant or its assigns shall maintain the Common Area. B. Declarant shall be solely responsible for the initial grading, facilities installation and ground cover for the stormwater management easement area, wetland buffer and facilities and shall not convey the same to the Association until such time as they have been fully completed and ground cover thereon reasonably established. C. James R. Davis, Jan Ellen Davis, and Robert A. Davis, for themselves and their successors and assigns, have reserved the right to use any stormwater management easement and facilities on Outlot B, as contemplated herein, for servicing the stormwater management requirements of other real estate (in addition to the Lots) that is adjacent to or in the vicinity of the 1z\ Book 4673, Page 222, File Nusber (Page 8 of 9) D & D Billion Addition and/or the JJR Davis Addition, provided that such easement area and facilities are adequately sized to fully satisfy the requirements of the City for the Lots and any other real estate so using such shared easement area and facilities; and further provided that all real estate so using the easement area and facilities is subject to membership in the Association and to its assessments for the expenses of ownership and maintenance of Common Area and operation of the Association. The assessments for each Lot Owner of the Lots and each other owner of a lot on adjacent or nearby real estate that may also use the Common Area (hereafter "additional lots ") shall allocate such costs of ownership, maintenance and operation in proportion to the square footage in each of the Lots and additional lots serviced by the Common Area to the square footage in all platted developable Lots and additional lots so serviced. Additionally, once the assessments commence all developable Lots and additional lots and their owners using the Common Area to satisfy stormwater management requirements, whether the Lot or additional lot is fully, partially or not yet developed, will be subject to such an allocated share of the assessments. D. Membership in the Association may be established by one or more other declarations of covenants or similar documents that are separately recorded for real estate that is adjacent to or nearby to the Lots that by reference incorporate the provisions of Articles II and III of these Covenants and Restrictions, and upon such incorporation "Lots" and "Lot Owners" as used in this Article II shall include such additional lots and lot owners. ARTICLE III - GENERAL COVENANTS 1. The restrictive covenants contained in Article I shall not be binding upon any of Lots I and 2 in said D & D Billion Addition so long as title thereto remains in Declarant or in a development entity controlled by Declarant. 2. Any approval, waiver, consent or other action required or permitted of Declarant under the terms of these restrictive covenants may be exercised by such person(s), firm(s) or corporation(s) as Declarant may designate in writing or assign their rights hereunder. 3. These covenants are to run with the land and shall be binding on the owners of Lots 1 and 2 in said D & D Billion Addition and all persons claiming by, through or under them for twenty -one (21) years after recording, at which time said covenants shall terminate unless by a vote of the majority of the then affected owners (one vote per every 5,000 square feet of lot area) it is agreed to keep said covenants or portions thereof from terminating under the provisions of Section 614.24, Code of Iowa, by filing the necessary claim(s) in the manner set forth in Section 614.25, Code of Iowa or any successor provision. For the purposes of such extension, Article I and Article II of these covenants shall be treated separately, thereby permitting the owners affected by Article I and Article II, respectively, to vote on the extension of Article I or Article Il only if such Article is applicable to such owner's real estate. Notwithstanding the expiration of the covenants, the provisions of Article II shall remain applicable so long as the Association referred to thereunder remains in existence to maintain the Common Area. 4. If any owner of an lot subject to these covenants violates or attempts to violate any of the applicable covenants or restrictions herein during their existence, it shall be lawful for any other owner subject to the same covenant or restriction to prosecute any proceedings at law or in equity against the owner violating or attempting to violate any such covenants or restrictions and either prevent said owner from so doing or to obtain damages or other remedies 1� Book 4673, Page 222, File Number (Page 9 of 9) for such violation. The Association shall have the same rights to enforce in connection with any violation or attempted violation of Article H. The prevailing party in any action to enforce these covenants, in addition to any other relief or remedy obtained, shall be awarded reasonable attorney fees and costs for such action. Dated this day of 2010. OWNER OF LOTS 1 AND 2 IN SAID D & D BILLION ADDITION AND OUTLOT "B" IN JJR DAVIS ADDITIOA`� Dealer �K ,title STATE OF -5,6 ) VYl ; h P1 COUNTY) This instrument w s acknowledged before me on this a day of , 2010, by t'JONi d R , //� , as _7'>1w>1aG e�� of Dealer Properties IC, LLC. r CAROLYN A. BOWERS Notary Public in and for the State of S/� NOTARY PUBIC -eau My commission expires: //J •� o/ SOUTH DAKOTA Book 4673, Page 222, File Number (Page 1 of 13) IIIIIIIIIIIIIIIII�IINIIIIII�II�II�IIIIIIINI�IIIIIIIIIIn0l�lllll fd--1 r Doo ID: 022003510013 Kind: RESOLUTION Type. GEN I = 4 >r ! bt Recorded: 10/28 /2010 at 05:19:62 PM !1 �'� vvp ice 'M�1!(t�� Fee Amt: 569.00 Pace 1 Johnson Count" Iowa Oi SS tk � ®Im,7 Kim Painter Countv Recorder ■■ BK4673 Pa606 -618 CITY OF IOWA CITY 410 Fast Washington Street Iowa City. Iowa 52240 -1826 (3 19) 356 -5000 (319) 356 -5009 FAX www.1cgov,org STATE OF IOWA ) ) SS JOHNSON COUNTY ) 1, Marian K. Karr, City Clerk of Iowa City, lows, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.10 -431, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the I Ith day of October, 2010, all as the same appears of record in my office. Also attached are various documents for related to the Partial Vacation of JJR Davis Addition as follows: 1. Declaration of Partial Vacation of Plat by Proprietor and Mortgagee 2. Petition for Vacation, with Exhibits A and B, and Certificate of County Auditor Pertaining to Partial Vacation of JJR Davis Addition Dated at Iowa City, Iowa, this ,� 7 day of 12010. Marian IZ. Karr City Clerk v BORATE SEAL 'Lv Book 4673, Page 606, File Number (Page 2 of 13) 7V -71 -7U 6f 4 Prepared by; Sara Greenwood Hektoen, Asst. City AttoPney, 410 E. Washington Stree4Tl$w9.City�t1A• 5224Q 313- 356 -5030 RESOLUTION NO. 10 -431 E5 i A RESOLUTION VACATING A PORTION OF JJR DAVIS ADDITI AcV CONVEYING THE VACATED CITY VIEW DRIVE TO DEALER PROPERTIES IC, LLC WHEREAS, the Applicant, Dealers Properties IC, LLC, has requested that the City vacate Lots 2 -8 and City View Drive, JJR Davis Addition, Iowa City, Iowa, recorded at Plat Book 47, Page 165, in the Records of Johnson County, Iowa, and convey to Applicant City View Drive, so that the vacated land can be repiatted for commercial development; and WHEREAS, City View Drive, a loop drive serving only the lots located within JJR Davis Addition, was dedicated to the City at the time JJR Davis Addition was platted; and WHEREAS, although the roadway has been constructed, the City has not accepted it as constructed and therefore it Is not currently open to the public; and WHEREAS, the Applicant owns all lots abutting City View Drive; and WHEREAS, this vacation and conveyance of City View Drive is made without additional compensation paid to the City, as City View Drive is of no benefit to the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City of Iowa City hereby vacates City View Drive and Lots 2 -8, JJR Davis Addition, Iowa City, Iowa, together with any and all easements thereon dedicated to the Public in connection with the platting of said JJR Davis Addition. 2. The City of Iowa City hereby conveys to Dealer Properties IC, L.L.C. all of its right, title and interest In the real estate within the vacated City View Drive, as shown on the Final Plat of JJR Davis Addition, recorded at Plat Book 47, Page 165, in the Records of Johnson County, Iowa. Passed and approved this 11th day of October 20 10 MAYOR ATTEST: - �.,_ OT? 6LERK CORPORATE SEAL Approved by / I�gni City Attorney's Office 9 /9 /iv �v Hook 4673, Page 606, File Number (Page 3 of 13) Resolution No, 10 -431 Page 2 It was moved by 'Champion and seconded by rums the Resolution be adopted, and upon roll call there were: AYES: x x X, it .x wpdata/glossM /resdvUon4mdw NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright �v Hook 4673, Page 606, File Number (Page 4 of 13) Prenamdby and return to: Thomas H. Gelman, P.O. Box 2150. Iowa City IA 52244 -2150 (319)354 -1104 DECLARATION OF PARTIAL VACATION OF PLAT BY PROPRIETOR AND MORTGAGEE The undersigned Proprietor and Mortgagee hereby declare, pursuant to §354.22 of the Iowa Code, the official plat known as JJR Davis Addition, Iowa City, Iowa, as recorded in Plat Book 47 at Page 165, partially vacated, to the extent of Lots 2 -8 inclusive and City View Drive, and further state as follows: 1. The undersigned Proprietor is the sole owner of Lots 2 -8 of said JJR Davis Addition and is also the sole owner of Lot 1 and Outlot B of JJR Davis Addition, and thereby owns all real estate within the partially vacated portion of JJR Davis Addition as well as all property bordering each side of the right -of- way of City View Drive. 2. Wells Fargo Bank, National Association holds the fast mortgage on the numbered lots to be vacated and is the sole mortgagee of such real estate. , 3. The current legal description for the property to be vacated is "Lots 2 -8 in JJR Davis Addition, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 47 at Page 165 of the records of Johnson County, Iowa, and City View Drive as contained within the plat of JJR Davis Addition, as recorded in Book 47 at Page 165 of the records of Johnson County, Iowa ". 4. The description of the real estate after the plat is partially vacated shall be "Auditor's Parcel No, 2010- 038, Johnson County, Iowa, according to the plat thereof recorded in Plat Book 55 at Page 39 of the records of Johnson County, Iowa ". S. The partial vacation of JJR Davis Addition as described herein is with the consent and approval of the undersigned Proprietor and Mortgagee. Proprietor I Dealer Properties C By David I-I, Billion, Manager State of,^), County of �jnp_✓_�,�•/w , ss: This instrument was acknowledged before me on Z'i , 2010 by David H. Billion as Manager of Dealer Properties IC, LLC. Notary Public 3 ZF QA RDN IABR trrt•►t>Aico�x Book 4673, Page 606, File Number (Page 5 of 13) Mortgagee Wells Fargo Bank, National Association By�" ' �rOmsl "o-MI ,r State ofr1tsl County of galmSea,i This instrument was acknowledged before me on <t o'� 3 1 O by Nary 21 5 1N 1l Qm S as Re lotton�}� r of Wells Fargo Bank, National Association, JU"'FOLEY Nota blip, NOTARY PUBLIC • MINNESOTA MY COMMISSION EXPIRES o113U1S State ofrA N County of 1!�pm�e _ This instrument was acknowledged before me on Amu s t oZ� oZ 01 O by erucA. 1 W ct hS L as V j fR, Aels t rin. -%t of Wells Fargo Bank, National Association, JUDITHFOLEY NOTARY PUBpo- MINNESOTA MY COMMISSIONEXPIRES OV31115 Sig AQkAa- NotaVy Public v vv Book 4673, Page 606, File Number (Page 6 of 13) PETI'T'ION FOR VACATION OF A PORTION OF THE OFFICIAL PLAT OF JJR DAVIS ADDITION, IOWA CITY, IOWA PURSUANT TO §354.22 AND /OR §354.23 OF THE IOWA CODE To: City Council, City of Iowa City Marian Karr, City Clerk, City of Iowa City COMES NOW Dealer Properties IC, LLC, and through its attorney, Thomas H. Gelman of Phelan, Tucker, Mullen, Walker, Tucker & Gelman, LLP, P.O. Box 2150, Iowa City IA 52244- 2150, and pursuant to §354.22 and/or §354.23 of the Code of Iowa hereby petitions for the partial vacation of JJR Davis Addition and states the following: 1, Dealer Properties IC, LLC ( "Petitioner ") is the legal titleholder to all of Lots 1.8 and Outlot B of JJR Davis Addition, Iowa City, Iowa, according to the plat thereof, as recorded in Plat Book 47, at page 165 of the records of Johnson County, Iowa. 2. Petitioner wishes to reconfigure its property for development purposes and has submitted a plat for D & D Billion Addition to Iowa City, Iowa, including re- subdividing Lots 1 -8 of JJR Davis Addition, plus City View Drive, as shown on the Plat of JJR Davis Addition. The re- subdivided area is proposed to contain no public streets and two developable lots. All of Outlots A and B of JJR Davis Addition remain unchanged. 3. The reconfiguration of the Proprietor's real estate necessitates the vacating of that portion of the plat of JJR Davis Addition containing Lots 2 -8 and City View Drive. 4. The City of Iowa City is the governing body which would have jurisdiction to approve the plat of JJR Davis Addition at the time such a plat might be filed. The only proprietors within the official plat that are within 300 feet of the area to be vacated, other than the Petitioner, are the owners of Outlot A, namely James R. Davis, Robert A. Davis and Jan Ellen Smith. Such owners have acknowledged receipt of a copy of this Petition, waived notice of the filing of this Petition with the City and of any hearing on the Petition, and have consented to the approval of the partial vacation requested in the Petition, such documents being attached hereto as Exhibit A. 6. No portion of the JJR Davis Addition official plat adjoins a river or state owned lake. The only mortgagee within the official plat is Wells Fargo Bank, National Association, which mortgagee has acknowledged receipt of a copy of this Petition, waives notice of the filing of this Petition with the City and of any hearing on the Petition, and has consented to the approval of the partial vacation requested in the Petition, such document being attached hereto as Exhibit B. 8. The Petitioner has prepared and on July 7, 2010 recorded in Plat Book 55, Page 39, of the Records of Johnson County, Iowa, a survey plat of Auditor's Parcel 2010038, Johnson Hook 4673, Page 606, File Number (Page 7 of 13) County, Iowa, which will serve as the legal description for the portion of the plat of JJR Davis Addition that is partially vacated and will permit the vacated part of the plat to be adequately described (until re- subdivided) for assessment and taxation purposes without reference to the vacated lots and right -of -way. 9. Although City View Drive is shown on the plat of JJR Davis Addition and was dedicated in connection with those subdivision plat procedures, improvements to the street have not been accepted by the City of Iowa City and the street is not needed as a public right -of- way based on the revised development plans for this area as reflected by the pending plat for D & D Billion Addition. No party other than the Petitioner and the Petitioner's successors and assigns would have any beneficial interest in using City View Drive as a public right -of -way. 10. There is attached hereto a Certificate of the Auditor verifying that the proposed vacated portion of the plat can be adequately described for assessment and taxation purposes as "Auditor's Parcel 2010038 ". 11. There is attached hereto an instrument of Declaration of Partially Vacated Plat made by the sole proprietor and mortgagee. WHEREFORE, it is requested that the City Council, by appropriate Resolution and Vacation Instrument, approve the partial vacation of JJR Davis Addition, including the area comprised of Lots 2 -8, inclusive, and City View Drive, and that such Resolution and Vacation Instrument additionally provide for the release and disclaimer of all city easement rights and the conveyance to Petitioner of the area within the vacated real estate, City View Drive, that was previously set aside and dedicated for public use. It is further requested that the City Council fix a time and place for public hearing on this Petition and publish such notice twice, with 14 days between publications, stating the date, time and place of the hearing, all in compliance with the requirements of §354.22 and/or §354.23 of the Code. M a State of County of !lt ss: This instrument was acknowledged before me on �Y z9 12010 by David H. Billion as Manager of Dealer Properties IC, LLC. Notary Public' 3 F S4 M ORIGARDNER 0 A 0 A 2 ^/ �4��haWa IV Book 4673, Page 606, File Number (Page B of 13) RECEIPT, WAIVER AND CONSENT TO PETITION FOR PARTIAL VACATION OF THE OFFICIAL PLAT OF JJR DAVIS ADDITION The undersigned, either as (i) an owner of real estate within the official plat within 300 feet of the area to be vacated, or (ii) a mortgagee of the teal estate included in the proposed partial vacation, does hereby acknowledge receipt of a copy of Dealer Properties IC, LLC's, Petition for Partial Vacation of the Official Plat of J,IR Davis Addition, Iowa City, Iowa ( "Petition'). The undersigned does further hereby waive notice of the filing of the Petition with the City of Iowa City and of any public hearing on the Petition, and does hereby affirmatively approve and consent to the partial vacation requested in Dealer Properties IC, LLC's Petition including the City Council's partially vacating JJR Davis Addition, the release of any and all easements of the City of Iowa City within the area to be partially vacated and the re- conveyance of the entire right -of -way of City View Drive as shown on the Platt of JJR Addition to Dealer Properties IC, LLC as the adjoining property owner. Date: I " I I - VC (�,- 7 q(� o ert A. Davis�� Owner of Outlor A of JJR Davis Addition State of Iowa, County of Johnson, ss: Patti Davis, Spouse This instrument was acknowledged before me on �' -.f•: %` 2010, by Robert A. Davis and Patti Davis, husband and wife. TZ I Nofary Public E XHHIIBIT IN ,1v Hook 4673, Page 606, File Number (Page 9 of 13) RECEIPT, WAIVER AND CONSENT TO PETITION FOR PARTIAL VACATION OF THE OFFICIAL PLAT OF JJR DAVIS ADDITION The undersigned, either as (i) an ovnter of real estate within the official plat within 300 feet of the area to be vacated, or (ii) a mortgagee of the real estate included in the proposed partial vacation, does hereby acknowledge receipt of a copy of Dealer Properties IC, LLC's, Petition for Partial Vacation of the Official Plat of JJR Davis Addition, Iowa City, Iowa ( "Petition'). The undersigned does further hereby waive notice of the filing of the Petition with the City of Iowa City and of any public hearing on the Petition, and does hereby affirmatively approve and consent to the partial vacation requested in Dealer Properties IC, LLC's Petition including the City Council's partially vacating JJR Davis Addition, the release of any and all easements of the City of Iowa City within the area to be partially vacated and the re- conveyance of the entire right -of -way of City View Drive as shown on the Platt of JJR Addition to Dealer Properties IC, LLC as the adjoining property owner. R. Davis ' Barbara Davis, Spouse of Outlot A of JJR Davis Addition State of Iowa, County of Johnson, ss: This instrument was acknowledged before n Davis and Barbara Davis, husband and wife, IES comr. or 102914 ' Myi:� nEr fBS, 11 EXHIBIT -K� ,vv Book 4673, Page 606, File Number (Page 10 of 13) RECEIPT, WAIVER AND CONSENT TO PETITION FOR PARTIAL VACATION OF THE OFFICIAL PLAT OF JJR DAVIS ADDITION The undersigned, either as (i) an owner of real estate within the official plat within 300 feet of the area to be vacated, or (ii) a mortgagee of the real estate included in the proposed partial vacation, does hereby acknowledge receipt of a copy of Dealer Properties IC, LLC's, Petition for Partial Vacation of the Official Plat of JJR Davis Addition, lowa City, Iowa ( "Petition'). The undersigned does further hereby waive notice of the filing of the Petition with the City of Iowa City and of any public hearing on the Petition, and does hereby affirmatively approve and consent to the partial vacation requested in Dealer Properties IC, LLC's Petition including the City Council's partially vacating JJR Davis Addition, the release of any and all easements of the City of Iowa City within the area to be partially vacated and the re- conveyance of the entire right -of -way of City View Drive as shown on the Platt of JJR Addition to Dealer Properties IC, LLC as the adjoining property owner. Date: �jiaji� Jan Ellen Smith Eric Smith, Spouse Owner of Outlot A of JJR Davis Addition State of Colorado, County of Sao \a« , ss: This instrument was acknowledged before me on Auq K, F 1 o 2010, by Jan Ellen Smith and Eric Smith, wife and husband. ,�, X�= Notary Pd c EXHIBIT A ti/ Book 4673, Page 606, File Number (Page 11 of 13) RECEIPT, WAIVER AND CONSENT TO PETITION FOR PARTIAL VACATION OF THE OFFICIAL PLAT OF JJR DAVIS ADDITION The undersigned, either as (i) an owner of real estate within the official plat within 300 feet of the area to be vacated, or (ii) a mortgagee of the real estate included in the proposed partial vacation, does hereby acknowledge receipt of a copy of Dealer Properties IC, LLC's, Petition for Partial Vacation of the Official Plat of JJR Davis Addition, Iowa City, Iowa ( "Petition'). The undersigned does further hereby waive notice of the filing of the Petition with the City of Iowa City and of any public hearing on the Petition, and does hereby affirmatively approve and consent to the partial vacation requested in Dealer Properties IC, LLC's Petition including the City Council's partially vacating JJR Davis Addition, the release of any and all easements of the City of Iowa City within the area to be partially vacated and the re- conveyance of the entire right -of -way of City View Drive as shown on the Platt of JJR Addition to Dealer Properties IC, LLC as the adjoining property owner. Cedar Rapids Bank and Trust Company, Mortgagee M BECKER Title By, RYAN iBW3a , Title 6 Date:�n �t - State of Iowa, County of Linn, ss: qq This instrument was acknow dged b�re e on it tiiS �• A� O by and /l ili /� as and of Ced4 Rapids Bank and Trust Company. Notar Pu is EXHIBIT Book 4673, Page 606, File Number (Page 12 of 13) RECEIPT, WAIVER AND CONSENT TO PETITION FOR PARTIAL VACATION OF THE OFFICIAL PLAT OF JJR DAVIS ADDITION The undersigned, either as (i) an owner of real estate within the official plat within 300 feet of the area to be vacated, or (ii) a mortgagee of the real estate included in the proposed partial vacation, does hereby acknowledge receipt of a copy of Dealer Properties IC, LLC's, Petition for Partial Vacation of the Official Plat of JJR Davis Addition, Iowa City, Iowa ( "Petition'). The undersigned does further hereby waive notice of the filing of the Petition with the City of Iowa City and of any public hearing on the Petition, and does hereby affirmatively approve and consent to the partial vacation requested in Dealer Properties IC, LLC's Petition including the City Council's partially vacating JJR Davis Addition, the release of any and all easements of the City of Iowa City within the area to be partially vacated and the re- conveyance of the entire right -of -way of City View Drive as shown on the Platt of JJR Addition to Dealer Properties IC, LLC as the adjoining property owner. Wells Fargo Bank, National Association, Mortgagee IIt�l'ee title Date: t(� 3( C J Date: g 23 io State of Mme6ota , County of 6j�SS� This instrument was acknowledged before me on &"u6-t a3, Z,010 by0Qni e l 5 W i I! iQMS) �etat'on and &une.A Swansa� as Relavorich; n mn.ru68ee- and nthf Wells Fargo Bank, National Association. A t1 D \ J!]SLOx. No ary Public 6JUDITHfOlEY NOTARY PUBLIC • MINNSSOTA MY COMMISSION EXPIRES OU31I15 �xhlbl -� �3 tiv Hook 4673, Page 606, File Number (Page 13 of 13) Prepared by return to: Thomas H Gelman P.O. Box 2150 Iowa City IA 52244-2150 (319)354 1104 CERTIFICATE OF AUDITOR PERTAINING TO PARTIAL VACATION OF JJR DAVIS ADDITION COMES NOW Thomas Slockett, Auditor of Johnson County, Iowa, and hereby certifies that upon the partial vacation of Lots 2 -8, inclusive, and City View Drive, as now contained within the plat of JJR Davis Addition, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 47, page 165 of the records of Johnson County, Iowa, the portion of the plat so vacated is adequately described for assessment and taxation purposes as "Auditor's Parcel 2010038, Johnson County, Iowa, according to the plat thereof recorded in Plat Book 55, Page 39, of the records of Johnson County, Iowa ". �� (✓nom Thomas Slockett,Audion Coun ty, ,Iowa 4y Book 4673, Page 606, File Number SEAL, hR� �� (✓nom Thomas Slockett,Audion Coun ty, ,Iowa 4y Book 4673, Page 606, File Number I e e. Doc ID: 022007820005 Type: GEN Kind: DECISION Recorded: 11/02/2010 at 11:23:30 AM Fee Amt: $29.00 Peas 1 of 5 Johnson Countv Iowa Kim Painter County Recorder SK4675 PG352 -356 Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356 -5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, SEPTEMBER 8, 2010 EMMA J. HARVAT HALL MEMBERS PRESENT: Caroline Sheerin, William Jennings, Barbara Eckstein, prod Robert Anderson MEMBERS ABSENT: Le Ann Tyson `? STAFF PRESENT: Sarah Greenwood Hektoen, Karen Howard OTHERS PRESENT: Kristin Breaux, Marty Roth, Jean Walker ; SPECIAL EXCEPTION ITEMS: EXC10- 00007: A public hearing regarding an application submitted by Marty Roth on behalf of First Mennonite Church for a special exception to allow expansion of a church facility located in the Medium Density, Single- Family (RS -8) zone at 405 Myrtle Avenue. The Board concludes that the application satisfies the street access standards in the zoning code based on the following findings: • Though less than 28 feet in width, Greenwood and Myrtle Avenues are both collector streets. On- street parking is prohibited on both streets. • The proposed church addition does not expand the assembly /sanctuary area of the church and is not anticipated to generate additional traffic to the facility. The Board finds that site plan for the addition shows that the established church and addition meet all the necessary setback requirements. The Board concludes that the proposed addition is designed to be compatible with adjacent uses and will not have significant adverse affects on the livability of nearby residential uses based on the following findings: • The proposed addition is a one - story, 1,600- square -foot addition to the lower level of the church. Due to the topography of the site, the addition is not highly visible from the street or adjacent properties. • The addition is designed to complement the established church building and will be finished with materials that match the church's present exterior materials. • Because the proposed addition will not expand the occupant load of the facility, no additional parking is required and no changes to the parking area are proposed. • All parking, with the exception of a 6 -stall parking area on Myrtle Street, is located away from the street, to the southeast side of the building. • All required screening for the parking area is in place. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare if the drop -off near the '1, intersection of Greenwood and Myrtle is either eliminated or connected to the parking area on Myrtle, based on the above facts and the following findings: • Designating a fire lane along the remaining drive entrance to the rear parking area will ensure that there is safe access for the provision of emergency services. ® The drop -off near the intersection of Greenwood and Myrtle, as proposed in the site plan, is unsafe because it does not provide a turn around and thus encourages vehicles to back into the street. However, eliminating this entrance altogether or connecting it with the parking area on Myrtle to create a one -way, U- shaped drive would minimize vehicle conflicts in this area and create safe ingress and egress for vehicles accessing the church property. For these same reasons, 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 all the facts provided above, the Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood; and 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 concludes that adequate utilities, access roads, drainage and /or necessary facilities have been or are being provided based on the following finding: . The neighborhood in which the church is located is already fully developed. All utilities, access roads, drainage and other necessary facilities are provided for this neighborhood. The Board concludes that, except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located based on the following findings:. • The church has brought all parking areas into compliance with the requirements of the zoning code, including location, screening, and marking of pedestrian areas and routes. • In order to secure a building permit the site plan and building designs must be reviewed by the building department. This review will ensure compliance with all other standards in the code not specifically reviewed in this report. The Board concludes that the proposed exception is consistent with the Comprehensive Plan, which encourages the location of institutional uses, such as churches, within residential neighborhoods so long as they meet the requirements of the zoning code and are desiigned to be compatible with the surrounding neighborhood. 5 The Board concludes that subject to the closing or redesign of the drop -off areaat:jhe intersection of Greenwood and Myrtle Avenues as mentioned above, the proposed; exception; satisfies all the specific and general criteria for the exception. E- c7 I-P Disposition: By a vote of 4 -0 (Tyson absent) the Board approved EXC10- 00007, a special exception for a 1,600 square foot church addition to the religious facility located in the Medium Density, Single - Family (RS -8) zone at 405 Myrtle Avenue, subject to the following conditions: 1. Substantial compliance with the site plan submitted with this application; 2. The remaining drive providing access to the rear parking area must be signed as a fire lane; 3. Northwest entrance (Greenwood) be either closed or connected to the handicapped parking lot off Myrtle Avenue according to the recommendation of transportation planning staff. EXC10 -00008 — A public hearing regarding an application submitted by Steven Breaux for a special exception to allow a reduction in the principal building setback (front) to allow the roof on an existing porch to be modified for property located in the Medium Density, Single - Family (RS -8) zone at 1122 East Washington Street. The Board concludes that the situation is peculiar to the property in question based on the following findings: • The subject porch is already established with the required 15 -foot front setback. While other properties along the same frontage are also set back less than 15 -feet from the right -of -way line, the required setback for this particular property does not benefit from setback averaging because the immediately adjacent properties meet or exceed the required 15 -foot standard. • While changing the roof angle on the porch will not extend the porch any further toward the street, such a change is considered an enlargement of the non - conformity and thus would not be allowed without a setback reduction. The Board concludes that there is practical difficulty in complying with the setback requirements based on the following findings: • The subject porch is already established with the required 15 -foot front setback, and the applicant is not proposing to extend the structure further into the setback. • The existing porch roof is leaking. The condition of the structure could be improved by changing the pitch of the roof. • Raising the roof angle is considered an enlargement of the non - conforming structure. The Board concludes that granting the exception will not be contrary to the purpose of the setback regulations based on the facts listed above and on following findings: • The proposed setback reduction is for the purpose of modifying the porch roof only; the structure itself will not expand further toward the street or toward neighboring goperties, • By limiting the height of the new roof, the special exception will not resulk:ip de,cSeased- light, air, or views for the adjacent properties. - P The Board concludes that any potential negative effects resulting from the setback exception are mitigated to the extent practical based on the facts provided above and the following findings: • A proposed roof slope of 3/12 will ensure adequate drainage. • The height of the eaves on the new porch roof will match the original portion of the house and the porch roof will appear aesthetically appropriate. • The roof alteration will be designed such that it will not increase the rate of drainage to adjacent properties. • The applicant is addressing drainage through the use of tiling and gutters to carry water to the ravine at the rear of the property. The Board concludes that the subject building will be located no closer than 3 feet to a side or rear property line, based on the following finding: • The porch is set back more than 3 feet from the side and rear property lines. Based on the findings provided 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 specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. The Board concludes that adequate utilities, access roads, drainage and /or necessary facilities have been or are being provided based on the following finding: • The neighborhood in which the subject property is located is fully developed —all utilities, access roads, drainage, and other facilities are already in place to serve this neighborhood. 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: • The proposed setback reduction will have no impact on ingress or egress from the single - family site. The Board concludes that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located based on the following finding: • The applicant must submit a final drawing to the Department of Housing and Inspection Services in order for to obtain a building permit. The plan will be reviewed to ensure that the rate of drainage to adjacent properties is not increased and that alf _other as 'pects of, the proposed construction conform to the regulations or standards of fhe"- zone.l The Board concludes that the Comprehensive Plan does not address this issue. c /P Disposition: By a vote of 4 -0 (Tyson absent) the Board granted the special exception EXC10- 0000$ for a reduction in the principal building setback requirement (front) from 15 feet to 8 feet, subject to the following conditions: 1. The setback reduction be for the purpose of altering the roof of the existing porch only — no other portion of the existing porch should be enlarged; 2. The proposed gable will have a 3:12 slope to ensure proper drainage and the eaves of the porch must match the height of the eaves of the house; and 3. The new roof shall be designed so that it does not increase drainage to the neighboring property, which must be demonstrated on the final plans submitted to the prior to the 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. ti Caroline Sheerin, hairperson App oved by: / 7<tiL Q aL / ` 7/Irl� 77C�L et.% City Attorney's Office �a STATE OF IOWA ) ID JOHNSON COUNTY ) , I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustmen Decision herein is a true and correct copy of the Decision that was passed by tfe`Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 8th day of September, 2010' , as the same appears of record in my Office. c. Dated at Iowa City, this JJ day of &%? � , 20 /d Maria .Karr, City Clerk P Doc ID: 022009250004 Type: GEN Kind: ANNEXATION Recorded: 11/03/2010 at 11:22:07 AM Fee Amt: $24.00 Pace 1 of 4 6c Johnson Countv Iowa V Kim Painter Countv Recorder e I Tel We • WA Prepared by: Tabatha Ries - Miller, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5251 RESOLUTION NO. 10 -458 A RESOLUTION FOR A VOLUNTARY ANNEXATION OF APPROXIMATELY 207 ACRES OF PROPERTY LOCATED EAST OF IOWA RIVER, SOUTH OF MCCOLLISTER BOULEVARD, AND WEST OF SAND ROAD. WHEREAS, the City of Iowa City is the owner and legal titleholder of approximately 207 acres of land located east of Iowa River, south of McCollister Boulevard, and west of Sand Road; and WHEREAS, City of Iowa City has requested annexation of the approximate 207 acre tract into the City of Iowa City, Iowa; and WHEREAS, pursuant to Iowa Code 368.5 and 368.7 (2009), notice of the application for annexation was sent to the following Johnson County entities: Board of Supervisors; Attorney; Auditor; Engineer; Planning and Zoning Commission; each affected public utility, East Lucas Township, the Johnson County Council of Governments, and the East Central Iowa Council of Governments; and WHEREAS, none of these entities have objected to the proposed annexation; and WHEREAS, the South District Plan, an element of the Iowa City Comprehensive Plan, identifies this property as an appropriate location for public open space; and WHEREAS, the City intends to develop the property as Terry Trueblood Recreation Area; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed annexation and determined that it complies with the Comprehensive Plan. 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 TRUST PROPERTY TO BE ANNEXED: COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N90 °00'00 "W, ALONG THE NORTH LINE OF THE NORTHEAST ONE - QUARTER OF THE NORTHEAST ONE- QUARTER AND ALONG THE NORTH LINE OF GOVERNMENT LOT 1 OF SAID SECTION 27, A DISTANCE OF 1474.73 FEET TO THE CENTERLINE OF SAND ROAD NE AND THE POINT OF BEGINNING; THENCE 324 °04'57 "E,' ALONG SAID CENTERLINE, 124.61 FEET; THENCE S38 °07'08 "E, ALONG SAID CENTERLINE, 20.62 FEET; THENCE S24 °04'57 "E, ALONG SAID CENTERLINE, 1892.14 FEET; THENCE SOUTHEASTERLY, 1046.04 FEET ALONG SAID CENTERLINE AND AN ARC OF A 7200.41 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 1045.14 FOOT CHORD BEARS S19 055'14 "E TO A POINT ON THE NORTHEASTERLY EXTENSION OF THE SOUTHERLY LINE OF A TRACT OF LAND SHOWN ON A PLAT OF SURVEY (RETRACEMENT) TO JOHNSON COUNTY, IOWA AS RECORDED IN PLAT BOOK 52 AT PAGE 301 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S75 °16'20 "W, ALONG SAID NORTHEASTERLY EXTENDED LINE AND ALONG SAID SOUTHERLY LINE, 960.95 FEET; THENCE N84 °47'43 "W, ALONG SAID SOUTHERLY LINE, 483.66 FEET; THENCE S84 °01'24 "W, ALONG SAID SOUTHERLY LINE, 9'k Resolution No. 10 -45R Page 2 235.12 FEET; THENCE S78 °40'52 "W ALONG SAID OUTHERLY LINE, 542.38 FEET; THENCE N82 °22'41 "W, ALONG SAID SOUTHERLY LINE, 556.75 FEET; THENCE N86 017'58 "W, ALONG SAID SOUTHERLY LINE, 263.07 FEET TO THE SOUTHWEST CORNER OF SAID TRACT OF LAND; THENCE NO3 029'02 "W, ALONG THE WESTERLY LINE OF SAID TRACT OF LAND, 767.52 FEET TO THE SOUTHEAST CORNER OF AUDITOR'S PARCEL 2008003 AS RECORDED IN PLAT BOOK 53 AT PAGE 49 IN SAID RECORDER'S RECORDS; THENCE S89 °56'52 "W, ALONG THE SOUTHERLY LINE OF SAID AUDITOR'S PARCEL 2008003, A DISTANCE OF 474.3 FEET MORE OR LESS TO THE EASTERLY (LEFT) TOP OF BANK (MEAN HIGH WATER MARK) OF THE IOWA RIVER; THENCE NORTHWESTERLY, ALONG SAID TOP OF BANK, FOLLOWING AS CLOSELY AS PRACTICABLE THE SINUOSITIES OF THE BANK, 1156 .FEET, MORE OR LESS TO THE NORTHWEST CORNER OF SAID AUDITOR'S PARCEL 2008003; THENCE NORTHEASTERLY, ALONG SAID TOP OF BANK, FOLLOWING AS LOSELY AS PRACTICABLE THE SINUOSITIES OF THE BANK, 1732 FEET, MORE OR LESS TO ITS INTERSECTION WITH THE NORTH LINE OF GOVERNMENT LOT 1 IN SAID SECTION 27; THENCE S90 °00'00 "E, ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 1, A DISTANCE OF 1693 FEET MORE OR LESS TO THE POINT OF BEGINNING, CONTAINING 207 ACRES MORE OR LESS AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The City Clerk is hereby authorized and directed to certify, file, and record all necessary documents as required by Iowa law under Section 368.7 (2009) at Owner's expense. 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 9tirh day of October 2010. —r TERM J� J Approved by ATTEST: i4 .f��.� iC - A/ , � O, CITY C�EERK City Attorney's Office D /\ a* Resolution No. Page 3 10 -458 It was moved by Wrigbt and seconded by Mims 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 wpdata/glossary/r solubon- ic.doc Al ANNEXATION EXHIBIT CITY OF IOWA CITY JOHNSON COUNTY, IOWA LEGAL DESCRIPTION ANNEXATION EXHIBIT COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5" PRINCPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N90 °00'(NT W, ALONG THE NORTH LINE OF THE NORTHEAST ONE- QUARTER OF THE NORTHEAST ONE - QUARTER AND ALONG THE NORTH LINE OF GOVERNMENT LOT I OF SAID SECTION 27, A DISTANCE OF 1474.73 FEET TO THE CENTERLINE OF SAND ROAD HE AND THE POINT OF BEGINNING; THENCE S2VO4'57 "E, ALONG SAID CENTERLINE, 124.61 FEE -f; THENCE S38P07'08 "E, ALONG SAID CENTERLINE, 20.62 FEET; THENCE S24 °04'57 "E, ALONG SAID CENTERLINE, 1992.14 FEET; THENCE SOUTHEASTERLY, 1046.04 FEET ALONG SAID CENTERLINC AND AN ARC OF A 7200.41 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 1045.14 FOOT CHORD BEARS S)9 °55'14 "E TO A POINT ON THE NORTHEASTERLY EXTENSION OF THE SOUTHERLY LINE OF A TRACT OF LAND SHOWN ON A PLAT OF SURVEY (RETRACEMENT) TO JOHNSON COUNTY, IOWA AS RECORDED IN PLAT BOOK 52 AT PAGE 301 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S75 °16'20 "W, ALONG SAID NORTHEASTERLY EXTENDED LINE AND ALONG SAID SOUTHERLY LINE, 960.95 FEET; THENCE 1184 °47'43 "W, ALONG SAID SOUTHERLY LINE, 483.66 FEET; THENCE S84 °01'24 "W, ALONG SAID SOUTHERLY LINE, 235.12 FEET; THENCE S7S °40'52 "W ALONG SAID SOUTHERLY LINE, 542.38 FEET; THENCE N82 °22'41 "W, ALONG SAID SOUTHERLY LINE, 556.75 FEET; THENCE 1,186 °17'58 "W, ALONG SAID SOUTHERLY LINE, 263.07 FEET TO THE SOUTHWEST CORNER OF SAID TRACT OF LAND; THENCE NO3 °29'02 "W, ALONG THE WESTERLY LINE OF SAID TRACT OF LAND, 707.52 FEET TO THE SOUTHEAST CORNER OF AUDITOR'S PARCEL 2009003 AS RECORDED IN PLAT BOOK 53 AT PAGE 49 IN SAID RECORDER'S RECORDS; THENCE S89 °56'52 "W, ALONG THE SOUTHERLY LINE OF SAID AUDITOR'S PARCEL 21108003, A DISTANCE OF 474.3 FEET MORE OR LESS TO THE EASTERLY (LEFT) TOP OF BANK (MEAN HIGH WATER MARK) OF THE IOWA RIVER; THENCE NORTHWESTERLY, ALONG SAID TOP OF BANK, FOLLOWING AS CLOSELY AS PRACTICABLE THE SINUOSITIES OF THE BANK, 1156 FEET, MORE OR LESS TO ,THE NORTH W EST CORNER OF SAID AUDITOR'S PARCEL 2008003; THENCE NORTHEASTERLY, ALONG SAID TOP OF BANK, FOLLOWING AS CLOSELY AS ,PRACTICABLE THE SINUOSITIES OF THE BANK, 1732 FEET, MORE OR LESS TO ITS INTERSECTION WITH THE NORTH LINE OF GOVERNMENT LOT 1 IN SAID SECTION 27; THENCE S90 °00'00 "E, ALONG THE NORTH LINI31OF SAID GOVERNMENT LOT I, A DISTANCE OF 1693 FEET MORE OR LESS TO THE POINT OF BEGINNING, CONTAINING 207 ACRES MORE OR LESS AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AUG 03 MO ,2; o K-7- ClUcmlk Iowa city, Iola SHEET 1 OF 2 Oeslg,ed b9i MAS Scale, 1° =200' ANNEXATION EXHIBIT -CITY OF IOWA CITY MMS CONSULTANTS, INC. mate IRevlslon , IOWA CITY, IOWA 52240 (319) $51 -8282 rxa.•n bJ, vote, A PORTION OF GOVT LOTS 1,2, & 3 MAS JULY 20, 2010 114 SE AND OF 114 CEDAR RAPIDS, IOWA 52404 (319) 841 -5188 b¢ P'oJeat M' Checked APORTTIIO OFF THE E ALL IN SEC. 27114 GDM IC 0339 -238 T7o% -R6W OF THE 5TH Pld., JOHNSON COUNTY, 10%NA WA.mmsconsullanls.net ,A Jf C Ch 5 s Doc ID: 022011290004 Type. OEN Kind: ORDINANCE Recorded: 11/04/2010 at 02:09:04 PM Fee Amt: $29.00 Paoe 1 of 4 Johnson Countv Iowa Kim Painter Countv Recorder BK4677 P497 -200 STATE OF IOWA ) ) SS J014NSON COUNTY ) ♦ r 1 FPS City 0f r 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.10 -4408 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 26th day of October, 2010, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 3rd day of November, 2010. Marian 'K. Karr City Clerk \ord 410 EAST WASHINGTON STREET o IOWA CITY, IOWA 52240 -1826 o (319) 356 -5000 • FAX (319) 356 -5009 Ifi Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 (REZ10- 00007) ORDINANCE NO. 10-4408 AN ORDINANCE REZONING APPROXIMATELY 175 ACRES OF LAND LOCATED ON 420TH STREET WEST OF TAFT AVENUE FROM GENERAL INDUSTRIAL (11) AND INTERIM DEVELOPMENT - INDUSTRIAL (ID-1) TO PLANNED DEVELOPMENT OVERLAY - GENERAL INDUSTRIAL (OPD -11). (REZ10- 00007) WHEREAS, the City of Iowa City owns and is requesting a rezoning of approximately 175 acres of property from General Industrial and Interim Development - General Industrial to Planned Development Overlay (OPD -11); and WHEREAS, said property is located on 420th Street west of Taft Avenue; and WHEREAS, the Southeast District Plan identifies the area as appropriate for industrial development; and WHEREAS, low quality, farmed wetlands have been identified on the property, which have been deemed by jurisdictional by the U.S. Army Corps of Engineers and are subject to federal wetland regulations and the standards set forth in the Iowa City Sensitive Areas Ordinance, Article 14 -51 of the City Code; and WHEREAS, future development of the property for uses allowed in the 1 -1 Zone may cause disturbance to said wetlands; and WHEREAS, new wetlands will be established according to the submitted Sensitive Areas Development Plan and the wetland mitigation plan approved by the City and the U.S. Army Corp of Engineers to compensate for any loss of wetlands due to future development of the property; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and the associated Sensitive Areas Development Plan and has heard public input, and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. APPROVAL. The property described below is hereby reclassified from General Industrial (1 -1) and Interim Development - Industrial (ID -1) to Planned Development Overlay - General Industrial (OPD- 11) as illustrated on the associated Sensitive Areas Development Plan, is hereby approved: All that part of the Southeast Quarter of Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, lying North of the right -of -way line of the Iowa Interstate Railway Co., running diagonally Southeast to Northwest through said Quarter Section, Johnson County, Iowa, more particularly described as follows: Commencing at the East Quarter Corner of said Section 19; thence N89 032'07 "E, 33.01 feet to the point of beginning; thence S01 107'26 "E, 1970.79 feet; thence N63 110'39 "W, 2854.60 feet; thence N01 °02'01 "W, 702.90 feet; thence S89 032'07 "E, 2521.58 feet to the point of beginning. The above described Tract contains 78.9 Acres (3,436,112 Sq. Ft.) And I'd- a Ordinance No. 10_4408 Page 2 A Tract of Land located in the Southwest Quarter of Section 19, Township 79, Range 5 West of the Fifth Principal Meridian more particularly described as follows: Beginning at the South Quarter Corner of said Section 19; thence S88 107'32 "E, 80.1 feet; thence N01 102'01 "W, 1765.33 feet; thence S63 110'39 "E, 1832.77 feet; thence S01 °37'14 "W,. 988.94 feet; thence N88 107'32 "W, 157.26 feet; thence S01 °20'26 "E, 1316.99 feet; thence N88 013'03 "W, 1497.86 feet; thence N01 024'11 "W, 1286.43 feet to the point of beginning. The above described Tract contains 96.0 Acres (4,183,155 Sq. Ft.) For the purpose of this description all bearings and distances are referenced to NAD83 (96 Harn) IA SPCS South Zone, US Survey Foot (Johnson County Control). 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 IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance and the associated Sensitive Areas Development Plan, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and the Sensitive Areas Development Plan and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 unconsti- tutional. 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 26th day of October , 2010. MAYOR ATTEST; CI CLERK Approved by;, . City Attorney's Office ppdadrr/ord /REZ05- 00020.doc ( Ordinance No. 10 -4408 Page 3 It was moved by Rai i ay and seconded by Wright 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 10/11/2010 Vote for passage: AYES: Mims, Wilburn, Wright, Bailey, Champion, Dickens, Hayek. NAYS: None. ABSENT: None. Second Consideration --------------- - -- Vote for passage: Date published 11/3/2010 )ved by Bailey, seconded by Champion, that the rule requiring ordinances to be considered and voted 1 for passage at two Council meetings prior to the meeting at which it is to be finally passed be ispended, the second consideration and vote be waived and the ordinance be voted upon for final usage at this time. AYES: Mims, Wright, Bailey, Champion, Dickens, Hayek. NAYS: None. ABSENT: lburn. P 01 W a v h� l� I d vJ �C e IIIIIIIIIIIIIIIIIIIIIIIIII) IIIIIIIIII( IIIIVIIIIIIIIVIIIVIIIIIIIIVIIIIIII (III Doc ID: 022024730019 Type: GEN Kind: PLANNED URBAN DEV Recorded: 11/18/2010 at 02:59:29 PM Fee Amt: $109.00 Page 1 of 19 Johnson County Iowa Kim Painter County Recorder STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No. 10-4409 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 26th day of October, 2010, 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 November, 2010. Marian K. Karr City Clerk \ord CORPORATE SEAL 410 EAST WASHINGTON STREET o IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 • FAX (319) 356 -5009 Prepared by: Karen Howard, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 (REZ10- 00004) ORDINANCE NO. 10 -4409 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 60.32 ACRES OF LAND FROM INTERIM DEVELOPMENT - RESEARCH PARK (ID -RP) TO OVERLAY PLANNED DEVELOPMENT - OFFICE RESEARCH PARK (OPD -ORP); AND APPROXIMATELY 56.48 ACRES OF LAND FROM INTERIM DEVELOPMENT - RESEARCH PARK (ID -RP) TO OVERLAY PLANNED DEVELOPMENT - RESEARCH DEVELOPMENT PARK (OPD -RDP); AND APPROXIMATELY 24.49 ACRES OF LAND FROM INTERIM DEVELOPMENT - RESEARCH PARK (ID -RP) TO OVERLAY PLANNED DEVELOPMENT -MIXED USE (OPD -MU) FOR PROPERTY LOCATED NORTHWEST OF THE INTERCHANGE OF STATE HIGHWAY 1 WITH INTERSTATE 80. (REZ10- 00004) WHEREAS, the applicant, Moss Green Development Corporation, filed with the City Clerk of Iowa City, Iowa, an application for a planned development rezoning for an office research park and mixed -use commercial development for a total of approximately 141.29 acres of land located northwest of the interchange of State Highway 1 and Interstate 80; and WHEREAS, the City's Comprehensive Plan indicates that this area is particularly suited for office and research development park uses due to its proximity to Interstate 80 and other successful office research park firms; WHEREAS, the Planning and Zoning Commission has concluded that a smaller, mixed -use area of office, retail, related services and higher density residential uses developed in a manner that would complement and support the large office research park would be consistent with the Comprehensive Plan; and WHEREAS, the applicant has submitted a conceptual master plan for the planned development indicating private street rights -of -way; building locations, conceptual building designs, parking lot and parking structure locations, mid -block pedestrian connections; green infrastructure systems, preservation of woodlands and the Rapid Creek stream corridor, location of trails, stormwater ponds, landscaping features, and other amenities; and WHEREAS, the Planning and Zoning Commission has recommended that the conceptual master plan for the development that was submitted by the applicant should be recorded as a part of the planned development plan and final site plans should be reviewed by the Commission for compliance with said master plan; and WHEREAS, certain variations from the underlying zoning and street requirements are necessary to allow clustering of buildings away from the sensitive areas, to facilitate green building techniques, and to create a more cohesive, urban streetscape; and WHEREAS, to ensure that storefronts along Moss Place are reserved primarily for commercial uses, the Planning and Zoning Commission recommends certain restrictions on the types and location of residential uses within the Mixed Use area; WHEREAS, the Department of Planning and Community Development and the Public Works Department have examined the Sensitive Areas Development Plan, Preliminary Planned Development Plan, and conceptual master plan and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the Preliminary Planned Development Plan, Sensitive Areas Development Plan, and conceptual master plan and after due deliberation and consideration of the application materials and the staff recommendations, has recommended approval; 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 Ordinance No. 10-4409 Page 2 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: 1. The approximately 60.32 acre property legally described in Exhibit A, Parcel 1, attached and incorporated herein, is hereby reclassified from Interim Development Research Park (ID -RP) to Overlay Planned Development - Office Research Park (OPD -ORP), with the following modifications to the lot dimensional requirements set forth in Iowa City Code of Ordinances 14- 2D-4: A. The minimum front setback shall be 20 feet, the maximum front setback shall be 60 feet, the minimum side setback shall be 20 feet; on applicable lots, the rear setback shall be the construction limit line as shown on the sensitive areas development plan; and the minimum setback from the Interstate -80 right -of -way shall be 50 feet; and 2. The approximately 56.48 acre property legally described in Exhibit A, Parcel 2, attached and incorporated herein, is hereby reclassified from Interim Development- Research Park (ID -RP) to Overlay Planned Development - Research Development Park (OPD -RDP) with the following modifications to the lot dimensional requirements set forth in Iowa City Code of Ordinances 14 -2D -4 and the City's street standards: A. The minimum building height shall be 20 feet; the maximum building height shall be 75 feet; the minimum front setback shall be 10 feet; and the maximum front setback shall be 20 feet; and on applicable lots, the rear setback shall be the construction limit line as shown on the sensitive areas development plan; and B. On- street diagonal parking shall be allowed along the frontage of lots 2 -4 and lots 10 and 11 as illustrated on the preliminary planned development plan and shall count toward satisfying the minimum parking requirement for development on said lots. 3. The approximately 24.49 acre property legally described in Exhibit A, Parcel 3, attached and incorporated herein, is hereby reclassified from Interim Development- Research Park (ID -RP) to Overlay Planned Development -Mixed Use (OPD -MU) with the following modifications to the lot dimensional requirements, floor area limitations and land uses allowed as set forth in Iowa City Code of Ordinances 14 -2C and 14 -413 and the City's street standards: A. The minimum building height shall be 20 feet; the maximum building height shall be 60 feet; the minimum front setback shall be 10 feet; the maximum front setback shall be 20 feet; the minimum side setback shall be zero feet, and the rear setback shall be the construction limit line as shown on the sensitive areas development plan; and B. For Personal Service- Oriented Retail Uses and Eating Establishments, there shall be no floor area size limitation. For Sales- Oriented Retail uses, the maximum floor area shall be 10,000 square feet; and C. The building articulation standard as set forth in subsection 14 -2C -8M of the zoning code shall apply instead of the building scale standard in the Mixed Use Zone, 14- 2C -9G; and D. Detached Single Family Dwellings, Two Family Dwellings, and two -unit Attached Single Family Dwellings are prohibited; and Tu Ordinance No. 10 -4409 Page 3 E. All land uses allowed within the Commercial Office (CO -1) Zone shall also be allowed within this zone; and F. On- street diagonal parking as illustrated on the preliminary planned development plan shall be allowed and shall count toward satisfying the minimum parking requirement for development on said lots. 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 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, the associated conditional zoning agreement, planned development plan, sensitive areas development plan, and conceptual master plan for Moss Green Urban Village 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 provi- sions 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 unconsti- tutional. 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 26th day of october , 2010. / . `71f MAYOR ATTEST: CITY`eLERK Approved by Cpl c -t -1 �9Lte ji u z2 z�f�" / &2� � 9 i i (' � 4d l i pity Attorneys Office S &S //o tit Ordinance No. 10 -4409 Page 4 It was moved by Wright 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 10/11/2010 Vote for passage: AYES: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration --------------- -- Vote for passage: Date published 11/3/2010 oved by Wright, seconded by Dickens, that the rule requiring ordinances to be considered and voted n for passage at two Council meetings prior to the meeting at which it is to be finally passed be uspended, the second consideration and vote be waived and the ordinance be voted upon for final assage at this time. AYES: Bailey, Champion, Dickens, Hayek, Mims, Wright. NAYS: None. BSENT: Wilburn. V' Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240(319)356-5251 (REZ10- 00004) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Moss Green Development Corporation (hereinafter "Owner"). WHEREAS, Owner is the legal title holder of approximately 141.29 acres of property located northwest of the interchange of State Highway 1 with Interstate 80; and WHEREAS, the Owner has requested the rezoning of said property from Interim Development- Research Park (ID -RP) to planned development overlay (OPD) zone with approximately 60.32 acres rezoned to OPD -Office Research Park (OPD -ORP) and approximately 56.48 acres rezoned to OPD- Research Development. Park (OPD -RDP) and approximately 24.49 acres rezoned to OPD -Mixed Use (OPD -MU); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding clustering of buildings and parking areas away from streams, woodlands, and other sensitive features, promotion of energy efficiency and conservation and creation of a cohesive, urban streetscape according to the submitted master plan, that the requested zoning and the various requested modifications to the zoning are consistent with the Comprehensive Plan goals of environmental stewardship, expansion of job opportunities within the community, and the intent of a sensitive areas development, conservation development, and mixed use development, all three of which are accepted types of planned developments; and WHEREAS, to ensure that storefronts along Moss Place are reserved primarily for commercial uses that will complement and provide goods and services to support the office and research development uses that are listed as the intended uses according to the Comprehensive Plan, the Planning and Zoning Commission recommends certain restrictions on the types and location of residential uses within the Mixed Use area; 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 need for stewardship of sensitive environment features of the land; 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. Moss Green Development Corporation is the legal title holder of the property legally described on Exhibit A, attached and incorporated herein; and 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Sensitive Areas Development Plan and that the conditions imposed upon the property are reasonable and designed to satisfy public ` V" needs caused by the requested zoning change. 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, except as modified by ordinance through the planned development rezoning process, as well as the following conditions: a. The Applicant must receive approval of the final planned development site plans on each lot from the Planning and Zoning Commission. Site plans will be reviewed for general compliance with the master plan as submitted by the applicant to the City on April 1, 2010, which shall be attached to and recorded with the preliminary planned development plan and this conditional zoning agreement; and b. Moss Place will be constructed and platted as a private street with a public and emergency access easement extending over the entire length and width of the roadway and sidewalk, which easement shall be granted, by Owner to the City in writing; and c. Moss Place must be built to the City's minimum construction standards for public streets and shall be inspected and approved by the City prior to being opened to the public; and d. Detached Single Family Dwellings, Two Family Dwellings, and two -unit Attached Single Family Dwellings are prohibited in the OPD -MU zone; and e. On land within the planned development zoned OPD -MU, residential uses are not allowed within the first 30 feet of building depth as measured from the front building wall facing Moss Place. Residential entrances, lobbies, stairwells, elevators and other building features that provide access and safety for the residents are not included in this restriction. In addition, up to 25% of the length of the ground level frontage of a building that faces Moss Place may include live -work units that include both commercial and residential functions. Live -work units that do not include any residential functions on the ground level floor do not count toward this limit. 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 shall 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 acknowledge(s) that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable 2 ' lr 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. -t IL Dated this -Jb day of "D 2010. CITY OF IOWA CITY /�4 t tar► Matt Hayek, Mayor . By: 51 )J/—, q" A, MvsS • (ire; i{Grt A st: Mariam Karr, City Clerk Ap (bved City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 10 CORPORATE SEAL -rll On this -A day of (`fir n��tL A.D. 20 1-v , 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 volunta CutedNORAE FORT Commission Number 159791 �� � ��p, -� _ My Commi ion Expires iow, Notary Public in and for the State of Iowa CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) is instruyn nt was acknowl as 'Oe alopment Corporation. and State 3 qy EXHIBIT A PARCEL1 COMMENCING at the West'/ Corner of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 00 °37'11" East, a distance of 851.11 feet; THENCE South 00 °46'46" East, a distance of 1980.00 feet to the POINT OF BEGINNING; THENCE South 82 °24'15" West, a distance of 1,731.77 feet; THENCE North 88 °11'05" West, a distance of 925.94 feet; THENCE North 00 °54'55" West, a distance of 826.21 feet; THENCE North 62 °47'54" East, a distance of 422.83 feet, to the centerline of Moss Place, to a point on a curve; THENCE along the centerline of Moss Place, along a curve to the right having a radius of 600.00 feet, a delta of 22 °09'35 ", an arc length of 232.06 feet, and a chord which bears North 16 °07'19" West having a chord distance of 230.61 feet to a point of tangency; THENCE along the centerline of Moss Place, North 05 °02'31" West, a distance of 450.41 feet; THENCE North 84 °57'29" East, a distance of 279.49 feet; THENCE South 59 °45'54" East, a distance of 302.28 feet; THENCE South 65 °24'52" East, a distance of 341.75 feet; THENCE South 12 °12'33" East, a distance of 200.43 feet; THENCE South 66 °23'38" East, a distance of 486.33 feet; THENCE South 72 °38'46" East, a distance of 211.24 feet; THENCE South 52 °41'52" East, a distance of 115.01 feet, to the centerline of Moss Place, to a point on a curve; THENCE along the centerline of Moss Place, along a curve to the right having a radius of 600.00 feet, a delta of 14 °46'19 ", an arc length of 154.69 feet, and a chord which bears South 44 °41'18" West having a chord distance of 154.26 feet; THENCE South 37 055'33" East, a distance of 958.63 feet, to the POINT OF BEGINNING, containing 60.32 acres, more or less. PARCEL2 COMMENCING at the West % Corner of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 00 °37'11" East, a distance of 851.11 feet; THENCE South 00 °46'46" East, a distance of 526.94 feet to the POINT OF BEGINNING; THENCE South 00 °46'46" East, a distance of 1453.60 feet; THENCE North 37 °55'33" West, a distance of 958.63 feet, to the centerline of Moss Place, to a point on a curve; THENCE along the centerline of Moss Place, along a curve to the left having a radius of 600.00 feet, a delta of 14 °46'19 ", an arc length of 154.69 feet, and a chord which bears North 44 °41'18" East having a chord distance of 154.26 feet to a point on a line; THENCE North 52 °41'52" West, a distance of 115.01 feet; THENCE North 72 °38'46" West, a distance of 211.24 feet; THENCE North 66 °23'38" West, a distance of 486.33 feet; THENCE North 12 °12'33" West, a distance of 200.43 feet; THENCE North 65 °24'52" West, a distance of 341.75 feet; THENCE North 59 °45'54" West, a distance of 302.28 feet; THENCE South 84 °57'29" West a distance of 279.49 feet, to the centerline of Moss Place; THENCE along the centerline of Moss Place, South 05 °02'31" East, a distance of 450.41 feet to a point of curve; THENCE along the centerline of Moss Place, along a curve to the left having a radius of 600.00 feet, a delta of 22 °09'35 ", an arc length of 232.06 feet, and a chord Which bears South 16 °07'19" East having a chord distance of 230.61 feet to a point on a line; THENCE South 62 °47'54" West, a distance of 422.83 feet; THENCE North 00 °54'55" West, a distance of 838.39 feet; THENCE North 00 °54'55" West, a distance of 359.05 feet; THENCE North 89 °41'57" West, a distance of 124.46 feet; THENCE North 00 °47'26" West, a distance of 842.36 feet, to the centerline of Oakdale Boulevard; THENCE along the centerline of Oakdale Boulevard, South 57 °50'23" East, a distance of 579.85 feet; THENCE along the centerline of Oakdale Boulevard, along a curve to the left having a radius of 1,000.00 feet, a delta of 31 °28'37 ", an are length of 549.38 feet, and a chord which bears South 73 035'07" East having a chord distance of 542.50 feet to a point of tangency; THENCE along the centerline of Oakdale Boulevard, South 89 °19'26" East, a distance of 494.87 feet to a point of curve; THENCE along the centerline of Oakdale Boulevard, along a curve to the left having a radius of 1,000.00 feet, a delta of 08 °38'45 ", an arc length of 'V 150.90 feet, and a chord which bears North 86 °21'12" East having a chord distance of 150.75 feet to a point on a line; THENCE South 00 °40'34" West, a distance of 119.01 feet; THENCE South 63 °43'48" West, a distance of 216.02 feet; THENCE South 46 °57'56" West, a distance of 219.04 feet; THENCE South 00 °40'56" West, a distance of 122.03 feet; THENCE South 72 °50'57" East, a distance of 218.30 feet; THENCE South 51'53'02" West, a distance of 144.00 feet; THENCE South 54 000'28" East, a distance of 149.77 feet; THENCE South 76 °54'00" East, a distance of 396.41 feet; THENCE South 62 °33'35" East, a distance of 179.97 feet; THENCE North 70 047'47" East, a distance of 97.77 feet, to the centerline of Moss Place, to a point on a curve; THENCE along the centerline of Moss Place, along a curve to the right having a radius of 600.00 feet, a delta of 10 °35'07 ", an arc length of 110.85 feet, and a chord which bears South 13 °54'40" East having a chord distance of 110.69 feet to a point on a line; THENCE North 81 °22'53" East, a distance of 342.85 feet, to the POINT OF BEGINNING, containing 56.48 acres, more or less. PARCEL3 THENCE South 00 °37'11" East, a distance of 468.89 feet to a point on the centerline of Oakdale Boulevard which is the POINT OF BEGINNING; THENCE South 00 °37'11" East, a distance of 851.11 feet; THENCE South 00 °46'46" East, a distance of 526.94 feet; THENCE South 81 °22'53" West, a distance of 342.85 feet, to the centerline of Moss Place, a point on a curve; THENCE along a curve to the left having a radius of 600.00 feet, a delta of 10 035'07 ", an arc length of 110.85 feet, and a chord which bears North 13 °54'40" West having a chord distance of 110.69 feet to a point on a line; THENCE South 70 °47'47" West, a distance of 97.77 feet; THENCE North 62 °33'35" West, a distance of 179.97 feet; THENCE North 76 °54'00" West, a distance of 396.41 feet; THENCE North 54 °00'28" West, a distance of 149.77 feet; THENCE North 51 °53'02" East, a distance of 144.00 feet; THENCE North 72 °50'57" West, a distance of 218.30 feet; THENCE North 00 °40'56" East, a distance of 122.03 feet; THENCE North 46 057'56" East, a distance of 219.04 feet; THENCE North 63 043'48" East, a distance of 216.02 feet; THENCE North 00 °40'34" East, a distance of 119.01 feet, to the centerline of Oakdale Boulevard; THENCE along the centerline of Oakdale Boulevard, along a curve to the left having a radius of 1,000.00 feet, a delta of 34 °24'41 ", an arc length of 600.59 feet, and a chord which bears North 64 049'29" East having a chord distance of 591.61 feet to a point of tangency; THENCE along the centerline of Oakdale Boulevard, North 47 °37'08" East, a distance of 23.25 feet to a point of curve; THENCE along the centerline of Oakdale Boulevard, along a curve to the right having a radius of 1,000.00 feet, a delta of 20 004'49 ", an arc length of 350.47 feet, and a chord which bears North 57 °39'33" East having a chord distance of 348.68 feet to the POINT OF BEGINNING, containing 24.49 acres, more or less. 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Q O v 1 -ee Doc ID: 022026740004 Type: OEN Kind: ORDINANCE /2010 at 01:11:56 PM Recorded: 11/39 Fee Johnson Count00I owae 1 of 4 Kim Painter Countv Recorder BK4664 Po38 -41 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. 10-4413 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 16th day of November, 2010, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 18th day of November, 2010. Marian K. Karr City Clerk \ord CORPORATE SEAL 410 EAST WASHINGTON STREET 9 IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 • FAX (319) 356 -5009 21 Prepared by: Tabatha Ries - Miller, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 ORDINANCE NO. 1()-441,1 AN ORDINANCE REZONING APPROXIMATELY 207 ACRES OF LAND LOCATED EAST OF IOWA RIVER, SOUTH OF MCCOLLISTER BOULEVARD, AND WEST OF SAND ROAD FROM COUNTY AGRICULTURAL RESIDENTIAL (AR) TO NEIGHBORHOOD PUBLIC ZONE (P -1) (REZ10- 00010) WHEREAS, the applicant, the City of Iowa City, has requested a rezoning of approximately 207 acres of property located east of Iowa River, south of McCollister Boulevard, and west of Sand Road from County Agricultural Residential (AR) to Neighborhood Public Zone (P -1); and WHEREAS, the Comprehensive Plan indicates that this property is appropriate for environmental preservation and public open space; and WHEREAS, the City has acquired the property for environmental preservation and public parkland; and WHEREAS, Section 14 -2F -1 B -1 of the Zoning Ordinance states that uses such as schools, parks, police and fire stations, and other civic buildings owned or otherwise controlled by the County, the City, or the Iowa City Community School District for such uses will be designated as P -1, Neighborhood Public Zones; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. 1. Property described below is hereby reclassified from its current zoning designation of County Agricultural Residential (AR) to Neighborhood Public Zone (P -1): LEGAL DESCRIPTION COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N90 °00'00 "W, ALONG THE NORTH LINE OF THE NORTHEAST ONE - QUARTER OF THE NORTHEAST ONE - QUARTER AND ALONG THE NORTH LINE OF GOVERNMENT LOT 1 OF SAID SECTION 27, A DISTANCE OF 1474.73 FEET TO THE CENTERLINE OF SAND ROAD NE AND THE POINT OF BEGINNING; THENCE S24 °04'57 "E, ALONG SAID CENTERLINE, 124.61 FEET; THENCE S38 007'08 "E, ALONG SAID CENTERLINE, 20.62 FEET; THENCE S24 °04'57 "E, ALONG SAID CENTERLINE, 1892.14 FEET; THENCE SOUTHEASTERLY, 1046.04 FEET ALONG SAID CENTERLINE AND AN ARC OF A 7200.41 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 1045.14 FOOT CHORD BEARS S19 °55'14 "E TO A POINT ON THE NORTHEASTERLY EXTENSION OF THE SOUTHERLY LINE OF A TRACT OF LAND SHOWN ON A PLAT OF SURVEY (RETRACEMENT) TO JOHNSON COUNTY, IOWA AS RECORDED IN PLAT BOOK 52 AT PAGE 301 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S75 °16'20 "W, ALONG SAID NORTHEASTERLY EXTENDED LINE AND ALONG SAID SOUTHERLY LINE, 960.95 FEET; THENCE N84 °47'43 "W, ALONG SAID SOUTHERLY LINE, 483.66 FEET; THENCE S84 001'24 "W, ALONG SAID SOUTHERLY LINE, 235.12 FEET; THENCE S78 040'52 "W ALONG SAID SOUTHERLY LINE, 542.38 FEET; THENCE N82 °22'41 "W, ALONG SAID SOUTHERLY LINE, 556.75 FEET; THENCE N86 °17'58 "W, ALONG SAID SOUTHERLY LINE, 263.07 FEET TO THE SOUTHWEST CORNER OF SAID TRACT OF LAND; THENCE NO3 °29'02 "W, ALONG THE WESTERLY LINE OF SAID TRACT OF LAND, 767.52 FEET TO THE SOUTHEAST CORNER OF AUDITOR'S PARCEL 2008003 AS RECORDED IN PLAT BOOK 53 AT PAGE 49 IN SAID RECORDER'S RECORDS; THENCE S89 °56'52 "W, ALONG THE SOUTHERLY LINE OF SAID AUDITOR'S PARCEL 2008003, A DISTANCE OF 474.3 FEET MORE OR LESS TO THE (j <" Zl Ordinance No. t n_441 q Page 2 EASTERLY (LEFT) TOP OF BANK (MEAN HIGH WATER MARK) OF THE IOWA RIVER; THENCE NORTHWESTERLY, ALONG SAID TOP OF BANK, FOLLOWING AS CLOSELY AS PRACTICABLE THE SINUOSITIES OF THE BANK, 1156 FEET, MORE OR LESS TO THE NORTHWEST CORNER OF SAID AUDITOR'S PARCEL 2008003; THENCE NORTHEASTERLY, ALONG SAID TOP OF BANK, FOLLOWING AS CLOSELY AS PRACTICABLE THE SINUOSITIES OF THE BANK, 1732 FEET, MORE OR LESS TO ITS INTERSECTION WITH THE NORTH LINE OF GOVERNMENT LOT 1 IN SAID SECTION 27; THENCE S90 °00'00 "E, ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 1, A DISTANCE OF 1693 FEET MORE OR LESS TO THE POINT OF BEGINNING, CONTAINING 207 ACRES MORE OR LESS 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. 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 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 16thdayof November , 20010. MAYOR' ATTEST: 204ti CITY 6LERK Approved by City Attorneys Office o�y // d CORPORATE SEAL Ordinance No. 10 -4413 Page 3 It was moved by Wilburn 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 10/26/2010 Vote for passage: AYES: Dickens, Hayek, Mims, Wright, Bailey, Champion. NAYS: None. ABSENT: Wilburn. Second Consideration --------------- - Vote for passage: Date published 11/24/2010 ved by Wilburn, seconded by Champion, that the rule requiring ordinances to be considered and oted on for passage at two Council meetings prior to the meeting at which it is to be finally assed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Champion, Dickens, Hayek, Wilburn, Wright, Bailey. NAYS: None. ABSENT: Mims. 21 Doc ID: 022027920003 Type: OEN Kind; RESOLUTION Recorded: 11/22/2010 at 03:36:19 PH Fee Amt: $19.00 Pace 1 of 3 Johnson Countv Iowa Kim Painter County Recorder .e**�t? F� 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. 10-490 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 16th day of November, 2010, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 18th day of November, 2010. Marian k—.Karr City Clerk Ves 410 EAST WASHINGTON STREET e IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 o FAX (319) 356 -5009 M Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356 -5030 RESOLUTION NO. 10 -490 RESOLUTION APPROVING THE ACCEPTANCE OF THE DEDICATION OF OUTLOT 0, WINDSOR RIDGE- PART THIRTEEN, IOWA CITY, JOHNSON COUNTY, IOWA, AS PUBLIC OPEN SPACE. WHEREAS, pursuant to the Subdivider's Agreement for Windsor Ridge- Part Thirteen, recorded January 4, 2000 at Book 2886, Page 263, Owner Arlington Development, Inc. agreed to dedicate Outlot 0 upon the completion of certain public improvements and the completion of construction on 90% of the units on Lot 256 of the Subdivision; and WHEREAS, Staff finds that these contingencies have been satisfied; and WHEREAS, 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 of the above - referenced parcel 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 to record the same at Owner's expense. Passed and approved this 16th day of November , 2010.' S ATTEST: CIT�K MAYOR' Approved by d>le,E Og City Attorney's Office /IA// /V 0 Resolution No. 10 -490 Page 2 It was moved by Champion and seconded by Wilburn 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 wpdala/glossaryhesolu0on- ic.doc `lY a1e1S pies aol-.pue ul ollgnd (ueloN set — ,O V,T V, No SN3P -A SNnouvo -oul 'luawdolanaO u016ugJV 10l hdelaaoas pue luaplseld se -JP 'puelaaoNl -M uqo[` Aq OLOZ 'jagwaA0N 10 Cep 1, , slgl uo ow ajolaq pa6pa mou l0e seen luawrulsw slgl 11 ss'),NnO0 NOSNHOF'VMOI :10 31tl1S k jr ,puelaaon - M'ULION 11 —:A9 060Z' dagwanoN :palep ONI'1N3Wd0l3n3O NOlEJNI-WV -anoge pa;e;s aq AM se ldaoxe sallnue Jo suosuad lie }o swielo in ;mel aq; ;swe6e alelsa Ieaj a41 pua }ap pue al ;e; ;uejJem of ';saaa;ul ul sJossaoons PUB 'aalueiE) 411m lueu8A03 6gaJaq ,aglan} saop jolueuE) -anoge palels aq Few se ;daoxa 'saouejgwnoua pue suall Ile 10 deap pue aaJ} sl alelsa lead aql legl pue Saldwls Sal ul alelsa leaf agl of allll splog aolueJE) legl :alelsa Ieaa 941 AaAu03 pue Ja ;sueal of lquoglne Inlmel seq 1! 1£411 'lsaaalul ul siossa00ns pue aalueJO gllm slueuanoo (gadaq uol ;edodjoO aql wlledaplsuoo ou sl aaagl pue &Iledloiunw a sl 99luej6 aql aiagm spaep of 6upjej (g)Z'VgZti u0110as apoO emol o; ;uensmd xel jejsueil alelsa Ieaa wo-q ldwaxe sl peap s!ql 'enrol 'Alunoo uosugop to spJ038M leld 'gg a6ed 1e 'l.y Moog ul pap.iooaj 1oaJag1 ;eld agl of 6ulp,003e 'emol 'A4!0 emol 'uaOPlgl Ned – afip4l Iospu!M ',A„ lollno :enrol 'AlunoO uosugor ul paleooi alelsa leap paquosap 6ulmolIo} ag1 'enrol 'AMO enrol go R1lO 01 AGAUGO Rgaaaq so* p `enrol to ale1S agl to smei ag; japun 6ugslxa pue pezlue62o uolledoddoo emol ue'•oul 'luawdolana® u0l6ullJV 'uogejaplsuoo olgenleA jag10 pue jellop quo 10 uol ;eaaplsuoo ul (ZJO-LNV'dS 31-M:1Od2300) ObZZ9 V1'40 emol'laa�1S u016wgsem 1se3 OLb :al wrgaw 6uipjmoj jag£ '�0 'A!0 euo to N!0 pueluawalelsxml wppy 09ss-9S£(6t£)xVd 06ZZS VI'Rl!0 ell od Ral!id 86a1puls 119 -est, (6t£) lawls Paquo W03 au0 g6nd r!aego!W :dq pajedaid �1 dapdooatl A;Un00 JeZUTed WTN "01 AZUno0 uosugop T }0 1 Sued 00'VI$ :IWV Sad Nd 56:9£:£0 Ze 0103 /ZZ /ll :papjooay 0330 AINVHHVA :pUTN N30 :adAj 1000s6LZ03m :aI O00 V l Doc ID: 022027320007 Type: GEN Kind: EASEMENT Recorded: 11/22/2010 at 12:48:56 PM Fee Amt: $39.00 Pane 1 of 7 Johnson Countv Iowa Kim Painter County Recorder STATE OF IOWA ) ) SS J014NSON COUNTY ) i r 1 Fa; 4d City Of 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. 10-491 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 161" day of November, 2010, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 18th day of November, 2010. Marian Imo. Karr City Clerk fires r; CORPORATE SEAL 410 EAST WASHINGTON STREET e IOWA CITY, IOWA 52240 -1826 C (319) 356 -5000 e FAX (319) 356 -5009 2q M Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356 -5030 RESOLUTION NO. 10 -491 RESOLUTION ACCEPTING THE DEDICATION OF AND AUTHORIZING THE MAYOR TO ENTER INTO A STORM WATER DRAINAGE EASEMENT AGREEMENT FOR MOUNT PROSPECT ADDITION, PART IX, IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, upon completing the development of Mount Prospect Addition, Part IX, it was determined that an additional storm water drainage swale was necessary; and WHEREAS, in order to provide for the proper maintenance and use of such drainageway, the owner, The Housing Fellowship, has agreed to dedicate to the City a storm water drainage easement; 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: 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 storm water drainage easement agreement, and to record the same at Owner's expense. Passed and approved this 16th day of November 2010. i MAYOR Approved by City Attorney's Office lot f /0J qlq Resolution No. 10 -491 Page 2 It was moved by Champion and seconded by Ili 1 hnrn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek Mims x Wilburn x Wright wpdata/glossaryhesoldondc.doc 7 1 Prepared by and after Jeremy B.P. Hagan One South Gilbert Street Phone (319) 466 -1511 recording return to: Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 STORM WATER DRAINAGE EASEMENT AGREEMENT MOUNT PROSPECT ADDITION, PART IX THIS AGREEMENT, made and entered into by and between The Housing Fellowship (Owner), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. . It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such overland drainageways as the City shall from time to time elect for conveying storm water, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as "Stormwater Drainage Easement" as shown on the Stormwater Drainage Easement Plat, Mount Prospect Addition, Part IX, attached hereto and incorporated herein by reference, hereafter described as "easement area." Owner further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement area and also to trim, cut down and clear away any trees on either side of said easement area which now or hereafter in the opinion of the 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 {00605934.DOC} -2- unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Owner reserves the right to use said easement area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement area. Fences and /or trees placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance. with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this 23-NN day of October, 2010. THE HOUSING FELLOWSHIP, an Iowa Non - Profit Corporation By.�if Charles Eastham, President B nstine Wolfe, Secreta (00605934.DOc)2 v -3- CITY OF IOWA CITY, IOWA By: �6^ Matthew J. Hayek, Mayor ATTEST: By M 'ian K'Karr, City CORPORATE SEAL STATE OF IOWA `\ ) ss: COUNTY OF JOHNSON ) instrument was acknowledged before me on the -day of , 2010 by Charles Eastham and Christine Wolfe, as President and Secretary, respectively, of The Housing Fellowship. 01 MV I G-TACEYACHENBACH MISSION HO. 701216 My om !ON E Notary CPruQbr! � c in and for said St� ate STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) ,7;9, On this /6 day of NeueMaFz 2010, 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. o,r SO=AO z e. CommissS�0'� My o Notary Public in and for said State f00605934.Doc)3 T� s°sse :ON 'I'08d "0"3'a" "`°':N8 a13 A1N0133HS SIWI aeas slyl �q Peianpo"Old. ddV za 'Ny0 nz,zva 'L LOZ'LE Uagwaoep sl aleP lemeuei asuso9 AA 2M0 li T 2M0 °ry Olga 9690E :iagwnN esuen!l eel I a 3 I 9690T 'S 11 VIMPald sel6naa a � oioz v . XI �.ze �, xaixaaaxd uor4TPPV �.oadsosa qu:loys aid �vi,�noac b. I ay} Jepun 42Td a.uauTaseg 7....,, a1 uo,(anmS pue uolssaloid II np a wsl{Eyy pue uoisin,edns ab2ure1Q .ra 4Umv aqq leuosaad palpAw spun ao ew/.q pawwped gem Hlwu,/sNns pBlelBJ sy4 Pun paadad sem wawnoop WA ns puel slyl legt Rppaa Aqw q I uaunuoc ngTa xad sa OTOZ /5T!OT PaSTnag dzgsMOTTa3 bUTSnog aqy :zcgaTzdoxd L£0S6n 130iW6 S,80-, ianv 'ssaT ao aa011 laa; aaanbs 8.88Z16 s ... quOO quawasea a52u' Ia aagamuuogs PISS 'LUTIUT50a ;O gUTod au q oq _,aa3 T£ "65 3o aougaspp e ;✓s„q -, TZ,9ZN acuagq egaa3 /,v-L6 30 eouelsTp 2 M.TT,£T,ZON aQuagg :4aa3 £S'bZT 30 acuegsTp e N..6v,L0,ZON aouagq [qaa; bZ'OOT 30 aOUalszp e 'd,.9E,TOQEOX aaUagq egaa; vZ'LZ ;o eOU242Tp a M „09,£6a TOX aOUagq :qaa; 9SISS ;o OOUsgs?p e M.,8v,£7,ZZN aDUagq :qaa; 9£'TZ ;o OOUelsip e auTT ggnOS pies buoTe N,., ZS,OG, BBS OOUacq eUOisparpanS p?os ;o aUTT ggnOS aql ST goxula 8$ qOq 30 auT_ ggno5 aqq Uo qurod P oq lea; EL -69 TO aOuegscp e S„BV, £b oZZS aOSagg :qaa; OL'ZZ ;o anuagszp a 3„OS,£3,TOS aouagq egaa3 L9'66 3O OOUegszp e Pi „9fi,T0,£OS aouag} !qaa; 66'SZT 30 aOUegsrp a M,,6v,L0a ZOS O0Uagq egaa; Ts'ZOT ;c "".4” p a N„T L, £T°ZOS aouagq :qaa; TZ'v5 30 aOuags ?P n 3.,9T,TZ °9Z5 aouagq f4aa3 60'ZZ ;0 OOUagsz a auiT glaoN pies bUOTe H„v0.9ve68P btTnUTgUOC aouagq 'Uc,ldTaossp s>:ql ;O bU- uvTbaq 3O luTOd aql og 49a3 00 -E ;O aOUagSTP e £Y, qem PT-- ;o aUZT ggaOX agq bUOTe g„v0.96,88N aouagq =X_ gaed UOTgTPPK gOadsoaa gunoN ;o £6 goy ;O aauaoo 4ssAgglOm aqg ge bu- OUauauOO - Uawasag abeuiaac SagemwzogS apzN, -4"a OZ iaaq NJ 09 9Z 0 05 TIVpS aIHdV2lf) a 3 M DI 9 Lori 3Z 9Tr, 9 9L'0 zosz: L SO'I yi ABC p9 T-P0M 9 TILT 3 w 0 Y 6i s a it 0 202 Z02 !02 00� 66Z z o � m £ SO' �' oaaeasa3 an6ure =c c3�uns Trvoas i i / li 'Z BE'965[' Z SaI PMOI lzTq TD PMOI XI ? -7Pd `uoT:ITPPV - oadsozd qunoW -4PTd W9UIE)SPa abPUTP-Ta zagPMU[zogg G� 6S-eesos 8 ti i� b :.trZ ' =i N u]a�9 U.00 S z o � m £ SO' �' oaaeasa3 an6ure =c c3�uns Trvoas i i / li 'Z BE'965[' Z SaI PMOI lzTq TD PMOI XI ? -7Pd `uoT:ITPPV - oadsozd qunoW -4PTd W9UIE)SPa abPUTP-Ta zagPMU[zogg G� [] COPY STATE OF IOWA JOHNSON COUNTY Doc ID: 021990690008 Type: GEN Kind: RESOLUTION Recorded: 10/15/2010 at 03:43:08 PM Fee Amt: $44.00 Pace 1 of 8 Johnson Countv Iowa Kim Painter Countv Recorder aK4667 P400 -107 ) SS i r I � 'A ' " ,t c.ar.� Fri My of �y ll 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. 10-426 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 1161 day of October, 2010, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 14th day of October, 2010. Marian-K. Karr City Clerk Ves CORPORATE Sci L 41U hA�i r WASHINGTON STREET • IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 • FAX (319) 356 -5009 i!P 10 -11.10 4e 6 Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 10 -426 RESOLUTION APPROVING THE RELEASE OF A STORM WATER DETENTION EASEMENT AND THE DEDICATION OF A REPLACEMENT EASEMENT WITHIN -" -LOT "5 SCOTT'S SECOND ADDITION, IOWA CITY, IOWA. WHEREAS, Casey Cook, on behalf of the owner, Naples 1, LLC, requested that the City release the storm water detention easement on Lot 5, Scott's Second Addition, as shown on attached Exhibit A; and WHEREAS, street improvements and changes to the storm water drainage patterns have resulted in diverting water away from the original storm water detention basin, and thus the necessary storage capacity has decreased making a smaller detention facility appropriate; and WHEREAS, in exchange for the requested release, the applicant will dedicate a smaller storm water detention facility easement on the same lot to facilitate the lot's development; and WHEREAS, Public Works recommends approval of the release of the existing storm water management easement and the acceptance of a replacement storm water management easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The stormwater detention facility easement shown on the attached "Easement Release Plat" and the Final Plat of Scott's Second Addition, Iowa City, Iowa, recorded at Book 319, Page 309, in the Plat Records of the Johnson County Recorder, is hereby released. 2. The City hereby accepts the dedication of the stormwater detention facility easement shown on the attached "Easement Plat" according to the terms set forth in a storm water detention facility easement agreement, in a form to be approved by the City Attorney's Office. 3. The "Future Stormwater Facility Basin Easement" recorded at Book 1115, Page 28, in the Records of the Johnson County Recorder is hereby superseded with regard to the obligations imposed therein upon Lot 5, Scott's Second Addition. 4. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said vacation and release. The City Clerk shall record the legal documents and plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner /applicant. Passed and approved this 11th day of October , 2010 . MAYOR Appr ved by ATTEST: �J i LV v�� /�� CITY C ERK Ct Attorney's Office CORPORATE SEAL Resolution No. 10 -426 'Page 2 It was moved by champion and seconded by adopted, and upon roll call there were: AYES: x x x x x —x x wpdatalglossarylresolu6on -la doo NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright the Resolution be ���tJ -PRFPA m BY ANO RETURN T6. Wes 1G1:91LTANiS, ne 1912 S Grann ST 10'PA VTC 104A 522W (J19)J51 -8282 PROPRIETOR: NAPLES I�CC SURVEY REQUESTED BY: CASEY GOOK -- — _ OATE OF BURVET: _ OSPb2010 t 6 `\ 9g T LEGAL DESCRIPTION POINT OF' BEGINNING 1 -10 ' p ^a� MORT LANE STQRMWATER DETENTION BASIN EASEMENT (TO BE RELEASED) A Portion of Lot 5, of Scott's Second Addition, located In the Northwest Quarter of the Southeast Quarter of Section 20, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, described as follows: Beginning at the most Northern Corner of Lot 5 of Scott's Second Addition, Johnson Covnty, Iowa. in accordance with the Plat thereof Recorded In Plot Back 31, at Page 309, of the Records of the Johnson County Recorder's Office; Thence 559'18'15 "E, along the Northerly Line of said Lot 5, a distance of 396.00 feet, to the most Easterly Corner of said Lot 5: Thence 589'58'45 "W, along the Southerly Line of said Lot 5, a distance of 475.40 feel; Thence N00'25'45 "E, 149.09 feet. to a Point on the Northerly Line of said Lot 5; Thence N68'17'45 °E, along said Northerly Line, 143.97 feel, to the Point of Beginning. Sold Existing Stormwoter Detention Basin Easement to be Vacated contains 58,021 square feet and is subject to easements and restrictions of record. EASEMENT RELEASE PLAT A PORTION OF LOT 5 SCOTT'S SECOND ADDITION IOWA CITY. JOHNSON COUNTY. IOWA v� o w zs GIRPWC SCALE IN YM 1• =100' LEGEND AND NOTES A - atirnE. acesuR name A - Gtl1EJiE90NAl LMNER REE9. A - aseese" 00soeo oaNOm I.Oco ix To - Posern, axxoe(s), EgR.ro (ca —1.1 o - PROPwm aRNwS En (5/B' Fm Pn I 0.1. IS G q mkxseE WY MU 1 ® aR X y - aaN0A4Y On. ..'aY SAY Rali -e LINES MIS - To N£$ Be. z °z��o MM - LOT IA£S PUOleo nFD CR BY OFfO ( cooffG EA4LENT WF$ Pusnee None (c� - ox2vlm ovomcNs UNIEBS NOTED ORVOMF, ALL DM MS AK W FEET ANU RUNNYEDMS I Axeb, eerllr, Ubl lhb tonal —P, decw^•st raa po,uxl nM Ne rtlaled w . raa pole l Ey — a, u. ssy .., d,r.W'dl'L b n ,-e 9,pcNS -I! B of I as o ary .. IoM a—,- ds ma — r ¢e sane d Lena GA' 0. arseA IS for Uc NIr 8165 YY Gcassa .—ol date b MceMa 31, 20 -U. VESSER On 6rM �.H To Pagzz wPagza w sBez SEAL Q _ mD�s To >N�' °o_ y z °z��o MM og A3 �[y''�1 CJ CD, U) filz n<' �Nyl Oi<9, - t so z ➢o eon eo��z as -Y K Ifa ea NaIs 5m Nou, N>-1 G'. \6202 \6207- 002- \6207002Hdng 711312010 12:59:23 PU CDT /')1/ - %tFPAREe 6Y A4a REN %1 i4 4YS liM'1$ WC. 191] S GIBFR] Si. IO NA qlY. IOwA 5]240 (J19),151-BI9e EASEMENT PLAT PRO OR NAPLES 1, Lee __.._ STORMWATER DETENTION FACILITY EASEMENT SURVEY RrQUESTEU BY: CASEY COOK OATEOFSURWY o6w zalo_ A PORTION OF LOT 5 SCOTT'S SECOND ADDITION IOWA CITY. JOHNSON COUNTY. IOWA A Portion of Lot 5, Scott's Second Addition being in the Northwest Ouarter of the Southeast Quarter of Section 20, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, described as follows: Commencing at the Northerly Most Corner of Lot 5 of Stop's Second Addition to Iowa City, Johnson County, Iowa, in accordance with the Plat thereof Recorded in Plot Book 31, at Page 309, of the Records of the Johnson County Recorder's Office; Thence S68'17'45 "W, along the Northerly Line of said Lot 5, a distance of 52.76 feet, to the Point of Beginning of a Stormwaler Detention Facility Easement; Thence S21'42'15 "E, 47.36 feet; Thence S00'01'15 °E, 27.21 feet; Thence N8843'34 °E, 177.71 feet, to a point on the East line of sold Lot 5; Thence 559'18'15 °E, along said East line, 28.33 feel; Thence 588'43'34 °W, 202.08 feel; Thence S00'01'15 "E, 78.69 feet; Thence 589'58'45 °W, 82.07 feel; Thence N67'57'18 "W, 68.31 feet; Thence N00'01'15 °W, 46.55 feet; Thence N26'38'16 °E, 58.51 feet, to a Point on the Northerly Line of said Lot 5; Thence N68'17'45 'E, along said Northerly Line, 109.36 feet, to the Point of Beginning. Said Stormwater Detention Facility Easement contains 21,826 square feet, and is subject to easements and restrictions of record. /9 R I 1rereby c 111er t .h IoM ar,e)4,9 dccvm., sce .... a E ad oe rectH .y wM .aa p ftm . by ms w uMS my Peed �eYXWB +.Ay e pee wpen vd limt I mm a "y Ikmsed Lmd 9uwtw pdv ue 1as ar u< 111.1..1 loan 6£B� Ay= IXEN 0. IIEIA'ER. LS bra lk. D. 9165 ss ur 11— re.erm ame R k !Q1AM�f: ... sEu Po9e. m a...O re, >ed by g 8 /9 R — D .. ie 9 R s 0 in 0 g 8 Do m° D(n oa C0 o o�v n 07 Z O mZ C < �fTl m v ma �0 moy 3 m'" Dn 0� moo- = n wow --' ob g L go _ No z ➢o rA z F F D �y >* unm y Ji H m as r°� m Ca Z O n z oL 11 11 °O m o () .. v ° o -4 v� �i ri. U, \620] \620] - 002 - \6207002113.0.9 7/2/2010 4:47:21 To CDT /9 Prepared by and Return to: Julie Pulkrabek, Pulkrabek Law Office, PLC, 4698 Fox lane NE, Iowa City, IA 52240 319 - 354 -2110 Storm Water Detention Facility Easement Agreement This Agreement, made and entered into by and among Naples 1, L.L.C. ("Owner") and the City of Iowa City, Iowa ( "City ") which expression shall include their 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, installing, maintaining and servicing a storm water detention facility or portion thereof, and for excavating for and the installation, replacement, maintenance and use of such storm water lines, pipes, mains, conduits and drainage ways as the City shall from time to time elect for conveying storm water to or from such facility, 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 over and across the areas designated on the Storm Water Management Easement Plat (Exhibit `B ") attached hereto and incorporated herein and referred to herein as "easement area." Owner further grants to the City: 1. The right of ingress and egress thereto over and across the easement area. 2. The right of grading said easement area 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 in connection with the installation of easement improvements. 3. The right from time to time to trim, to cut down and clear away any and all trees and brush on 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 rights hereunder in any manner. /I / t-) The City shall each promptly backfill and compact any trench made by it, and repair any damages caused by it within the easement area. The City shall indemnify Owner against loss or damage which may occur in connection with the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the storm water detention facility easement area. The easement granted herein shall be for storm water detention service for Lot 5, Scott's Second Addition. Owner and its successors reserve the right to use said easement area for the storm water detention requirements for Lot 5, Scott's Second Addition and for other purposes that will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owners shall not erect or construct any building, fence, retaining wall or other structure; plant any trees, drill or operate any well; or diminish or substantially add to the ground cover on said easement area or make any other use of the easement area that reduces the storm water detention facility's capacity to detain storm water. Owner hereby covenants 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 storm water detention facility improvements at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvements. Parties agree that the obligation to install the improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion. Owner shall thereafter maintain the storm water detention facility easement area, although nothing in this Agreement shallprevent Owner from assigning such maintenance obligation to Lessee. The maintenance shall include maintaining the groundcover, keeping the easement area free of sediment, erosion, and debris that may interfere with the proper functioning and draining of the detention facility, and maintenance of the outlet and the outlet pipe within the storm water detention facility in the easement area. The City shall have no obligation for storm water detention facility easement maintenance. The provisions herein 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. 91() Dated this 34 day of 2010. OF OWNER Naples 1, L.L.C. . zd-'� By Alan Winn State of Iowa, County of Johnson, ss: �a On this? ° day ofSeqN2rr--iD.er , 2010, before me, the undersigned, a notary public for the state of Iowa, personally appeared Alan Winn, to me personally known, who being by me duly sworn, did say that he is a Member of Naples 1, L.L.C., executing the within and foregoing instrument; that said limited liability company does not have a seal; and that the said Member acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company, by it and by him voluntarily executed. Notary Ab1644 fhe State of Iowa CITY OF IOWA CITY, IOWA KarylBohnsack Commission Number 701530 My Commission Explres February 3, 2012 /l Attest:t� By Matthew Hay k, May r Maria�r If. Karr, City Clerk Approved by: �r, May City Attorney's Office CORPORA State of Iowa, County of Johnson, ss: CORPORATE SEAL +� On this H 4 k`day of 0r, gprZ , 2010, before me, the undersigned, a notary public for the state of Iowa, personally appeared Matthew Hayek and Marian K. Karr, to me personally known, who being by me duly swom, 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 to 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. Sip ('— o s SONDRAE FORT 1— z Commission Number 159791 Notary Public for the State of Iowa eW 3 r co mio� q rtes 1)D Doc ID: 022047840003 Type: GEN Kind: ORDINANCE Recorded: 12/10/2010 at 03:43:02 PM Fee Amt: $18.00 Pace 1 of 3 Johnson Countv Iowa Kim Painter Countv Recorder • z • • • • rEE- , Old my of STATE OF IOWA ) ) SS JOHNSON COUNTY ) 's -W 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. 10 -4418 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 7th day of December, 2010, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 9th day of December, 2010. i Ndarian-K. Karr City Clerk \ord CORPORATE SEAL 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 • FAX (319) 356 -5009 Prepared by: Lorin Ditzler, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5234 ORDINANCE NO. 10 -4418 AN ORDINANCE REZONING APPROXIMATELY 1.85 ACRES OF LAND LOCATED AT 4764 420" STREET SE FROM COUNTY HEAVY INDUSTRIAL (MH) TO GENERAL INDUSTRIAL(I.1). (REZ 10- 00012) WHEREAS, Max J. and LaVaughn M. Neppel are the owners and legal titleholders of approximately 1.85 acres of land located east at 4764 420'' St SE, Iowa City, Iowa; and WHEREAS, Max J. and LaVaughn M. Neppel have requested annexation and rezoning of the approximate 1.85 acre tract into the City of Iowa City, Iowa; and WHEREAS, land annexed into Iowa City must have an appropriate City zoning designation according to the Iowa City Comprehensive Plan; and WHEREAS, the Comprehensive Plan indicates that the property is appropriate for future industrial development once City services have been extended to the area; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of County Heavy Industrial (MH) to General Industrial (1 -1): Lot 2 of Nathaniels' Addition, a subdivision in Johnson County, Iowa, according to the plat thereof recorded in Book 19, Page 27, Plat records of Johnson County, Iowa. 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 111. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and 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 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 7th dayof December 2010. MAYOR ATTEST: CITYCL RK App ved by C' ilyAttorn Off' ';'4` CORPORATE SEAL /ij\ Ordinance No. 10 -4418 Page 2 It was moved by Bailey 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—. 11/30/2010 Voteforpassage: AYES: Mims, Wilburn, Wright, Bailey, Champion, Dickens,Hayek. NAYS: N®ne. ABSENT: None. Second Consideration --------------- - - - - -- Vote for passage: Date published 12/15/2010 Moved by Bailey, seconded by Dickens, 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: Wilburn, Wright, Bailey, Champion, Dickens, Hayek, Mims. NAYS: None. ABSENT: None. 16\ r ....... ... Doc . .... ID: . . 022039930005 Type: GE Kind: ANNEXATION Recorded: $29.00 /Pace It of 1543:31 PM Johnson County Iowa Kim Painter Countv Recorder BK4690 Po674 -678 �ec_- December 2, 2010 Kim Painter Johnson County Recorder 913 S. Dubuque St. Iowa City, IA 52240 Dear Ms. Painter, On November 30, 2010 the City Council of Iowa City passed Resolution No. 10 -501 approving a voluntary annexation of 1.85 acres of land located at 4764 420th Street SE, Johnson County, Iowa. Pursuant to Section 368.7 Code of Iowa, I am forwarding the following documents pertaining to the annexation: • Location map and annexation exhibit of the area to be annexed; • Legal description of the area to be annexed; • Copy of the Resolution No. 10 -501 regarding Iowa City's approval of the annexation. Sincerely, Marian K. Karr, MMC City Clerk City of Iowa City Enclosures 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 • FAX (319) 356 -5009 �o- Jj 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.10 -501 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 30d' day of November, 2010, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 2nd day of December, 2010. A,04�c-) Marian arr City Clerk \•es �C 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240 -1826 o (319) 356 -5000 *FAX (319) 356 -5009 �J 1 r3�" Prepared by: Lorin Ditzler, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5251 RESOLUTION NO. 10 -501 A RESOLUTION FOR A VOLUNTARY ANNEXATION OF APPROXIMATELY 1.85 ACRES OF PROPERTY LOCATED AT 4764 420T" ST SE, JOHNSON COUNTY, IOWA. WHEREAS, Max J. and LaVaughn M. Neppel are the owners and legal titleholders of approximately 1.85 acres of land located at 4764 4201" St SE, Iowa City, Iowa; and WHEREAS, Max J. and LaVaughn M. Neppel have requested annexation of the approximate 1.85 acre tract into the City of Iowa City, Iowa; and WHEREAS, pursuant to Iowa Code 368.5 and 368.7 (2009), 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, Scott Township, the Johnson County Council of Governments, and the East Central Iowa Council of Governments. 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: Lot 2 of Nathaniels' Addition, a subdivision in Johnson County, Iowa, according to the plat thereof recorded in Book 19, Page 27, Plat records of Johnson County, Iowa. 2. The City Clerk is hereby authorized and directed to certify, file, and record all necessary documents as required by Iowa law under Section 368.7(2) (2009) at Owner's expense. 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 30th day of November 2010. 1�Ir e: ATTEST: CITY-CLERK _ Approved by City Attorney's Office �t lro %ro �0' �j d Resolution No. Page 2 10 -501 It was moved by Bailey and seconded by trims the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x wpdata/glossary/resolution -io.do NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356 -5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, OCTOBER 13, 2010 EMMA J. HARVAT HALL MEMBERS PRESENT: Caroline Sheerin, William Jennings, Barbara Eckstein, Robert Anderson�-_qnd Le Ann Tyson M n rn STAFF PRESENT: Sara Greenwood Hektoen, Sarah Walz OTHERS PRESENT: None 1V; N � ci SPECIAL EXCEPTION ITEMS: EXCIO- 00009: A public hearing regarding an application submitted by Theresa Tranmer for a special exception to reduce the required front setback from 10' to 5.5' for an uncovered deck located in the Medium - Density, Single - Family (RS -8) zone at 1610 Center Avenue. The Board concludes that the situation is peculiar to the property in question based on the following findings: • The subject lot is about half the size of most lots in the surrounding neighborhood and smaller than the minimum lot size of 5,000 square feet allowed by code; • The subject house is set 10 feet from the street right -of -way line with the front door several feet above grade, making a raised structure (stoop or deck) necessary for access; • The Center Avenue right -of -way is 75 feet wide, which is unusually wide for a residential street of its length and traffic volume. The Board concludes that there is practical difficulty in complying with the setback requirements based on the following findings: • The existing stoop, which is approximately 3 feet deep, is failing, provides awkward access to the house, and has no railing; • The. property is small in comparison with most other in the neighborhood, and much smaller than what would be allowed under the current zoning ordinance. The Board concludes that granting the exception will not be contrary to the purpose of the setback regulations based on the facts listed above and on following findings: • The proposed setback reduction'is for the purpose of an uncovered front deck only and will not bring the principal building (the house itself) any closer to the street or to other properties. • The proposed uncovered deck will have side setbacks that exceed the 5 feet required by the zoning code. • The Center Avenue right -of -way is unusually wide for a residential street. This provides additional space between buildings that are on the opposite side of the street, as well as space between the buildings and the street. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIII Dac ID: 022049230003 Type. OEN Kind: DECISION Recorded: 12/13/2010 at 12:20:48 PM Fee Amt: $19.00 PaOe 1 of 3 Johnson countv Iowa Kim Painter countv Recorder 13K4695 Pe700 -702 • Other homes along this frontage are set 10 feet or less from the right -of -way line, which is located 4 feet inside the sidewalk. • At least two other houses along this same portion of Center Avenue have retaining walls established within the right -of -way. • Most houses that front Center Avenue are set close to the street, many having setbackof less than 10 feet. ° 0 0 • The proposed deck will satisfy the 5 -foot side setback requirement. M() cm-) The to the is screened from the neighboring • property abuts an alley east, and partially property to the west by the garage entrance and its shed roof. PC a cn N The Board concludes that any potential negative effects resulting from the setback exception as mitigated to the extent practical based on the facts provided above and the following findings: CD • The proposed setback reduction is for the purpose of constructing an uncovered deck only. • The final design of the deck must be reviewed by Historic Preservation staff to ensure it is compatible with the historic conservation zone in which it is located. • The proposed 41 /z' x 10' deck will extend approximately 1.5 feet further out toward the right - of -way line than the existing 3'x 3' stoop. The Board concludes that the subject building will be located no closer than 3 feet to a side or rear property line, based on the following finding: • The deck will be set back more than the required 5 feet from the side and rear property lines. Based on the findings provided 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 specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. The Board concludes that adequate utilities, access roads, drainage and /or necessary facilities have been or are being provided based on the following finding: • The neighborhood in which the subject property is located is fully developed —all utilities, access roads, drainage, and other facilities are already in place to serve this neighborhood. 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: e The proposed deck will be located more than 9 1/2 feet back from the sidewalk and will not obscure the visibility for vehicles accessing the alley to the east. • The subject property is a single - family residence and does not generate significant traffic. The proposed deck will not increase vehicle trips to the area and thus will have no impact on ingress or egress to the area. The Board concludes that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the �j �7 applicable regulations or standards of the zone in which it is to be located based on the following finding: • The applicant must submit a final drawing to be reviewed by the staff Historic Preservationist showing compliance with preservation guidelines. The applicant must also submit a final plan to be reviewed by the Building Official to ensure compliance with any aspects of the zoning code not specifically addressed in this report. The Board finds that the Comprehensive Plan encourages re- investment in older neighborhoods. Disposition: By a vote of 5 -0 the Board granted the special exception EXC10 -00009 a reduction in the front setback from 10 feet to 5.5 feet in order to allow construction of an uncovered deck at property located in the Medium Density (RS -8) zone at 1610 Center Avenue, subject to the following conditions: • Compliance with the site plan submitted —the deck shall not exceed 4 feet, 5 inches in depth and 10 feet in width. • The applicant must get staff approval for the final design of the deck in accordance with the Historic Preservation Commission decision. • The underside of the deck must be screened with lattice or other material to be approved by historic preservation staff. • The setback reduction is for the purpose of an uncovered deck only. 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 B=sdecision. City Code Section 14- 8C -1E, City of Iowa City, Iowa. Approved by: Caroline Sheerin, Chairperson f�� kCityAttorney's Off ice III 14 to STATE OF IOWA JOHNSON COUNTY I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustmc Decision herein is a true and correct copy of the Decision that was passed by the Board of ® o Adjustment of Iowa City, Iowa, at its regular meeting on the 8th day of September, 2010, as t rn same appears of record in my Office. 0 cyst CID Dated at Iowa City, this lt9 day of c�oi ®�eler� J20 MariannX Karr, City Clerk p qj