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HomeMy WebLinkAboutJohnson County Recorder 2009Page 1 Iowa City Board of Adjustment Decision of December 10, 2008 (1) EXC08 -00016 01/16/09 approval of an application submitted by the University of Iowa Community Credit Union requesting a special exception to allow a drive - through banking facility in the CO -I zone, located south of Dodge Sheet and west of Scott Boulevard, subject to substantial compliance with the site plan submitted November 12, 2008, including cautionary signage and pavement markings for the pedestrian crossings in the area of the drive - through and bank entrance. 2 Res #08 -300, approving the final plat of Lytham Condominiums, Iowa City, Iowa. 01/26/09 3 Ord #08 -4298, conditionally rezoning approximately 4.40 acres of land at 2815 Rolnet 01/27/09 Road from Low - Density Single - Family Residential (RS -5) to Commercial Office (CO -1). 4 Res #09 -3, approving the final plat of Mount Prospect Addition, Part IX, Iowa City, Iowa. 02/02/09 5 Res #08 -234, attest a storm sewer and drainage easement agreement pertaining to Block 02/13/09 40, Original Town of Iowa City, Iowa. 6 Res #09 -45, approving the acquisition of a temporary construction easement agreement 02/18/09 between the City of Iowa City and SG Land LC & SG Land II LC for the construction of the Iowa River Bank repair project and authorizing the Mayor to sign and the City Clerk to attest documentation of the same. 7 Iowa City Board of Adjustment Decision of January 14, 2009 (1) EXC08- 00017, approval 02/24/09 Of an application submitted by John Hartson and Frank Gersch for a special exception to Allow conversion of a non- conforming use from medical office to general office for property Located in the Neighborhood Stabilization Residential (RNS -12) zone at 1027 Rochester Ave. 8 Iowa City Board of Adjustment Decision of January 20, 2009 (1) APL08- 00001, denial of the 02/24/09 appeal and upholds the decision of the Building Official to issue a building permit. 9 Res #09 -53, attest a storm water management easement agreement pertaining to Johnson Co 03/02/09 Joint Emergency Communication Center, 4529 Melrose Avenue, Iowa City, Iowa. 10 Res #09 -62, attest a license agreement between the City of Iowa City and the University of 03/02/09 Iowa to use a portion of City streets and public rights -of -way for the installation, operation and maintenance of chilled water lines and steam distribution lines in connection with University of Iowa's heating and cooling systems. 11 Ord #09 -4327, rezoning approximately 2.97 acres located northwest of the intersection of 03/16/09 First Avenue and Hickory Trail from Low Density Single Family (RS -5) zone to Planned Development Overlay, Medium Density Single Family (OPD -8) zone. 12 Ord #09 -4335, rezoning approximately 100 acres of land located on both sides of 420 °i 04/24/09 Street SE, West of Taft Avenue from Interim Development (ID-1) to General Industrial (I -1). 13 Ord #09 -4336, conditionally rezoning approximately 0.98 acres of property located north 05/12/09 of Rohret Road from Interim Development Single - Family Residential (ID -RS) to Low Density Single- Family Residential, 40.13 acres from Rural Residential (RR -1) to Low Density Single - Family Residential (RS -5) and 57.49 acres from Low Density Single - Family Residential to Planned Development Overlay Low Density Single - Family Res (OPD -5). Page 2 14 Res #09 -170, a drainage easement agreement and a storm sewer easement agreement for 05/22/09 Windsor Ridge Part Twenty B, Iowa City, IA. 15 Res #09 -171, a fire access easement agreement and a public sidewalk easement agreement 05/22/09 For Lot 4, Block 103 in the Original ]'own of Iowa City, locally known as 266 E Court St. 16 Ord #09 -4340, rezoning approximately 23.25 acres of property located along the 400 — 500 06/05/09 blocks of N Van Buren St, the 300 — 500 blocks of N Gilbert St, the 300 — 700 blocks of N Linn St, the 200 — 300 blocks of Ronalds St, the 200 — 300 blocks of Church St, the 200 — 500 blocks of Fairchild St, and 200 — 400 blocks of Davenport St from Neighborhood Stabilization Residential (RNS -12) zone to Historic District Overlay/Neighborhood Stabilization Residential (OHD/RND -12) zone and from Medium Density Single Family (RS -8) zone to Historic District Overlay /Medium Density Single Family (OHD /RS -8) zone. 17 Res #09 -193, approving the preliminary and final plat of Scott -Six Industrial Park, 2 "d 06/19/09 Addition, a resubdivision of a part of Lot 36, Scott -Six Industrial Park, Iowa City, Iowa. 18 Res #09 -206, attest the FY2010 agreement between the City of Iowa City and the City of 06/22/09 University Heights for the provision of transit service within the corporate limits of University Heights. 19 Iowa City Board of Adjustment Decision of May 13, 2009 (1) EXC09- 00001, approval to 07/07/09 allow the expansion of a church facility located in the OPD -8 (Planned Development Overlay) at 1251 Village Road subject to the following conditions (1 -4). 20 Iowa City Board of Adjustment Decision of June 10, 2009 (1) EXC09- 00003, approval to 07/07/09 allow a General Community Service Use to be located in the Intensive Commercial (CI -1) zone at 1200 South Gilbert Court subject to general compliance with the site plan submitted, including compliance with the off - street parking standards and installation of sidewalks along Highland Court and Gilbert Court rights -of -way. (2) EXC09- 00004, approval to allow expansion of a daycare facility located in the Medium - Density Single Family Residential (RS -8) zone at 405 Myrtle Avenue, subject to the following conditions (1 -4). 21 Ord 09 -4359, rezoning 3,450 square feet of land located at 611 Southgate Avenue from 10/23/09 Community Commercial (CC -2) to Intensive Commercial (CI -1). 22 Res 09 -284, approving final plat of Stone Bridge Estates, Part Six, Iowa City, Iowa. 10/28/09 23 Res 09 -283, approving final plat of Country Club Estates, Third Addition, Iowa City, Iowa. 11/02/09 24 Res 09 -346, authorizing the Mayor to sign and the City Clerk to attest an agreement between 11/06/09 the City of Iowa City and Mid Eastern Iowa Community Mental Health Center to use a portion of city streets and public rights -of -way for the installation, operation and maintenance of a fiber optic network. 25 Iowa City Board of Adjustment Decision of October 14, 2009 (1) EXC09- 00005, approval for 12/18/09 Communication transmission facility in the Community Commercial (CC -2) zone, located at 925 Highway 6 East, subject to conditions 1 -3. (2) EXC09- 00006, approval to allow a drive - through facility located in the Community Commercial (CC -2) zone at 1720 Waterfront Drive. Page 3 26 Res 09 -381, approving preliminary and final plat of Hunter's Hideway, First Addition, 12/17/09 Iowa City, Iowa. 27 Ord 09 -4375, conditionally rezoning approximately 7.91 acres of property located on 12/17/09 Huntington Drive West of Taft Avenue, from Interim Development Single- Family to Medium Density Single - Family. 28 Exhibit A approved by Res 08 -316, fully executed license agreement for the temporary 12/30/09 Use of a Pedestrian Access Easement between the City of Iowa City, Iowa and RBD Iowa City LLC. Doc ID: 021357920002 Tvoe: GEN Recorded: 01/16/2009 at 10:42:47 AM Fee Amt: $12.00 Paos 1 of 2 Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 3191356 -5230 Johnson Countv Iowa Kim Painter Countv Recorder DECISION BK4381 PG797.798 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, DECEMBER 10, 2008 EMMA J. HARVAT HALL MEMBERS PRESENT: Edgar Thornton, Caroline Sheerin, Karen Leigh, Ned Wood, Terry Hora MEMBERS ABSENT: None STAFF PRESENT: Sara Greenwood Hektoen, Sarah Walz, OTHERS PRESENT: Dwight Dobberstein, Dick Noble SPECIAL EXCEPTION ITEMS: = c? vi I. EXC08 -00016 a public hearing regarding an application submitted by the University of lows' Community Credit Union to allow a drive - though banking facility in the Commercial Office (CO -1) zone at the southwest corner of Dodge Street and Scott Boulevard. Findings of Fact: The Board finds that the subject property is located in the CO -1 zone at the corner of two arterial streets —North Dodge Street and Scott Boulevard. The Board finds that the transportation planning staff studied vehicle traffic counts for the location and concluded that these roads have adequate capacity for the traffic levels generated by the use. The Board finds that the location for the entry drive for the development was a requirement of the rezoning of the property and was recommended by staff to ensure safety for turning traffic and to minimize conflicts with traffic stacking at the intersection of Scott and Dodge. The Board finds that submitted site plan shows the location of the drive - through facility is more than 200 feet from the nearest residential property, and that cars waiting for access to the drive - through will face west and north, away from residential property. The Board finds that the south and east boundaries of the parking area will be screened to the S3 (high) standard and that the bank building will screen the parking and drive - through area from adjacent residential properties to the north. The Board finds that the proposed drive - through provides at least 16 stacking spaces. The Board finds that the applicant has agreed to provide pavement markings and signage to designate pedestrian walkways that cross through the drive - through area and entrance drive. The Board finds that a final site plan, including lighting, must be reviewed by the building department to insure compliance with all requirements of the code. The Board finds that utilities and access roads have been provided, and that the drainage for the site will be reviewed by the Building Department as part of the site plan process for the bank development. Conclusions of Law: Because the existing arterial street system is designed to support the level of traffic generated by the drive- through banking facility, and because the facility is designed with sufficient stacking spaces and includes pavement markings and cautionary signage to mark pedestrian areas, the Board concludes that the specific proposed exception will not be detrimental to or endanger the public health safety, comfort, and general welfare. For these same reasons and because the vehicle access point for the development will be located away from the Scott Boulevard and North Dodge intersection, the Board concludes that adequate measures have been taken to provide ingress and egress designed so as to minimize traffic congestion on public streets. Because the site plan illustrates the required S3 (tall) landscape screening and locates the drive - through away from adjacent residential property so as to buffer the residential neighborhood from noise or glare generated by vehicles using the facility, the Board concludes that the 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. The Board concludes that by locating the drive - through behind the building and out of view from Dodge Street, the proposed exception will comply with the Comprehensive Plan, which calls for enhancing the appearance of this corridor as a main entrance to the city. Disposition: By a vote of 5 -0 the Board approves EXC08 -00016 an application submitted by The University of Iowa Community Credit Union requesting a special exception to allow a drive - through banking facility in the CO -1 zone, located south of Dodge Street and west of Scott Boulevard, subject to substantial compliance with the site plan submitted on November 12, 2008, including cautionary signage and pavement markings for the pedestrian crossings in the area of the drive - through and bank entrance. 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. 1� yod Appro ed by: Ned Wood, Chairperson t /A1 pct City Attorney's Office t :?g/p i STATE OF IOWA JOHNSON COUNTY )�P.0 1t C? I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustmd 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 December, 2008, as the same appears of record in my Office. Dated at Iowa City, this / lP day of 2tca, 20� -)14 a k - 4�,,IA_) Marian . Karr, City Clerk CORPORATE SEAL Doc ID: 021364530067 Tvoe: GEN Recorded: 01/26/2009 at 02:09:30 PM Fee Amt: 5337.00 Page 1 of 67 Johnson County Iowa Kim Painter Countv Recorder SK4385 PD 1.67 V STATE OF IOWA ) ) SS JOHNSON COUNTY ) 410 East Washington Strect Iowa City. Iowa 52240 -1826 (3 19) 356 -5000 (3 19) 356 -5009 FAX www.1cgov.org I, Marian K. Kann, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a Q 6 true and correct copy of Resolution No.08 -300, which was passed by the City Council of Iowa City, Iowa, at J a regular meeting held on the 6th day of October, 2008, all as the same appears of record in my office. Also PC) attached are the final legal documents for Lytham Condominiums as follows: `y 1. Affidavit pertaining to Final Plat 2. Attorney's Title Opinion 3. Dedication & Statement of Consent cn 4. Consent of Mortgagee to Condo Establishment --T :" 5. Certificate of County Treasurer 6. 7. Certificate of County Auditor City- Developer's Agreement V 8. Storm Water Detention Facility Easement Agreement 9. Sanitary Sewer Easement Agreement ko 10. Underground Utility Easement Agreement 11. Water Main Easement Agreement 12. Storm Sewer and Drainage Easement Agreement --r o 13. Amendment to Storm Sewer, Water Main & Drainage Easement (Williams, Glasgow)) C)— 14. Storm Sewer & Drainage Easement (Carlson) Q) 0 15. -- Quit-Glann-A "(Hendrickson Ent to Wear) 1) v V) (r) 16. Quit Glaim=Dee-d-�(I- Iendrickson Ent to Gupta) 17. Release of Perpetual Easement (Gupta, Wear) Dated at Iowa City, Iowa, this day of ci a .t _ -tom - I 2009. Maria h. Karr City Clerk fires subdivision v M4 Prepared by: Karen Howard, Associate Planner, 410 E Washington Street, Iowa City, IA 52240; 319- 356 -5251 (SUB08- 00008) RESOLUTION NO. o8 -3oo RESOLUTION APPROVING THE FINAL PLAT OF LYTHAM CONDOMINIUMS, IOWA CITY, IOWA. WHEREAS, the applicant, Hendrickson Enterprises, Inc., and owners, Gregory B and Carol Neuzil and Ottella, LLC, filed with the City Clerk of Iowa City, Iowa, the final plat of Lytham Condominiums, Iowa City, Iowa (previously known as the Hendrickson Lytham Condominiums); and WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson County, Iowa, to wit: Portion of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 16, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the North Quarter Corner of Section of Section 16, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence N89 °20'53 "W, along the North Line of the Northwest Quarter of said Section 16, a distance of 656.25 feet; Thence S03 °16'55 "E, 829.73 feet, to the Point of Beginning; Thence continuing S03 016'55 "E, 494.55 feet, to a Point on the North Line of Lot 7, of Part Four Terrace Hill, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 6 at Page 80 of the Records of the Johnson County Recorder's Office; Thence N90 °00'00 "W, along said North Line, and the North Line of Auditor's Parcel No. 1001, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 33, at Page 168, of the Records of the Johnson County Recorder's Office, and the North Line of Tower Addition, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 4 at Page 329 of the Records of the Johnson County Recorder's Office, a distance of 685.79 feet, to the Southeast Corner of University Heights Subdivision, University Heights, Iowa, in accordance with the Plat thereof Recorded in Plat Book 2 at Page 72 of the Records of the Johnson County Recorder's Office; Thence N01 °46'19 "W along the East Line of said University Heights Subdivision, 659.30 feet, to the Southwest Corner of Leamer Court Addition, University Heights, Iowa, in accordance with the Plat thereof Recorded in Plat Book 4 at Page 268 of the Records of the Johnson County Recorder's Office; Thence S89 °52'14 "E, along the South Line of said Learner Court Addition, and the South Line of University Heights 3rd Subdivision, University Heights, Iowa, in accordance with the Plat thereof Recorded in Plat Book 3 at Page 140 of the Records of the Johnson County Recorder's Office, a distance of 418.47 feet, to the Southwest Corner of Lot 426 of said University Heights 3rd Subdivision; Thence NO2 °18'12 "W, along the West Line of said Lot 426, a distance of 15.01 feet, to the Northwest Corner thereof; Thence S89 052'14 "E, along the North Line of said Lot 426, a distance of 50.01 feet, to the Northeast Corner thereof; Thence S02 °18'12 "E, along the East Line of said Lot 426, a distance of 15.01 feet, to the Southeast Corner thereof, and the Northwest Corner of the Parcel of Land shown on the Plat of Survey, in accordance with the Plat thereof Recorded in Plat Book 4, at Page 225, of the Records of the Johnson County Recorder's Office; Thence S02 °18'12 "E along the West Line of said Parcel and the West Line of the Parcel of Land shown on the Plat of Survey, in accordance with the Plat thereof Recorded in Plat Book 4 at Page 245 of the Records of the Johnson County Recorder's Office, a distance of 170.00 feet, to the Southwest Corner thereof; Thence N88 °23'38 "E, along the South Line of said Parcel, 202.63 feet, to said Point of Beginning. Said Tract of land contains 9.48 acres, and is subject to easements and restrictions of record. ii Resolution No. nR -znn Page 2 WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivisions have been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision conforms with all of the requirements of the Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The final plat of Lytham Condominiums, Iowa City, Iowa located on the above - described real estate are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by and specifically set aside, although certain portions of said land are not 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 subdivisions, and to certify this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner /subdivider. Passed and approved this 6th day of ATTEST: 2 Lc� 9i�• lL1A/ CIT ERK C Appro ed by City Attorney's Office It was moved by O'Donnell and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia _%_ Hayek x O'Donnell x Wilburn X Wright ti Prepared by: Glen D. Wisner 1917 S. Gilbert Street 319- 351 -8282 Return to: MMS Consultants, Inc. Iowa City, Iowa 52240 AFFIDAVIT PERTAINING TO THE FINAL PLAT LYTHAM CONDOMINIUMS IOWA CITY, JOHNSON COUNTY, IOWA STATE OF IOWA ) )SS. JOHNSON COUNTY ) The undersigned, being first duly sworn to oath, does depose and state the following: 1. I am a licensed Engineer and Land Surveyor with State of Iowa License Number 8165. 2. I prepared the Final Plat and legal description for Lytham Condominiums to Iowa City, Johnson County, Iowa as recorded in Book # 53, at Page # 336 in the Plat Records of the Johnson County Recorder's Office. 3. It has come to my attention that the distance for the East line of Outlot A, East of Olive Court, has been ommitted from the Plat. The distance should be labeled as "70.10 ". 4. It has come to my attention that the distance for the East line of Outlot B, East of Olive Court, has been ommitted from the Plat. The distance should be labeled as "99.90 ". Das,tdgt v ,. day of October,2008. w a 4'. GLEN 0. ::. Q- n a . 3165 �•' (SS9 hL D. M-.e Glen D. Meisner,' PE LS Iowa License Number 8165 Subscribed and sworn to before me by the said Glen . Meisner this e2 day of October, 2008. o��au�G NANCYio SNAKENBERG `F Commission Number 170138 #,* My Commission Expires Not ry Public in and for the State a9pwa /eWA 7- A -2o I I Prepared by: R. Bruce Haupert, 222 S. Linn St., Iowa City, Iowa 52244 -2447; 319/338 -7551 xxxxxxxxxxxxxf: txxxxx* xfxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxaxxx TITLE OPINION I, R. Bruce Haupert, a regular practicing attorney of Iowa City, Johnson County, Iowa, do hereby certify that I have examined an abstract of title to property known and designated as Lytham Condominiums, and legally described as follows: See Exhibit "A" It is hereby certified that fee simple title of said property is in Hendrickson Enterprises, Inc., subject to an unreleased mortgage in favor of Hills Bank and Trust Company, Hills, Iowa, recorded on August 29, 2008, in Book 4344 at Page 591, mortgage records of the Johnson County Recorder's office. ho DATED at Iowa City, Iowa, this "901— day of gem'008. R. BrUde aup rt, 157 LEFF LAW FIRM, L.N. L. 222 South Linn Street P.O. Box 2447 Iowa City, Iowa 52244 -2447 Telephone: (319) 338 -7551 Facsimile: (319) 338 -6902 Dml /RBH /Condos /Lytham 0908 Title Opinion EXHIBIT "A" LEGAL DESCRIPTION The southwest quarter of the northeast quarter of the northwest quarter of Section 16, Township 79 North, Range 6 West of the 5th P.M. excepting therefrom the following: Commencing at the northeast corner of the said southwest quarter of the northeast quarter of the northwest quarter of said Section 16, thence westerly along the north line of said southwest quarter of northeast quarter of northwest quarter of Section 16, 200 feet, thence south (including angle 88 degrees 17 minutes) 170 feet, thence easterly parallel with said north line 200 feet to a point 164 feet south of the point of beginning, thence northerly 164 feet to the point of beginning, as shown by plat recorded in Plat book 4, page 245, Plat Records of Johnson County, Iowa, subject to easement as shown of record. Also excepting therefrom: Commencing at the Southeast Corner of Lot 412, University Heights Third Subdivision, as shown on the plat thereof recorded in Plat Book 3, Page 140, Plat Records of Johnson County, Iowa; thence South 240 feet to the place of beginning; thence West parallel to the South line of said Lot 412, University Heights, Third Subdivision, 124.2 feet; thence South 80 feet; thence East 124.2 feet; thence North 80 feet to the place of beginning. Also Including: Lot 426, University Heights Third Subdivision, University Heights, according to the plat thereof recorded in Book 3, Page 140, Plat Records of Johnson County, Iowa. And Also Including: Commencing at the southeast corner of Lot 412, University Heights Third Sub- division, as shown on the plat thereof recorded in Plat Book 3, Page 140, Plat Records of Johnson County, Iowa; thence South 240 feet to the place of beginning; thence west parallel with the south line of said Lot 412, University Heights Third Sub - division, 124.2 feet, thence south 80 feet, thence east 124.2 feet, thence north 80 feet to the place of beginning. ALSO DESCRIBED AS FOLLOWS: A PORTION OF THE Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 16, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the North Quarter Corner of Section 16, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence N89 20153 11W, along the North Line of the Northwest Quarter of said Section 16, a distance of 656.25 feet; Thence S03 16155 "E, 829.73 feet, to the Point of Beginning; Thence continuing S03 16155 11E, 494.55 feet, to a Point on the North Line of Lot 7, of Part Four Terrace Hill, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat nook 6 at Page 80 of the Records of the Johnson County Recorder's Office; Thence N90 00100 11W. along said North Line, and the North Line of Auditor's Parcel No. 1001, Iowa City, Iowa, in accordance with 7 the Plat thereof recorded in Plat Book 33, at page 168, of the Records of the Johnson County Recorder's Office, and the North Line of Tower Addition, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 4 at Page 329 of the Records of the Johnson County Recorder's Office, a distance of 685.79 feet, to the Southeast Corner of University Heights Subdivision, University Heights, Iowa, in accordance with the Plat thereof Recorded in Plat Book 2 at Page 72 of the Records of the Johnson County Recorder's Office; Thence NO1 46119 11W along the East Line of said University Heights Subdivision, 659.30 feet, to the Southwest Corner of Leamer Court Addition, University Heights, Iowa, in accordance with the Plat thereof Recorded in Plat Book 4 at Page 268 of the Records of the Johnson County Recorder's Office; Thence S89 52114 11E, along the South Line of said Leamer Court Addition, and the South Line of University Heights 3rd Subdivision, University Heights, Iowa, in accordance with the Plat thereof Recorded in Plat Book 3 at Page 140 of the Records of the Johnson County Recorder's Office, a distance of 418.47 feet, to the Southwest Corner of Lot 426 of said University Heights 3rd Subdivision; Thence NO2 18'12 11W, along the West Line of said Lot 426, a distance of 15.01 feet, to the Northwest Corner thereof; Thence S89 52114 11E, along the North Line of said Lot 426, a distance of 50.01 feet, to the Northeast Corner thereof; Thence S02 18112 "E, along the East Line of said Lot 426, a distance of 15.01 feet, to the Southeast Corner thereof and the Northwest Corner of the Parcel of Land shown on the Plat of Survey, in accordance with the Plat thereof Recorded in Plat Book 4, at page 225, of the Records of the Johnson County Recorder's Office; Thence S02 18112 11E along the West Line of said Parcel and the West Line of the Parcel of Land shown on the Plat of Survey, in accordance with the Plat thereof Recorded in Plat Book 4 at Page 245 of the Records of the Johnson County Recorder's Office, a distance of 170.00 feet, to the Southwest Corner thereof; Thence N88 23138 11E, along the South Line of said Parcel, 202.63 feet, to said Point of Beginning. Said Tract of land contains 9.48 acres, and is subject to easements and restrictions of record. Dml /RBH /Subdivisions /Lytham 0908 LegalDesc V Prepared By: R. Bruce Haupert, 222 S. Linn St., Iowa City, Iowa 52244 -2447; 319/338 -7551 . tx+++ t. tx: ttxxxxxxxxxxxxxxxxx++ xxxxx+ x: t: txxxxxxxxxxxxxxxxxxxxxxxxxxxx�xxxxxxxxxx DEDICATION AND STATEMENT OF CONSENT OF LYTHAM CONDOMINIUMS Hendrickson Enterprises, Inc., Developer and Declarant of Lytham Condominiums, does hereby certify and state that Hendrickson Enterprises, Inc., is the owner and proprietor of the following described real estate situated in Johnson County, Iowa, to -wit: See Exhibit A. The condominium regime and the buildings appurtenant thereto appear on the plat of Lytham Condominiums, and this project is being undertaken with the free consent and in accordance with the desires of the proprietor, Hendrickson Enterprises, Inc. The streets and public walkways shown on the Final Plat of Lytham Condominiums are hereby dedicated to the public as provided by the Code of Iowa. IN WITNESS WHEREOF, the proprietor has caused these presents to be signed on this _1,� day of OCjj . , 2008. HENDRICKSON ENTERPRISES, INC. t By: of W. Hendrickson, P ident and Secretary Dml /RBB /Condos /Lytham 0908 Dedication V5 EXHIBIT "A" LEGAL DESCRIPTION The southwest quarter of the northeast quarter of the northwest quarter of Section 16, Township 79 North, Range 6 West of the 5th P.M. excepting therefrom the following: Commencing at the northeast corner of the said southwest quarter of the northeast quarter of the northwest quarter of said Section 16, thence westerly along the north line of said southwest quarter of northeast quarter of northwest quarter of Section 16, 200 feet, thence south (including angle 88 degrees 17 minutes) 170 feet, thence . easterly parallel with said north line 200 feet to a point 164 feet south of the point of beginning, thence northerly 164 feet to the point of beginning, as shown by plat recorded in Plat book 4, page 245, Plat Records of Johnson County, Iowa, subject to easement as shown of record. Also excepting therefrom: Commencing at the Southeast Corner of Lot 412, University Heights Third Subdivision, as shown on the plat thereof recorded in Plat Book 3, Page 140, Plat Records of Johnson County, Iowa; thence South 240 feet to the place of beginning; thence West parallel to the South line of said Lot 412, University Heights, Third Subdivision, 124.2 feet; thence South 80 feet; thence East 124.2 feet; thence North 80 feet to the place of beginning. Also Including: Lot 426, University Heights Third Subdivision, University Heights, according to the plat thereof recorded in Book 3, Page 140, Plat Records of Johnson County, Iowa. And Also Including: Commencing at the southeast corner of Lot 412, University Heights Third Sub- division, as shown on the plat thereof recorded in Plat Book 3, Page 140, Plat Records of Johnson County, Iowa; thence South 240 feet to the place of beginning; thence west parallel with the south line of said Lot 412, University Heights Third Sub - division, 124.2 feet, thence south 80 feet, thence east 124.2 feet, thence north 80 feet to the place of beginning. ALSO DESCRIBED AS FOLLOWS: A PORTION OF THE Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 16, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the North Quarter Corner of Section 16, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence N89 20153 11W, along the North Line of the Northwest Quarter of said Section 16, a distance of 656.25 feet; Thence S03 16'55 "E, 829.73 feet, to the Point of Beginning; Thence continuing S03 16155 "E, 494.55 feet, to a Point on the North Line of Lot 7, of Part Four Terrace Hill, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 6 at Page 80 of the Records of the Johnson County Recorder's Office; Thence N90 00100 11W. along said North Line, and the North Line of Auditor's Parcel No. 1001, Iowa City, Iowa, in accordance with W/ the Plat thereof recorded in Plat Book 33, at page 168, of the Records of the Johnson County Recorder's Office, and the North Line of Tower Addition, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 4 at Page 329 of the Records of the Johnson County Recorder's Office, a distance of 685.79 feet, to the Southeast Corner of University Heights Subdivision, University Heights, Iowa, in accordance with the Plat thereof Recorded in Plat Book 2 at Page 72 of the Records of the Johnson County Recorder's Office; Thence NO1 46119 11W along the East Line of said University Heights Subdivision, 659.30 feet, to the Southwest Corner of Leamer Court Addition, University Heights, Iowa, in accordance with the Plat thereof Recorded in Plat Book 4 at Page 268 of the Records of the Johnson County Recorder's Office; Thence S89 52'14 11E, along the South Line of said Leamer Court Addition, and the South Line of University Heights 3rd Subdivision, University Heights, Iowa, in accordance with the Plat thereof Recorded in Plat Book 3 at Page 140 of the Records of the - Johnson County Recorder's Office, a distance of 418.47 feet, to the Southwest Corner of Lot 426 of said University Heights 3rd Subdivision; Thence NO2 18112 11W, along the West Line of said Lot 426, a distance of 15.01 feet, to the Northwest Corner thereof; Thence S89 52'14 "E, along the North Line of said Lot 426, a distance of 50.01 feet, to the Northeast Corner thereof; Thence S02 18112 11E, along the East Line of said Lot 426, a distance of 15.01 feet, to the Southeast Corner thereof and the Northwest Corner of the Parcel of Land shown on the Plat of Survey, in accordance with the Plat thereof Recorded in Plat Book 4, at page 225, of the Records of the Johnson County Recorder's Office; Thence S02 18'12 "E along the West Line of said Parcel and the West Line of the Parcel of Land shown on the Plat of Survey, in accordance with the Plat thereof Recorded in Plat Book 4 at Page 245 of the Records of the Johnson County Recorder's Office, a distance of 170.00 feet, to the Southwest Corner thereof; Thence N88 23138 "E, along the South Line of said Parcel, 202.63 feet, to said Point of Beginning. Said Tract of land contains 9.48 acres, and is subject to easements and restrictions of record. Dml /RBH /Subdivisions /Lytham 0908 LegalDesc 'V Prepared by: R. Bruce Haupert, 222 S. Linn St., Iowa City, Iowa 52244 -2447; 319/338 -7551 CONSENT OF MORTGAGEE TO CONDOMINIUM ESTABLISHMENT The undersigned, Hills Bank and Trust Company, is the Mortgagee of a mortgage from Hendrickson Enterprises, Inc., which was recorded on August 29, 2008, in Book 4344, at Pages 591 through and including 602 of the Mortgage Records of Johnson County, Iowa. Said mortgage constitutes a lien on the property designated as Lytham Condominiums and legally described as follows: The southwest quarter of the northeast quarter of the northwest quarter of Section 16, Township 79 North, Range 6 West of the 5th P.M. excepting therefrom the following: Commencing at the northeast corner of the said southwest quarter of the northeast quarter of the northwest quarter of said Section 16, thence westerly along the north line of said southwest quarter of northeast quarter of northwest quarter of Section 16, 200 feet, thence south (including angle 88 degrees 17 minutes) 170 feet, thence easterly parallel with said north line 200 feet to a point 164 feet south of the point of beginning, thence northerly 164 feet to the point of beginning, as shown by plat recorded in Plat book 4, page 245, Plat Records of Johnson County, Iowa, subject to easement as shown of record. Also excepting therefrom: Commencing at the Southeast Corner of Lot 412, University Heights Third Subdivision, as shown on the plat thereof recorded in Plat Book 3, Page 140, Plat Records of Johnson County, Iowa; thence South 240 feet to the place of beginning; thence West parallel to the South line of said Lot 412, University Heights, Third Subdivision, 124.2 feet; thence South 80 feet; thence East 124.2 feet; thence North 80 feet to the place of beginning. Also Including: Lot 426, University Heights Third Subdivision, University Heights, according to the plat thereof recorded in Book 3, Page 140, Plat Records of Johnson County, Iowa. And Also Including: Commencing at the southeast corner of Lot 412, University Heights Third Sub - division, as shown on the plat thereof recorded in Plat Book 3, Page 140, Plat Records of Johnson County, Iowa; thence South 240 feet to the place of beginning; thence west parallel with the south line of said Lot 412, University Heights Third Sub - division, 124.2 feet, thence south 80 feet, thence east 124.2 feet, thence north 80 feet to the place of beginning. Is ALSO DESCRIBED AS FOLLOWS: A PORTION OF THE Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 16, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the North Quarter Corner of Section 16, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence N89 20153 "W, along the North Line of the Northwest Quarter of said Section 16, a distance of 656.25 feet; Thence S03 16155 "E, 829.73 feet, to the Point of Beginning; Thence continuing S03 16155 11E, 494.55 feet, to a Point on the North Line of Lot 7, of Part Four Terrace Hill, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 6 at Page 80 of the Records of the Johnson County Recorder's Office; Thence N90 00'00 11W. along said North Line, and the North Line of Auditor's Parcel No. 1001, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 33, at page 168, of the Records of the Johnson County Recorder's Office, and the North Line of Tower Addition, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 4 at Page 329 of the Records of the Johnson County Recorder's Office, a distance of 685.79 feet, to the Southeast Corner of University Heights Subdivision, University Heights, Iowa, in accordance with the Plat thereof Recorded in Plat Book 2 at Page 72 of the Records of the Johnson County Recorder's Office; Thence NO1 46119 11W along the East Line of said University Heights Subdivision, 659.30 feet, to the Southwest Corner of Leamer Court Addition, University Heights, Iowa, in accordance with the Plat thereof Recorded in Plat Book 4 at Page 268 of the Records of the Johnson County Recorder's Office; Thence S89 52114 "E, along the South Line of said Leamer Court Addition, and the South Line of University Heights 3rd Subdivision, University Heights, Iowa, in accordance with the Plat thereof Recorded in Plat Book 3 at Page 140 of the Records of the Johnson County Recorder's Office, a distance of 418.47 feet, to the Southwest Corner of Lot 426 of said University Heights 3rd Subdivision; Thence NO2 18112 11W, along the West Line of said Lot 426, a distance of 15.01 feet, to the Northwest Corner thereof; Thence S89 52114 "E, along the North Line of said Lot 426, a distance of 50.01 feet, to the Northeast Corner thereof; Thence S02 18112 11E, along the East Line of said Lot 426, a distance of 15.01 feet, to the Southeast Corner thereof and the Northwest Corner of the Parcel of Land shown on the Plat of Survey, in accordance with the Plat thereof Recorded in Plat Book 4, at page 225, of the Records of the Johnson County Recorder's Office; Thence S02 18'12 "E along the West Line of said Parcel and the West Line of the Parcel of Land shown on the Plat of Survey, in accordance with the Plat thereof Recorded in Plat Book 4 at Page 245 of the Records of the Johnson County Recorder's Office, a distance of 170.00 feet, to the Southwest Corner thereof; Thence N88 23138 "E, along the South Line of said Parcel, 202.63 feet, to said Point of Beginning. Said Tract of land contains 9.48 acres, and is subject to easements and restrictions of record. E 0 The undersigned Mortgagee hereby formation of said Condominium Regime, said mortgage all streets, easements c dedicated to the City of Iowa City, this mortgage lien Outlot A and Outlot of Lytham Condominiums. consents to the creation and and does hereby release from r other areas which would be nd also hereby releases from B as shown on the Final Plat DATED this L`EL day of October, 2008. .,_ ego` <` �'N, 6t� ^ /�.,,,�., 2v c CCif STATE OF IOWA ) COUNTY OF JOHNSON ) HILLS BANK By: Ke Senior SS: TRUST COMPANY President This instrument was acknowledged before me on the 64 - day of October, 2008, by Keith Jones as Senior Vice President of Hills Bank and Trust Company. Notary Public in and for the 91M�.9AP! State of Iowa 137380plrea Dm1 /RBH /Condos /Lytham 0908 Consent HillsBk -Final 191 Prepared by: R. Bruce Haupert, 222 S. Linn St., Iowa City, IA 52244 -2447; 319/338 -7551 CERTIFICATE OF COUNTY TREASURER I, the undersigned, Treasurer of Johnson County, Iowa, or deputy thereof, hereby certify that the following described property, also known as Lytham Condominiums Johnson County, Iowa, is free from taxes or special assessments in the office of the Treasurer of Johnson County, Iowa: See Exhibit "A ". DATED at Iowa City, Iowa, this 16-1-- day of LrD1 ,,2008. Treasurer of Johnson County, Iowa; or.. Deputy Treasurer of Johnson County, Iowa Parcel No. 1016209006 80 feet x 124.2 feet Parcel No. 1016209005 (most of SW -NE -NW excepting (P NE 170 feet x 200 feet and 80 foot x 124.2 feet) Parcel No. 1016205012 Lot 426 University Heights Third Subdivision, University Heights, according to the Plat thereof recorded in Book 3, at Page 340, Plat Records of Johnson Countv, Iowa. Dml /RBH /Condos /Lytham 0908 TreasCert 2 EXHIBIT "A" LEGAL DESCRIPTION The southwest quarter of the northeast quarter of the northwest quarter of Section 16, Township 79 North, Range 6 West of the 5th P.M. excepting therefrom the following: Commencing at the northeast corner of the said southwest quarter of the northeast quarter of the northwest quarter of said Section 16, thence westerly along the north line of said southwest quarter of northeast quarter of northwest quarter of Section 16, 200 feet, thence south (including angle 88 degrees 17 minutes) 170 feet, thence easterly parallel with said north line 200 feet to a point 164 feet south of the point of beginning, thence northerly 164 feet to the point of beginning, as shown by plat recorded in Plat book 4, page 245, Plat Records of Johnson County, Iowa, subject to easement as shown of record. Also excepting therefrom: Commencing at the Southeast Corner of Lot 412, University Heights Third Subdivision, as shown on the plat thereof recorded in Plat Book 3, Page 140, Plat Records of Johnson County, Iowa; thence South 240 feet to the place of beginning; thence West parallel to the South line of said Lot 412, University Heights, Third Subdivision, 124.2 feet; thence South 80 feet; thence East 124.2 feet; thence North 80 feet to the place of beginning. Also Including: Lot 426, University Heights Third Subdivision, University Heights, according to the plat thereof recorded in Book 3, Page 140, Plat Records of Johnson County, Iowa. And Also Including: Commencing at the southeast corner of Lot 412, University Heights Third Sub- division, as shown on the plat thereof recorded in Plat Book 3, Page 140, Plat Records of Johnson County, Iowa; thence South 240 feet to the place of beginning; thence west parallel with the south line of said Lot 412, University Heights Third Sub - division, 124.2 feet, thence south 80 feet, thence east 124.2 feet, thence north 80 feet to the place of beginning. ALSO DESCRIBED AS FOLLOWS: A PORTION OF THE Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 16, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the North Quarter Corner of Section 16, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence N89 20153 "W, along the North Line of the Northwest Quarter of said Section 16, a distance of 656.25 feet; Thence S03 16'55 11E, 829.73 feet, to the Point of Beginning; Thence continuing S03 16155 11E, 494.55 feet, to a Point on the North Line of Lot 7, of Part Four Terrace Hill, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 6 at Page 80 of the Records of the Johnson County Recorder's Office; Thence N90 00100 11W. along said North Line, and the North Line of Auditor's Parcel No. 1001, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 33, at page 168, of the Records of the Johnson County Recorder's Office, and the North Line of Tower Addition, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 4 at Page 329 of the Records of the Johnson County Recorder's Office, a distance of 685.79 feet, to the Southeast Corner of University Heights Subdivision, University Heights, Iowa, in accordance with the Plat thereof Recorded in Plat Book 2 at Page 72 of the Records of the Johnson County Recorder's Office; Thence N01 46'19 11W along the East Line of said University Heights Subdivision, 659.30 feet, to the Southwest Corner of Leamer Court Addition, University Heights, Iowa, in accordance with the Plat thereof Recorded in Plat Book 4 at Page 268 of the Records of the Johnson County Recorder's Office; Thence S89 52'14 "E, along the South Line of said Leamer Court Addition, and the South Line of University Heights 3rd Subdivision, University Heights, Iowa, in accordance with the Plat thereof Recorded in Plat Book 3 at Page 140 of the Records of the Johnson County Recorder's Office, a distance of 418.47 feet, to the Southwest Corner of Lot 426 of said University Heights 3rd Subdivision; Thence NO2 18112 11W, along the West Line of said Lot 426, a distance of 15.01 feet, to the Northwest Corner thereof; Thence S89 52114 11E, along the North Line of said Lot 426, a distance of 50.01 feet, to the Northeast Corner thereof; Thence S02 18112 11E, along the East Line of said Lot 426, a distance of 15.01 feet, to the Southeast Corner thereof and the Northwest Corner of the Parcel of Land shown on the Plat of Survey, in accordance with the Plat thereof Recorded in Plat Book 4, at page 225, of the Records of the Johnson County Recorder's Office; Thence S02 18'12 11E along the West Line of said Parcel and the West Line of the Parcel of Land shown on the Plat of Survey, in accordance with the Plat thereof Recorded in Plat Book 4 at Page 245 of the Records of the Johnson County Recorder's Office, a distance of 170.00 feet, to the Southwest Corner thereof; Thence N88 23138 11E, along the South Line of said Parcel, 202.63 feet, to said Point of Beginning. Said Tract of land contains 9.48 acres, and is subject to easements and restrictions of record. Dml /RMi /Subdivisions /Lytham 0908 LegalDesc q/ Prepared by and Return to: R. Bruce Haupert, P.O. Box 2447, Ionia City, IA 52244- 2447; 319/338 -7551 AUDITOR'S CERTIFICATE I, the undersigned, Adam Gebhart, a GIS Technician with the Johnson County Auditor's Office, have examined the records of our office and, as a consequence thereof, hereby approve the name Lytham Condominiums as a succinct and unique name for said condominium regime which is situated on the real estate in Johnson County, Iowa, described in Exhibit "A" which is attached hereto and by this reference made a part hereof. Dated this 3ot day of December, 2008. S/ Adam Gebhart GIS Technician, Johnson County Auditor's Office jan /rbh /hendrickson enterprises /auditor's certificate - I/ EXHIBIT "A" LEGAL DESCRIPTION The southwest quarter of the northeast quarter of the northwest quarter of Section 16, Township 79 North, Range 6 West of the 5th P.M. excepting therefrom the following: Commencing at the northeast corner of the said southwest quarter of the northeast quarter of the northwest quarter of said Section 16, thence westerly along the north line of said southwest quarter of northeast quarter of northwest quarter of Section 16, 200 feet, thence south (including angle 88 degrees 17 minutes) 170 feet, thence easterly parallel with said north line 200 feet to a point 164 feet south of the point of beginning, thence northerly 164 feet to the point of beginning, as shown by plat recorded in Plat book 4, page 245, Plat Records of Johnson County, Iowa, subject to easement as shown of record. Also excepting therefrom: Commencing at the Southeast Corner of Lot 412, University Heights Third Subdivision, as shown on the plat thereof recorded in Plat Book 3, Page 140, Plat Records of Johnson County, Iowa; thence South 240 feet to the place of beginning; thence West parallel to the South line of said Lot 412, University Heights, Third Subdivision, 124.2 feet; thence South 80 feet; thence East 124.2 feet; thence North 80 feet to the place of beginning. Also Including: Lot 426, University Heights Third Subdivision, University Heights, according to the plat thereof recorded in Book 3, Page 140, Plat Records of Johnson County, Iowa. And Also Including: Commencing at the southeast corner of Lot 412, University Heights Third Sub- division, as shown on the plat thereof recorded in Plat Book 3, Page 140, Plat Records of Johnson County, Iowa; thence South 240 feet to the place of beginning; thence west parallel with the south line of said Lot 412, University Heights Third Sub - division, 124.2 feet, thence south 80 feet, thence east 124.2 feet, thence north 80 feet to the place of beginning. ALSO DESCRIBED AS FOLLOWS: A PORTION OF THE Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 16, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the North Quarter Corner of Section 16, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence N89 20153 "W, along the North Line of the Northwest Quarter of said Section 16, a distance of 656.25 feet; Thence S03 16155 "E, 829.73 feet, to the Point of Beginning; Thence continuing S03 16155 11E, 494.55 feet, to a Point on the North Line of Lot 7, of Part Four Terrace Hill, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 6 at Page 80 of the Records of the Johnson County Recorder's Office; Thence N90 00'00 11W. along said North Line, and the North Line of Auditor's Parcel No. 1001, Iowa City, Iowa, in accordance with J the Plat thereof recorded in Plat Book 33, at page 168, of the Records of the Johnson County Recorder's Office, and the North Line of Tower Addition, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 4 at Page 329 of the Records of the Johnson County Recorder's Office, a distance of 685.79 feet, to the Southeast Corner of University Heights Subdivision, University Heights, Iowa, in accordance with the Plat thereof Recorded in Plat Book 2 at Page 72 of the Records of the Johnson County Recorder's Office; Thence NO1 46'19 "W along the East Line of said University Heights Subdivision, 659.30 feet, to the Southwest Corner of Leamer Court Addition, University Heights, Iowa, in accordance with the Plat thereof Recorded in Plat Book 4 at Page 268 of the Records of the Johnson County Recorder's Office; Thence S89 52'14 "E, along the South Line of said Leamer Court Addition, and the South Line of University Heights 3rd Subdivision, University Heights, Iowa, in accordance with the Plat thereof Recorded in Plat Book 3 at Page 140 of the Records of the Johnson County Recorder's Office, a distance of 418.47 feet, to the Southwest Corner of Lot 426 of said University Heights 3rd Subdivision; Thence NO2 18'12 "W, along the West Line of said Lot 426, a distance of 15.01 feet, to the Northwest Corner thereof; Thence S89 52'14 "E, along the North Line of said Lot 426, a distance of 50.01 feet, to the Northeast Corner thereof; Thence S02 18112 11E, along the East Line of said Lot 426, a distance of 15.01 feet, to the Southeast Corner thereof and the Northwest Corner of the Parcel of Land shown on the Plat of Survey, in accordance with the Plat thereof Recorded in Plat Book 4, at page 225, of the Records of the Johnson County Recorder's Office; Thence SO2 18112 "E along the West Line of said Parcel and the West Line of the Parcel of Land shown on the Plat of Survey, in accordance with the Plat thereof Recorded in Plat Book 4 at Page 245 of the Records of the Johnson County Recorder's Office, a distance of 170.00 feet, to the Southwest Corner thereof; Thence N88 23'38 11E, along the South Line of said Parcel, 202.63 feet, to said Point of Beginning. Said Tract of land contains 9.48 acres, and is subject to easements and restrictions of record. Dml /RBH /Subdivisions /Lytham 0908 LegalDesc v Return To and Prepared By: R. Bruce Haupert, 222 S. Linn St., Iowa City, Iowa 52244 -2447; 319/338 -7551 CITY - DEVELOPER'S AGREEMENT THIS AGREEMENT is made upon the approval of the final Plat for the Lytham Condominiums by and between Hendrickson Enterprises, Inc., the owner and Developer (hereinafter "DEVELOPER ") of the property legally described on the attached Exhibit "A ", incorporated herein, and the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "). Developer intends to construct 31 condominiums on the property upon approval of the final OPD Plan, which it will then submit to a condominium regime. W I T N E S S E T H: SECTION 1. PUBLIC IMPROVEMENTS. In consideration of the City approving the final plat of Lytham Condominiums, the DEVELOPER agrees, as a covenant running with the land that, except as provided in this Agreement, the City need not issue a building permit for any building in the condominium regime until the streets have been paved with concrete at their designed widths, and sanitary sewers, storm sewers, water mains, and drainageways [ "Improvements "] have been installed and accepted by the City, and erosion control measures have been installed, as required by the City under its ordinances. The streets to be installed have a 50 foot right of way and a paved width of 26 ft. Included as part of the required public improvements to be installed for the development is the removal and replacement of 100 linear feet of eight (8) inch sanitary sewer, which is located on property to the east of this development. The Developer shall contract to perform said work. The City shall review the bids received to complete the work, and the City shall approve the final bid and reimburse the Developer for these costs. The bids shall be balanced and reasonable bids; otherwise, average costs for removing eight (8) inch pipe and installing eight (8) inch pipe for sanitary sewer under like conditions will be used to calculate the City's reimbursement obligation hereunder. 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 to be acting as the City's agent during the original construction and installation of said public improvements. The parties agree that the obligation to install the public improvements herein shall be in accordance with City specifications, and the obligation shall remain with the DEVELOPER and a lien on the various Condominium Regime real estate until completion by the DEVELOPER, and until acceptance by the City, as by law provided. SECTION 2. STORM WATER MANAGEMENT ORDINANCE COMPLIANCE AND COVENANT. The DEVELOPER agrees as a covenant running with the land that, except as provided in this Agreement, the City need not issue a building permit for any building in the regime until a storm water detention facility, including the site work incident thereto, has been installed and either released or accepted by the City. The storm water detention facility in this regime will be constructed in the location and subject to specifications set forth in and on the Final plat of Lytham Condominiums. The DEVELOPER agrees to maintain 2 V said facility but may, at any time, transfer this responsibility to the Lytham Condominium Owners Association ( "ASSOCIATION "). Said maintenance shall comply with the City's storm water management ordinance. SECTION 3. CONSTRUCTION OF IMPROVEMENTS. The improvements and storm water detention facility shall be constructed and installed in accordance with plans and specifications approved by the Iowa City City Engineer, who shall have the right to make occasional inspections of the work in progress. Such inspections shall not relieve or release the DEVELOPER from the responsibility to construct the improvements and storm water detention facility 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 /PRIVATE WALKWAY. DEVELOPER agrees that, prior to the issuance of an occupancy permit for any building in the regime, it shall install sidewalks in front of or adjacent to said buildings. Sidewalks shall be constructed according to the Iowa City ordinances and in compliance with the Final Plat specifications approved by the City Engineer. The sidewalks shall be installed in the Regime covered by this Agreement as required by the Iowa City Code of Ordinances, and shall remain a lien on the real estate until installed and released by the City and the release duly recorded in the Johnson County Recorder's Office. City shall release the sidewalk lien for each building as 3 the sidewalks are constructed in front of each building, provided that the City approves of said construction. In addition, DEVELOPER shall install a concrete walking path which is 705 linear feet in length, 6 feet wide, and in compliance with the approved construction drawings for Lytham Condominiums. This shall remain a private trail and shall not be dedicated to the City. DEVELOPER shall initially be responsible for the maintenance of this walkway, and may transfer said responsibility to the Lytham Condominiums Owners Association. SECTION 5. BUILDING PERMIT AND ESCROW MONIES. If the DEVELOPER should desire a building permit for any building in the regime before the improvements and storm water detention facility have been installed, and if the City, in its sole discretion, determines that acceptance of escrow funds is appropriate to allow issuance of building permits, the DEVELOPER shall deposit with the City's Finance Department in escrow an amount equal to the estimated cost of constructing the improvements and storm water management facility, plus ten (10) percent thereof (such deposit shall hereinafter be referred to as the "improvements escrow ") . The amount of the escrow shall be determined by the City Engineer. In addition to the improvements escrow, if erosion control measures have not been installed, with ground cover established by growth, the City may require as a condition to the issuance of a building permit for construction within the regime, that the DEVELOPER deposit in escrow with the City the sum of $2,000.00 (the "erosion cleanup escrow ") to assure reimbursement for the cost of 4 IX cleaning public streets, storm sewers, gutters or catch basins, which may be incurred by the City as a result of erosion from the real estate. The DEVELOPER agrees to accept responsibility for the cost of the cleaning, and to the extent that the DEVELOPER fails to accomplish erosion cleanup after reasonable notice from the City, the City is hereby authorized but not obligated to do the work and to charge the cost to the erosion cleanup escrow, if adequate, and to charge any excess cost to the DEVELOPER. The unused balance of the erosion cleanup escrow shall be returned to the DEVELOPER after erosion control measures have been installed, and ground cover has been established by growth. If the escrow is insufficient to pay the costs incurred, the DEVELOPER shall promptly reimburse the City for the excess costs incurred. After the improvements escrow and erosion clean -up escrow have been established, if the DEVELOPER is in compliance with all other applicable requirements and ordinances of the City, the Building Inspector of the City is authorized to issue a building permit. SECTION 6. OCCUPANCY PERMIT. Prior to the issuance of an occupancy permit for any building erected pursuant to Section 5, the City in its discretion may require the DEVELOPER to construct and install the improvements, sidewalks and storm water detention facility as required by this Agreement. SECTION 7. USE OF ESCROW MONIES FOR IMPROVEMENTS. If, after the issuance of an occupancy permit, the improvements and storm water detention facility have not been constructed and installed, the City may use any funds deposited in the improvements escrow to construct and install the improvements and storm water 5 detention facility. If the cost of construction and installation of the improvements and facilities exceeds the amount of the escrow, the City shall have a lien and charge against all real estate in the regime for the balance of the cost. The City shall refund to the DEVELOPER any improvements escrow monies not used for the construction and installation of the improvements and facilities. SECTION 8. WAIVER. If the DEVELOPER sells or conveys condominium units in the regime without first constructing or installing the improvements or storm water detention facility, or if either the DEVELOPER or the owner of any condominium in the regime fails to construct sidewalks as required in Section 4, the City shall have the right to install and construct the improvements, facilities or sidewalks. DEVELOPER acknowledges and agrees that all units in the regime are specially benefited by the improvements and facilities, so the cost of the installation and construction shall be a lien and charge against all of the real estate in the regime. The cost of the improvements and facilities 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 sidewalks shall be a lien and charge only against the condominium unit abutting or in front of which sidewalks are installed. It is further provided that the requirement to construct the improvements, facilities, and sidewalks is and shall remain a lien against the condominiums in the regime until properly released as herein provided. 6 q1 SECTION 9. RELEASE. The City agrees that when the improvements and facilities have been installed as required to the satisfaction of the City, it will, upon request, promptly issue to the DEVELOPER, for recording in the Office of the County Recorder of Johnson County, Iowa, a good and sufficient release for all condominium units in the regime so that the obligations set forth in this agreement will not constitute a cloud upon the title of the condominium units in the regime. A separate sidewalk lien release may be issued where appropriate. The City Manager 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 by Section 5 above, as may be acceptable to the City. SECTION 10. STREET MAINTENANCE. The DEVELOPER acknowledges that public services, including but not limited to street maintenance, traffic control, snow removal, and recycle and garbage collection, will not be extended to the regime until the pavement is installed and accepted by the City. SECTION 11. HOMEOWNERS' ASSOCIATION. The DEVELOPER will create an Iowa nonprofit corporation for the purpose of forming the Lytham Condominiums Owners Association to maintain, supervise and control the common areas within the regime SECTION 12. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 7 it, SECTION 13. CONVEYANCE TO ADJACENT OWNERS OF OUTLOTS A AND B AS SHOWN ON FINAL PLAT OF LYTHAM CONDOMINIUMS. DEVELOPER shall convey by Quit Claim Deed Outlets A and B to the owners of the real estate adjacent to and east of said Outlets, as shown on said Final Plat. SECTION 14. NEIGHBORHOOD OPEN SPACE COMPLIANCE. The City's neighborhood open space ordinance required the dedication of a certain number of acres of property, or the payment of a fee in lieu thereof, in connection with the Final Plat of this condominium regime. It is agreed that said requirement shall be met upon the payment of $69,576.03, which shall be paid prior to the issuance of any building permits. SECTION 15. WATER MAIN EXTENSION FEE. DEVELOPER shall pay to City a Water Main Extension Fee in the sum of $3,744.60 prior to the issuance of any building permit for any structure within the condominium regime. SECTION 16. MINIMUM LOW OPENINGS. Condominium units shall be constructed with the following front and rear minimum low openings: Building Front Minimum Rear Minimum Low Opening Low Opening 3 744.85 748.04 13 744.85 723.30 14 744.85 723.30 18 743.55 723.30 19 743.55 723.30 20 743.55 - - -- 8 ti SECTION 17. MAINTENANCE OF ERODIBLE LAND. The design of the development provides that storm water flows, which exceed the capacity of the storm sewer systems on Leamer Court /Olive Court and Marietta Avenue, will be conveyed overland along /adjacent to the 6 foot wide private walkway and then to the storm water management facility. The DEVELOPER at the outset, and the Lytham Condominiums Owners Association, as soon as it is established with the Iowa Secretary of State, shall be required to maintain and restore all areas which may erode from said overland storm water flow. Once the Lytham Condominiums Owners Association is established, DEVELOPER'S responsibility in this regard shall cease and shall be totally assumed by said Association. SECTION 18. MAINTENANCE, PURPOSE AND TIMING OF PRIVATE OPEN SPACE. All of the original 9.48 acre tract not occupied by a footprint of buildings, driveways, Outlots A and B on the Final Plat, Leamer Court, Olive Court, Marietta Avenue, and sidewalks, shall be Private Shared Open Space, and shall become the property of and responsibility of the Lytham Condominiums Owners Association, a non- profit corporation which has been formed and acknowledged by the Iowa Secretary of State. Said Condominium Association By -laws shall require the formation of a standing committee designated as "Grounds Maintenance" the responsibility of which is to maintain said open space. The cost of maintaining said open space is the sole responsibility of said Owners Association which shall establish a system of dues and the collection thereof for the purpose, among 0 ti others, of paying for said maintenance. Said private open space shall exist for the benefit and enjoyment of all condominium unit owners, and shall be used for such purposes as hiking, jogging, playing games, bird - watching, and other recreational activities and general enjoyment. Development of the Private Shared Open Space shall be completed concurrently with the completion of construction of the last condominium unit in this regime. If the Developer or its successor in interest fails to meet said maintenance obligations according to this Agreement, and applicable City ordinances and design standards, City shall have the right to perform said maintenance. Developer acknowledges and agrees that all condominium units in the development are specially benefited by said facilities, that the cost of said maintenance, if performed by City, shall be a lien and charged against all of the units in this development. The cost of said maintenance need not meet the requirements of notice, benefit, or value as provided by the law of the State of Iowa for assessing such improvements. SECTION 19. TREE PROTECTION PLAN. All trees which are not to be removed (those to be removed are identified by an "X" on the Demolition Plan included with the approved construction drawings provided by MMS Consultants) shall be protected and shall be enclosed by a safety fence located at the drip line of said tree(s) throughout construction. 10 v "�k DATED this /9 day of JFc6MEa- , 2008. CITY OF IOWA CITY, IOWA By: % Re is D. Bailey MAYOR (/ ATTEST:- r � - 1`ar1 n K.',Karr rr CITY CLERK HENDRICKSON ENTERPRISES, INC. By: Je f W. Hendrickson, .esident and Secretary DEVELOPER - ��STATE OF IOWA ) SS: COUNTY OF JOHNSON ) -ii On this /9�_ day of DF- CF,hRE2, 2008, before me, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and the City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the Municipal 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 Regenia D. Bailey and Marian K. Karr acknowledged the execution of the instrument to be the voluntary act and deed of the corporation., by it and by them voluntarily executed. SONDRAE FORT i Commission Number 159791 My Commission Expires ow STATE OF IOWA ) SS: COUNTY OF JOHNSON ) Notary Public in and for the State of Iowa This instrument was acknowledged before me on the _I— day of 2008, by Jeff W. Hendrickson as President and S cretary of Hendrlckso Enterprises, Inc. • KNISiINA 0. PROCHASKA — Lo �/ Commie W Number 755584 N t r• in and f Public or the MY Commission Expires State of Iowa October 31, 2011 Dml /RBH /Condos /Lytham 0908 City- DevAgmt- 120308 gam Final 11 7 Prepared by: R. Bruce Haupert, P.O. Box 2447, Iowa City, Iowa 52244 -2447; Ph. 319/338 -7551 STORM WATER DETENTION FACILITY EASEMENT AGREEMENT LYTHAM CONDOMINIUMS, IOWA CITY, IOWA THIS AGREEMENT, made and entered into by and between Hendrickson Enterprises, Inc., ( "DEVELOPER ") and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. IT IS HEREBY AGREED AS FOLLOWS: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, DEVELOPER hereby grants and conveys to the City an easement for the purposes of grading for a storm water detention facility and excavating for and the installation, replacement, maintenance and use of such storm water lines, pipes, mains, and conduits as the City shall from time to time elect for conveying storm water from such basin, with all necessary appliances and fittings for the use in connection with said lines, together with adequate protection therefore, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as storm water detention easement on the Final Plat of Lytham Condominiums and referred to herein as "easement areas." DEVELOPER further grants to the City: 1. 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 areas, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, to cut down and clear away any and all trees and brush on said easement 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 areas. The City shall indemnify DEVELOPER against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement areas. V DEVELOPER and its successors reserve the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the DEVELOPER shall not erect or construct any building, fence, retaining wall, or other structure, drill or operate any well, construct any reservoir, 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 basin's capacity to retain storm water. Fences and trees placed in the easement areas, with or without City approval, may be removed by the City without compensation or replacement. DEVELOPER 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 original public improvement at issue herein, nor shall DEVELOPER be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement herein shall be in accordance with City specifications, and the obligation shall remain on DEVELOPER until completion by DEVELOPER, and until acceptance by the City, as by law provided. After completion of said improvement, DEVELOPER shall thereafter maintain the storm water detention easement areas. The maintenance shall include maintaining and mowing the ground cover over the easement areas and keeping them free of debris. The City shall have no obligation for storm water detention easement maintenance other than the outlet and outlet line contained within the easement area. The obligation for maintenance of the storm water detention easement areas may be transferred to the Lytham Condominiums Owners Association. 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 / H, day of Q BEfz , 2008. CITY OF IOWA CITY, IOWA HENDRICKSON ENTERPRISES, INC. "D.],B By: By: eff W. Hendrickson, Pr dent and Secretary ATTE/J AA� 1iah K. Karr CITY CLERK' - CITY - ' - DEVELOPER - a % 2 STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this ./�_, day of D[{khj&�rG , 2008, before me, a Notary Public in and for the State of Iowa, personally appeared Regenia D, Bailey and Marian K. Karr to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and the City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the Municipal 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 Regenia D. Bailey and Marian K. Karr acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. J°"�fi 8 O" ZN DRAEFORT misslon Number 159791 Commission Expires aW 7 STATE OF IOWA SS: COUNTY OF JOHNSON S�eo4- Fdrr6 Notary Public in and for the State of Iowa This instrument was acknowledged before me on the 23 day of _OGT• , 2008, by Jeff W. Hendrickson as President and Se o y of He dricks Enterprises, Inc. Notary Pub is in and fLot the p R.SRUCEMUPERT State of 2 a F COMMbNon Number 000655 Commission Expires August 91, 2010 Dml /RBH /Condos /Lytham 0906 StormWaterMgtEsmt -Final 9 I/ Prepared by: R. Bruce Haupert, 222 S. Linn St., Iowa City, Iowa 52244 -2447; 319/338 -7551 SANITARY SEWER EASEMENT AGREEMENT LYTHAM CONDOMINIUMS, IOWA CITY, IOWA THIS AGREEMENT is made and entered into by and between Hendrickson Enterprises, Inc. (Developer), 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, Developer hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefore, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as sanitary sewer easements on the Final Plat of said subdivision, herein described as "easement areas." Developer further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement areas and also to trim, cut down and clear away any trees on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said easement areas, or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Developer against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. `1/ Developer reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that Developer shall not erect or construct any building, fence, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Developer does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and has good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Developer be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Developer until completion and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. DATED this / day of QeCRx\& 2008. CITY OF IOWA CITY, IOWA M ATTE CITY CLERK. - CITY: 2 HENDRICKSON ENTERPRISES, INC. By: eff W. Hendrickson, Pr dent and Secretary - DEVELOPER - I/ STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) tk On this day of.iEE(7 2008, before me, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and the City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the Municipal 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 Regenia D. Bailey and Marian K. Karr acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. da SONE-FO z. Comrnission Number DRA RT 159791 My Comm[ sion Expires TOM, 8 7 A STATE OF IOWA SS: COUNTY OF JOHNSON Notary Public in and for the State of Iowa This instrument was acknowledged before me on the 2- day of Q by Jeff W. Hendrickson as President and SeewebAry of Hendrickson Ep Coffffft n Number 000655 °`y =u State of Dml /RBH /Condos /Lytham 0908 SanitarySewerEsmt 3 2008, Inc. v Prepared By: R. Bruce Haupert, 222 S. Linn St., Iowa City, Iowa 52244 -2447; 319/336 -7551 UNDERGROUND UTILITY EASEMENT AGREEMENT LYTHAM CONDOMINIUMS, IOWA CITY, IOWA In consideration and approval of the Final Plat of Lytham Condominiums, Iowa City, Iowa, the undersigned owner hereby grants to MidAmerican Energy Company, Qwest Communications and Mediacom, a perpetual right -of -way easement upon, over, under, along the areas marked on the Final Plat of said Condominium Regime with the words "Utility Easement ". The Grantees of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purpose of serving the Lytham Condominiums Regime 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. Grantors, their successors in interest and assigns, reserve the right to use said easement areas for purposes which will not interfere with the Grantees' full enjoyment of the rights hereby granted; provided that Grantors shall not erect or construct any reservoir, retaining wall, fence, or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. No permanent dwellings or trees shall be placed on the areas so designated for utility easement, but with advance written authorization from the Grantees' representatives, the same may be used for gardens, shrubs, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. Grantees' rights, however, include the right to remove and /or clear any such gardens, shrubs, landscaping, bushes and plantings within the easement area without compensation to Grantors or their successors in interest. q/ A DATED this /9 day of p2 , 2008. CITY OF IOWA CITY, IOWA By: Regvis D. Bai ey MAYOR, HENDRICKSON ENTERPRISES, INC. By: N Je f W. Hendrickson, Pr sident and Secretary ATTEST. Marian K. Karr CITY CLERK - CITY.- c \� - DEVELOPER - 1 STATE OF IOWA)' SS: COUNTY OF JOHNSON on this 119 day of bFKEM(3J =_/Z, 2008, before me, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and the City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the Municipal 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 Regenia D. Bailey and Marian K. Karr acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. O,yagrs SONURAE FORT _ Commission Number 159791 Notary Public in and for the My Commission Expires 20d State of Iowa STATE OF IOWA ) SS: COUNTY OF JOHNSON ) This instrument was acknowledged before me on the �-3 day of o • , 2008, by Jeff W. Hendrickson as President and S r tary of Hendricks n Enterprises, Inc. R,BRUCEHAUPERT 0offaft" Number 000655 MyppIN. NU 41res Notary ublic In and o the AL9031, 2010 State of Iowa Dml /RBH /Condos /Lytham 0908 UndergroundUtilityESmt 0d V Prepared by: R. Bruce Haupert, P.O. Box 2447, Iowa City, IA 52244 - 2447;319/338 -7551 WATER MAIN EASEMENT AGREEMENT LYTHAM CONDOMINIUMS IOWA CITY, IOWA THIS AGREEMENT is made and entered into by and between Hendrickson Enterprises, Inc., hereinafter referred to as "Developer ", and the City of Iowa City, Iowa, a municipal corporation hereinafter call the "City ". It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Developer hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such water lines, pipes, mains, and conduits as the City shall from time to time elect for conveying water, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefore, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as WATER MAIN EASEMENT on the Final Plat of said subdivision, herein described as "easement areas." Developer further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement areas and also to trim, cut down and clear away any trees on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said easement areas, or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Developer against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. I/ Developer reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that Developer shall not erect or construct any building, fence, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Developer does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and has good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Developer be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Developer until completion and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. DATED this �9- day of (�FC� gF2 , 2008. CITY OF IOWA CITY, IOWA HENDRICKSON ENTERPRISES, INC. M 114040 CITY CLERK - CTTY - By:ldt1q J f W. Hendrickson, \,!r#sident and Secretary '"MA0191012- IM 2 n V STATE OF IOWA SS: COUNTY OF JOHNSON On this Jt day of DEC9.tAA1- , 2008, before me, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and the City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the Municipal 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 Regenia D. Bailey and Marian K. Karr acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. JmSO �DRAE FORT omisson Number 158781 My Com Ission Expires ow 4 STATE OF IOWA ) SS: COUNTY OF JOHNSON ) Notary Public in and for the State of Iowa This instrument was acknowledged before me on the � day of 0 CT— , 2008, by Jeff W. Hendrickson as President and Secre ry of Hendrickson Enterprises, Inc. R. BRUCE HAUPERT I Nota ie i 'And -!ff6f TT MyC Number Expire655 State of Iowa AupuBt 91, 2010 Dm1 /RBH /Condos /Lytham 0908 WatezMainEsmt 7 YV Prepared By: R. Bruce Haupert, 222 S. Linn St., Iowa City, Iowa 52244 -2447; 319/338 -7551 STORM SEWER AND DRAINAGE EASEMENT AGREEMENT LYTHAM CONDOMINIUMS, IOWA CITY, IOWA THIS AGREEMENT is made and entered into by and between Hendrickson Enterprises, Inc. (Developer) , 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, Developer hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such storm sewer lines, pipes, mains, conduits and drainageways as the City shall from time to time elect for conveying storm water, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefore, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as storm sewer and /or drainage easements on the Final Plat of said subdivision, herein described as "easement areas." Developer further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement areas and also to trim, cut down and clear away any trees on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said easement areas, or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Developer against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. q/ Developer reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that Developer shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Fences and trees placed in the easement area, with or without City approval, may be removed by City without compensation or replacement. Developer does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and has good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Developer be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Developer until completion and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. fi11 DATED this 19 day of I)F cEnAgE 2008. CITY OF IOWA CITY, IOWA By: e is D. Bailey MAYOR ATTEST: '�/n�,(,�nc�1/ I Margan K. Karr 1. CITY CLERK CI,TY _a HENDRICKSON ENTERPRISES, INC. By: u^r Jef W. Hendrickson, es' dent and Secretary - DEVELOPER - rI,- STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) II-1k On this day of QjEcEA9 F2, 2008, before me, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and the City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the Municipal 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 Regenia D. Bailey and Marian K. Karr acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. WOW SONDRAEFORT Commission Number 158781 My Commission Ex Ires 3 Z STATE OF IOWA SS: COUNTY OF JOHNSON Notary Public in and for the State of Iowa This instrument was acknowledged before me on the 7,� day of QCT- , 2008, by Jeff W. Hendrickson as President and Se etary of He drickDs,,,6n Enterprises, Inc. jLyM EHAUFrRT I Notar P is in an Tptlthe 00MMInlon r;o^ ` State of I a My comn9 r uw Augu::, Dm1 /RBH /Condos /Lytham 0906 StormSewer &DrainageSsmt W N,q„b.�ogoe s 1s 2010 191 v Prepared by and return to: R. Bruce Haupert, P.O. Box 2447, Iowa City, IA 52244- 2447 (319) 338 -7551 ASSIGNMENT OF STORM SEWER, WATER MAIN, AND DRAINAGE EASEMENT AND ASSIGNMENT OF STORM SEWER AND DRAINAGE EASEMENT Hendrickson Enterprises, Inc. is the Grantee of a Storm Sewer, Water Main and Drainage Easement executed by Terence H. Williams and Glenys 0. Williams, husband and wife, and James P. Glasgow, single, a true and correct copy which is attached hereto and by this reference made a part hereof. Hendrickson Enterprises, Inc. is the Grantee of a certain Storm Sewer and Drainage Easement executed by Frederic Reed Carlson and Sandra M. Carlson, husband and wife, a true and correct copy of which is attached hereto and by this reference made a part hereof. Hendrickson Enterprises, easements, hereby assigns and to said easements to Iowa City, Iowa. ASSIGNMENT Inc., as Grantee of the above - described all of its right, title and interest in the Cities of University Heights, Iowa, and NO Dated this LZ 0 day of January, 2009. HENDRICKSON ENTERPRISES, INC. By: d \� eff W. Hendrickson, P6sident and Secretary 1/ STATE OF IOWA ss: COUNTY OF JOHNSON On this 71- day of January, 2009, before me, a Notary Public in and for said state, personally appeared Jeff W. Hendrickson, President and Secretary of Hendrickson Enterprises, Inc. 7AIL BRUCE MAUPERT jan /tbh /hendrickson enterprises /assignment storm sewer water main easement 1 -19 -09 I/ Prepared by and return to: R. Bruce Haupert, P.O. Box 2447, Iowa City, IA 52244- 2447; (319)338 -7551 AMENDMENT TO STORM SEWER, WATER MAIN AND DRAINAGE EASEMENT In consideration of the consent of James P. Glasgow to the attached Storm Sewer, Water Main and Drainage Easement executed by Terrance H. Williams, Glenys 0. Williams, James P. Glasgow, and Hendrickson Enterprises, Inc., GRANTEE hereby affirmatively agrees that it shall hold GLASGOW harmless and reimburse GLASGOW for all damages that may result from GRANTEE'S use of the Storm Sewer and Drainage Easement. Specifically, GRANTEE shall indemnify and hold harmless GLASGOW from and against any and all loss or damage caused by the negligent exercise of any of its easement rights or access rights granted under the Storm Sewer, Water Main and Drainage Easement or caused by the presence of its property on real estate owned in fee simple title by GLASGOW. In addition, GRANTEE'S rights of ingress and egress and access and passage over the easement parcel for the purpose of maintaining and repairing the easement and installing such capital improvements as are necessary to preserve the easement shall be exercised in a manner that shall occasion the least possible damage and inconvenience to GLASGOW and his property. In addition, GRANTEE I/ shall repair any and all damage to the property of GLASGOW outside the easement parcel that may result from GRANTEES exercise of its right to enter. In the exercise of its easement rights, GRANTEE shall ensure that it takes steps to minimize erosion on the easement areas, that slopes will be protected, and that following the completion of the capital improvements within the easement areas, the surface of the easement area will be landscaped and /or otherwise covered with vegetation or other improvements to prevent erosion and to provide an aesthetically pleasing appearance. HENDRICKSON ENTERPRISES, INC. 1 By( J. Hendrickson, re ident and Secretary STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) This instrument was acknowledged before me on the 24 day of November, 2008, by J. W. Hendrickson as president and secretary of Hendrickson Enterprises, Inc. E&4&64?� PUCE HpUPER4 Nota y ubl c arV for the prt(yNonNumber000t55 State of Iowa Fast zot /jo /RBW /xendrickson(nv ndrt nt to easement ag t) M Prepared by and return to: R. Bruce Haupert, P.O. Box 2447, Iowa City, IA 52244- 2447; 338 -1551 STORM SEWER, WATER MAIN AND DRAINAGE EASEMENT Terence H. Williams and Glenys 0. Williams, husband and wife, and James P. Glasgow, single, (GRANTORS) are the owners of the real estate situated in Johnson County, Iowa, described in Exhibit "A" which is attached hereto and made a part hereof. Terence and Glenys Williams are the legal titleholders of said real estate and have sold said property on real estate installment contract to Mr. Glasgow. Said contract is recorded in Book 4339 at pages 470 -476, records of the Johnson County Recorder's Office. Hendrickson Enterprises, Inc., (GRANTEE) is the owner of the property described in Exhibit "B" which is attached hereto and by this reference made a part hereof. GRANTEE is developing a condominium regime on the property described in Exhibit "B ". GRANTORS own the property immediately east of and contiguous to GRANTEE'S property. It is necessary for the GRANTEE to enter upon the real estate owned by the GRANTORS for E l�, the purpose of constructing and completing a storm sewer and drainage easement and the related appurtenances. The legal description of the storm sewer and drainage easement is attached hereto, marked Exhibit "C ", and by this reference made a part hereof. A depiction of the easement area is shown on a portion of the easement plat which has been prepared by MMS Consultants and which is attached hereto, marked Exhibit "D ", and by this reference made a part hereof. GRANTORS hereby grant to the GRANTEE the 15 -foot water main easement over and across the easement area depicted on Exhibit "D" and described on Exhibit "C" and also the 25 -foot storm sewer and drainage easement and depicted on Exhibit "D" and described on Exhibit "C ". The GRANTEE shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, pipes, and any other equipment or appurtenances necessary to construct storm sewer, water main and drainage easements above the surface and below the surface of the ground as may be necessary, reasonable and appropriate. GRANTEE shall have the right to trim, cut down and remove any trees, brush, saplings, or bushes as may interfere with said easements but only relating to those trees, saplings, bushes and brush which are within the easement boundaries. GRANTORS, their successors and assigns, reserve the right to use the easement areas for purposes which will not unreasonably 2 q/ interfere with the GRANTEE'S rights granted hereby. It is understood that there shall not be any walls, reservoirs, structures or ocher obstructions constructed on the easement areas, nor shall any permanent dwelling be constructed on the easement areas, nor shall any trees be planted within the easement areas without the written authorization of the GRANTEE. GRANTORS reserve reasonable rights of access and passage over the easement parcels, and GRANTEE hereby has the rights of ingress and egress and access and passage over said easement parcels for the purpose of maintaining and repairing the easement and .installing capital improvements thereto necessary to preserve said easements. The GRANTEE shall assume, pay for and hold GRANTORS harmless from all reasonable costs associated with the easement rights and maintenance responsibilities granted herein. This agreement shall bind and inure to the benefit of the respective heirs, devisees, personal representatives, successors and assigns of the parties. Dated this —A-' —Ar-. day of 90YEM10E12 , 2008. HENDRICKSON ENTERPRISES, INC. By: Q/ . V. Hendrickson P esident and Secretary 3 ti Terence H. Williams STATE OF IOWA ) ) SS:' COUNTY OF JOHNSON ) This instrument was acknowledged before me on the �!/ a day of (gc �I alu , 2008, by J. W. Hendrickson as president and secretary of Hendrickson Enterprises, Inc. :YNTHIAM.HENDRICKSON CWNNUbn NW 718403 c70�� STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) Not ry Public, Sta e of Iowa This instrument was acknowledged before me on the Y day of (-DL of , 2008, by Terence H. Williams and Glenys 0. Williams * CoTMmiMY m OisaailoH n yNSum.Ob,egqr A13D99Y 1 2 Z�� Z4 4 Notary Pu lic, State of -%wa STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) 'l This instrument was acknowledged before me on the day of 2008, by James P. Glasgow. ^'" `aF AMANDA &-aw, 4,-( =�CommiastonNumber741599 Notary Public, State of Iowa MY Commisslon Exphes July 6, 2009 jan /rbh /hendrickson /williams glasgow water main storm sewer easement 9 -29 -08 4 Commencing at the North Quarter corner of Sec. 16, Twp. 79 N., R.6 West of the 5"' P.M.; thence North 87 052'50" West 970.37 feet along the centerline of Melrose Avenue; thence South 1 °57'43" East 662.71 feet along the West side of the NE Y4 NE Y4 NW Y4 of Sec. 16 to the point of beginning; thence South 88 °18158" East 606.83 feet to the Southwesterly right of way tine of the Chicago, Rock Island and Pacific Railroad; thence South 44 055'48" East 314.93 feet along said Railroad right of way line; thence South 50 °51'00" West 221.97 feet to the North line of Lakewood Addition, an addition to the city of Iowa City, Iowa; thence north 86 °26'00" West 141.30 feet; thence South 51 038100" West 75.00 feet; thence North 66 °16'00" West 71.00 feet; thence South 53 °12'00" West 98.80 feet, South 53 °33'00" West 168.28 feet; thence South 49 °10'00" West 98.60 feet; thence South 47 °09'00" West 66.10 feet to the Southwest corner of Lot 1 of said Lakewood Addition; thence North 87 °26'00" West 32.01 feet; thence North 1 °57'43" West 657.66 feet to the point of beginning. Excepting therefrom the following: Commencing at the Northwest Corner of the Northeast Quarter of Section 16, Township 79 North, Range 6 West of the 5"' Principal Meridian; Thence N87 045'39 "W, along the centeriine of Melrose Avenue, 656.58 feet; Thence Si °57'43 "E. along the East Line of the East Half (1 /2) of the Northwest Quarter (114) of the Northeast Quarter (1/4) of the Northwest Quarter (114) of said Section 16, 662.71 feet; Thence S88 °18'58 "E, 606.83 feet to the Southwesterly Right -of -Way Line of the Chicago, Rock Island, and Pacific Railroad; Thence 344 055'48 "E, along said Railroad Right -of -Way Line, 314.93 feet; Thence S50 °51'00 "W, 25.13 feet to a point on the Centerline of Woodside Drive and the Point of Beginning; Thence S50 151100 1W, 196.84 feet to the Northeast Corner of Lot 5, Lakewood Addition, an addition to the City of Iowa City, Iowa; Thence N86 °26'00 "W, 141.30 feet; Thence S51 °38'00 "W, along the Northerly Line of said Lakewood Addition, 75.00 feet; Thence N66 °16'00 "W, 71.00 feet; Thence Northerly Lin 98.80 feet; Thence S53 033100 "W, 168.28 feet; Thence S49 010100 "W, 98.60 feet; Thence 3'12'00 W, 9 66.10 feet to the Southwest Corner of Lot 1 of said Lakewood Addition; Thence N87°26', 0 , 32.01 feet; Thence Ni °57'43 "W, 91.46 feet; Thence N4804110911 Addition; dition feet; Thence 26'00"0 , 166.14 feet; Thence N26 020'45 "W, 30.95 feet; Thence N1041'02'E, 62.77 feet to a point on the Centerline of an existing Private Drive; Thence S88 018'58 "E, 212.95 feet along said Centerline; Thence Southeasterly, 75.72 feet along a 100.00 foot radius curve, concave Southwesterly, w_ hose 73.93 foot chord bears S66 037'23 "E; Thence S44 055'48 "E, 232.80 feet along said Centerline; Thence Southeasterly, 8.73 feet along a 50.00 foot radius curve, concave Northeasterly, whose 8.72 foot chord bears S49 °55'48 "E; Thence S54 055'48 "E, 25.80 feet along said Centerline; Thence Southeasterly, 8.73 feet along a 50.00 foot radius curve, concave Southwesterly, whose 8.72 foot chord bears S49 °55'48 "E to the Point of Beginning. Also including roadway easements described as follows: Commencing at the North Quarter corner of Sec. 16, Twp. 79 N., R: i5 West of the 5" P.M.; thence North 87 052'50" West 970.37 feet along the centerline of Melrose Avenue; thence South 1 057'43" East 119.34 feet to the point of beginning; thence North 44 041'20" West 125.83 feet along the Southerly right of way line of the Chicago, Rock Island and Pacific Railroad, to the South right of way line of Melrose Avenue; this line being the Northerly line of a 25 foot road easement; thence North 87 °52'50" West 36.53 foot along the South line of Melrose Avenue; thence South 44 041'20" East 179.53 feet along the Southerly right of Way line of a 25 foot roadway easement to the West line of a 22 foot roadway easement; thence South 1 057'43" East 506.52 feet along the West line of a 22 foot roadway easement on the West side of the NE Y4 NE 1 Y4 NW Y4 of said Sec. 16; thence South 88 °18'58" East 22.04 feet to the East line of the said 22 foot roadway easement; thence North 1 °5743" West 520.93"feet along the East line of a 22 foot roadway easement; thence North 44 041'20" West 32.42 feet to the point of beginning. EXHIBIT A qz LEGAL DESCRIPTION The southwest quarter of the northeast quarter of the northwest quarter of Section 16, Township 79 North, Range 6 West of the 5th P.M. excepting therefrom the following: Commencing at the northeast corner of the said southwest quarter of the northeast quarter of the northwest quarter of said Section 16, thence westerly along the north line of said southwest quarter of northeast quarter of northwest quarter of Section 16, 200 feet, thence south (including angle 88 degrees 17 minutes) 170 feet, thence easterly parallel with said north line 200 feet to a point 164 feet south of the point of beginning, thence northerly 164 feet to the point of beginning, as shown by plat recorded in Plat book 4, page 245, Plat Records of Johnson County, Iowa, subject to easement as shown of record. Also excepting therefrom: Commencing at the Southeast Corner of Lot 412, University Heights Third Subdivision, as shown on the plat thereof recorded in Plat Book 3, Page 140, Plat Records of Johnson County, Iowa; thence South 240 feet to the place of beginning; thence West parallel to the South line of said Lot 412, University Heights, Third Subdivision, 124.2 feet; thence South 80 feet; thence East 124.2 feet; thence North 80 feet to the place of beginning. Also Including: Lot 426, University Heights Third Subdivision, University Heights, according to the plat thereof recorded in Book 3, Page 140, Plat Records of Johnson County, Iowa. And Also Including: Commencing at the southeast corner of Lot 412, University Heights Third Sub- division, as shown on the plat thereof recorded in Plat Book 3, Page 140, Plat Records of Johnson County, Iowa; thence South 240 feet to the place of beginning; thence west parallel with the south line of said I.ot 412, University Heights Third Sub- division, 124.2 feet, thence south so feet, thence east 124.2 feet, thence north 8o feet to the place of beginning. ALSO DESCRIBED AS FOLLOWS: A PORTION OF THE Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 16, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the North Quarter Corner of Section 16, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence N89 20'53 "W, along the North Line of the Northwest Quarter of said Section 16, a distance of 656.25 feet; Thence S03 16155 "E, 829.73 feet, to the Point of Beginning; Thence continuing S03 16155 "E, 494.55 feet, to a Point on the North Line of Lot 7, of Part Four Terrace Hill, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 6 at Page 80 of the Records of the Johnson County Recorder's Office;. Thence N90 00'00 "W. along said North Line, and the North Line of Auditor's Parcel No. 1001, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 33, at page 168, of the Records of the Johnson County Recorder's Office, and the North Line of Tower Addition, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat .Book 4 at Page 329 of the Records of the Johnson County Recorder's Office, a distance of 685.79 feet, to the Southeast Corner of University Heights Subdivision, University Heights, Iowa, in accordance with the Plat thereof Recorded in Plat Book 2 at Page 72 of the Records of the Johnson County Recorder's Office; Thence N01 46119 "W along the East Line of said University Heights Subdivision, 659.30 feet, to the Southwest Corner of Leamer Court Addition, University Heights, Iowa, in accordance with the Plat thereof Recorded in Plat Book 4 at Page 268 of the Records of the Johnson County Recorder's Office; Thence S89 52'14 "E, along the South Line of said Leamer Court Addition, and the South Line of University Heights 3rd Subdivision, University Heights, Iowa, in accordance with the Plat thereof Recorded in Plat Book 3 at Page 140 of the Records of the Johnson County Recorder's Office, a distance of 418.47 feet, to the Southwest Corner of Lot 426 of said University Heights 3rd Subdivision; Thence NO2 18'12 "W, along the West Line of said Lot 426, a distance of 15.01 feet, to the Northwest Corner thereof; Thence S89 52'14 "E, along the North Line of said Lot 426, a distance of 50.01 feet, to the Northeast Corner thereof; Thence S02 18'12 "E, along the East Line of said Lot 426, a distance of 15.01 feet, to the Southeast Corner thereof and the Northwest Corner of the Parcel of Land shown on the Plat of Survey, in accordance with the Plat thereof Recorded in Plat Book 4, at page 225, of the Records of the Johnson County Recorder's Office; Thence S02 18112 "E along the West Line of said Parcel and the West Line of the Parcel of Land shown on the Plat of Survey, in accordance with the Plat thereof Recorded in Plat Book 4 It Page 245 of the Records of the Johnson County Recorder's Office, a distance of 170.00 feet, to the Southwest Corner thereof; Thence N88 23'38 "E, along the South Line of said Parcel, 202.63 feet, to said Point of Beginning. Said Tract of land contains 9.48 acres, and is subject to easements and restrictions of record. - Dml /RBH /Subdivisions /Lytham 0908 LegalDesc E-x H-(13r7- B Q/ IFni Kef_w_,PIM A pMlan of iM Nar ha"t One — Quads of the Northwmt One —Ouwle of Saelbn 16, Toenenip 79 NuN, Range 6 West of the Fifth Prhepal NsrWlan. Iowa City, Jahnean County loco, mare portlWody dsealbed as /O6ows: F WA R th N hsobt Canmenehq of Iha NwtMaet Stone of Lot 2, Lylnom Cmd0nhlum0. Iowa Cily. Iowa, In accordance eilh the recorded Plat thereof; Thence 50316'55'E, along the Eastedy One of sold Lot 2, a distance of 19.32 feel, to the Ce WI of o 15.00 foot wide Wale Nab Easement, and the Point of Beginning Thence N62'34'04'E, 28.27 feel, to the Point of Termholkn. the Sidelines of whkh ore lengthened w shortened to begin of told Eaelerly line and end at a the perpendicular to the Pohl of Termination, containing 0.01 awe, (424 square feel), and It subject to easements and restrictions Of raced. Fcrwo�T10N A pardon of the NorUtosl One— Ouorler of the Northwest One- 0uorlar of Section 16, Tormsnp 79 NorlA, Ronge 6 West of the Fifth Principal Neldlan, towo City, Johnson County, IOWO, mud pwlkalwly dncrbed os fodo'eC R ti.' TOR,. CWER A 0 ORANACE EAaFYEUT Cwnmench9 0l lM Northeast owner of Lot 2, Ljlhom Candwnhbm0. Iowa City. Iowa, In accardance with the reoorded Not thereoh, Thence 50376'55 E. along the Easterly line of Sold Lot 2, a distance of 197.28 feet, to the C"Wine of a 25.00 foot wlde Stum Sewer and Orulnage Easement, and the Point of Beghning; Thence N86'43'05'E, 51.46 feet, to the Point of Terminotbn, the eldelhee of which we lengthened or shortened to begin at sold Easterly line and end of o line perpaodkulw to the Point of Terminulloy containing 0.03 acre, (1,287 square feel), and 1e subject to easements and reelrklbns of retard. Fx tt(!1 mnm w -t� a'C7 } F3_t0 z N a3 �w m on Z— o o z o ` " -C. i; wa�`"a P3 woo. N yom -a- __..._� W O .� O1 "',z�, vim wow a� ?� �Z aU V� UO cpow m3 E �p WWW �Q Qaw IZW �_� cn 1 o o w3 n aZ a_ f �� rr� S� oy (n # pm mxwb w a Mg B Za< Y03w O WF¢SU Z I� Ia �I�WIIII Q III I i Q I I W A e� EE E 6° �U a6 ba z� YES In 11 A if 6s On; IrfF.. 'E0->a YF'�Fe IRS —1 i �E 6° xfi {�6 iy 5s 63 F =6 [yy 1 °aa esa g°1°g€ AR &os` = °3 Lr� C U Q 50318'S5'E 191 fi / faE Fla d 3Ha � zi / o as s 2` a —1 i �E 6° xfi {�6 iy 5s 63 F =6 [yy 1 °aa esa g°1°g€ AR &os` = °3 Lr� C U Q t — _� 50318'S5'E 191 fi / faE �cg ••$ VW Fab zi / egu as s \ f6a 1 _ s 6" {, 3 F 8 EVGP -+ har � � '.aH3Jll....•,.. F t — _� 50318'S5'E 191 fi / VW �' zi / as s \ 1 Is A i ..+Y+A q/ Prepared by and return to: R. Bruce Haupert, P.O. Box 2447, Iowa City, IA 52244- 2447; 338 -7551 STORM SEWER AND DRAINAGE EASEMENT Frederic Reed Carlson and Sandra M. Carlson, husband and wife, (GRANTORS) are the owners of the following described real estate situated in Johnson County, Iowa, to -wit: Lot 115, University Heights, Johnson County, Iowa, according to the plat thereof recorded in Book 2, Page 72, Plat Records of Johnson County, Iowa. Excepting therefrom that portion described as Auditor's Parcel 2001034 on Plat of Survey recorded in Book 43, Page 8, Plat Records of Johnson County, Iowa. Hendrickson Enterprises, Inc., (GRANTEE) is the owner of the property described in Exhibit "A" which is attached hereto and by this reference made a part hereof. GRANTEE is developing a condominium regime on the property described in Exhibit "A ". GRANTORS own the property immediately west cf and contiguous to GRANTEE'S property. It is necessary for the GRANTEE to enter upon the real estate owned by the GRANTORS for the purpose of constructing and completing a storm sewer and drainage easement and the related appurtenances. L The legal description of the storm sewer and drainage easement is as follows: A portion of the Northeast One- Quarter of the Northwest One- Quarter of Section 16, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, more particularly described as follows: 20' WIDE STORM SEWER & DRAINAGE EASEMENT Commencing at the Southwest corner of Lot 2, Lytham Condominiums, Iowa City, Iowa, in accordance with the recorded Plat thereof; Thence N01046'19 "W, along the Westerly line of said Lot 2, a distance of 168.79 feet, to the centerline of a 20.00 foot wide Storm Sewer and Drainage Easement, and the Point of Beginning; Thence S78 045155 "W, 16.74 feet, to the Point of Termination, the sidelines of which are lengthened or shortened to begin at said Westerly line, and end at a line perpendicular to the Point of Termination, containing 0.01 acre (335 square feet), and is subject to easement and restrictions of record. A depiction of the easement area is shown on a portion of the easement plat which has been prepared by MMS Consultants and which is attached hereto, marked Exhibit "B ", and by this reference made a part hereof. GRANTORS hereby grant to the GRANTER the described 20 -foot wide storm sewer and drainage easement over and across the easement area described above. The GRANTEE shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, pipes, and any other equipment or appurtenances necessary to construct a storm sewer and drainage easement above the surface 2 and below the surface of the ground as may be necessary, reasonable and appropriate. GRANTEE shall have the right to trim, cut down and remove any trees, brush, saplings, or bushes as may interfere with said easement but only relating to those trees, saplings, bushes and brush which are within the easement boundaries. GRANTORS, their successors and assigns, reserve the right to use the easement area for purposes which will not unreasonably interfere with the GRANTEE'S rights granted hereby. It is understood that there shall not be any walls, reservoirs, structures or other obstructions constructed on the easement area, nor shall any permanent dwelling be constructed on the easement area, nor shall any trees be planted within the easement area without the written authorization of the GRANTEE. GRANTORS reserve reasonable rights of access and passage over the easement parcel, and GRANTEE hereby has the rights of ingress and egress and access and passage over said easement parcel for the purpose of maintaining and repairing the easement and installing capital improvements thereto necessary to preserve said easement. The GRANTEE shall assume, pay for and hold GRANTORS harmless from all reasonable costs associated with the easement rights and maintenance responsibilities granted herein. This agreement shall bind and inure to the benefit of the respective heirs, devisees, personal representatives, successors and assigns of the par-cies. 3 .1 Dated this 3 day of jge,TU %2K , 2008. HENDRICKSON ENTERPRISES, INC. By: Hendrickson r ident and Secretary STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) This instrument was acknowledged before me on the 3 day of 2008, by J. W. Hendrickson as president and secretary of Hendrickson Enterprises, Inc. JEAN aMw > ?� �n y laelon Nuinar 7S2{9i � Z Notarl ublic, State of Iowa STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) This instrument was acknowledged before me on the /Oy day of DVg'72i 2008, by Frederic Reed Carlson and Sandra M. Carlson. Bradford A .Carlson NOTARIAL SEAL a IOWA A"#2 commission Numbr 740482 My Commission Expires 2nd Day of Mry ;Opg jan /rbh /hendrickson /carison storm sewer easement 9 -29 -08 0 0 LEGAL DESCRIPTION The southwest quarter of the northeast quarter of the northwest quarter of Section 16, Township 79 North, Range 6 !Vest of the 5th P.M. excepting therefrom the following: Commencing at the northeast corner of the said southwest quarter of the northeast quarter of the northwest quarter of said Section 16, thence westerly along the north line of said southwest quarter of northeast quarter of northwest quarter of Section 16, 200 feet, thence south (including angle 88 degrees 17 minutes) 170 feet, thence easterly parallel with said north line 200 feet to a point 164 feet south of the point of beginning, thence northerly 164 feet to the point of beginning, as shown by plat recorded in Plat book 4, page 245, Plat Records of Johnson County, Iowa, subject to easement as shown of record. Also excepting therefrom: Commencing at the Southeast Corner of Lot 412, University Heights Third Subdivision, as shown on the plat thereof recorded in Plat Book 3, Page 140, Plat Records of Johnson County, Iowa; thence South 240 feet to the place of beginning; thence West parallel to the South line of said Lot 412, University Heights, Third Subdivision, 124.2 feet; thence South 80 feet; thence East 124.2 feet; thence North 80 feet to the place of beginning. Also Including: Lot 426, University Heights Third Subdivision, University Heights, according to the plat thereof recorded in Book 3, Page 140, Plat Records of Johnson County, Iowa. And Also including: Commencing at the southeast corner of Lot 412, University Heights Third Sub- division, as shown on the plat thereof recorded in Plat Book 3, Page 140, Plat Records of Johnson County, Iowa; thence South 240 feet to the place of beginning; thence west parallel with the south line of said Lot 412, University Heights Third Sub - division, 124.2 feet, thence south 80 feet, thence east 124.2 feet, thence north 80 feet to the place of beginning. ALSO DESCRIBED AS FOLLOWS: A PORTION OF THE Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 16, Township 79 North, Range 6 west, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the North Quarter Corner of Section 16, Township 79 North, Range 6 west, of the Fifth Principal Meridian; Thence N89 20153 11W, along the North Line of the Northwest Quarter of said Section 16, a distance of 656.25 feet; Thence S03 16155 11E, 829.73 feet, to the Point of Beginning; Thence continuing S03 16155 "E, 494.55 feet, to a Point on the North Line of Lot 7, of Part Four Terrace Hill, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 6 at Page 80 of the Records of the Johnson County Recorder's Office; Thence N90 00100 11W. along said North Line, and the North Line of Auditor's Parcel No. 1001, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 33, at page 168, of the Records of the Johnson County Recorder's Office, and the North Line of Tower Addition, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 4 at Page 329 of the Records of the Johnson County Recorder's Office, a distance of 685.79 feet, to the Southeast Corner of University Heights Subdivision, University Heights, Iowa, in accordance with the Plat thereof Recorded in Plat Book 2 at Page 72 of the Records of the Johnson County Recorder's Office; Thence NO1 46119 "W along the East Line of said University Heights Subdivision, 659.30 feet, to the Southwest Corner of Leamer Court Addition, University Heights, Iowa, in accordance with the Plat thereof Recorded in Plat Book 4 at Page 268 of the Records of the Johnson County Recorder's Office; Thence S89 52'14 11E, along the South Line of said Leamer Court Addition, and the South Line of University Heights 3rd Subdivision, University Heights, Iowa, in accordance with the Plat thereof Recorded in Plat Book 3 at Page 140 of the Records of the Johnson County Recorder's Office, a distance of 418.47 feet, to the Southwest Corner of Lot 426 of said University Heights 3rd Subdivision; Thence NO2 18112 "W, along the West Line of said Lot 426, a distance of 15.01 feet, to the Northwest Corner thereof; Thence S89 52' 14 "E, along the North Line of said Lot 426, a distance of 50.01 feet, to the Northeast Corner thereof; Thence S02 18'12 "E, along the East Line of said Lot 426, a distance of 15.01 feet, to the Southeast Corner thereof and the Northwest Corner of the Parcel of Land shown on the Plat of Survey, in accordance with the Plat thereof Recorded in Plat Book 4, at page 225, of the Records of the Johnson County Recorder's Office; Thence S02 18112 "E along the West Line of said Parcel and the West Line of the Parcel of Land shown on the Plat of Survey, in accordance with the Plat thereof Recorded in Plat Book 4 at Page 245 of the Records of the Johnson County Recorder's Office, a distance of 170.00 feet, to the Southwest Corner thereof; Thence N88 23'38 "E, along the South Line of said Parcel, 202.63 feet, to said Point of Beginning. Said Tract of land contains 9.48 acres, and is subject to easements and restrictions of record. Dml /RBH /Subdivisions /Lytham 0908 LegalDesc E xkA 1511 A V 1 °m wom y F—WW wp3 �' �i >W Q H (o ONE u yom § Z�? O�� O it z J �F Nam g moo' s w�� p��Z TI! mix r.(o �)o ooz a� Nay A �Q o Q¢E—Z a.WW 3x3 n o 5y s v o$d WtnQ <z0 OO'p o o° $ d cti 1V) rcZ'Z O OOOOus g3Wgzo?w pH, �rE ap � "'flw z1 11 1121 Q I III Ili Q I Y et Z 0 o I l l W � II► 11 , - Eg �c3 YC i� 'e$ e$ 8 E 558 8ss 5m� 8� 5K� � I i I i I I I I i I i i I = u, ;Ea I — L _l ry` Ens ^ I ia� j f'� R Llz fibs kl.'t d e If6I9' � y Y FOIE e a '. � m OA V� �l "Y o awn a 2z Op O�NG6 NZW`o _ Y na > �nac��� Q)(b , Fl o�� o WIP, 'i2 RFGQCB v R.tr t 'l' £ '.1 F =�. !�7_ P�5>I G?l �! l/.M'£3c Fri_ Exhibit "B" .x.r- A _, w•.Y . l = u, ;Ea I — L _l ry` Ens ^ I ia� j f'� R Llz fibs kl.'t d e If6I9' � y z FOIE e a '. OA V� �l > �nac��� Q)(b , Fl o�� o WIP, 'i2 RFGQCB v R.tr t 'l' £ '.1 F =�. !�7_ P�5>I G?l �! l/.M'£3c Fri_ Exhibit "B" .x.r- A _, w•.Y . l = u, — L _l I j Llz If6I9' � y z I OA V� > �nac��� Q)(b , Fl o�� o WIP, 'i2 RFGQCB v R.tr t 'l' £ '.1 F =�. !�7_ P�5>I G?l �! l/.M'£3c Fri_ Exhibit "B" .x.r- A _, w•.Y . l RELEASE OF PERPETUAL EASEMENT R E C I T A L S A. A Deed of Easement was given on March 19, 1971, from Ella M. Neuzil, a widow, to Vivian M. Smith. Said easement is for road, access and egress purposes, is 50 feet wide and extends south 70 feet from the boundary between Iowa City and University Heights as shown on a plat of the Extension of Olive Court on a plat recorded in Book 4, at page 245, Johnson County, Iowa, Recorder's Office. A true and correct copy of said easement is attached as Exhibit "A" and is, by this reference, made a part hereof. The easement arose in a 1952 deed recorded in 'Book 206, page 321, and, again, in a subsequent deed recorded in Book'202, page 490, and another in Book4214, at Page 322. B. Attached, marked Exhibit "B" and by this reference made a part hereof is the plat referenced above recorded in Book 4, page 245, records of the Johnson County, Iowa, Recorder's Office. The Extension of Olive Court on this plat has been cross - hatched for easier identification. This easement was granted for the benefit of the owners of of the two lots south of Lot 411, University Heights Third Addition and east of Olive Street extended. C. Attached hereto, marked Exhibit "C" is a portion of the Final Plat of Hendrickson Lytham Condominiums. D. The owners of one of the lots south of said Lot 411 are Raghav Raj Gupta and Hema Gupta, husband and wife, and Mukund Gupta and Brinda T. Gupta, husband and wife, Jerry E. Wear (spouse: Vicki D. Wear) and Ryan E. Wear (spouse: Ashley Wear). The Guptas own Parcel Nos. 1016209003 and 1016209004. These have the street addresses of 86 Olive Court and 82 Olive Court, respectively. Jerry E. Wear and Ryan E. Wear own Parcel No. 1016209002 with a street address of 80 Olive Court. E. The owners have been requested to release the perpetual easement referenced above, and are willing to do so. The purpose of this document is to constitute said release. RELEASE OF PERPETUAL EASEMENT 1. The undersigned agree that the above facts stated in the recitals are true and correct. 2. The undersigned acknowledge that Olive Court will be paved and a new street will be installed in front- of their lot, q/ and in consideration for same are willing to release the perpetual easement described above. 3. The undersigned hereby release all of their right, title, and interest in and to the 1971 perpetual easement referenced above, and further hereby release any grants of this easement appearing in any instrument of record in Johnson County, Iowa, including but not limited to deeds recorded in Book 206, at page 321, in Book 202, at page 490, and in Book 214, at page 322. It is the intent of the undersigned that this release shall be binding upon their successors and assigns. Jerry E. Wear R4n7E. Wear V i D - V\14� Qv- Vicki D. Wear Ashley W Releasing spousal interests only. Releasing spousal interests only. STATE OF IOWA ) SS: COUNTY OF JOHNSON ) This instrument was acknowledged before 2 E%AerrX4ES RMffIDt§ cki D. Wear, Commission Number 731900 My Commission Expires STATE OF IOWA ) SS; COUNTY OF JOHNSON ) me on the � day of [/ husband and wife. Notary Public in and for the State of Iowa This instrument was acknowledged before me on the day of C;ftbe1/ , 2008, by Ryan E. Wear and Ashley Wear, husband and wife. Dml /RMI /Hendrickson 0908 EsmtRel Wear FOAts KATIE SCHNEIDER o� C nn;sion Number 731980 x " My Gornmission Expires /owr' 12_lltn t _ 11 Notary Public in and for the State of Iowa V v ' �JN/VEPH /TY HE /BHT9 I '.� t •jl I i Lor 4/Z I � �' I Lor 4// - �n ' � " Cor. Poet runt / DI7 �� h6r /h Lie ONiLi, NE'N. NN:6 I s�Cp 33y I >- y v _ JOHNSON CJUNTY, IOWA - -- �°�` vf�_°'" as vunlY o[ Jetoam FlLED���y1pt+ 'yppCDRD / /E /// PLAT dtla Sr de rveH4 dLl tL a6o'a Plod tae 4w /.T - i(- -M - )"r' OF PART OF THE SW %Q - N� jFj ' and wrraed ropy or awq wNa aeda by aa. NDV 19 ,n52 /,�Y NW %a of Sec.'r"1 6 ��/J /)�. "� }mad 1j��f'- �-v� -� / ' v�pp� o -q;� veyb �'/CBT LUGRJ TWP - 'eoDacnw aad awn w bfon d w- 17 dy i JOHN ®pN COVNTY, /OWR f 6996• �- __1lnrnmLer_ _-__ -✓ �: czr m .nse . `FSObA Carl S• KrSn el ( Ben,) }`C v Ln 0 N tJ L^ m J 656.25' N89'20' :3'',9 2Q. I� 0 I W !P m `fit I ��. LS 15011 5 512E - I S0' UPUTY EASEMENT Iii N V Le C Q�G o ccz AS o Ipl w Q - - -- �- ,—RC :RIA1ZE -fluff TIE PLAT ~Tt;E.,W 3HO SUS 31 D / �� IIII L)� �• �l uCo /l1U RE(,g2pffp :N PLAT (k AT Pq'{ 1F$ Gr if1E RE(gRp` A:C.'.�1 A - -•• A.- 4 "x. i� 6r- Tre ,tom . Re �aNn caznER's * - 4i5�cJ S89.52'14"E w --- 50.0i" _- 4021812 'W 2Q. I� 0 I W !P m `fit I ��. LS 15011 5 512E - I S0' UPUTY EASEMENT Iii N � �IoIN �IAI Ipl 1�I ?44 32 5.0 ULp T, EASEMENT iAS CU ?'* EkSTNG 5' VtEmc Ial o h) EASEMENT Iz F /�C3 1 1\C Ip.O_VT ` n n \ N' ♦ n K1-\ ♦ n CS I •5P - . _ a OUTLOT A °o TO BE DEDICATED To ^? ADJACENT PROPERTY OWNER \ I m � Ell 7AI L _ LOT 1 INI, >R P 0.95 AC s R A%" - "J4AIanC i l ' 15EVi,l / 2Z7 2i 10 b: i EASENE4i N 106 SF 1 `m OUFLOT B 1 ' TO BE DEDICATED TO -.1 o ADJACENT PROPERTY OWNER n 0 A\ TAR. St Z A•.: q . -... -488 SF; .:1488'23'33' 202.63' R CASrVENi_ "'""�• / �L135 pkA,A [ A} SEWER I I I EXSJ \G 4C9 SS A %D 1\ 1 ACCESS EASEV \ I EA$["UENT EGRESS cP< N \ \ l •v\ Hw 1/4 TO NE RE ASED nneHs)w , WARRA\T\ VEEP n5r'N' / - -z-�_ II1I�V ITWOIUJ I I N.K1C 232 A- FAQ j jL102' .��CP�tI�` �j 0� L 2 �3 e� I• ~ ENO COtIS1M1cTI0N 70.111 9 I 5^o r1• . 2N1THw THESE LIMITS S6fi a5 2W 6 I 51 - 9 -_ S]8'ai 5 'w _ L121^ v 10, 11 _ $ S 14 1A VA \A EN "ON F tN . r s>• < "bl0'J9'W __�20535• AT, � 200 STORM Sr_AF4' { I l �� -i• 1-` l AAD DRNhAC•L �'` _ LI13 1 �P L12)VExT �� CS I 4 SEVrtN WITNW� 2S.0 3TOR ,1i TRvDLWIN I`" \ \1rY'/ „ar 3�_'ti .� -. --r AND DRANACE EASEVENr I SAA'49'SYx �• / 113^ LIJ� 48.18' r -- x.-158 r� LIDO � / 20.0' siORN SEY.{R _._ ._. 3,; / \•f ' / AND DRAINAGE EXSIING 32 'ANI Aqv SEA RAW EAMENT LOT 2 I o.'.- E %ISPNG !ECTRIC EA }4 4T o ' SAN, S•v.�,2 5' ELEcmlc I clm� .'A -XACC AaJ AaESS 1 ` n' EASEMENT 10.0' STORM SE'Ar,q, M',NI —� n' 7.10 AC , WATERVN.h ANON \ \ 1 JgLIrY EASEMENT /� � WTIUU THESE �1/WTS 322. 51 T N.Y ILli T A9`EMENI o P S90,00 Oti L MAN TfA AVENUE ' I �l U - -- _ - rAIE4MA A4J 392.4:1 i— — - AA. M_\ �_ POlhf Of PI p NO CONSmuGl( u Win" THESE U/ITS m N At � M 1 ` �Y 3 A \ p (Page 1 of 1) IIIIIIIIIIIIIIIIIVIII�IIIIIIIIXIIIIIOIIIIIIIIIIIIIOIIIIiIIIi�IIIIIIIIIIIII Doc ID: 021364560001 Tvoe: GEN Recorded: 01/26/2008 at 02:12:48 PM Fee Amt: $12.00 Pace i of i Johnson County Iowa Kim Painter County Recorder SK4385 Po68 R. Bruce Haupert Return To: R. Bruce Haupert, 222 S. Urn St „P.O. Box 2447, Iowa City, IA 52244 -2447, (319) 338 -7551 Preparer: R. Bruce Haupert, 222 S. Linn St.,P.O. Box 2447, Iowa City, IA 52244-2447,(319) 338 -7551 Taxpayer: Hendrickson Enterprises, Inc., 2601 Flagstone Court, Coralville, Iowa 52241 QUIT CLAIM DEED For the consideration of - -ONE -- Dollar and other valuable consideration, Hendrickson Enterprises, Inc. do hereby Quit Claim to Jerry E. Wear and Ryan E. Wear, all our right, title, interest, estate, claim and demand in the following described real estate in JOHNSON County, Iowa: Outlet A as shown on a Final Plat of Lytham Condominiums which plat has been recorded in the office of the Johnson County Recorder in Book 53 , at Page Mt-p I subject to easements and restrictions of record. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: I. P-Z STATE OF IOWA, COUNTY OF JOHNSON This instrument was acknowledged before by Jeff Hendrickson as President of Hendri on q.BRUCEHAUPER7 ((�( '000655 /Wpuet 31, 2010 RBH:dml laDocsSvd /Hendrickson 1008 QCD Wear HE =RICKSON TERPRISES, INC. By: ff H ndrickson, President IN (Page 1 of 1) I�f�III11��lIq I�ItlIII�I�llllll III I�Ill�lnl I�I�III III��I�IIIIIIIIII Recorded: 01%26%2009edtT02B15�21 PM Pee Amt: $12,0o Page t of t KimnPainter County rows SK 4385 Pa69 R. Bruce Haupert Return To: R. Bruce Haupert, 222 S. Linn St.,P.O. Box 2447, Iowa City, IA 52244 -2447, (319) 338 -7551 Preparer: R. Bruce Haupert, 222 S. Linn St,P.O. Box 2447, Iowa City, IA 52244 -2447, (319) 338 -7551 Taxpayer, Hendrickson Enterprises, Inc., 2601 Flagstone Court, Coralville, Iowa 52241 QUIT CLAIM DEED For the consideration of - -ONE -- Dollar and other valuable consideration, Hendrickson Enterprises, Inc. do hereby Quit Claim to an undivided one -half interest in Raghav Raj Gupta and Hema Gupta, husband and wife as joint tenants with full rights of survivorship and not as tenants in common; and an undivided one -half interest in Mukund Gupta and Brinda T. Gupta, husband and wife, as joint tenants with full rights of survivorship and not as tenants in common, all our right, title, interest, estate, claim and demand in the following described real estate in JOHNSON County, Iowa: Outlot B as shown on a Final Plat of Lytham Condominiums which lat has been recorded in the office of the Johnson County Recorder in Book 53 , at Page -5b4 , subject to easements and restrictions of record. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: I. 2 Z HENDRICKSON ENTERPRISES, INC. By Jef Hendrickson, President STATE OF IOWA, COUNTY OF JOHNSON This instrument was acknowledged before me on Ut 22, 241, by Jeff Hendrickson as President of Hendrickson Enterprise c. 4 R, BRUCE AUPERT F Commissbn Number 000655 ' MYConunmalon Evres No y Public RBH:dml Ito* 31, solo IaDocsSvd /Hendrickson 1008 QCD Gupta V (I- P. Doc ID: 021365070008 TVDe: GEN Recorded: 01/27/2009 at 10:02:23 AN Fee Amt: $42.00 Pace 1 of 8 Johnson County Iowa Kim Painter Countv Recorder BK4385 PG553.560 STATE OF IOWA ) ) SS JOHNSON COUNTY ) 1 r i �r w°014i 1Be 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. Kan-, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No. 08 -4298 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 4th day of March, 2008, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 26th day of January, 2009. Marian . Karr City Clerk \ord ?J Prepared by: Adam Ralston, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 ORDINANCE NO. 08 -4298 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 4.40 ACRES OF LAND AT 2815 ROHRET ROAD FROM LOW- DENSITY SINGLE - FAMILY RESIDENTIAL (RS -5) TO COMMERCIAL OFFICE (CO -1). (REZ07- 00016) WHEREAS, the applicant, Hodge Construction, has requested a rezoning of properties located at 2815 Rohret Road from Low - Density Single - Family Residential (RS -5) to Commercial Office (CO -1); and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan; and WHEREAS, the Comprehensive Plan indicates that this parcel is appropriate for uses consistent with the CO -1 zone; and WHEREAS, Iowa Code §414.5 (2005) 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 Planning and Zoning Commission has recommended that conditions be placed on the development of this property to ensure that it is compatible with the adjacent residential neighborhood; and WHEREAS, the 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 and WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed rezoning; and 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 property described below is hereby reclassified from its current zoning classification of Low - Density Single - Family Residential (RS -5) to Commercial Office (CO -1) is hereby approved: A portion of the Southeast One - Quarter of the Southwest One - Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, more particularly described as follows: Commencing at the Northeast corner of the Southeast One - Quarter of the Southwest One - Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S00 012'31 "E, along the East line of said Southeast One- Quarter of the Southwest One - Quarter, 39.41 feet, to the Point of Beginning; Thence continuing S00012'31'E along said East line, 616.07 feet; Thence N47 050'48 "W, 729.53 feet; Thence N 18 °07'42 "E, 103.49 feet; Thence N87 053'54 "E, 200.08 feet; Thence N77 008'39 "E, 88.45 feet; Thence N89042'54"E, 220.21 feet, to said Point of Beginning. Said Tract of Land contains 4.40 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 111. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. 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 bylaw. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. V, Ordinance No. n9-429 Page 2 SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 4th day of March 20 a. ATTEST: CITY CLERK Approved by i A k�yz/s�1Gf�f1 City Attorney's Office �d o° �, • .. 3 Ordinance No. 08 -4298 Page 2 It was moved by champion and seconded by Wright that the Ordinance as read 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 First Consideration 2/5/2008 Vote for passage: AYES: Champion, Correia, Hayek, O'Donnell, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. Second Consideration 2/19/08 Voteforpassage: AYES: Hayek, Orponnell, Wilburn, Wright, Bailey, Champion, Correia. NAYS: None. ABSENT: None. Date published 3/12/2008 Prepared by: Adam Ralston, Planning Intern, 410 E Washington St, Iowa City, IA 52240; 319- 356 -5230 (REZ07- 000016) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City (if Iowa City, Iowa, a Municipal Corporation (hereinafter "City "), and Hodge Construction (hereinafter "Owner"). WHEREAS, the Owner is legal title holder of approximately 4.40 acres of property located south of Rohret Road, and east of Highway 218; and WHEREAS, the Owner has applied to rezone the property from Low - Density Single - Family Residential (RS -5) to Commercial Office (CO -1); and WHEREAS, the Planning and Zoning Commission has recommended approval of said rezoning subject to conditions related to ensuring that the property develops in a manner that is compatible with both the nearby residential neighborhoods and adjacent highway; and WHEREAS, Iowa Code Section 414.5 (2005) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs that are directly caused by the requested change in zoning; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure that the property develops in a manner that is compatible with both the nearby residential neighborhoods and adjacent highway; and WHEREAS, the Owner agrees to use 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. Hodge Construction is the owner and legal title holder of the property legally described as follows: LEGAL DESCRIPTION A portion of the Southeast One - Quarter of the Southwest One - Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, more particularly described as follows: Commencing at the Northeast corner of the Southeast One - Quarter of the Southwest One - Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S00 012'31 "E, along the East line of said Southeast One - Quarter of the Southwest One - Quarter, 39.41 feet, to the Point of t Conditional Zoning Agreement (REZ07- 000016) Page 2 Beginning; Thence continuing S00012'31'E along said East line, 616.07 feet; Thence N47 050'48 "W, 729.53 feet; Thence N18 °07'42 "E, 103.49 feet; Thence N87 053'54 "E, 200.08 feet; Thence N77 °08'39 "E, 88.45 feet; Thence N89 °42'54 "E, 220.21 feet, to said Point of Beginning. Said Tract of Land contains 4.40 acres and is subject to easements and restrictions of record. 2. The Parties acknowledge that Iowa Code Section 414.5 (2005) 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 directly caused by the requested change. 3. In consideration of the City's rezoning the subject property, . the Owner agrees that development of the subject property will conform to all other requirements of the Zoning Chapter, as well as the following conditions: a. Existing healthy trees within a distance of 80 feet of the Highway 218 right -of -way shall be preserved. b. Sound abating construction techniques such as use of materials that reduce interior sound levels like masonry, fiber cement siding, and laminated windows as well as a design that minimizes window, door, and vent openings that are exposed to Highway 218, shall be used if residential uses are developed on this property. c. There shall be a minimum fifty (50) foot front setback along Rohret Road. d. Parking areas shall be located behind the front plane, of the building, except for a passenger drop- off /pick -up area and a maximum of eight parking spaces. , e. Parking areas shall not be located between the east property line and any building on this property. f. Development on this property shall be in general conformance with the concept site plan attached hereto and incorporated herein. Any significant changes from the concept site plan shall require review and approval of the Planning &Zoning Commission. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code Section 414.5 (2005), and that said conditions satisfy public needs which are directly caused by the requested zoning change. 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terns 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 running with the title to the land, unless or until released of record by the City. The Parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the Parties. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or future owners from complying with all 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 .b Conditional Zoning Agreement (REZ07- 000016) Page 3 publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office at the applicant's expense. Dated this day of MA2c4 , 2008. OWNER HODGE CONSTRUCTION Michael Hodge President e . • 1 OWNER'S ACKNOWLEDGEMENT CITY OF IQWA CITY, IOWA By Marian K. Karr, City Clerk Approved by: City Attorney's Office ✓lya/ G5j State of :Tz«.0 , County of io hnso-x as: This instrument was acknowledged before me on the 2 4� day of J &A-WV 2008 by Michael Hodge, as President of Hodge Cc str n. KEVIN D. OIGMlWN �f /( 1 . Comma sidn NumOer 719806 • rMZCOrmnic±wn ExWrp i Notary i it c for th tate of Iowa My commission expires: CITY OF IOWA CITY ACKNOWLEDGEMENT: State of Iowa, County of Johnson, ss: On this f- A- day of M Rc1J 2008, before me, the undersigned, a notary public for the state of Iowa, 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, 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. WOW SONDRAE FORT commission Number 159791 Notary Public in and for the State of Iowa My Commission Expires 3 My commission expires: 3�7 /olvn `i � I Him e �q i gawo� �my�o K� O _ _• Q° /�• - {• I a a: O Y��„ l T!`: 0. tr I _ MORMON TREK VILLAGE PHASE IV -15 o pp DND 3 Dm W O { p N -y 1 /y1I OO yy 07 �3�Za y Z< �/ ^u Y•��m�o gt�i�roGl ti S ' - Doc Id 02/02/200029 Tvoe: GEN fib rill p y� Recorded: 02/02/2009 at 01:54:50 PM � i Pee Amt: $347.00 Page 1 of 29 Johnson Countv Iowa Kim Painter County Recorder BK4388 Po224 -252 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 FEE 319) 356 -5000 (319) 3S6 -5009 FAX wwv%Acgov.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.09- 3,which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 6th day of January, 2009, all as the same appears of record in my office. Also attached are the final legal documents for Mount Prospect Addition, Part IX as follows: I. Attorney's Title Opinion 2. Owner's Certificate and Dedication t c) 3. Certificate of County Treasurer 4. Certificate of County Auditor 5. Subdivider's Agreement 6, Sanitary Sewer Easement Agreement 7. Underground Utility Easements 8. Storm Sewer and Drainage Easement Agreement 9. Public Access Easement Agreement Dated at Iowa City, Iowa, this X14' day of 2009. 7e *1- � MariaroK. Karr City Clerk \Ies subdivision k Prepared by: Doug Ongie, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5230 (SU808- 00009) RESOLUTION NO. 09 -3 RESOLUTION APPROVING FINAL PLAT OF MOUNT PROSPECT ADDITION, PART IX, IOWA CITY, IOWA. WHEREAS, the owner, Todd and Debra Hahn, filed with the City Clerk the final plat of Mount Prospect Addition, Part IX, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson County, Iowa, to wit: LOT 307, MOUNT PROSPECT ADDITION, PART VIII, IOWA CITY, IOWA AS RECORDED IN BOOK 37, PAGE 269 IN THE OFFICE OF THE JOHNSON COUNTY RECORDER CONTAINING 5.21 ACRES, MORE OR LESS AND SUBJECT TO ALL EASEMENT 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 (2007) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above - described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, 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. 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. Resolution No. n9 -3 Page 2 Passed and approved this 6th day of CORPORATE SEAL ATTEST: � -e L CITY'MERK ..r. r.. .........1 O r r ��-Z — z0J City Attorney's Office �i It was moved by Champion and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek O'Donnell _x x Wilburn x Wright GAWINDOWS \Temporary Internal Res\OLKAOETinakesS0008-00009 Mount ProspedlX.doo , \ OPINION OF ATTORNEY MOUNT PROSPECT ADDITION, PART IX I, Michael J. Pugh, a regular practicing attorney in Iowa City, Johnson County, Iowa, do hereby certify that I have examined an Abstract of Title to the following described real estate, to -wit: See the attached Exhibit "A' It is hereby certified that fee simple title to said property, to become known as Mount Prospect Addition, Part IX, is in the name of The Housing Fellowship, an Iowa non - profit corporation, free and clear of all liens and encumbrances. Dated at Iowa City, Iowa, this &6 day of January, 2009. A� � Michael J. Pugh Bradley & Riley PC Tower Place One South Gilbert Street Iowa City, IA 52240 (00605924.DOC) K I�:�:u3riiv_vi LEGAL DESCRIPTION MOUNT PROSPECT ADDITION, PART IX Lot 307 Mount Prospect Addition, Part VIII, Iowa City, Iowa, according to the plat thereof recorded in Book 37, Page 269, Plat Records of Johnson County, Iowa, including the vacated right of way easement as defined on Quit Claim Deed recorded in Book 2755, Page 7, Records of the Johnson County Recorder. (00609237.DOC) k 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 OWNER'S CERTIFICATE AND DEDICATION MOUNT PROSPECT ADDITION, PART IX KNOW ALL MEN BY THESE PRESENTS: The Housing Fellowship does hereby certify and state that it is the owner and proprietor of the following described real estate situation in Johnson County, Iowa, to -wit: Lot 307 Mount Prospect Addition, Part Vlll, Iowa City, Iowa, according to the plat thereof recorded in Book 37, Page 269, Plat Records of Johnson County, Iowa, including the vacated right of way easement as defined on Quit Claim Deed recorded in Book 2755, Page 7, Records of the Johnson County Recorder. The Housing Fellowship does further state that the subdivision of said real estate as it appears on the Final Plat of Mount Prospect Addition, Part IX, to which this certification and dedication is attached, is with its free consent and in accordance with the desire of said proprietor. The street, sidewalks, easements and Outlot B in the subdivision, hereinafter known and designated as Mount Prospect Addition, Part IX, 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 proprietors have caused these presents to be signed on this ", n_ day of 1 (00605927.00C) l\ 2 THE HOUSING FELLOWSHIP, an Iowa Non - Profit Corporation By: CA4 6 Charles Eastham, President By: Christine Wolfe, Secretary CITY OF IOWA CITY, IOWA By: P nia D. Bailey, May ATTEST: By: / [�l// liil n % YC 7CCIif t� 'an K. Karr, City Clerk CORPORATE SEAL STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on the ')`J_ day of 2009 by Charles Eastham and Christine Wolfe, President anb Secretary, tespectively, of The Housing Fellowship. �Oc tary Pu c in and for said State SWGILLE E AV 1 COMAWM" w7� D�pmMr� � Z 11 {00605927.DOC} k 3 STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) On this e day of JMwneq 2009, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey 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 Regenia D. Bailey 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�yin(s SC72RAE FORT _Commission Number 159791 My Commission Expires IOWF — zl /pdb — {00605927.130C} Notary Public in and for said State A CERTIFICATE OF COUNTY TREASURER MOUNT PROSPECT ADDITION, PART IX I, the undersigned, Treasurer of Johnson County, Iowa or deputy thereof, hereby certify that the following described property, also known as Mount Prospect Addition, Part IX, is free from taxes or special assessments in the office of the Treasurer of Johnson County, Iowa: Lot 307 Mount Prospect Addition, Part VIII, Iowa City, Iowa, according to the plat thereof recorded in Book 37, Page 269, Plat Records of Johnson County, Iowa, including the vacated right of way easement as defined on Quit Claim Deed recorded in Book 2755, Page 7, Records of the Johnson County Recorder. Dated at Iowa City, Iowa this 60) day of TANUMy , 2009. Thomas L. Kriz, Treasur of Johnson County, Iowa Parcel No. 1023439001 M (00605921.DOC) 1\ CERTIFICATE OF COUNTY AUDITOR MOUNT PROSPECT ADDITION, PART IX I, Tom Slockett, the Johnson County Auditor, hereby approve of Mount Prospect Addition, Part IX, as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: Lot 307 Mount Prospect Addition, Part Vlll, Iowa City, Iowa, according to the plat thereof recorded in Book 37, Page 269, Plat Records of Johnson County, Iowa, including the vacated right of way easement as defined on Quit Claim Deed recorded in Book 2755, Page 7, Records of the Johnson County Recorder. /z Tom lockett, Johnson County Auditor go (00605919.DOC) /-& -02 Date 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 SUBDIVIDER'S AGREEMENT MOUNT PROSPECT ADDITION, PART IX THIS AGREEMENT made by and between The Housing Fellowship, 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 Mount Prospect Addition, Part IX, Iowa City, Iowa, an addition to the City of Iowa City, Iowa, the Subdivider agrees, as a covenant running with the land that, except as provided in this Agreement, the City shall not issue any building permit on any lots in said subdivision unless and until Subdivider installs and City accepts the following improvements: (a) Concrete paving at least 28 feet in width on Aniston Drive and a cul -de- sac built with a 50 foot radius. (b) Water mains, storm sewers, drainage swales, tile lines and sanitary sewers as required by the City. (c) Subdivision erosion control measures including a drainable base and tiles for Aniston Street. The storm sewers, drainage swales, tile lines, water mains, sanitary sewers, and sidewalks are hereinafter referred to as "Improvements." Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall the Subdivider (00605943.DOC) 61 -2- be deemed acting as the City's agent during the original construction and installation of said Improvements. The parties agree that the obligation to install the Public Improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Subdivider and a lien on the various lots in the subdivision until completion by the Subdivider, and until acceptance by the City, as provided by law. Section 2. Storm Water Management. The City of Iowa City installed an infrastructure constituting the South Sycamore Regional Stormwater Management Improvements which shall serve the stormwater management requirements for the subdivision. The Subdivider is responsible to install storm sewers and drainage swales which together will transport and convey stormwater from the adjoining and proposed subdivision to the South Sycamore Regional Stormwater Management Improvements. Section 3. Construction of Improvements. The Improvements described in Section 1 of this Agreement shall be constructed and installed by the Subdivider according to plans and specifications approved by the City Engineer of the City of Iowa City, who shall have the right to make occasional inspection of the work in progress. Such inspections shall not relieve or release the Subdivider from its responsibility to construct said Improvements in accordance with the approved plans and specifications. Further, said inspections shall not create a duty or warranty on the part of the City that the construction of said Improvements are in compliance with said plans and specifications. Section 4. Sidewalks. The Subdivider agrees to install sidewalks adjacent to Aniston Street. Said sidewalks shall be at least four (4) feet in width and shall be constructed according to plans and specifications approved by the City Engineer and as per Sections 14 -1 C -1, 2 and 3 and Section 14 -7C -5 of the Iowa City Code of Ordinances. Sidewalks shall be installed adjacent to each lot prior to the issuance of an occupancy permit for a building constructed on any lot in the subdivision and shall remain a lien on said lots until installed and released by the City and the release duly recorded in the Johnson County Recorder's Office as required by Section 14 -7A -6 subparagraph 6(B), Iowa City Code of Ordinances. The Subdivider further agrees to install a five (5) foot wide sidewalk on the common lot line between Lots 9 and 10, to be located within a fifteen (15) foot wide public access easement. The sidewalk shall be installed at the time a dwelling home is constructed on either Lot 9 or Lot 10. Maintenance of the sidewalk shall be shared equally by the owners of Lots 9 and 10. The City will have no duty or responsibility for said maintenance. {00605943.DOC} -3- Section 5. Building Permits and Escrow Monies. If the Subdivider should desire a building permit for a building on any lot in said subdivision before the Improvements have been installed, the Subdivider shall deposit with the Department of Housing and Inspection Services, in escrow, an amount equal to the estimated cost of constructing said Improvements plus ten percent (10 %) thereof (hereinafter "Improvements Escrow"). The City Engineer shall determine the amount of the escrow which shall be collected for each building permit issued prior to the installation of the Improvements. In addition to the Improvements Escrow, if Subdivision Erosion Control measures have not been installed, with ground cover established by growth, the City may require, as a condition to the issuance of the first building permit for construction with the subdivision, that the Subdivider deposit in escrow with the City the sum of $2,000.00 (the "Erosion Clean -up Escrow") to assure reimbursement for the cost of cleaning public streets, storm sewers, gutters or catch basins, which may be incurred by the City as a result of erosion from any lot in the Subdivision. The Subdivider shall be responsible for the cost of any such clean -up; and to the extent that the Subdivider fails to accomplish erosion clean -up after reasonable notice from the City, the City is hereby authorized but not obligated to do the work and to charge the cost thereof to the Erosion Clean -up Escrow, if adequate, and to charge any excess costs to the Subdivider. If the Erosion Clean -up Escrow is insufficient to pay the costs incurred by the City, the Subdivider shall promptly reimburse the City for the excess costs incurred. The unused balance of the Erosion Clean -up Escrow shall be returned to the Subdivider after erosion control measures have been installed, and ground cover has been established by growth. After the Erosion Clean -up and Improvements Escrows have been established, the Building Inspector of the City is authorized to issue a building permit, if the applicant is in compliance with all other applicable requirements and ordinances of the City. Section 6. Occupancy Permit. Prior to the issuance of an occupancy permit for any structure erected pursuant to Section 5, the City in its discretion may require the Subdivider, its assigns or successors in interest, to construct and install the Improvements as stated in Section 1 and the sidewalks as stated in Section 4. Section 7. Use of Escrow Monies. If, after the issuance of an occupancy permit, the Improvements have not been constructed and installed, the City may use funds deposited in the Improvements Escrow to construct and install such Improvements. If the cost of the construction and installation of said Improvements exceeds the amount of said escrows, the City shall have a lien and charge against all the lots in the subdivision for the balance of the cost. After the construction and installation of the Improvements, the City shall refund (00605943.DOC) A -4- 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 costs need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such Improvements. The cost of installing the sidewalks shall be a lien and charged only against the lot or lots abutting or in front of which sidewalks are installed. It is further agreed that this requirement to construct said Improvements and sidewalks is and shall remain a lien from date of execution and recording of this agreement until properly released, as hereinafter provided. Section 9. Release. The City agrees that when the Improvements have been installed as required to the satisfaction of the City, the City will, upon request, promptly issue to the Subdivider, for recording in the Office of the Johnson County Recorder, a good and sufficient release for the lots in the subdivision so that this Agreement will not constitute a cloud upon the title of the lots in the subdivision. The Iowa City Mayor and City Clerk are hereby authorized to execute said release, and all other necessary and appropriate releases, with the concurrence of the City Attorney and City Engineer. A separate sidewalk lien release will be issued where appropriate as set forth in Section 4. Section 10. Street Maintenance and Public Services. The Subdivider agrees that public services, including but not limited to street maintenance, traffic control, snow removal, and solid waste collection, will not be extended to the subdivision until Aniston Street is installed and accepted by the City. Section 11. Neighborhood Open Space. The City's Neighborhood Open Space Ordinance requires the dedication of .27 acres of property, or the payment of a fee in lieu thereof, in connection with the final platting of this subdivision (approximately 5.21 acres). It is agreed that said requirement shall be met by the dedication to the City of Outlot B as shown on the final plat thereof. This obligation shall bind the successors and assigns of all of parties hereto, and shall apply to and run with the land and with the title to Subdivider's adjacent land. (00605943.DOC) k - 5 - Section 12. Minimum Low Openings. Structures are certain lots shall be constructed with minimum low openings elevation as follows: Lot 2, minimum low opening elevation of 691 feet; Lot 3, minimum low opening elevation of 691 feet; Lot 8, minimum low opening elevation of 686 feet; Lot 9, minimum low opening elevation of 686 feet. Section 13. Dwelling Unit with Basements. Basements are permitted in dwelling units for all lots in the subdivision; however, basements for dwelling units on Lots 2, 3, 4, 10, 11, 12, 13, 14, 15 and 16 are subject to the following conditions and restrictions: Basements shall be equipped with a sump pump and adequate foundation the with discharge into the subsurface drainage system located adjacent to Aniston Street. Proper installation of the sump pump and foundation tile shall be the sole responsibility of the Subdivider and /or contractor, and the City shall not be responsible for inspecting the installation of the sump pump and foundation tile. Discharge of the roof drains and downspouts of dwellings into the subsurface drainage system is prohibited. To ensure compliance with these provisions concerning basements for dwellings constructed on Lots 2, 3, 4, 10, 11, 12, 13, 14, 15 and 16 in the Subdivision, the property owner's registered engineer shall certify the following: (1) There is no discharge of roof drains and downspouts of dwelling into the subdivision's subsurface drainage system; and (2) The foundation tile and sump pump have been properly installed to the subdivision's subsurface drainage system. Section 14. Miscellaneous. (a) All electrical, telephone and cable television service and distribution lines shall be installed underground. (b) Outlot "A" within the subdivision shall be conveyed to the adjacent property owner. (c) Outlot "B" within the subdivision shall be dedicated to the City. (d) A 15' wide access easement between Lots 9 and 10 shall be granted to the City. (e) Mount Prospect Addition, Part IX is the resubdivision of Lot 307 of Mount Prospect Addition, Part VIII. It is herein noted that the following fees required for Mount Prospect Addition, Part IX were paid with the platting of Mount Prospect Addition, Part VIII and do not constitute a lien on any lots in the subdivision: {00605943.DOC} 1\ -6- - South Sycamore Sanitary Trunk Sewer tap -on fee; - Water main extension fee; - South Sycamore Regional Stormwater Management fee. Section 15. 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 't '> day of f 2009. THE HOUSING FELLOWSHIP, an Iowa Non - Profit Corporation By: az a4— Charles Eastham, President By: 0. 18 � Christine Wolfe, Secretary CITY OF IOWA CITY, IOWA By: 141"'dV;E1z IV, — ­11— Rer D. Bailey, Mayor ATTEST: By: ) ,) e- le�J 'Marian K. Karr, City Clerk CORPORATE SEAL {00605943.DOC} -7- STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on the 5 day of 2009 by Charles Eastham and Christine Wolfe, as President a d Secretary, respectively, of The Housing Fellowship. in and for said State c � m 38 1 �,,,, STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) On this (.� day of JANUAer, , 2009, before me, the undersigned, a Notary Public in and for the State of l6wa, personally appeared Regenia D. Bailey 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 Regenia D. Bailey 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. ,JVius SONDRAEFORT _ Commission Number 158781 My Commission ExPIres u 3 zoo f00605943.DOC) (�„a,a-, Fw,-b Notary Public in and for said State A 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 SANITARY SEWER EASEMENT AGREEMENT MOUNT PROSPECT ADDITION, PART IX THIS AGREEMENT, made and entered into by and between The Housing Fellowship (Subdivider), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Subdivider hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings, for the use in connection with said lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as "Sanitary Sewer Easement" as shown on the Final Plat of Mount Prospect Addition, Part IX, hereafter described as "easement area." Subdivider further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement areas and also to trim, cut down and clear away any trees on either side of said easement areas which now or hereafter in the (00605931.DOC) -2- opinion of the City may be a hazard to said easement areas, or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement areas. The City shall indemnify Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement areas. Subdivider reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Subdivider shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Fences and /or trees placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and Subdivider has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Subdivider until completion by Subdivider, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this 5d day of JCnLa 2009. {00605931.DOC} `® -3- THE HOUSING FELLOWSHIP, an Iowa Non - Profit Corporation By: ��( - Charles Eastham, President By: ? \ U' Christine Wolfe, Secretar CORPORATE SEAL. CITY 7WA CITY, IOWA ATTEST: By: i?'laA-e �r% 4) - ilrt� Rarlan K. Karr, City Clerk STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on the �� 4� day of 2009 by Charles Eastham and Christine Wolfe, President and S cretary, res ctively, of The Housing Fellowship. D {00605931.DOC} and for said State " SARA GILLETTE Comma 7 1 A 4- STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) On this 6 +ti day of 'Uavum, , 2009, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey 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 Regenia D. Bailey 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. [WI s 30NDRAE FORT Commission Number 159%97 My My ww�Cornmission F.xpues / /'�J// // 2Ge?9 {00605931.DOC} Sa- A,V, orb Notary Public in and for said State A 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 UNDERGROUND UTILITY EASEMENTS MOUNT PROSPECT ADDITION, PART IX In consideration of the approval of the Final Plat of Mount Prospect Addition, Part IX, Iowa City, Iowa, the undersigned owners hereby grant to MidAmerican Energy Company, Qwest Communications Corp. and Mediacom, and their successors, a perpetual easement upon, over, under, along and across the areas designated on the Final Plat of Mount Prospect Addition, Part IX, Iowa City, Iowa, as "Utility Easement" as located within the Subdivision. The Grantees of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purpose of serving the Subdivision and other property with electricity, gas, and communication service; the right to trim, cut down and remove such trees, brush, saplings and bushes as may interfere with the proper construction, maintenance, operation or removal of said facilities, equipment and appurtenances; and the right of ingress and egress for all of the purposes aforesaid. Grantees shall promptly backfill any trench made by them, and repair any damages caused by them within the easement areas. Grantor, its successors in interest and assigns, reserves the right to use said easement areas for purposes which will not interfere with the Grantee's full enjoyment of rights hereby granted; provided that Grantor shall not erect or construct any reservoir, retaining wall or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. No permanent dwellings or trees shall be placed on the areas so designated for utility easement but, with advance written authorization from the Grantee's (00605939.00C) z- 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 '3)IA— day of 2009. THE HOUSING FELLOWSHIP By: ca- 64e Charles Eastham, President By: Christine Wolfe, Secretary STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on the 544-- day of o,( , 2009 by Charles Eastham and Christine Wolfe, as President a d Secreta , respectively, of The Housing Fellowship. and for said SARAGILLETTE Commission NunWr 7341 Mac i (00605939.DOC7 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 SEWER AND 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 storm sewer lines, pipes, mains, conduits, and overland drainageways as the City shall from time to time elect for conveying storm water, with all necessary appliances and fittings, for the use in connection with said lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as "Storm Easement' and "Storm Sewer and Drainage Easement' as shown on the Final Plat of 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 t00605974.DOC} 2- City may be a hazard to said easement area, or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Owner reserves the right to use said easement area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement area. Fences and /or trees placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this 'v3ft -- day of U n 2009. THE HOUSING FELLOWSHIP, an Iowa Non- Profit Corporat'on By: = kZ Charles Eastham, President Christine Wolfe, (00605934.Doc)2 V CORPORATE SEAL ATTEST: By: -k . C� Ma 'an K. Karr, City Clerk STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) -3- CITY OF IOWA CITY, IOWA I 4'Rj'D.�i� - . ' This instrument was acknowledged before me on the ' +-- day of 2009 by Charles Eastham and Christine Wolfe, as President arild Secretary, Mspectively, of The Housing F 1 o ship. STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) " Not 6 Public ' and for said Sta e +' S 4swNurLETTE CommiWaiNumMr798329 �pnNWaiEi Ma On this 6 4L day of 'qA- , 2009, before me, the undersigned, a Notary Public in and for the State o owa, personally appeared Regenia D. Bailey 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 Regenia D. Bailey 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. SONDRAE FORT Commission Number 159791 SrNd�a.. My Commission Expires ew z o9 Notary Public in and for said State t00605934.i)og3 Prepared by and after Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511 recording return to: Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 PUBLIC ACCESS EASEMENT AGREEMENT MOUNT PROSPECT ADDITION, PART IX THIS AGREEMENT, made and entered into by and between The Housing Fellowship (Subdivider), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Subdivider hereby grants and conveys to the City an easement for the purpose of establishing a public trail over and across the area designated as "Public Access Easement" as shown on the Final Plat of Mount Prospect Addition, Part IX, hereafter described as "easement area." Subdivider further grants to the City: 1. The right of grading said easement area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement area and also to trim, cut down and clear away any trees on either side of said easement area which now or hereafter in the opinion of the City may be a hazard to said easement area, or which may interfere with the exercise of the City's rights hereunder in any manner. L00647114.DOC} -2- 3. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. 4. Subdivider reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Subdivider shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Fences and /or trees placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. 5. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and Subdivider has a good and lawful right to convey it, or any part thereof. 6. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Subdivider until completion by Subdivider, and until acceptance by the City, as by law provided. After a public trail is constructed by subdivider on the easement area, Subdivider shall bear the responsibility of maintaining the easement area, including snow and ice removal and general maintenance of the trail. 7. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this ! t" day of January, 2009. THE HOUSING FELLOWSHIP, an Iowa Non-Profit Corporation By: l/� 2 Charles Eastham, President By: � �%k�1 tkkc Christine Wolfe, ecr (00647114.DOC) "1 IBM CITY CORPOMTE SEAL AF OF • • CITY, IOWA By: O ✓ r Ow M-1 1F 9 e►- —X W, ATTEST: By: Ma ' n K. Karr, City Clerk STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on the S4"-- day of 2009 by Charles Eastham and Christine Wolfe, as President ` an Secretary, r &pectively, of The Housing Fellowship. tary Public in and for sal State SARA GILLETTE Co w"m NwAw 79 319 BE STATE OF IOWA ) tt ss: COUNTY OF JOHNSON ) On this 64k day of xne 2009, before me, the undersigned, a Notary Public in and for the State of of wa, personally appeared Regenia D. Bailey 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 Regenia D. Bailey 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. 440WWR ONDRAEFORT ission Number 159791 Commission Expires 2O0? Notary Public in and for said State (00647114.DOC) V\ Doc ID: 021381330008 Tvoe: GEN Recorded: 02/13/2009 at 11:05:20 AM Fee Amt: $42.00 Pace 1 of 8 Johnson Countv Iowa Kim Painter Countv Recorder BK4393 PG671.678 10- 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. 08 -234, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the I Ith day of August, 2008, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 12th day of February, 2009. Marian K. Karr City Clerk \r-es CORPORA E E SEAL 6 2f(2) Prepared by: Sara F. Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356 -5030 RESOLUTION NO. 08 -234 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A STORM SEWER AND DRAINAGE EASEMENT AGREEMENT PERTAINING TO BLOCK 40, ORIGINAL TOWN OF IOWA CITY, IOWA. WHEREAS, New Pioneer's Cooperative Society ( "New Pi ") is the owner of Lot 7, Block 40, Original Town, Iowa City, Iowa, locally known as 22 S. Van Buren; WHEREAS, the City and New Pi recently entered into an agreement for the reconstruction of the East -West alley located in Block 40, which included the installation of a storm sewer system; and WHEREAS, said reconstruction is complete and New Pi would now like to dedicate a Storm Sewer and Drainage Easement to the City; and WHEREAS, City staff has approved the location of the storm sewer and drainage easement area, as well as the associated easement agreements; and WHEREAS, the execution of said easement agreements 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 Storm Sewer and Drainage Easement Agreement pertaining to part of Block 40, Original Town, 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 11th day of ATTEST: - j `!C • ` ae yJ CITY LERK r APPROVED BY:.� yq City Attorney's Office /a//o g, J Resolution No. 08 -234 Page 2 It was moved by Champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x wpdaW&ssaryfrm1uUon -ic do NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright Prepared by and Return to: Robert J. O'Shea 2735 1'` Avenue SE Cedar Rapids IA 52402(319)866- 9277 STORM SEWER AND DRAINAGE EASEMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND NEW PIONEER'S COOPERATIVE SOCIETY PART OF BLOCK 40, ORIGINAL TOWN OF IOWA CITY, IOWA THIS AGREEMENT, made and entered into by and between New Pioneer's Cooperative Society ( "Owner "), which expression shall include successors in interest and assigns and the City of Iowa City, Iowa ( "City "), which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for the installation, replacement, maintenance and use of such storm water lines, pipes, mains, conduits, and overland drainage as the City shall from time to time elect for conveying storm water, with all necessary appliances and fittings for the use in connection with said pipe lines, together with the right of ingress and egress thereto, over and across the area designated as "Storm Sewer and Drainage Easement ", all as shown and described on the attached Exhibit "A" and referred to herein as "easement area." Owner further grants to the City: 1. The right of grading said easement area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, to cut down and clear any and all trees and brush on said easement area, and also to trim, cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of the City may be a hazard to said easement areas or which may interfere with the exercise of the City's rights hereunder in any manner The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as J expressly provided herein, the City shall have no responsibility for maintaining the easement area. Owner reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said easement areas. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that they have good title and lawful right to convey it, or any part thereof. Nothing in this agreement shall be construed to impose a requirement on the City to install the original public improvement(s) at issue herein. Nor Shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as provided by law. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this _e`day of {aYl e r 200) OWNER: New Pioneer's Cooperative Society By: - -- �, Title: en e r4 r f y STATE OF IOWA ) ) ss: JOHNSON COUNTY ) r� 9 This instrument acknowledged before me this /0_f�ay of _/ ��)r2CEiiz 20QX, by nzzcj e -of New Pioneer's Cooperative ociety. fVla {{ i12c0 ��ctri -� f <,f it [F 1,1 'ills llF K..� -l_Lh� << NL, her�z-aie Notary Public in and for State of Iowa Ll 5 City of Iowa City — B e' is D. Mayor 611ey STATE OF IOWA ) ) ss: JOHNSON COUNTY ) GORPORKI-ESSEAL ex �! yC • ktn w By :Marian K Kara,City Clerk On this 1 'day of hAG(, c,1— , 2008, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared , and �uriug , c p , to me personally known, who, being by me duly sworn, did say t K lat 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. 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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 -45, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 10th day of February, 2009, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 13th day of February, 2009. Marian -K. Karr City Clerk Ves 29 Prepared by: Dave A. Pangs, Senior Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5145 RESOLUTION NO. 09 -45 RESOLUTION APPROVING THE ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND SG LAND LC & SG LAND II LC FOR THE CONSTRUCTION OF THE IOWA RIVER BANK REPAIR PROJECT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST DOCUMENTATION OF THE SAME. WHEREAS, the City of Iowa City ( "City') desires to construct the Iowa River Bank Repair Project ( "Project "); and WHEREAS, SG Land LC & SG Land II LC ( "Owner") has agreed to grant a temporary construction easement for the purposes of accessing and constructing River Bank Repairs in connection with said Project; and WHEREAS, it is in the public interest for the City to approve the terms of the easement agreements with SG Land LC & SG Land II LC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The attached Temporary Construction Easement Agreement between the City of Iowa City and SG Land LC & SG Land II LC for the Iowa River Bank Repair are hereby approved and authorized. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest the attached agreement. The City Clerk is authorized and directed to certify a copy of this resolution for recording along with the easement agreement at City expense. Passed and approved this 10th day of #Febriaary 0 00 Approved by ATTEST: � _ __= lJvl-) CITY CLERK * m a A A , /�it(.�iOl�YI,GUDD4 P�IUer✓ City Attorney's Office a Resolution No. 09 -45 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 /resolution - ic.doc NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright a, Prepared by: Dave A. Panes, Senior Civil Engineer; 410 E. Washington St; Iowa City, IA 52240; 319 - 356 -5145 Return Address: City Anomey's Office; 410 East Washington Street, Iowa City, IA 52240 Legal Description: Auditors Parcel No. 2007065, Iowa City, Johnson County, Iowa Taxpayer Information: SG Land LC & and SG Land It LC; 755 Mormon Trek Boulevard, Iowa City, Iowa 52246 Grantor(s): SG Land LC & and SG Land II LC. Grantee(s): City of Iowa City TEMPORARY CONSTRUCTION EASEMENT AGREEMENT Iowa River Bank Repair THIS AGREEMENT, made and entered into by and between SG Land LC & and SG Land II LC, hereinafter "OWNERS ", Durham School Services, hereinafter "TENANT ", and the City of Iowa City, Iowa, a municipal corporation, hereinafter "CITY." In consideration of their mutual promises herein, OWNERS and CITY agree as follows: 1. OWNERS state and covenant that they are the owner of certain real estate described on Exhibit A attached hereto, by virtue of legal and/or equitable title, that they are lawfully seized and possessed of said real estate, and that they have good and lawful right to convey this easement. 2. OWNERS do hereby grant and convey to CITY a temporary construction easement in, over and across that portion of OWNERS' property described as "Temporary Construction Easement" and shown on Exhibit A attached hereto (hereafter "Temporary Easement ") for the purpose of facilitating CITY's construction of the Iowa River Bank Repair "public improvement ", which grant to CITY shall include the right to perform the necessary grading, excavation, piling of dirt, regrading, restoration, storage of materials and equipment, and ingress and egress of persons and equipment to the Temporary Easement Area, as needed to complete said public improvement. 3. The term of this Temporary Construction Easement will be for the period of time required by CITY to complete the construction of the public improvement, but in no event shall the duration of the Temporary Construction Easement extend beyond two (2) years from the date this Agreement is executed. 4. With respect to the Temporary Construction Easement, OWNERS grant the following rights: G 2 a. CITY shall have the right to make excavations within the Temporary Easement area, and to grade as CITY may find reasonably necessary for the construction. CITY covenants and agrees to protect such excavations during construction and to promptly fill said excavations following construction. b. CITY shall promptly backfill any trench made by it, and repair any damages caused by CITY within the Temporary Easement Area, excluding the replacement of trees, shrubs and brush in the Easement Area. Not withstanding this provision, the City shall replace trees, shrubs and brush within the Easement Area installed pursuant to the Landscape Plan for the South Gilbert Street Bus Facility dated June 26, 2007. CITY shall indemnify OWNERS against loss or damage which occurs as a result of CITY's negligent acts or omissions in the exercise of its easement rights herein. Once the Temporary Easement Area has been restored to substantially its prior condition and except as expressly provided in this Temporary Easement Agreement, CITY shall have no further responsibility for maintaining the Temporary Easement Area; C. CITY shall have the right of ingress and egress to and from the Temporary Easement Area by such route within the Temporary Easement Area as shall occasion the least practical damage and inconvenience to OWNERS, subject to the limitations set forth in Paragraph 7 below; d. CITY shall have the right to trim or remove all trees and brush which may interfere with the exercise of CITY's rights pursuant to this Temporary Easement Agreement. 5. CITY covenants and agrees that existing driveway, fences, underground drainage the or other site features, with the exception of trees, shrubs and brush, which are removed, disturbed, or visibly damaged during construction shall, to the extent reasonably possible, be replaced by CITY to conform with features or items removed during construction. CITY further agrees that all grassed areas disturbed by the construction shall be seeded within a reasonable time after construction is complete. 6. CITY covenants and agrees to remove and stockpile existing topsoil from areas to be excavated, to be used in the event of any repair. Following installation of the public improvement, all areas within the Temporary Easement Area which are disturbed will be graded to form a uniform slope, and topsoil shall be replaced and respread over disturbed areas, thereby restoring said area substantially to its prior condition, with the exception of the replacement of trees, shrubs and brush. (P CITY covenants and agrees to the following access restrictions: A. Monday - Wednesday, and Friday No heavy construction vehicle access shall be allowed along the Existing Facility Entrance (as shown on Exhibit A) prior to 9:30 a.m. and after 1:30 p.m. B. Thursdays: No heavy construction vehicle access shall be allowed along the Existing Facility Entrance (as shown on Exhibit A) prior to 9:30 a.m. and after 12:30 p.m. 8. CITY covenants and agrees to provide and place, south of the OWNERS' existing driveway on South Gilbert within the area of the existing storm sewer outlet, four (4) 10 -15 Ton loads of revetment stone in consideration of the OWNERS granting the easement rights contained herein. 9. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, shall be deemed a covenant which runs with the land and with the title to the land, and shall be recorded in the Johnson County Recorder's Office, at CITY expense. 10. TENANT acknowledges that OWNER has the right to convey this easement and agrees to abide by the terms set forth herein. SIGNED this /O day of F1 igpwAxi 2009. CORPORATE L OWNERS SG LAND LC & SG LAND II LC By- Dennis Craven, Manager CITY OF IOWA CITY PRIME) S 1 TENANT By: %A(i1jy.� r- - 'YC4AAJ DURrim SCHOOL SERVICES Marian KcKarr, City Clerk By: tw /I s /�) ec /u Curtis Wheeler, General Manager Approved by: 1�, City Attorney's Office I 30 19 �P El CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on /y day of F 2009, by Regenia D. Bailey and Marian K. Karr, as Mayor and City Clerk of the Vity of Iowa City, a municipal corporation; 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. Notary Public in and for the State of Iowa (Stamp /Seal) SONDRAE FORTzmission Numer 159791 y Commission Expires SG LAND LC ACKNOWLEDGEMENT 3��ai STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Ts instrument was acknowledged before me on /� 2009 by (�ytw`P.�— as of 5L4,1 L- st.•cd L-C- ca% "4t>r Notary Public in and for the State of Iowa 10 4ia TERESA L. MORRf.;': ^ z - Commission Number V..' ?99 (• My Commlssqon Ex( Is (Stamp or Seal) nw 1r sY•o9 SG LAND II LC ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) T is instrument was acknowledged before me on /3 , 2009 by as )VAAL"� of G L4.,a Notary Public in and for the State of Iowa o"� TERESA '-M ORROW a Commission Number 149499 My Commission Expires It 1•D I (Stamp or Seal) DURHAM SCHOOL SERVICES ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This / instrument was acknowledged before me on 13 2009 b Ai 5 W-kt& , – as 11 M-4-f q—rW aaAPy of e e Qti,�v7dao . i Notary Public in and for the State of Iowa (Stamp or Seal) f"A TERESA L. MORROW Commission Number 149499 My Com�;ssion Was 'O a 5-5 9 am u. eon — z>3�a�vi �3oao 8 e cna ome uao,u °ai' r. coin "u$a�m = 4zE I io "i_ mWO`nn r`U, — �n V ds:mo _a «ina o zaN .NVwa c�ryezmv ne «o"�`z'�ai,amNm —P =a G QN OryC 0130E Cy°o LCOV H�o ° � v� - -_ � {C �O�C]aLao -6ti4 i3 °� ;O mS Nw 4zw — Yq a'ec a"ive om 3 _ oWm3« o ea e' = °i —v w F "a Z r; csea Lcr'`o iu �ztlea �3wi n °gin° U cna °ve s °u� lu yi�oV* ?. + _ = v_uP�"a Niapz °rvnan� "eau °m oa Ewa ' q c3a �\ ac evi ✓3= .?i°�L w2 �a�NC wOi 7W ����eC '. oEd �.N .c im° — ni,�6yF4iFa vL —'vy$u ._ �F zN =d V _ Vf.] _ Novi uiy =mi o:o �-1 oaoa cua�4 .40 00 o°P° rver os °c v nm °xh nM�vm.v ° «°�.' °m u'4 z° awro-°zvw °a. °ae� I I I i i j �. U W C U 1 ddo 0 Q \l u it It Its W O Y J W J -F_�e. Doc ID: 021391160002 Tvae; GEN Recorded: 02/24/2009 at 10:50:48 AM Fee Amt: $12,00 Pace 1 of 2 Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356 -5230 Johnson Countv Iowa Kim Painter County Recorder DECISION EK4398 PG492.493 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, JANUARY 14, 2009 EMMA J. HARVAT HALL MEMBERS PRESENT: Barbara Eckstein, Edgar Thornton, Ned Wood, Terry Hora, and Caroline Sheerin 11:35a Ki MEMBERS ABSENT: None. FFR 2 3 99119 STAFF PRESENT: Sara Greenwood Hektoen, Sarah Walz, Doug Boothroy OTHERS PRESENT: Frank Gersch, Gregg Geerdes, Lori Dahlen, Joyce Barker, Craig Dahlen, Janet Dahlen, Tim Krumm, Tom Werderitsch, Mike Dahlen, Chrissy Canganelli SPECIAL EXCEPTION ITEMS: EXC08 -00017 a public hearing regarding an application submitted by John Hartson and Frank Gersch for a special exception to allow conversion of a non - conforming use from medical office to general office for property located in the Neighborhood Stabilization Residential (RNS -12) zone at 1027 Rochester Avenue. Findings of Fact: The Board finds that the subject property was established as a commercial use in the 1920s and has continued as a commercial use throughout its history. The Board finds that the building is a traditional, storefront building designed for commercial use with large display windows at the front, and that the interior of the building is divided into approximately 1,500 square feet of offices and exam rooms with a basement area used for filing, kitchen, and storage space. The Board finds that the off - street parking requirements for the general office use are less than those for medical office use —that medical office uses rely on regularly scheduled meetings with clients /patients, whereas the general office use does not rely on regular appointments with clients. The Board finds that while the property does not provide off - street parking, it is credited with ghost parking in accord with the standards for medical office use and that there is available on- street parking in the neighborhood. The Board finds that the new owners do not plan to expand the building and would be precluded by the zoning from adding addition square footage of office space as this would constitute and enlargement of the use. The Board finds that this area is fully developed and that all utilities, access roads, drainage and facilities are already provided. The Board finds that the Comprehensive plan does not address non - conforming uses but considers opportunities to reduce the demand for on street parking in the Central Planning District. Conclusions of Law: Because the subject structure is a traditional store front with an interior space divided into offices, the Board concludes that the proposed use is suitable for the structure and site. The board concludes that because the general office use requires less parking than the medical office use, that is therefore a less intense use and for this reason, the conversion to the new 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; and will not impede the normal and orderly development and 1 improvement of the surrounding property for uses permitted in the zone in which the property is located. Because the property does not provide off - street parking, the change of use will have no impact on ingress and egress. For all the above reasons, and because no expansion of the building or use is proposed the Board finds that the special exception conforms to the applicable regulations and standards of the zone in which it is located. Because the change in use would likely reduce the demand for parking associated with the property, the Board concludes that the conversion to a general office use is consistent with the Comprehensive Plan. Disposition: By a vote of 5 -0 the Board approves EXC08- 00017, an application submitted by John Hartson and Frank Gersch for a special exception to allow conversion of a non- conforming use from medical office to general office for property located in the Neighborhood Stabilization Residential (RNS -12) zone at 1027 Rochester Avenue. APPEALS APL08 -00001 — Public hearing regarding an application submitted by Michael and Jan Dahlen appealing a decision of the Building Official to grant a building permit to Shelter House for property located in the Intensive Commercial (CI -1) zone at 429 Southgate Avenue. The Board voted to defer its decision to a public meeting held on Tuesday, January 20, 2009. 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 terms of the Board's decision. City Code Section 14-8C-1E, City of Iowa City, Iowa. Gd d L2 0 , Chairperson STATE OF IOWA JOHNSON COUNTY Approved b ; m/ City Attorney's Office a11110,1 I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 14th day of January, 2009, as the same appears of record in my Office. Dated at Iowa City, this ' day of �-e_b LLa Q4 , 2009 CORPORATE Karr, City Clerk 5�Tl KT CORPORA E SEAL FEB 2 3 ?009 Coy :- •,.,: IIIIIIIIIIIIIINIIIIIINIIINIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIII Doc ID: 021391130003 Tvpe: GEN Recorded: 02/24/2009 at 10:46:32 AM Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356 -5230 Fee Amt: $17.00 Pace i of 3 Johnson Countv Iowa Kim Painter County Recorder DECISION SK4398 PG487.489 IOWA CITY BOARD OF ADJUSTMENT TUESDAY, JANUARY 20, 2009 EMMA J. HARVAT HALL MEMBERS PRESENT: Barbara Eckstein, Edgar Thornton, Ned Wood, Terry Hora, and Caroline Sheerin { t I:35a- KT MEMBERS ABSENT: None. FEB 2 3 7019 STAFF PRESENT: Sara Greenwood Hektoen, Sarah Walz OTHERS PRESENT: Tim Krumm, Greg Geerdes, other unidentified members of the public APPEALS APL08 -00001 – An application submitted by Michael and Jan Dahlen appealing a decision of the Building Official to grant a building permit to Shelter House for property located in the CI -1 zone at 429 Southgate. 1. Findings of Fact: A. The Board finds that Shelter House did not submit a shelter management plan. The Board finds that Shelter House applied for a special exception in July of 2004. The Board also finds that the Zoning Code was amended in 2005 to include the requirement of a shelter management plan when applying for special exception for a shelter use. B. The Board finds that the site plan approved by the Planning and Zoning Commission shows 21 parking spaces on the site -19 outdoor spaces and 2 garage spaces. The Board finds that a maximum of 14 employees will be present at the site at any time and that Shelter House can accommodate up to 70 residents. C. The Board finds that Shelter House submitted its application to the City for a major site plan review on October 1, 2008 and posted notice of its intention to develop the site on October 2, 2008. The Board finds that the City provided the posted notice to Shelter House. D. The Board finds that Shelter House provided the City with the name and address of the owner of record at the time it submitted its application for the site plan review. The Board finds that there is a 30' drainage easement running along the south boundary of the site. E. The Board finds that it issued a Special Exception to Shelter House on July 14, 2004. The Board finds that it did extend the expiration date of this special exception upon request from Shelter House in February 2005. The Board finds that Shelter House was given six (6) months from the date any litigation based on the special exception was finally concluded to take action to establish the use permitted by the Special Exception. The Board finds that the litigation concluded on April 9, 2008, when the Supreme Court of Iowa entered its final order on the litigation. The Board finds the Shelter House applied for site plan approval on August 27, 2008, and continued to diligently work with the City to revise the plans to meet the requirements set forth by Code and the Special Exception by engaging in on -going discussions with City staff and prompt submission of revised plans, including submission for major site plan review on October 1, 2008 when it was determined by the City that this was El required. The Board further finds that Shelter House diligently applied for a building permit and worked with the City to respond to its requested revisions. The Board finds that the Planning and Zoning Commission approved the site plan on November 6, 2008 and the Building Official issued the Building Permit on November 26, 2008. Conclusions of Law: A. The Board concludes that the Building Official did not err in issuing the building permit despite the fact that Shelter House did not submit a shelter management plan. The Board concludes that, in 2004, at the time Shelter House applied for a special exception, the specific criteria enumerated in the Iowa City Code of Ordinances did not require the submittal of a shelter management plan. The Board concludes that the zoning code was amended in 2005 to require such a plan at the time a person applies for a special exception, but that such requirements are not retroactively applied. The Board therefore concludes that Shelter House was not required to submit such a plan to the City prior to issuance of the building permit. B. The Board concludes that it was not an error to issue the building permit despite an alleged deficiency in required parking. The Board concludes that there is no deficiency in the minimum parking required, as the site plan approved by the Planning and Zoning Commission and reviewed by the Building Official prior to issuance of the building permit meets the minimum parking standard set forth in Iowa City Ordinance 14 -5A -4, Table 5A -2 for Community Service - Shelter uses (i.e. 21 spaces are required by code, and 21 spaces are provided on the site plan). The Board finds that neither the Code nor the 2004 Special Exception differentiate between indoor and outdoor parking spaces for purposes of satisfying the minimum parking requirements. The Board further finds that neither the Code nor the 2004 Special Exception distinguish or dictate how such spaces are to be used for purposes of satisfying the minimum parking requirements. C. The Board concludes that Shelter House properly provided notice to the public of its intention to develop on the site in satisfaction of Iowa City Ordinance 18 -2 -1C. The Board concludes that, under City regulations, Shelter House was not required to submit the site plan or any revisions thereof to the neighbors or other parties for review or approval. The Board concludes that Shelter House was not required to post notice every time it submitted a revised site plan to the City and submitting a revised site plan just prior to consideration by the Planning and Zoning Commission does not violate the City's ordinance requiring notice of intent to develop a site. D. The Board concludes that it was not an error to issue the building permit despite an alleged boundary dispute, as the Building Official is not in a position to resolve such a dispute between private. parties. The Board concludes that neither state nor local law requires Shelter House to prove clear title to the land at the time it applied for site plan approval. The Board further concludes that it would be a violation of Shelter House's due process rights to deny a building permit based on an alleged boundary dispute unless there was an injunction. The Board concludes that no such injunction has been issued in this matter and therefore the Building Official did not have the authority to withhold the building permit based on the alleged boundary dispute. The Board concludes that Shelter House satisfied the all requirements for providing information on ownership of the property when it provided the name and address of the owner of record of the property, as required by Iowa City Ordinance 18 -2 -2. : r I( :3 --..KY FFB 2 3 209 E. The Board concludes that Shelter House, by applying for site plan approval and diligently working on plan revisions, had taken action to establish the use within the term of the special exception and therefore the Building Official was not in error in issuing the building permit. The Board concludes that Shelter House's action to establish the use was in accordance with Iowa City Ordinance 14- 8C -1E, the 2004 Special Exception, the August 2004 letter from Senior Planner Bob Miklo, and the deadline extension granted by the Board of Adjustment in February 2005. The Board finds that the language in 14 -8C -1 E stating that an applicant shall "take action to establish the use ... such as obtaining a building permit and proceeding to completion in accordance with the term of the permit," merely provides an example and is not restrictive, and does not require the applicant to actually obtain a building permit before it can be considered to have "taken action to establish the use ". Disposition: By a vote of 1 -4, the Board denies the appeal and upholds the decision of the Building Official to issue 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. a/2o/69 Approved by ".Wo Chairperson City Attorney's Office STATE OF IOWA JOHNSON COUNTY I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its January 20, 2009, meeting, as the same appears of record in my Office. Dated at Iowa City, this 2-3'-CL day of 20__22 Marian . Karr, City Clerk CORPORATE SEAL I I: H 2 3 7l)Qq N Doc ID: 021397800008 Tvoe: GEN Recorded: 03/02/2009 at 10:36:19 AM Fee Amt: $0.00 Pace 1 of 8 Johnson Countv Iowa Kim Painter Countv Recorder BK4401 P0540 -547 410 East Washington Street ri0 fteig, Iowa City, Iowa 52240 -1826 Cr (319) 356 -5000 (319) 356 -5009 FAX 1 o www.icgov.org J ht M ` STATE OF IOWA ) 3 ) SS JOHNSON COUNTY ) Q I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution Jf attached hereto is a true and correct copy of Resolution No. 09 -53, which was passed by the -10 City Council of Iowa City, Iowa, at a regular meeting held on the 24th day of February, s 2009, all as the same appears of record in my office. 4) Dated at Iowa City, Iowa, this 26th day of February, 2009. LL i ^J V 1 Mart K. Karr City Clerk Ves • � � , � i 1 C\ Resolution No. 09 -53 Page 2 It was moved by champion and seconded by 01nonnell the Resolution be adopted, and upon roll call there were: AYES: x x x x x x wpdata/glossary /rmluUan- ic.doc NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright 2 Prepared by and Return to: Sara F.G. Hektoen, Asst. City Atty, 410 E. Washington Ave., Iowa City, IA 52241; (319)356 -5030. STORM WATER MANAGEMENT EASEMENT AGREEMENT PERTAINING TO JOINT EMERGENCY COMMUNICATION CENTER OF JOHNSON COUNTY, 4529 MELROSE AVENUE, IOWA CITY, IOWA THIS AGREEMENT, made and entered into by and among JOHNSON COUNTY, IOWA (Owner), the JOINT EMERGENCY COMMUNICATIONS SERVICES ASSOCIATION OF JOHNSON COUNTY (Lessee) and the CITY OF IOWA CITY, IOWA (the 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 and Lessee, as each entity's interest allows, hereby grant and convey to the City an easement over the area described with particularity on the Storm Water Management Easement Plat, attached hereto as Exhibit "A ", 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 therefor. Said easement shall also include the right of access to and from the easement area, for use for all purposes consistent with the grant of the easement, over the driveway that is the subject of that certain Access Easement between Owner and Lessee recorded at Book 43$111, Page 74S of the records of the Johnson County Recorder. Owner and Lessee further grant 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 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 G'� hazard to said easement area or which may interfere with the exercise of the rights hereunder in any manner. The City shall promptly backfill and compact any trench made by it, and, to the extent reasonable, repair any damages caused by it within the easement area to their prior - existing condition. The City shall indemnify Owner and Lessee 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 management easement area. The easement granted herein shall be for storm water detention service for the Joint Emergency Communication Center of Johnson County, 4529 Melrose Avenue, Iowa City. Owner and Lessee, and their successors, reserve the right to use said easement area for the storm water management requirements for 4529 Melrose Avenue, Iowa City, and for other purposes that will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner and Lessee shall not erect or construct any building, fence, retaining wall or other structure, 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 facility's capacity to detain storm water. Owner and Lessee hereby covenant with the City that they are lawfully seized and possessed of the real estate above described, and that they have a good and lawful right to convey this easement. 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 or Lessee 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 Lessee until completion and acceptance of such completed improvements by the City, as by law provided. Lessee shall, for the term of its lease and any extensions thereof, maintain the storm water management easement area. In the event the lease between Owner and Lessee terminates for whatever reason, Owner shall maintain the storm water management easement area. The maintenance shall include maintaining the groundcover, keeping the easement area free of debris that may interfere with the proper functioning and draining of the detention facility, and maintenance of the outlet and the outlet line within the detention facility in the easement area. The City shall have no obligation for storm water detention facility easement maintenance. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this day of VCBRU e, 12009 Or. �OF hl 7�MwPIF=mw,r 24 Approved by; 71a -41114 � City Attorney's Office 5111lo-) State of Iowa, County of Johnson, ss: On this -21 day of FE8P-(AAQW 2009, before me, the undersigned, a notary public for the state of Iowa, persoiYally 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, 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. $ON=RA ommissioNotary Public for the State of Iowa My Com G\ m F D e G�4 e ''JJX�,yp F $!fig s tea pill 'A e i 1 Il i ' - -- -I � I I I i 9 t j�l, z as all i Z r , 'Ill 41,111 m - ...� Lime i >Z> -4 . M € azaT�'� �o� T c 3 a a $ woo ink " V _ {( a® ��M-A �fl"i H Doc ID: 021398360009 Tvoe: GEN Recorded: 03/02/2009 at 01:14:39 PM Fee Amt: $57.00 Pace 1 of 9 Johnson Countv Iowa Kim Painter County Recorder BK4401 PG783-791 r 410 East Washington Street r EC Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org Sec FIQ hole (> 0t^ ,, '43 ro 1 dei #lo (3-2-01 / 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. 09 -62, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 24th day of February, 2009, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 26th day of February, 2009. Mai`iMfK. Karr City Clerk Ves 10aI�, 0� PMWW I '112 1� rj �� '. U Resolution No. n9 -62 Page 2 It was moved by Champion and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x vrpdata /glossary/resolullon -ic.doc NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright \0 AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE UNIVERSITY OF IOWA FOR USE OF PUBLIC RIGHTS -OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF CHILLED WATER LINES AND STEAM DISTRIBUTION LINES IN CONNECTION WITH UNIVERSITY OF IOWA'S HEATING AND COOLING SYSTEMS. SECTION I. DEFINITIONS a. "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its officers, employees and agents. b. "License Area" shall mean that area of public right -of -way depicted on Exhibits A and B, attached hereto and incorporated herein, and any additional public right -of -way the Director of Public Works has given the University written authorization to place its chilled water lines and steam distribution lines pursuant to Section 3 herein. c. "Public Improvements" shall mean any publicly -owned improvements on public property, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electrical transmission lines and equipment related thereto, cable and telephone lines and equipment related thereto. d. "University" shall mean the University of Iowa and shall include equipment owned, operated, leased, or subleased in connection with the operation and maintenance the University's chilled water distribution system and steam distribution system, and shall include, but is not limited to, chilled water pipes, chilled water manholes, steam tunnels, direct - buried steam pipe, steam vaults, ventilation chambers, access chambers and other related infrastructure. SECTION 2. BASIC GRANT University is hereby granted a license to construct, maintain, inspect, protect, repair, replace and retain chilled water line facilities and steam distribution line facilities (hereinafter "Facilities "), under, upon, along and across the License Area, subject to the regulatory powers of the City and subject to the conditions hereinafter set forth. SECTION 3. INSTALLATION, REPAIR, EXTENSION OR EXPANSION OF THE UNIVERSITY FACILITIES The University shall be required to obtain written authorization and any required permits prior to commencing any extension or expansion of its Facilities, or any major repair work or the installation of any new Facilities in the License Area. To apply for said authorization, the University shall file with the Public Works Department of the City a written statement identifying the portion of the License Area under which or upon which the University proposes to extend, expand, install or repair its Facilities. The statement shall be accompanied by a map, plan or specifications showing the proposed location of the Facility components with references to streets and alleys, existing public utilities, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground proposed for repair or installation. Such proposed Facilities shall not interfere with the reasonable and proper use, construction, reconstruction and maintenance of any public improvements, such as any existing City-owned public utility facility component or other structure upon or under the public right -of -way. If the proposed location of any Facility interferes with said public improvements, the Director of Public Works shall, within reasonable time after the filing of such authorization request, note the changes necessary to eliminate the interference and refer the same back to the University for amendment. Such map, plan, or specifications, when properly changed and corrected, shall be filed in the Public Works Department. Any project thus authorized shall remain subject to the provisions in Section 8 herein and shall be in accordance with the approved maps, plans and specifications. No excavation, construction or erection shall be commenced before the University receives written authorization and all necessary permits unless such action is in response to an emergency as provided for in Section 5. SECTION 4. CONSTRUCTION AND REPAIR OF UNIVERSITY FACILITIES Any excavation or obstruction made or placed in public right -of -way performed by the University in exercise of the license rights granted herein shall, to protect the public and assure the safe and efficient movement of traffic, be properly barricaded at a minimum in accordance with requirements set forth in the Manua/ on Uniform Traffic Control Devices. All pavement taken up or damaged shall be properly and speedily replaced in accordance with the City's regulations, City's Municipal Design Standards and Standard Construction Specifications, and warranted for a period of five (5) years. In consideration for the rights granted herein, the University shall, at its own expense, repair or cause repair to any public utility system component, public improvement or public right -of -way damaged during the course of the University exercising the rights granted herein. If the University fails to repair or cause such repair, the City may make such repairs at the expense of the University after providing the University's designated representative with thirty days written notice. The University shall pay to the City its costs and charges for such work within sixty (60) days after receipt of the City's billing. SECTION 5. EXCAVATIONS The University is authorized to make excavations in City within the License Area for purposes of routine repair, replacement, and maintenance of wires, lines or other system components associated with the chilled water lines and steam distribution lines, subject to the conditions contained herein. In making such excavations, the University shall obtain a permit pursuant to City Ordinances and Regulations, shall not unnecessarily obstruct the use of streets, avenues, alleys or public places, shall provide the Public Works Director with twenty-four (24) hours notice prior to the actual commencement of the work, and shall comply with all City provisions, requirements and regulations in performing such work. However, three (3) day notice shall be provided to the Public Works Director for any work requiring a street closure or detour. In emergencies which require immediate excavation, the University may proceed with the work without first applying for or obtaining the permit, provided, however, that the University shall apply for and obtain the permit the next business day after commencing such emergency work. Excavations shall not remain open for more than five (5) working days without prior City approval. Failure to Comply; Remedies. If the University fails to comply with the provisions of this Section, the City may repair or restore the disturbed area to a condition as good as the condition of the property prior to the disturbance by the University. The University shall pay the costs of such repair or restoration. The University shall pay to the City its costs and charges for such work within sixty (60) days after receipt of the City's billing. SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS The City reserves the right to lay, and permit to be laid chilled water pipes, chilled water manholes, steam tunnels, direct - buried steam pipe, steam vaults, ventilation chambers, access chamber and other related infrastructure, and to do, or permit to be done, any underground and overhead installation of improvement that may be deemed necessary or proper by the City in, across, along, over or under any public right -of -way occupied by the University, and to change any curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall not be liable to the University for any damages arising out of the performance of such work by other parties. Nothing in this agreement shall be construed to relieve other persons or corporations from liability for damage to the University's facilities. SECTION 7. UNIVERSITY CONTRACTORS 2 \Q The requirements of this agreement shall apply to all persons, agents, independent contractors, firms or corporations performing work for the University under a contract, subcontract, time and materials arrangement or other type of work order. SECTION 8. CONDITIONS OF STREET OCCUPANCY The chilled water lines and steam distribution lines and other components of the Facilities erected by the University within the City shall conform to established grades of streets, alleys and sidewalks, and be so located as to cause minimum interference with the rights or reasonable convenience of property owners who adjoin the License Area. The University shall conduct its work hereunder in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the Director of Public Works. The University shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its Facilities in, on, over or under the License Area in such manner as the City may at any time require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such public right -of -way and for the purpose of facilitating the vacation and /or redevelopment of City-owned public property or public right -of -way by the City. In the event the University fails to act within a reasonably allocated time, the City may cause the University Facilities to be relocated, and the costs thereof shall be to the University and shall be paid as provided in Section 5 hereof. Claims for delay of work from contractors employed by the City that are a result of University's failure to act within a reasonable time shall be the responsibility of the University. In the case of Public Works projects, reasonable time shall be defined as the six week period from the date of the public hearing. The University shall not place its Facilities in the License Area where the same will interfere with the normal use or maintenance of any public improvement, including but not limited to streets, alleys sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, electrical transmission lines or any public utility facility. University shall maintain a five (5) foot minimum horizontal clearance from any public utility, including water mains, storm sewers, sanitary sewers, and storm drains. The University shall not place identification signs within the public right -of -way. Upon request, the University agrees to assist in locating underground facilities which are part of its system. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours after the time of request. As a condition of this agreement the University shall enroll as a member of the "Iowa One -Call System" and shall respond to all requests and notifications placed to the toll -free "One - Call" number. Installation, repair, or replacement work completed by the University or any facilities requiring excavation of City-owned public property or public right -of -way shall require University to restore and replace surface vegetation with sod and conformance with City ordinances and in accordance with standard local practices for placing sod. SECTION 9. ABANDONED FACILITIES The University shall notify the City when the Facilities are to be abandoned. The University shall remove manholes, handholes, vaults, overhead facilities and equipment related hereto, as required in conjunction with other right -of -way repair, excavation or construction unless this requirement is waived by the Director of Public Works. SECTION 10. POWERS OF CITY OF IOWA CITY NQ Nothing in this agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and public right -of -way by anyone using the same for the installation and maintenance of utility systems, including, but not limited to, fees for use of public right -of -way. Any such further regulations shall apply to University and to this agreement. SECTION 11. PLANS AND COORDINATION Upon completion of the work, the University shall promptly furnish to the City copies of "as- built" plans related to its Facilities located in the License Area. The University shall keep complete and accurate maps and records of the locations and operations of its facilities including buried abandoned facilities, in connection with this agreement. SECTION 12. VIOLATIONS OF AGREEMENT The University shall be considered in default of this Agreement if the City becomes aware of and confirms that a breach of this agreement is occurring or has occurred, or that the University has violated the relevant codes or ordinances regulating the University's operation of its Facilities or use of public right -of- way (hereinafter referred to as a "default "). In the event of such default, the City may take appropriate steps to require the University cure the default. The City shall give written notice to the University of the default, and the University shall cure such default within thirty (30) calendar days after receipt of such notice; provided, however, where any such default cannot reasonably be cured within such thirty (30) day period, the University shall proceed promptly to cure the same and prosecute such cure with due diligence and the time for curing such default shall reasonably be extended for such period of time as may be necessary to complete such cure. If the City determines that the default creates an immediate danger to public health, safety or welfare and requires immediate action, the City may provide written notice of said determination to University and immediately remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the University. If the University fails to cure a default within the time allowed, the City shall have the right to: L seek specific performance; or ii. remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the University; or iii. seek damages of such default; or iv. any combination of (i), (ii) and (iii). SECTION 13. LIABILITY, INDEMNIFICATION AND INSURANCE The University agrees to be responsible for any and all damages arising directly from negligent acts or omissions in exercising the rights granted herein. The University agrees to require contractors and subcontractors engaged in work for the University within the License Area to maintain insurance coverage during the term of their work and to provide the City with certificates of insurance satisfactory to City. SECTION 14. SEVERABILITY In the event a court of competent jurisdiction shall adjudge any provision or provisions hereof invalid or illegal, or direct a change by the University in any matter or thing herein contained, such invalidity, illegality or change shall be deemed severable and shall in no way affect the remaining provisions of this 0 \0 agreement or their validity or legality and this agreement in all other respects shall continue in full force and effect as if said provision or provisions had not been so adjudged invalid or illegal, or such change had not been directed. At the City's option, and upon a court's ruling of invalidity or illegality, the City may cause this agreement to be terminated. SECTION 15, ASSIGNMENT Neither party shall assign or otherwise transfer this agreement or any of its rights and interest to any firm, corporation or individual, without the prior written consent of the other party. SECTION 16. TERMINATION OF AGREEMENT AND VACATION OF STREETS AND ALLEYS The City may terminate this Agreement at any time upon thirty (30) days notice provided to University if the City determines that the property or public right -of -way is needed for a public purpose and should be cleared of any and all obstructions. When not in conflict with other City purpose, need or use, as long as the University exercises the rights granted to it hereunder, the City will not, by ordinance or otherwise, vacate any street, alley or public right -of -way in which the University has installed its Facilities without reserving such rights as necessary to allow continued use of such property for the said Facilities in accordance with the terms of this agreement, provided that nothing herein shall limit the City's right to require the University to relocate its Facilities as provided in Section 8 hereof. SECTION 17. DELIVERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and addressed as follows, unless indicated otherwise in the future: If to City: Public Works Director City of Iowa City City Hall 410 E. Washington Street Iowa City, IA 52240 If to University: University Business Manager University of Iowa 305 PCO Iowa City, IA 52242 Provided, however, that in case of an emergency, notices may be given verbally to the above -named persons, In such case, written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by addressee. Notice shall be deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice is received. SECTION 18. RECORDATION This agreement shall be recorded in the Johnson County Recorder's Office, at University expense. A Dated this a day of F1126RuAe,�, 2009. CI F IOWA C Re D. Bailey, Mayor Attest: .rr% eti2 VER UNISI IO NI eor a M. Hollins University Business Manager L City Clerk Approved by: City Attorney's Office i1lu� CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 04 day of �E82uA4 j, 2009, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, as contained in Resolution No. o9 -d2 and passed by the City Council, on the a4 tA day of F 2009, and that Regenia D. Bailey and Marian K. Karr acknowledged the execution said i nstrifrhent to be the voluntary act and deed and the voluntary act and deed of said corporation, by it and by them voluntarily executed. F4,00 �m SODRAE FORT ! mCwktaA F"nY� Commission Number 759781 Nota Public in and for the State of Iowa My Commission Expires ry 3 w/1 My commission expires: "L-10 11A UNIVERSITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this _ [�L day of f- v vti 2009, before me, the undersigned, a Notary Public in and for said County, in said State, pers� eared George M. Hollins., to me personally known, and, who, being by me duly sworn, did say that he is the University Business Manager of the University of Iowa, and that he has authority to act and is acting on behalf of the University of Iowa, as provided by the Board of Regents, State of Iowa, and that as such this person did execute the foregoing instrument as the voluntary act and deed of the University of Iowa, for and on behalf of the State of Iowa Board of Regents. Notary Public in and for the St te, Q �c rap r,`®R.;,0I DA K. DIE TRICH ,� f My commission expires: Con. Exp. 1 i p U: \PW \STAFF \Kim J \ROW Agreements \Temporary - Fixed \Fiber Optic \Johnson County.doc 6 \Q IIIIIIIIIIIIIIIIIVIIIVIIIVIIIIIIIIIIIIIIIIII (III)VIIIVIIIIIIIIVIIIIIIIIIII Doc ID: 021411920010 TVDe: GEN Recorded: 03/15/2009 at 02:45:17 PM Fee Amt: 852.00 Peas 1 of 10 Johnson Countv Iowa Kim Painter Countv Recorder BK4408 PG625 -634 STATE OF IOWA ) ) SS JOHNSON COUNTY ) y( C' 410 East Washington Street reE Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org I, Marian K. Kan, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No. 09 -4327 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 10th day of March, 2009, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 12th day of March, 2009. Marian K. -Karr City Clerk \ord j Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5239 (REZ08- 00012) ORDINANCE NO. 09 -4327 ORDINANCE REZONING APPROXIMATELY 2.97 ACRES LOCATED NORTHWEST OF THE INTERSECTION OF FIRST AVENUE AND HICKORY TRAIL FROM LOW DENSITY SINGLE FAMILY (RS -5) ZONE TO PLANNED DEVELOPMENT OVERLAY, MEDIUM DENSITY SINGLE FAMILY (OPD -8) ZONE. (REZ08- 00012) WHEREAS, the applicanUowner, Casey Boyd, LLC, has requested a rezoning of property located northwest of the intersection of First Avenue and Hickory Trail from Low Density Single Family (RS -5) zone to Planned Development Overlay Medium Density Single Family (OPD -8) zone; and WHEREAS, the Comprehensive Plan's design guidelines for new neighborhoods emphasize efficient and compact design with densities of 5 -7 dwelling units per acre; WHEREAS, the Northeast District Plan identifies this property as appropriate for townhouse development; and WHEREAS, the applicant has proposed townhouse -style, multi - family buildings and has clustered the buildings along First Avenue in order to provide a rear lane for vehicle access and to reserve a large portion of the lot as shared open space with recreational amenities for the residents of the development; and WHEREAS, certain variations from the underlying zoning and subdivision requirements are necessary to allow multi- family buildings and clustered development; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and site plan and determined that it complies with the Comprehensive Plan provided that it meets conditions related to buffering the park from urban development and compliance with all standards for the Planned Development Overlay; and WHEREAS, Iowa Code Section 414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the rezoning request; and WHEREAS, the applicant) owner acknowledges that certain conditions and restrictions are reasonable to ensure that development of this property as an OPD -8 zone complies with the Comprehensive Plan's vision for the Bluffwood Neighborhood as described in the Northeast District plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Low Density Single Family Residential (RS -5) zone to Planned Development Overlay Medium Density Single Family (OPD -8) zone: LOTS 39, 40, AND 41 OF FIRST AND ROCHESTER, PART ONE, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 23, AT PAGE 78, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 2.97 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION 11. VARIATIONS. The lot dimension and lot width standards set forth in Iowa City Ordinance 14- 2A -4(A) that otherwise would be required if these were individual lots in the RS -8 zone are hereby waived pursuant to Ordinance 14- 3A -4(E) and 14- 3A -4(K) in order to facilitate the development of the proposed townhouse -style Multi - Family Use units and to allow the units to be clustered together to provide shared open space and recreational amenities for the residents of the development. SECTION III. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owners expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be `-' 1) Ordinance No. 09 -4497 Page 2 invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 10th day of March, 2009. l M,4y(- / ATTEST: "• "y/ C " CLERK Ap 6ed by CORD'" TE SEAL City Attorney's Office 31(a /01 Ordinance No. 09 -4327 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 Bailey x Champion x Correia x Hayek x O'Donnell x Wilburn x Wright First Consideration 2/24/2009 Voteforpassage: AYES: Champion, Correia, Hayek, O'Donnell, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. Second Consideration --------------- - - - -- Vote for passage: Date published _3/18/2009 Moved by Wilburn, seconded by Champion, that the rule requiring ordinances to 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, Correia, Hayek, O'Donnell. Prepared by Sarah Walz, Associate Planner, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5239 (REZ08- 00012) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Casey Boyd, L.L.C., (hereinafter "Owner "); WHEREAS, Owner is the legal title holder of approximately 2.97 acres of property located at the northwest corner of First Avenue and Hickory Trail; and WHEREAS, the Owner has requested the rezoning of said property from Low Density Single Family (RS -5) zone to Planned Development Overlay Medium Density Single Family (OPD -8) zone; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding site design and building elevations, vehicular access, landscaping and common open space and amenities to serve the residents of the development, the requested OPD -8 zone is appropriate in this location to allow a townhouse -style development; and WHEREAS, Iowa Code §414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the vision for the Bluffwood Neighborhood as expressed in the Northeast District Plan; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Owner is the legal title holder of the property legally described as follows: LOTS 39, 40, AND 41 OF FIRST AND ROCHESTER, PART ONE, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 23, AT PAGE 78, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 2.97 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: ppdadMa9Vrez08 -00012 cza hickory Vail (fiml).doc 1 `\ a. Substantial compliance with the Concept Plan dated January 9, 2009, attached and incorporated herein, with regard to the layout, including the location and size of the buildings, the landscaping, and rear access drive. Any substantial deviation from the Concept Plan regarding layout, landscaping, or drive placement shall require approval by the Planning and Zoning Commission. b. Substantial compliance with the building elevations submitted February 5, 2009, and the south elevation approved by the Planning and Zoning Commission, attached and incorporated herein, which demonstrate variation in fagade; use of quality materials, including cement board siding and stone veneer; roofline; color; and window pattern in order to break up the mass of the buildings and ensure compatibility with the character of the surrounding neighborhood, including single - family areas within the neighborhood. Any substantial deviation from the submitted elevations shall require approval by the Planning and Zoning Commission. c. Staff approval of a detailed plan for the proposed shared open space, including site design, grading, materials, and specifications showing durable and architecturally and environmentally compatible amenities, access, and landscaping. Staff's decision regarding approval the plan may be appealed to the Planning and Zoning Commission. d. All landscaping (trees and shrubs) must comply with the species list provided by Johnson County Heritage Trust or similar list from the Iowa State extension. e. The driveway location must meet code requirements or the applicant must secure a minor modification to allow location of the north driveway within 25 feet of the property line. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2007), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Owner's expense. Dated this loth day of march 20 09 ppdadaVagVrez08W012 cza kdcory Owl(fiml), oc 2 \� CITY F IOWA-CIIT)Y CASE OYD, L.L.C. Rego ' Bailey, Mayor ) y: Attest: c r, . 2 Marian K. Karr, C'ty Clerk Approved by: ` 1p ®RATECity AttorneyAffice SEAL CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on nlAk-C N- /O 2009, by Regenia Bailey and Marian K. Karr, who did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily e VW Notary Public in and for the State of Iowa CASEY BOYD, L.L.C. ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY This instrument was acknowledged before me on `� ` 2009, by s (name), as the 't le) of-Casey Boyd, L.L.C. Notary b's in and for the State of to a � • 1 1 ppdadm/agVrezG8W 12 oza hickory Val(WI)doc 3 \` F--a ?�s3S S� i33 12 i�a p�s a.. EzE �E s w 3 xs9 n c k y C k k y. s +a'a x e s E a 3s s f �s eek4 gs sa y�$rc mine £n 22 caxm a 0 t �e i jq ��J I � yg& = `s I 59 act i ii I, €f 4 _e t s i jq ��J I � yg& South Elevation Approved by Planning and Zoning Commission FEB 5 2009 Doc ID: 021451500004 Tvoe: GEN Recorded: 04/24/2009 at 11:00:10 AM Fee Amt: $22,00 Peas 1 of 4 Johnson Countv Iowa Kim Painter Countv Recorder RK4426 PG48.51 STATE OF IOWA ) )SS JOHNSON COUNTY ) 410 East Washington Street FEF Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356.5009 FAX www.icgoy.org I, Marian K. Kan', City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No. 09 -4335 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20"' day of April, 2009, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 23`d day of April, 2009. M!�iJ�C// Maria Karr City Clerk \ord CORPORA E SEAS, ,v �l c Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 ORDINANCE NO. 09 -4335 AN ORDINANCE REZONING APPROXIMATELY 100 ACRES OF LAND LOCATED ON BOTH SIDES OF 420TH STREET SE, WEST OF TAFT AVENUE FROM INTERIM DEVELOPMENT(ID -I)TO GENERAL INDUSTRIAL (1- 1)(REZ09- 00002) WHEREAS, the applicant, the City of Iowa City, has requested a rezoning of approximately 100 acres of property located on both sides of 420th Street SE, west of Taft Avenue from Interim Development (ID -1) to General Industrial (1 -1); and WHEREAS, the Comprehensive Plan and the current Interim Development - Industrial zoning designation indicates that this property is appropriate for future industrial development once City services have been extended to the area; and WHEREAS, 420'" Street is scheduled to be improved to accommodate industrial traffic and City water service and other utilities will be made available to this property when the road is improved; and WHEREAS, sewer service is scheduled to be extended to this area in the near future; 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 Interim Development- Industrial (ID -1) to General Industrial (1 -1): LEGAL DESCRIPTION All that part of the Southeast Quarter (SE%) of Section 19, Township 79 North, Range 5 West of the 5th P.M., lying south of the right of way of the Chicago, Rock Island & Pacific Railway Co., running diagonally from southeast to northwest through said quarter section; also the following tract to -wit: Beginning at the northwest corner of the Northeast Quarter (NE %) of Sec. 30, Township 79 North, Range 5 West of the 5t' P.M., in the center of the public highway known as the Singleton Road, running thence south along the present fence line 1320 feet to a stake, thence east 1495.4 feet to a stake, thence north 1316 feet to the center of Singleton Road running along the north line of said quarter section, thence west along the center of said Singleton Road 1500 feet to the place of beginning, this last piece containing 45.32 acres, Johnson County, Iowa. Except:. Commencing at the southeast corner of Section 19, Township 79 North, Range 5 West of the 5t' P.M., thence North 02 °40' west along the east line of said section 544.15 feet, thence north 64 °53' west along the southerly line of the right of way of the Chicago, Rock Island & Pacific Railroad Company 686.39 feet, thence south 835.20 feet to the south line of said Section 19, thence east 647.32 feet along the section line to the point of beginning, according to plat recorded in Plat Book 5, Page 23, Plat Records of Johnson County, Iowa. And Except: Agortion of the Southeast Quarter of Section 19, Township 79 North, Range 5 West of the 5 P.M., more particularly described as follows: Commencing as a point of reference at the Southeast corner of Section 19, Township 79 North, Range 5 West of the 5h P.M., Johnson County, Iowa; thence North 89 °48' West 647.32 feet along the South line of the Southeast Quarter of said Section 19 to point of beginning of tract herein described (this is an assumed bearing for purposes of this description only); thence North 833.60 feet along the West property line of the Iowa Valley \r/ Ordinance No. O9 -4335 Page 2 of 2 Milling Company to point of intersection with the Southerly right of way line of the Chicago, Rock Island, and Pacific Railroad Company; thence North 64 049' West 370.18 feet along the Southerly right of way line of the Chicago, Rock Island & Pacific Railroad Company to a point; thence South 989.95 feet to a point of intersection with the South line of the Southeast Quarter (SEX) of said Section 19; thence South 89 °48' East 335.00 feet along the South line of the Southeast Quarter of said Section 19 to point of beginning; and containing 7.0 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 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 shalt 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 20thday of April , 2009. ATTEST: %S CITY CLERK 011 Ordinance No. 09 -4335 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 x Champion x Correia x Hayek x O'Donnell x Wilburn x Wright First Consideration 4/6/2009 Vote for passage: AYES: Wright, Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn. NAYS: None. ABSENT: None. Second Consideration --------------- - -- Vote for passage: Date published April 29, 2009 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: Wilburn, Wright, Bailey, Champion, Correia, Hayekg,0'Donnell. NAYS: None. ABSENT: None. \v M Iillllll 111111 111 11111 11111 11111 11111 11111 lliil 11111 11111 11111 11111 11111 lllillll Doc ID: 021470670009 TVA ?: GEN Recorded: 05/12/2009 at 11:19:41 AM Fee Amt: $47.00 Peas 1 of 9 Johnson Countv Iowa Kim Painter Countv Recorder 6K4435 PG217 -225 STATE OF IOWA ) )SS JOHNSON COUNTY ) 1 r i rill p y� Mal 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 No. 09 -4336 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 5th day of May, 2009, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 11 "' day of May, 2009. Karr City Clerk OVORATE SEAL \ord t ,I cv Prepared by: Christina Kuecker, Associate Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; (319)356-3243 (REZ08-0001 1) ORDINANCE NO. 09 -4336 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 0.98 ACRES OF PROPERTY LOCATED NORTH OF ROHRET ROAD FROM INTERIM DEVELOPMENT SINGLE - FAMILY RESIDENTIAL (ID -RS) TO LOW DENSITY SINGLE - FAMILY RESIDENTIAL, 40.13 ACRES FROM RURAL RESIDENTIAL (RR -1) TO LOW DENSITY SINGLE - FAMILY RESIDENTIAL (RS -5) AND 57.49 ACRES FROM LOW DENSITY SINGLE - FAMILY RESIDENTIAL TO PLANNED DEVELOPMENT OVERLAY LOW DENSITY SINGLE - FAMILY RESIDENTIAL (OPD -5). (REZ08- 00011) WHEREAS, S & J Development LLC (Owner) has requested a rezoning of property located north of Rohret Road and east of Slothower Road from Interim Development Single- Family Residential (ID -RS) to Low Density Single - Family Residential (RS -5); from Rural Residential (RR -1) to Low Density Single - Family Residential (RS -5); and from Low Density Single - Family Residential (RS -5) to Planned Development Overlay Low Density Single - Family Residential (OPD -5); and WHEREAS, the Comprehensive Plan indicates that the area is appropriate for single family housing; and WHEREAS, Owner has requested a reduction in wetland buffers and wetland mitigation, which requires a Level II Sensitive Areas Review and Planned Development Overlay Rezoning. The Planning and Zoning Commission has reviewed the requirements for wetland buffer reduction and mitigation and has found that the proposal meets the requirements as outlined in Section 14 -51 -6 of the Iowa City Zoning Code; 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 improvement of Rohret Road to City standards, approval of the wetland mitigation plan, and a plan for the long -term maintenance of the wetland by the home owners' association; and WHEREAS, Iowa Code §414.5 (2007) 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, Owner has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The properties described below are hereby reclassified: 1. From its current zoning designation of ID -RS to OPD -5 Commencing at the North Quarter Corner of Section 24, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence S89'47'1 9"E, along the North Line of the Northeast Quarter of said Section 24, a distance of 634.00 feet, to the POINT OF BEGINNING; Thence continuing S89 047'19 "E, along said North Line, 342.27 feet; Thence Southwesterly, 318.98 feet, along an arc of a 1720.00 foot radius curve, concave Northwesterly, whose 318.53 foot chord bears S62 °48'47 "W; Thence N21 052'26 "W, 158.18 feet, to said POINT OF BEGINNING, and also, Commencing at the North Quarter Corner of Section 24, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence S89 047'19 "E, along the North Line of the Northeast Quarter of said Section 24, a Ordinance No, 09 -4336 Page 2 distance of 1400.09 feet, to the POINT OF BEGINNING; Thence continuing S89 047'19 "E, along said North Line, 291.81 feet, to its intersection with the Centerline of Rohret Road; Thence S67 °18'23 "W, along said Centerline, 51.72 feet; Thence S67 000'50 "W, along said Centerline, 52.57 feet; Thence S60 026'59 "W, along said Centerline, 88.13 feet; Thence S59 056'46 "W, along said Centerline, 61.62 feet; Thence N29 033'01 "W, 133.21 feet, to said POINT OF BEGINNING, Said Parcels contain 0.98 acre, more or less, and are subject to easements and restrictions 2. From its current zoning of RR -1 to OPD -5: Commencing at the South Quarter Corner of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence N01'1 5'46"E, along the West Line of the Southeast Quarter of said Section 13, a distance of 139.57 feet, to the POINT OF BEGINNING; Thence continuing N01 °15'46 "E, along said West Line, 1420.85 feet; Thence S88 °38'52 "E, 101.15 feet; Thence S39 050'42 "E, 158.00 feet; Thence N50 °09'18 "E, 230.00 feet; Thence N33 054'18 "E, 173.50 feet; Thence S67 005'42 "E, 336.00 feet; Thence S22 °54'18 "W, 55.00 feet; Thence S07 054'18 "W, 297.07 feet; Thence S29 037'33 "W, 60.57 feet; Thence S53 °35'48 "E, 662.14 feet, to a Point on the West Line of Southwest Estates Subdivision Part Two, in accordance with the Recorded Plat thereof; Thence S68 004'47 "W, along said West Line, 60.00 feet; Thence S46 °03'38 "E, along said West Line, 330.10 feet; Thence S53 055'32 "E, along said West Line, 235.85 feet; Thence S21 °17'53 "E, along said West Line, 412.93 feet, to the Southwest Corner thereof, and a Point on the Centerline of Rohret Road; Thence S68 °42'07 "W, along said Centerline, 18.85 feet; Thence S67 °18'23 "W, along said Centerline, 79.70 feet, to its intersection with the South Line of said Southeast Quarter; Thence N89 °47'19 "W, along said South Line, 291.81 feet; Thence N29 °33'01 "W, 173.66 feet; Thence N44 °07'58 "W, 92.84 feet; Thence Southwesterly, 349.22 feet, along an arc of a 1720.00 foot radius curve, concave Northwesterly, whose 348.62 foot chord bears S51 °41'01 "W, to a point on said South Line; Thence N89 047'19 "W, along said South Line, 342.27 feet; Thence N21 °52'26 "W, 150.82 feet; Thence N12 °36'51 "W, 60.83 feet; Thence N22 017'21 "W, 135.16 feet; Thence S64 °30'09 "W, 57.17 feet; Thence S70 059'48 "W, 117.60 feet; Thence S78 000'56 "W, 223.03 feet; Thence S40 °13'58 "W, 108.48 feet; Thence S50 014'53 "E, 124.04 feet; Thence S37 018'02 "W, 15.40 feet; Thence N55 °09'02 "W, 176.92 feet, to said POINT OF BEGINNING, containing 40.13 acres, more or less, and subject to easements and restrictions of record. 3. From RS -5 to OPD -5, subject to the Conditional Zoning Agreement attached hereto and incorporated herein: Commencing at the South Quarter Corner of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence N01 °15'46 "E, along the West Line of the Southeast Quarter of said Section 13, a distance of 139.57 feet, to the POINT OF BEGINNING; Thence continuing N01 °15'46 "E, along said West Line, "2141.50 feet, to the Southwest Corner of Auditor's Parcel 2002031, in accordance with the recorded plat thereof; S89 °44'32 "E, along said South line, 361.42 feet, to the Southeast Corner thereof; Thence N01 016'10 "E, along the East line of said Auditor's Parcel, 361.50, to the Northeast corner thereof; Thence S89 °44'30 "E, 354.25 feet, to the Northwest Corner of Country Club Estates Second Addition, Iowa City, Iowa, in accordance with the recorded plat thereof; Thence S14 051'48 "E, along the West Line of said Country Club Estates Second Addition, 221.57 feet; Thence S14 °38'33 "E, along said West Line, 97.48 feet; Thence S00 007'09 "E, along said line, 75.66 feet; Thence S18 021'00 "W, along said line, 91.60 feet; Thence S20038'1 5"W, along said line, 126.29 feet; Thence S1 1037'37"W, along said line, 478.88 feet, to a point on the West Line of Country Club Estates First Addition; Thence N78 022'23 "W, along said West line 217.77 feet; Thence S33 057'16 "W, along said line, 170.83 feet; Thence S00 054'29 "W, along said line, 80.00 feet; Thence S16 043'33 "E, along said line, 83.79 feet; Thence S78 022'23 "E, along said line, 287.00 feet; Thence N11 037'37 "E, along said line, 170.36 feet; Thence S78 022'23 "E, along said South Line, 120.00 feet; Thence S1 1037'37"W, along said line, 60.33 feet; Thence S78 022'23 "E, along said line, 60.00 feet; Thence Northeasterly 39.27 feet, along said South Line and an arc of a 25.00 foot radius curve, concave Southeasterly, whose 35.36 foot chord bears N56 037'37 "E; Thence S78 °22'23 "E, along said line, 45.55 feet; Thence Southeasterly 31.07 feet, along said line and an arc of a 325.00 foot radius curve, concave Northeasterly, whose 31.06 foot chord bears S81 006'43 "E; Thence S03 °20'14 "W, along said line, 126.16 feet; Thence S88 032'31 "E, along said line, 226.92 feet, to the Northwest Corner of Auditor's Parcel 2006047, to Iowa City, Iowa, in accordance with the recorded plat thereof, Thence S01 °27'29 "E, along the West Line of said Auditor's Parcel, 10.15 feet; Thence N81 °43'30 "E, along the South Line of said Auditor's Parcel, 169.98 feet, to a Point on the West Line of Southwest Estates Subdivision Part Two, in accordance with the \J Ordinance No. 09 -4336 Page 3 Recorded Plat thereof; Thence S19 °45'01 "E, along said line, 386.21 feet; Thence S68 004'47 "W, along said West Line, 60.00 feet; Thence S46 003'38 "E, along said West Line, 330.10 feet; Thence S53 055'32 "E, along said West Line, 235.85 feet; Thence S21 °17'53 "E, along said West Line, 412.93 feet, to the Southwest Corner thereof, and a Point on the Centerline of Rohret Road; Thence S68 042'07 "W, along said Centerline, 18.85 feet; Thence S67 018'23 "W, along said Centerline, 131.42 feet; Thence N67 °00'50 "W, along said Centerline, 52.72 feet; Thence S60 °26'59 "W, along said Centerline, 88.13 feet; Thence S59 °56'46 "W, along said Centerline, 61.62 feet; Thence N29 033'01 "W, 306.87 feet; Thence N44 007'58 "W, 92.84 feet; Thence Southwesterly, 668.20 feet, along an arc of a 1720.00 foot radius curve, concave Northwesterly, whose 664.01 foot chord bears S56 059'48 "W; Thence N21 °52'26 "W, 309.00 feet; Thence N12 °36'51 "W, 60.83 feet; Thence N22 °17'21 "W, 135.16 feet; Thence S64 °30'09 "W, 57.17 feet; Thence S70 °59'48 "W, 117.60 feet; Thence S78 000'56 "W, 223.03 feet; Thence S40 °13'58 "W, 108.48 feet; Thence S50 014'53 "E, 124.04 feet; Thence S37 018'02 "W, 15.40 feet; Thence N55 °09'02 "W, 176.92 feet, to said POINT OF BEGINNING, containing 57.49 acres, more or less, and subject to easements and restrictions of record. SECTION 11. 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. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. and approved this 5thdayof Pfay 20 09 . VA ATTEST: �lti <<tz�% 7� • llif� CI T?-CLERK :d by: I ca- I I 'City Attorney's Office 1//z/06 \11J Ordinance No. 09 -4336 Page 4 It was moved by Wilburn and seconded by O'Donnell that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek x O'Donnell —x_ Wilburn x Wright First Consideration 4/6/2009 Voteforpassage: AYES: Wilburn, Bailey, Champion, Hayek, O'Donnell. NAYS: Wright, Correia. ABSENT: None. Second Consideration 4120/2009 Vote for passage: AYES: Bailey, Champion, Hayek, O'Donnell, Wilburn. NAYS: Wright, Correia. ABSENT: None. Date published 571312009 3 Prepared by: Christina Kuecker, Associate Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; (319)356-3243 (REZ08-0001 1) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and S & J Development LLC (hereinafter "Owner "). WHEREAS, Owner is the legal title holder of approximately 57.49 acres of property located north of Rohret Road and East of Slothower Road; and WHEREAS, Owner has requested the rezoning of said property from Low Density Single- Family Residential (RS -5) to Planned Development Overlay Low Density Single - Family Residential (OPD -5); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the improvement of Rohret Road to City standards, approval of the wetland mitigation plan, and a plan for the long -term maintenance of the wetlands by the home owners' association, the zoning is in conformance with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2007) 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, Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan, to address increased traffic demands by improving of Rohret Road to City standards, to provide for orderly development of the subdivision, to plan for wetland mitigation and to provide for long -term wetland maintenance; and WHEREAS, Owner agrees 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. S & J Development LLC is the legal title holder of the property legally described as follows: Commencing at the South Quarter Corner of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence N01 0 15'46 "E, along the West Line of the Southeast Quarter of said Section 13, a distance of 139.57 feet, to the POINT OF BEGINNING; Thence continuing N01 °15'46 "E, along said West Line, 2141.50 feet, to the Southwest Corner of Auditor's Parcel 2002031, in accordance with the recorded plat thereof; S89 °44'32 "E, along said South line, 361.42 feet, to the Southeast Corner thereof; Thence N01 °16'10 "E, along the East line of said Auditor's Parcel, 361.50, to the Northeast corner thereof; Thence S89 °44'30 "E, 354.25 feet, to the Northwest Corner of Country Club Estates Second Addition, Iowa City, Iowa, in accordance with the recorded plat thereof; Thence S14 °51'48 "E, along the West Line of said Country Club Estates Second Addition, 221.57 feet; Thence S14 038'33 "E, along said West Line, 97.48 feet; Thence S00 °07'09 "E, along said line, 75.66 feet; Thence S18 021'00 "W, along said line, 91.60 feet; Thence S20'38'1 5"W, along said line, 126.29 feet; Thence S1 1'37'37"W, along said line, 478.88 feet, to a point on the West Line of Country Club Estates First Addition; Thence Sit. N78 °22'23"W, along said West line 217.77 feet; Thence S33 °57'16 "W, along said line, 170.83 feet; Thence S00 °54'29 "W, along said line, 80.00 feet; Thence S16 °43'33 "E, along said line, 83.79 feet; Thence S78 °22'23 "E, along said line, 287.00 feet; Thence N11 °37'37 "E, along said line, 170.36 feet; Thence S78 °22'23 "E, along said South Line, 120.00 feet; Thence S11 °37'37 "W, along said line, 60.33 feet; Thence S78 °22'23 "E, along said line, 60.00 feet; Thence Northeasterly 39.27 feet, along said South Line and an arc of a 25.00 foot radius curve, concave Southeasterly, whose 35.36 foot chord bears N56 037'37 "E; Thence S78 °22'23 "E, along said line, 45.55 feet; Thence Southeasterly 31.07 feet, along said line and an arc of a 325.00 foot radius curve, concave Northeasterly, whose 31.06 foot chord bears S81 006'43 "E; Thence S03 020'14 "W, along said line, 126.16 feet; Thence S88 °32'31 "E, along said line, 226.92 feet, to the Northwest Corner of Auditor's Parcel 2006047, to Iowa City, Iowa, in accordance with the recorded plat thereof; Thence S01 °27'29 "E, along the West Line of said Auditor's Parcel, 10.15 feet; Thence N81 °43'30 "E, along the South Line of said Auditor's Parcel, 169.98 feet, to a Point on the West Line of Southwest Estates Subdivision Part Two, in accordance with the Recorded Plat thereof; Thence S19 °45'01 "E, along said line, 386.21 feet; Thence S68 °04'47 "W, along said West Line, 60.00 feet; Thence S46 °03'38 "E, along said West Line, 330.10 feet; Thence S53 °55'32 "E, along said West Line, 235.85 feet; Thence S21 °17'53 "E, along said West Line, 412.93 feet, to the Southwest Corner thereof, and a Point on the Centerline of Rohret Road; Thence S68 °42'07 "W, along said Centerline, 18.85 feet; Thence S67 °18'23 "W, along said Centerline, 131.42 feet; Thence N67 000'50 "W, along said Centerline, 52.72 feet; Thence S60 026'59 "W, along said Centerline, 88.13 feet; Thence S59 °56'46 "W, along said Centerline, 61.62 feet; Thence N29 033'01 "W, 306.87 feet; Thence N44 °07'58 "W, 92.84 feet; Thence Southwesterly, 668.20 feet, along an arc of a 1720.00 foot radius curve, concave Northwesterly, whose 664.01 foot chord bears S56 059'48 "W; Thence N21 °52'26 "W, 309.00 feet; Thence N12 °36'51 "W, 60.83 feet; Thence N22 °17'21 "W, 135.16 feet; Thence S64 °30'09 "W, 57.17 feet; Thence S70 °59'48 "W, 117.60 feet; Thence S78 °00'56 "W, 223.03 feet; Thence S40 °13'58 "W, 108.48 feet; Thence S50 014'53 "E, 124.04 feet; Thence S37 °18'02 "W, 15.40 feet; Thence N55 °09'02 "W, 176.92 feet, to said POINT OF BEGINNING, containing 57.49 acres, more or less, and subject to easements and restrictions of record. 2. Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Southwest District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an owner's rezoning request over and above the existing regulations in order to satisfy public needs caused by the requested change. 3. In consideration for the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all requirements of the Iowa City Zoning Code, as well as the following conditions (all lot and addition numbers are in reference to the preliminary plat received March 18, 2009): a. Owner shall, during the first phase of development, improve the portion of Rohret Road adjacent to lots 1 and 38 to City standards at Owner's expense and extend Lake Shore Drive from its current terminus to Rohret Road. b. The Wetland Mitigation Plan shall be approved by the U.S. Army Corps of Engineers. c. A long term maintenance plan for the wetland private open space by the Home Owners' Association shall be included in the Subdivider's Agreement entered into by the City and the Owner at the time the City approves the final plat for any portion of this development. 2 4. Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2007), and that said conditions satisfy public needs caused by the requested zoning change. 5. Owner 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 Agreement. 6. The parties 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 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. Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve Owner from complying with all other applicable local, state,, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at Owner's expense. Dated this G :' -day of MA s,,, 20 '09. OWNER . J Development, CITY OF IOWA CITY •"fina IIN�. �- T,enia . Bailey, By �Jf lit Approved by: City Attorney's Office LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged stir s r (name) LLC. F g SANDFIASTEIL - Commission Number 747999 w July 2 CORPORATE Stl_ before me on this 5 day of 2009, by as cue - Qr (title) of S &J Development, Notary Public in and for the State of Iowa 9 r�Z• 7�r•751]�arMMM��[�3:�.c•]7 ►�I�� 1�3�i5f�rii State of Iowa, County of Johnson, ss: On this ��` day of _Wig 2009, before me, the undersigned, a notary public for the state of Iowa, person ly ail ppeared 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, 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. f SONDRAE FORT„N^� ° Commission Number 159791 Notary Public in and for the State of Iowa My Commission Expires ry row .3 `'J7 Doc ID: 021483220011 Tvice: GEN Recorded: 05/22/2009 at 12:48:13 PM Fee Amt: $57.00 Pace 1 of 11 Johnson County Iowa Kim Painter Countv Recorder BK4441 PG834 -844 STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of Iowa City, Iowa, do attached hereto is a true and correct copy of the Resolution No City Council of Iowa City, Iowa, at a regular meeting -held on th same appears of record in my office. Dated at Iowa City, Iowa, this 215' day of May, 2009. r, / 1 oRPORATE SEAL 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org hereby certify that the Resolution . 09 -170, which was passed by the e 19'� day of May, 2009, all as the Julie aril Deputy City Clerk t(Q$ 05.19 -09 2f(4) banamwemmmm Prepared by: Sara F. Greenwood Hektoen, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319 -356 -5030 RESOLUTION NO. 09 -170 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A DRAINAGE EASEMENT AGREEMENT AND A STORM SEWER EASEMENT AGREEMENT FOR WINDSOR RIDGE- PART TWENTY `B ", IOWA CITY, IOWA. WHEREAS, the City of Iowa City has approved the site plan for the development of Windsor Ridge- Part Twenty `B ", Iowa City, Iowa; and WHEREAS, in order to facilitate the development of this site, the Owner desires to convey to the City a drainage easement and a storm sewer easement; and WHEREAS, Staff recommends entering in to the drainage easement agreement and the storm sewer easement 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 enter into the storm sewer easement agreement and the drainage easement agreement attached hereto. 2. The Mayor is hereby authorized to sign, and the City Clerk to attest said agreements. The City Clerk is hereby authorized and directed to certify a copy of this Resolution for recordation in the Johnson County Recorder's Office, together with the attached documents, said recording costs to be paid by Arlington Development, Inc. and approved this 19th day of May , 2009. ATTEST: ,�Vo� DEPUTY, C LERK �J d by City Attorney's Office \1X Resolution No. 09 -170 Page 2 It was moved by Champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: , AYES: NAYS: ABSENT: x Bailey —x— Champion x Correia x Hayek x O'Donnell x x Wright wpdafafglossai)* solo ion -iado 1� Prepared by and after Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511 recording return to: Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 DRAINAGE EASEMENT AGREEMENT WINDSOR RIDGE — PART TWENTY `°B" THIS AGREEMENT, made and entered into by and between Arlington Development, Inc. (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 grading for 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 "Drainage Easement' as shown on the Easement Plat, attached hereto as Exhibit "A" 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 unreasonable loss or damage which may occur in the negligent exercise of the easement (00659051.DOC) -2- 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 of February, 2009. ARLINGT VELOPMENT, INC. i By: Gary D. atts�, President By: V Y /��" Uohn W. Moreland, Jr., Secrelary CCITY O OWA CITY, IOW A RPOAE SEAL O r_ Zn //n 1x,,� D. Bailey, Mayor ATTEST: By: Julie K. Voppa ' ; Deputy, City t00e59051.noc)2 3- STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this +h day of February, 2009 by Gary D. Watts, as President of Arlington Development, Inc. F�nvnlWon Number 753224 �Jana ow_�0 j1r� Notary Public in and for said State STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this C5tv) day of February, 2009 by John W. Moreland, Jr. as Secretary of Arlington De cho rn rt, Inc. CAROLINE KELLER Cor Comm�ion Expires Notary Public in and for said State s ow ARCH q,Tolo STATE OF IOWA ) ss: COUNTY OF JOHNSON "/ sr-- On this 1q day of Fvbruary, 2009 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Regenia Bailey and `Twig K. Uepar; 1 to me person lly known, who being by me duly sworn, did say that they are the Mayor and Cit°yerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and Crfy dltrk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ka SONDRAE FORT p � _ Commission Number 159791 QdYY)4pf • ww My Commi natres Notary Public in and for said State (oo659os i.Dog3 \'k ew ��I V www E- z vai""". ��psoowwwEl g .. g i b V1 I L�n a Q x LU s� �I 3 jl �2 i I i I .OP'B9 G Q Q 3.g zs b L� 6 I I oo9a =oz ao 0009 mo_a? aar° b % #E 1,.E,2u o�N�aoaaP r�6 °ns €mt. }$has €a nor_ og CIN3m g'mS E� mE §E€ mko Aso r,a¢ro -� ecoz /u /z, e.,,- �eszsxebsse :kY >n�o�.n�,v i.8 a 3 S a - M � 3 i.% NQ w N � _ 3 h z '��rvaR a3 a` mm,zm, O_m a0 O Q �v . U COMM O J wo sq "w Ww Z Z U ME C7 o L C) LU co a?Wp iOi o w o a3�z g ew ��I V www E- z vai""". ��psoowwwEl g .. g i b V1 I L�n a Q x LU s� �I 3 jl �2 i I i I .OP'B9 G Q Q 3.g zs b L� 6 I I oo9a =oz ao 0009 mo_a? aar° b % #E 1,.E,2u o�N�aoaaP r�6 °ns €mt. }$has €a nor_ og CIN3m g'mS E� mE u. a =amsaa cu.� ira xu itw aawam7n ni JIA 1M �Jv 'd -311? 1 LOS��.�.k §E€ mko o,Y :kY iE_ o b i.8 a 3 S a - M � _'N � _ 3 h z '��rvaR a3 a` u. a =amsaa cu.� ira xu itw aawam7n ni JIA 1M �Jv 'd -311? 1 LOS��.�.k ry 0 �br / i ��..- r - - -__ i i i Z��� i t� ry 0 �br / i ��..- r - - -__ i i i Z��� i Prepared by and after Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511 recording return to: Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 STORM SEWER EASEMENT AGREEMENT WINDSOR RIDGE — PART TWENTY "B" THIS AGREEMENT, made and entered into by and between Arlington Development, Inc. (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 suln of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such storm water lines, pipes, mains and conduits as the City shall from time to time elect for conveying storm water, with all necessary appliances and fittings, for the use in connection with said lines, together with adequate protection therefore, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as "15.0' Storm Sewer Easement" as shown on the Easement Plat attached hereto as Exhibit "A" and incorporated herein by reference, hereafter described as "easement area." Owner further grants to the City: 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 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 blush 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 (00659039DOC) 1� -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 shalt 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 CJA)VAday of February, 2009. CORPORATE SEAL ATTEST: By: \� Julie K. Vopari Deputy City Clerk ARLINGT EVEE%LOPMENT, INC. By: b! Gary D. alts, President By: S�t= W • l� m W. Moreland, Jr., Secretar .illll '�I �i Reg Bailey, Mayor (00659039.Doc)2 \I\ -3- STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) +Ih This instrument was acknowledged before me on this 1 — day of February, 2009 by Gary D. Watts, as President of Arlington Development, Inc. TAtiA NELSON _,° �OommlWon Number 753224 ,rj1/\ 1 UCX.UUV V E)Vres Notary Public in and for said State STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this S +� day of February, 2009 by Jolm W. Moreland, Jr. as Secretary of Arlington e elo ent, Inc. CAROLINE KELLER Co�mym(ls�si�omnJgNgimbE p�ae� Notary Public in and for said State ow MC1f�C.V-� 'Gb I O STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) Any sr- On this /gF4k day of Fu#mnry, 2009 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Regenia Bailey andJ...t',Y K. 06farf 1 to me pgrso�,a,,lly known, who being by me duly sworn, did say that they are the Mayor and Cit}VClerk, 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 fyn ehalf of the corporation by authority of its City Council, and the said Mayor and Ciylerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. *10W SONDRAE FORT Commission Number 159791 My Commission Expires 3 -?6 15L Notary Public in and for said State (00659039.Doc)3 \A lso na ase'. acct /u /z� e +aNasa9'.,A+;ase..A9oc�`,n of W'l cJ Wli way'" ��n � W F�4) F}— z 0'1�9' _z LLLu Ugm c N2 Div ZU) ZNm O F rev y cNia s �a LU OAF Z w� E �� 3 as W ern VO °- 6 Q o Cl) 0 B t gg i r e W C/J QZN 000 1� I R� I e�^ I ( i I' i i � 1 _ I I © I C ;off x`9 a o _ ``s v vftan..' �� c It Jag e � °n=oomas '6'6 S C add' fr9zarv_ ooe �W€ a`�'wZ c,, -a Ka�orcwz z"aw"�,y I°.�I °bdi? - III s �3E "ES cE�a �Oo W s W lig n o Nod as }x fi= 1� I R� I e�^ I ( i I' i i � 1 _ I I © I C ;off x`9 a o _ ``s v vftan..' �� c It Jag y<Illl� M 9]Y'J>3Y 393ffiIl _yb 3411 UIM ✓/NVdd/J9e NI rll U3§Rl Wr oaN Hos30HmlU� 3 LW I y�I C n ^�Y Ve kfle -- 04 OxLLdF 1 Doc ID: 021483230013 Tvoe: GEN Recorded: 05/22/2009 at 12:55:40 PM Fee Amt: $67.00 Pace 1 of 13 Johnson Countv Iowa Kim Painter Countv Recorder BK4441 PG845 -857 STATE OF IOWA ) )SS JOHNSON COUNTY ) �xy 410 East Washington Street Iowa City, Iowa 52240.1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org I, Julie K. Voparil, Deputy City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of the Resolution No. 09 -171, which was passed by the City Council of Iowa City; Iowa, at a regular meeting held on the 190' day of May, 2009, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 21st day of May, 2009. Julie aril Deputy City Clerk kes CORPORATE SEAL 5- 2f(5) Prepared by: Sara F. Greenwood Hektoen, Asst.. City Atty., 410 E. Washington St., Iowa City, IA 319.356-5030 RESOLUTION NO. 09 -171 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A FIRE ACCESS EASEMENT AGREEMENT AND A PUBLIC SIDEWALI{ EASEMENT AGREEMENT FOR LOT 4, BLOCK 103 IN THE ORIGINAL TOWN OF IOWA CITY, IOWA, LOCALLY KNOWN AS 266 E. COURT STREET. WHEREAS, the City of Iowa City has approved the site plan for the development of Lot 4, Block 103, Original Town, Iowa City, Iowa; and WHEREAS, in order to facilitate the development of this site, the Owner desires to convey to the City a fire access easement and a public sidewalk easement; and WHEREAS, Staff recommends entering in to said easement agreements. 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 into the fire access easement . agreement and the public sidewalk easement agreements attached hereto. 2. The Mayor is hereby authorized to sign, and the City Clerk to attest said agreements 3. The City Clerk is hereby authorized and directed to certify a copy of this Resolution for recordation in the Johnson County Recorder's Office, together with the attached documents, said recording costs to be paid by Court-Street Apartments, LLC. and approved this 19th day of May , 2\\009. ATTEST: �s O Z' DEPUTY CLERK i ;d by City Attorney's Office v i i 1`� Resolution No. 09 -171 Page 2 It was moved by champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: x x x x x _x — x wpdaWglossary /resolution -ic do NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright Prepared by and return to: Thomas H. Gelman 321 E. Market St., P.O. Box 2150 Iowa City IA 52244 319)354 -1104 PUBLIC SIDEWALK EASEMENT AGREEMENT PERTAINING TO LOT 4, Block 103, IN THE ORIGINAL TOWN OF IOWA CITY, IOWA THIS AGREEMENT made and entered into by and between Court Street Apartments, LLC (formerly know as Big Ten Rental, LLC), hereinafter referred to as "Developer', 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, and pertains to Lot 4, Block 103, in the Original Town of Iowa City, Iowa according to the recorded Plat thereof (the "Lot ") presently owned by Developer. IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, the Developer hereby grants and conveys to the City an easement for public sidewalk over the areas referred to as "2' Public Sidewalk Easement" and "3' Public Sidewalk Easement" as shown and described on the two easement plats attached hereto and incorporated herein by this reference, hereafter referred to as "Easement Areas ". This Public Sidewalk Easement is granted for the sole purpose of expanding the public sidewalk areas adjacent to the Lot along Linn Street on the east side of the Lot and Court Street on the south side of the Lot for pedestrian walkway purposes. The City shall indemnify Developer against unreasonable loss or damage that may occur in the negligent exercise of the easement rights by the City and its agents or employees, but not when said loss or damage is caused by members of the general public or any others. Except as may be expressly provided herein, in another written agreement or as provided by law, the City shall have no responsibility for maintaining the Easement Areas. The Developer and its successors reserve the right to use the Easement Areas for for purposes that will not interfere with the enjoyment of the Public Sidewalk Easement rights hereby granted; provided that the Developer, and its successors, shall not erect or construct any building, structure, fence, retaining wall or other obstruction on the Easement Areas. Nothing in this Agreement shall be construed to impose a requirement on the City to install improvements or otherwise maintain the Easement Areas not otherwise provided by law. Nor shall the Developer or its successor be deemed acting as the City's agent during the installation or maintenance of sidewalk improvements. After construction and installation of the initial sidewalk improvements within the Easement Areas, the obligation for ongoing maintenance, repairs and replacement of such sidewalk improvements shall be with the Developer, its successor(s) in interest, or may be allocated to and assumed by an owners' association. The Developer 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 grant this Public Sidewalk Easement. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and the Public Sidewalk Easement Agreement and its terms and conditions shall be deemed to apply to and run with the land and with the title to the land. This Public Sidewalk Easement Agreement shall become effective only after Developer has completed its development of improvements to the Lot and the City has issued an occupancy permit for such improvements. Signed the 19th day of May 2009. DEVELOPER Court Street Agartr9n1s, LLC By: 12e-mla-4 / James Corcoran, Member Karl Madsen, Member CITY City of Iowa Pity Iowa M D. Bailey, Mayor By:_ Q ?-' 1�- \) �� Julie K. Vogari , reputy' City 4 `1, .. STATE OF i jL0 SiN, COUNTY OF bf�N E j , ss: The foregoing instrument was acknowledged before me on the � day of '2008 by / a MP-S I� of C-Df'Clr"\ asMLmbE -c o Court Street Apartments, LLC, aYmited Liability Company. Notar�-Nblic for STATE OF ..)� LCONSIN, COUNTY OF D_ W , , ss: The foregoing instrument was acknowledged before me on the 11 t:�%day ofi 1c �) �I 2008 by J�Ur Mod sFn as WY thb$ o Court Street Apartments, LLC, a Limited Liability Company, STATE OF IOWA, COUNTY OF JOHNSON, ss On this (q 4k day of Ma , 2009, before me, the undersigned, a Notary Public in and for the S ate of Iowa, personally appeared Regenia D. Bailey and'S,a;e K. Vopar:I to me p sonally known, who, being by me duly sworn, did say that they are the Mayor and G�fly Clerk, respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the deal of said corporation by authority of its City Council; and that the said Mayor and C4i�y Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. J� iwd z° ''ow Notary Public for the state of Iowa iao "I ... i2a. ... o-loocsa \:ooecspcce4a o z vlo — }�¢va� LL >Z ON°� ° yOw W6�. �Om ti W m � w g�YU °oa F F z d n �o O z U - LL33o3 W a waroa U) —I— "o m ',- s w $ iao "I ... i2a. ... o-loocsa \:ooecspcce4a Thu TIC T he `9 al LN Y W E ? C T � v Oil O ai x� a alnlc 9� o� V r i G \1 6 �9 b 5� rS ZE m i Ir� J� L_S W 0 o z vlo — zLL O U LL >Z ON°� ° > za- _ W m w g�YU °oa F F z d n �o O z U cwn¢ Qa-J3 LL33o3 W a waroa U) —I— o R ',- Thu TIC T he `9 al LN Y W E ? 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CI O o , awl- J1 273U *� Moonsna Prepared by and return to: Thomas H. Gelman 321 E. Market St., P.O. Box 2150 Iowa City IA 52244 319)354 -1104 FIRE ACCESS EASEMENT AGREEMENT PERTAINING TO LOT 4, Block 103, IN THE ORIGINAL TOWN OF IOWA CITY, IOWA THIS AGREEMENT made and entered into by and between Court Street Apartments, LLC (formerly know as Big Ten Rental, LLC), hereinafter referred to as "Developer', 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, and pertains to Lot 4, Block 103, in the Original Town of Iowa City, Iowa according to the recorded Plat thereof (the "Lot ") presently owned by Developer. IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, the Developer hereby grants and conveys to the City, but not the general public, an easement for City access over the area designated as "6' Fire Access Easement" as shown and described on the Easement Plat attached hereto and incorporated herein by this reference, hereafter referred to as "Easement Area ". This Fire Access Easement is intended to provide a means of ingress, egress and passage over the Easement Area for access from the alley between Lots 4 and 5 of said Block 103 to the Lot and adjacent properties as may be needed by the Iowa City Fire Department for emergency service vehicles, apparatus, employees and authorized agents for all emergency services and official acts. The City's police department is authorized to ticket, tow or cause to be towed, pursuant to the Code of Iowa, as amended, any motor vehicle that has been parked or placed upon the Easement Area in violation of the parking laws of the City and the state of Iowa. This Easement Agreement shall serve as appropriate notice for such authorization to the City's police department under the Code of Iowa, as amended. The recording of this Easement Agreement and attached easement plat shall be Developer's sole expense. Developer shall be responsible for pavement markings and signage indicating the fire lane and parking restrictions. The city shall be solely responsible for all enforcement of the parking restrictions within the Easement Area. Said right of access also includes the right of vehicular turn - around and non - emergency access for postings and otherwise for enforcing Fire Safety Standards under the Uniform Fire Code, as amended. The City shall indemnify Developer against unreasonable loss or damage that may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, in another written agreement or as required by law, the City shall have no responsibility for maintaining the Easement Area. The Developer and its successors reserve the right to use the Easement Area for purposes that will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Developer, and its successors, shall not erect or construct any building, fence, retaining wall or other structures; plant any trees; drill or operate any well; or authorize any parking or other obstructions at any time on the Easement Area. . Nothing in this Agreement shall be construed to impose a requirement on the City to install improvements or otherwise maintain the Easement Area. Nor shall the Developer or its successor be deemed acting as the City's agent during the installation or maintenance of said Easement Area improvements. After construction and installation of the initial private improvements, the obligation for ongoing maintenance, repairs and replacement of such private improvements shall be with the Developer, its successor(s), or may be allocated to and assumed by an owner' association. The Developer 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 grant this Fire Access Easement. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and this Fire Access Easement Agreement and its terms and conditions shall be deemed to apply to and run with the land and with the title to the land. with the land and with the title to the land. This Fire Access Easement Agreement shall become effective only after Developer has completed its development of improvements to the Lot and the City has issued an occupancy permit for such improvements. Signed this 19th day of may , 2009. DEVELOPER Court Street Apartments, LLC By: James Corcoran, Member By: �t— Karl Madsen, Member CITY City of Iowa City, Iowa in Re p(� D. Bailey, Mayor U Jule x, t s�/Dk,at�Dity lerk `port iSr�V [Notary Acknowledgements on Next Page] 3 STATE OF) IBCONSItU , COUNTY OF DR I E) , ss: The foregoing instrument was acknowledged before me on the IT day o 0 �! 2008 by� � �mF_-, Co[u[on as n` -mbF f 0 Court Street AparWents, LLC, a Limited Liability Company. Notary public STATE OF ISCO 1 COUNTY OF MNE, ss: The foregoing instrument was acknowledged before me on the Mvv'day of v�y 2008 by �< A(' � Mo6C 'F _n as IY1;,mh� r ofl Court Street Apartments, LLC, a Limited Liability Company, STATE OF IOWA, COUNTY OF JOHNSON, ss On this 19 day of NlA , 20Cy, before me, the undersigned, a Notary Public in and for the S ate of Iowa, personally appeared Regenia D. Bailey and1A1:P K. (bpGr;� Mayor me p %rsonally known, who, being by me duly sworn, did say M that they are the and fity%Clerk, respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the�s,� of said corporation by authority of its City Council; and that the said Mayor and Oi� Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. o �s SONDRAEFORT z Commission Number 159791 My Commission Ezp(res row 3 7 abi3- Notary Public for the State of Iowa 11 (r W 0 z 2 z Q 0 Z Wn V F jFW yurm O w w3� j �,�� -p0= i�z5 9 I IIII Illlllllllll II I I 'I I v ICI ry ` I I 02 $ oa �a¢T ark; �L& -oo e°8 nE °u� �oaaa �mu�c a134"o w S n: N 10� %Y 6[:I I'6 bL GZ/G /S 6np IY.0 O£59 G�. OC CSb(�'JC E/\ J �� New psi 3' s o\ �p a W 3 e$ t- e s° c' ;s_ v �w o (nl.ax In)ss'6sL m.zso.aos �VEVOF _ J i W po ZQo LL Z I UA fo E � -QZQ B �z d �Q O U)<0 aa�3 ar• v a�W� =� 4 J zo u d O a 8 V W¢ma < U)—,p v (r W 0 z 2 z Q 0 Z Wn V F jFW yurm O w w3� j �,�� -p0= i�z5 9 I IIII Illlllllllll II I I 'I I v ICI ry ` I I 02 $ oa �a¢T ark; �L& -oo e°8 nE °u� �oaaa �mu�c a134"o I i� w S n: N [55 2 3' s o\ 3e� e$ t- e s° c' ;s_ v �w o (nl.ax In)ss'6sL m.zso.aos �VEVOF _ n 1 i W I i� o (nl.ax In)ss'6sL m.zso.aos _ LA _ J I 0 d O 4 J d O C V v O � I k I .Lammas anonona LI Doc ID: 021503160005 Tvoe: GEN Recorded: 06/05/2009 at 11:27:00 AM Fee Amt: 827.00 Pace 1 of 5 Johnson Countv Iowa Kim Painter County Recorder BK4450 PG791.795 STATE OF IOWA ) )SS JOHNSON COUNTY ) I P i jyW CIIT�Y OOF IOWA ll■ ■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 No. 09 -4340 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2 °d day of June, 2009, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 4 °1 day of June, 2009. Marian . Karr City Clerk \ord 1� Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5243 (REZ09- 00001) Ordinance No. 09 -4340 AN ORDINANCE REZONING APPROXIMATELY 23.25 ACRES OF PROPERTY LOCATED ALONG THE 400 - 500 BLOCKS OF N. VAN BUREN STREET, THE 300 - 500 BLOCKS OF N. GILBERT STREET, THE 300 - 700 BLOCKS OF N. LINN STREET, THE 200 - 300 BLOCKS OF RONALDS STREET, THE 200 - 300 BLOCKS OF CHURCH STREET, THE 200 - 500 BLOCKS OF FAIRCHILD STREET, AND 200 - 400 BLOCKS OF DAVENPORT STREET FROM NEIGHBORHOOD STABILIZATION RESIDENTIAL (RNS -12) ZONE TO HISTORIC DISTRICT OVERLAY/ NEIGHBORHOOD STABILIZATION RESIDENTIAL (OHD /RNS -12) ZONE AND FROM MEDIUM DENSITY SINGLE FAMILY (RS -8) ZONE TO HISTORIC DISTRICT OVERLAY /MEDIUM DENSITY SINGLE FAMILY (OHD /RS -8) ZONE. (REZ09- 00001) WHEREAS, the historic resources of the Northside Neighborhood have been surveyed and evaluated, and the proposed Northside Historic District has been deemed eligible for local historic district designation; and WHEREAS, a portion of the proposed Northside Historic District has been listed on the National Register of Historic Places; and WHEREAS, the Iowa City Historic Preservation Plan, contained in the Iowa City Comprehensive Plan, recommends the designation of conservation and historic districts within the Northside Neighborhood; and WHEREAS, the Iowa City Comprehensive Plan recommends preservation of the integrity of historic neighborhoods, the stabilization of neighborhoods, and supports efforts of the Historic Preservation Commission; and WHEREAS, the Central District Plan encourages the designation of local Historic District status for the Gilbert-Linn Street National Register District, which is located within the proposed Northside Historic District; and WHEREAS, the Iowa City Municipal Code authorizes the Historic Preservation Commission to recommend and the City Council to designate historic districts, where deemed appropriate, as a means of preserving the neighborhood character of traditional Iowa City neighborhoods, or for preserving areas that exemplify unique or distinctive development patterns; and WHEREAS, the Historic Preservation Commission believes that the designation of the Northside Historic District will help stabilize one of Iowa City's oldest neighborhoods by providing for design review of exterior changes, building demolition, and new construction, which will assure compatibility with the existing character of the district, and will preserve the neighborhood for future residents of Iowa City; and WHEREAS, at its March 12, 2009 public hearing, the Historic Preservation Commission recommended approval of said rezoning to designate the Northside Historic District; and WHEREAS, the Planning and Zoning Commission believes that designating the Northside Historic District is in accordance with the Comprehensive Plan, the Zoning Code, and any potential Urban Renewal projects and will provide a stabilizing effect on the neighborhood; and WHEREAS, at its April 2, 2009 meeting, the Planning and Zoning Commission recommended approval of said rezoning to designate the Northside Historic District, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The Northside Historic District, legally described below and illustrated on Exhibit A attached hereto and incorporated herein by this reference, is hereby designated as a Historic District Overlay (OHD) Zone and subject to the guidelines of the Iowa City Historic Preservation Handbook including Section 8.4, Northside Neighborhood District Guidelines. The following real estate is hereby rezoned: From RNS -12 to OHD /RNS -12 An area containing all of Blocks 55 and 56 of Original Town, Iowa City, Iowa. Also including, in said Original Town: All of lot 5, Block 35; All of lot 2 plus the west 20' of lot 1, Block 36; All of lot 4 plus the west 15' of the south 40' of Lot 3, Block 48; All of lots 1, 2, 3, 4, and 5, Block 49; All of lots 4, 5, 6, 7, and 8, Block 50; All of lots 5, 6, and 7, Block 54; All of lots 1, 2, Ordinance No Page 2 09 -4340 3, and 4, Block 57; All of lots 1 and 2 plus the east half of lot 3, Block 69; All of lots 1, 7 and 8 plus the east 50' of lot 2 and east half of lot 6, Block 70; All of lots 1, 6, 7, and 8 plus the east 17.25' of north 75' and the east 40' of the south 75' of lot 2, Block 71; and All of lot 8, Block 72. From RS -8 to OHD /RS -8 An area containing all of All of lot 5, Block 53; All of lot 4, plus the west 30' of lot 3, Block 54; All of lot 1, Block 72; and All of lot 8, Block 73 of Original Town, Iowa City, Iowa SECTION 11. 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 as provided 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, 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 2nd day of .tune , 2009. ATTEST: CITY ERK Approved by �n - City Attorney's Office CORPORATE SEAL Ordinance No. 09 -4340 Page 3 It was moved by Correia and seconded by Wr; ght that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration 5/5/2009 Vote for passage: AYES: Bailey, Champion, Correia: NAYS: O'Donnell. ABSENT: None. Second Consideration 5/19/2009 Vote for passage: AYES: Bailey, Champion, Correia, NAYS: O'Donnell. ABSENT: None: Date published ,Tune 10 9009 Hayek, Wilburn, Wright. Hayek, Wilburn, Wright. \U i. I l VM1 O � S O � V -- m -- n [AMITRIMARK 1S 1S 0 a c� 0 z� z U N Lo U Z o b CY O � — 0 E )U Dated at Iowa City, Iowa, this If day of i , l , 2009.9. / /Ib ?�Ll�,ci SY 7C��fit% Maria . Karr City Clerk Ves subdivision `" ®8PORi'1 I � �' I `.r I 0 '�� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII r -Doc ID: 021521630025 Tvoe: OEN Recorded: 06/19/2009 at 01:57:09 PM om� !t A Fee Amt: $127.00 Page 3 of 25 VIII Johnson Countv Iowa Kim Painter Countv Recorders t i par® - SK4459 P0526 -550 ' CITY OF IOWA CITY r 410 Fast Washington Street Iowa City, Iowa 52240 -1826 (319)356 -5000 (3 19) 356 -5009 FAX STATE OF IOWA ) wwu'. Icgov.org ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.09- 193,which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of June, 2009, all as the same appears of record in my office. Also attached are the final legal documents for Scott -Six Industrial Park, 2 "`t Addition as follows: 1. Attorney's Title Opinion 2. Owner's Certificate and Dedication 3. Certificate of County Treasurer 4. Certificate of County Auditor 5. Subdivider's Agreement 6. Sanitary Sewer and Water Main Easement Agreement 7. Underground Utility Easement 8. Public Access and Fire Apparatus Easement Agreement Dated at Iowa City, Iowa, this If day of i , l , 2009.9. / /Ib ?�Ll�,ci SY 7C��fit% Maria . Karr City Clerk Ves subdivision `" ®8PORi'1 I � �' I `.r I 0 s- 5d Prepared by: Doug Ongie, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5230 (SUB09- 00001) RESOLUTION NO. 09 -193 RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF SCOTT -SIX INDUSTRIAL PARK, 2nd ADDITION, A RESUBDIVISION OF A PART OF LOT 36, SCOTT -SIX INDUSTRIAL PARK, IOWA CITY, IOWA. WHEREAS, the applicant, A. F. Streb, filed with the City Clerk the preliminary plat and the final plat of Scott -Six Industrial Park, 2nd Addition, a resubdivision of a part of Lot 36, Scott -Six Industrial Park Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson County, Iowa, to wit: LOT 36 OF SCOTT -SIX INDUSTRIAL PARK, IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 38, AT PAGE 137, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, EXCEPTING THEREFROM, AUDITOR'S PARCEL 2001 -068, IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 43, AT PAGE 106, IN SAID RECORDS. SAID RESULTANT TRACT OF LAND CONTAINS 3.06 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary plat, final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat, 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 preliminary plat, 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 plat, 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 as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at 0 Resolution No. n9 -193 Page 2 the office of the County Recorder of Johnson County, Iowa at the expense of the owner /subdivider. Passed and approved this 2nd day of ATTEST: CITY CLERK June 20-Ug. C_ AY Approved by ,4ALA ,ice City Attorney's Office s /zz /eq It was moved by Wilburn and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _ X Bailey X Champion X Correia X_ Hayek x O'Donnell X Wilburn X_ Wright C\WINDOMTemperery Internet Files \OLKAOE1PrelimFinaltesSUB09 00001 SwUSix 2nd Additiw.d e \1 OPINION OF ATTORNEY I, Robert N. Downer, a regular practicing attorney of Iowa City, Johnson County, Iowa, do hereby certify that I have examined the abstract of title to "Scott -Six Industrial Park, 2nd Addition, a Resubdivision of a Part of Lot 36, Scott -Six Industrial Park, Iowa City, Johnson County, Iowa ", more particularly described as follows: Lot 36 of Scott -Six Industrial Park, Iowa City, Johnson County, Iowa, in accordance with the Plat thereof recorded in Plat Book 38, at Page 137, in the Records of the Johnson County Recorder's Office, excepting therefrom, Auditor's Parcel 2001 -068, Iowa City, Johnson County, Iowa, in accordance with the Plat thereof recorded in Plat Book 43, at Page 106, in said Records. Said Resultant Tract of land contains 3.06 acres, and is subject to easements and restrictions of record. I do certify that fee simple title to said property is in A.F. STREB AND MARY JOAN STREB, husband and wife, and that said property is free from all encumbrances. DATED at Iowa City, Iowa this 1s' da"Way, 2009. BERT N. DOWNER ttorney at law 122 South Linn Street Iowa City, IA 52240 OWNERS' STATEMENT AND DEDICATION A.F. Streb and Mary Joan Streb, husband and wife, are the owners, proprietors and holders of the title to the following described real estate situated in Iowa City, Johnson County, Iowa, to -wit: Lot 36 of Scott -Six Industrial Park, Iowa City, Johnson County, Iowa, in accordance with the Plat thereof recorded in Plat Book 38, at Page 137, in the Records of the Johnson County Recorder's Office, excepting therefrom, Auditor's Parcel 2001 -068, Iowa City, Johnson County, Iowa, in accordance with the Plat thereof recorded in Plat Book 43, at Page 106, in said Records. Said Resultant Tract of land contains 3.06 acres, and is subject to easements and restrictions of record. The subdivision of said real estate as it appears on the Final Plat of "Scott -Six Industrial Park, 21d Addition, a Resubdivision of a Part of Lot 36, Scott -Six hrdustrial Park, Iowa City, Johnson County, Iowa ", to which this Owners' Statement is attached, is with the free consent and in accord with the desires of said owners and proprietors. The easements in said subdivision are hereby dedicated to the public as provided in Chapter 354 of the 2009 Code of Iowa, as amended. 0 DATED this, day of May, 2009. A. .STREB MARY JO' STREB STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this _ day of May, 2009, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared A.F. Streb and Mary Joan Streb, to me known to be the person named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Public in and for the State of Iowa 0 CERTIFICATE OF COUNTY TREASURER I, Thomas L. Kriz, hereby certify that I am the County Treasurer of Johnson County, Iowa, and that the property designated as "Scott -Six Industrial Park, 2nd Addition, a Resubdivision of a Part of Lot 36, Scott -Six Industrial Park, Iowa City, Johnson County, Iowa', and legally described as follows: Lot 36 of Scott -Six Industrial Park, Iowa City, Johnson County, Iowa, in accordance with the Plat thereof recorded in Plat Book 38, at Page 137, in the Records of the Johnson County Recorder's Office, excepting therefrom, Auditor's Parcel 2001 -068, Iowa City, Johnson County, Iowa, in accordance with the Plat thereof recorded in Plat Book 43, at Page 106, in said Records. Said Resultant Tract of land contains 3.06 acres, and is subject to easements and restrictions of record. is free from unpaid taxes. DATED at Iowa City, Iowa this Q6� day of May, 2009. 0 Ali THOMAS L. KRIZ 0 CERTIFICATE OF COUNTY AUDITOR JOHNSON COUNTY, IOWA I, Tom Slockett, the Jolmson County Auditor, hereby approve of "Scott -Six Industrial Park, 2nd Addition, a Resubdivision of a Part of Lot 36, Scott -Six Industrial Park, Iowa City, Johnson County, Iowa" as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: Lot 36 of Scott -Six Industrial Park, Iowa City, Johnson County, Iowa, in accordance with the Plat thereof recorded in Plat Book 38, at Page 137, in the Records of the Johnson County Recorder's Office, excepting therefrom, Auditor's Parcel 2001 -068, Iowa City, Johnson County, Iowa, in accordance with the Plat thereof recorded in Plat Book 43, at Page 106, in said Records. Said Resultant Tract of land contains 3.06 acres, and is subject to easements and restrictions of record. TOM SIXCKETT, Jol on C (seal) Actor /Dr \/1 SUBDIVIDER'S AGREEMENT THIS AGREEMENT made by and between A. F. STREB and MARY JOAN STREB, husband and wife, the owners of the property known and designated as "Scott - Six Industrial Park, 2nd Addition, a Resubdivision of a Part of Lot 36, Scott -Six Industrial Park, Iowa City, Johnson County, Iowa" (collectively the "Subdividers ") and the CITY OF IOWA CITY, IOWA, a municipal corporation (the "City "), WITNESSETH: SECTION 1. SUBDIVISION PUBLIC IMPROVEMENTS. In consideration of the City approving Scott -Six Industrial Park, 2nd Addition, a Resubdivision of a Part of Lot 36, Scott -Six Industrial Park, Iowa City, Johnson County, Iowa (the "Subdivision "), the Subdividers agree as a covenant running with the land as follows: A. The existing water main installed and extending across Lot 1 presently terminates near the southwest corner of Lot 2. This water main is currently a private utility, but with the creation of this subdivision, it shall, when accepted by the City, become a public utility. As a requirement for City acceptance, the Subdividers shall submit a 2 -year maintenance bond for the existing water main. The City shall not issue a building permit on Lot 2 or any additional building permit for Lot 1 unless and until a 1 1� sanitary sewer is installed to Lot 2 in the Subdivision and until the sanitary sewer and water main public improvements have been accepted by the City. Concrete paving 28 feet in width on the easement across Lot 1,shown on the plat of the Subdivision is presently in place. It is understood that all necessary Public Improvements are already in place serving Lot 1. No public streets shall be required in the Subdivision. B. Subdivider hereby grants to the owners of Lot 2 a perpetual, non- exclusive surface easement over and upon an area 10 feet east - west by 10 feet north - south located immediately north of the 55 foot utility, access, sanitary sewer and water main easement serving Lot 2 for the placement of an address sign for Lot 2. Such sign shall be installed prior to the issuance of a certificate of occupancy for Lot 2. Nothing in this Agreement shall be construed to impose a requirement on the City to install the Public Improvements hereinabove specified, nor shall the Subdivider be deemed acting as the City's agent during the construction and installation of said Public Improvements. The parties agree that the obligation to install the Public Improvements herein shall be in accordance with City specifications and the obligation shall remain with the Subdivider and a lien on Lot 2 in the Subdivision until completion by the Subdivider and until acceptance by the City, as by law provided. SECTION 2. CONSTRUCTION OF IMPROVEMENTS. All improvements described in Section 1 of this Agreement shall be constructed and installed by the Subdivider according to the plans and specifications approved by the City, with inspections by the City Engineer or designate. Said inspections shall consist of occasional inspection of the work in progress, but shall not relieve or release the Subdividers from their responsibility to construct said improvements pursuant to said plans and specifications. 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. 2 SECTION 3. BUILDING PERMITS AND ESCROW MONIES. In the event that the Subdivider, their assigns or successors in interest, shall desire a building permit on Lot 2 or any additional building permits for Lot 1 in the Subdivision before the Public Improvements hereinabove required have been installed and accepted by the City, the Subdivider, their assigns or successors in interest, shall deposit with the City Clerk, in escrow, an amount equal to 110% of the cost of said Public Improvements as determined by the City Engineer. When the foregoing escrow funds have been deposited, the Building Inspector of the City is authorized to issue a building permit, provided that the applicant complies with all other requirements and ordinances of the City. SECTION 4. OCCUPANCY PERMITS. Prior to the issuance of an occupancy permit for any structure for which a building permit was issued pursuant to the escrow provisions above, the City in its discretion may require the Subdivider, their assigns or successors in interest, to construct and install such Public Improvements as hereinabove provided. SECTION 5. USE OF ESCROW MONIES. If, after the issuance of an occupancy permit, the Public Improvements as required in Section 1 have not been constructed and installed, the City may use funds deposited in the improvements escrow to construct and install such Public Improvements. If the cost of the construction and installation of said Public Improvements exceeds the amount of said escrow, the City shall have a lien and charge against all of the lots in the Subdivision. The City shall refund to the depositor any escrow money that is not used by the City after the construction, installation and acceptance of such Public Improvements. 3 1� SECTION 6. WAIVER. In the event the Subdivider, their assigns or successors in interest, should sell or convey lots in the Subdivision without having constructed or installed the Public Improvements as hereinabove required, the City shall have the right to install and construct said Public Improvements. The costs of said Public Improvements shall be a lien and charge against all of the lots adjacent to or in front of which Public Improvements are made and any lots which may be assessed for Public Improvements under the provisions of Chapter 384 of the 2009 Code of Iowa, as amended. The costs of such Public Improvements need not meet the requirements of notice, benefit or value as provided by the laws of the State of Iowa for assessing such Public Improvements. It is further agreed that the requirement to construct said Public Improvements is and shall remain a lien from the date of execution and recording of this Agreement until properly released, as hereinafter provided. SECTION 7. RELEASE OF LIENS FOR PUBLIC IMPROVEMENTS. The City agrees to release the various liens created by this Agreement at such time as the Public Improvements provided in Section 1 hereof have been installed and accepted by the City, at which time the City will upon request issue a general release of this Agreement. The City Manager or designee is hereby authorized to execute the releases required by this Section 7 with the concurrence of the City Engineer and City Attorney. SECTION 8. REQUIREMENTS FOR LOT 2. A. Storm water runoff from Lot 2, when developed, will drain to the existing storm water detention basins located within the Subdivision. B. A site plan will be required for the development of Lot 2. It appears that the existing water main will need to be extended in order to provide water service for Lot 2. It is hereby noted that the fire hydrant, valves, and tee located near the east end 4 11A of the existing water main shall be removed and replaced with a dead -end hydrant assembly, all of which shall be shown on said site plan regarding the development of Lot 2. SECTION 9. BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of the parties hereto as well as their successors and assigns, and shall be construed as a covenant running with the land and with title to various lots within the Subdivision. SECTION 10. MISCELLANEOUS. A. All utilities required to be installed in the Subdivision, whether pursuant to the provisions of this Agreement or otherwise, 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 lands 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. 5 1� DATED this -.2 day of May, 2009. Approved By Ate' v e� By (My Attorney's Officer &n-7 10q A. i. STREB MARY OA STREB "Subdivider" Attest: A2 le MAMAN K. KARR, City Clerk "City" 6 1� STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 4! day of May, 2009, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared A. F. Streb and Mary Joan Streb, to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as thSiVoluntary act and deed. in and for the State of Iowa H710 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) J u.vE S"r On this d —d day of Icy, 2009, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared Regenia 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 corporation executing the within and foregoing instrument, that the seal affixed thereto is the seal of the corporation; that said instrument was signed and sealed on behalf of the corporation by authority of its Board of Directors; and that Regenia Bailey and Marian K. Karr as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. �pW s SONI FORT - ,SprdiAZ _ Co My commiss�oEzPire Notary Public in and for the State of Iowa row 7 SANITARY SEWER AND WATER MAIN EASEMENT AGREEMENT SCOTT -SIX INDUSTRIAL PARK, 2ND ADDITION, A RESUBDIVISION OF A PART OF LOT 36, SCOTT -SIX INDUSTRIAL PARK, IOWA CITY, JOHNSON COUNTY, IOWA THIS AGREEMENT, made and entered into by and between A. F. STREB and MARY JOAN STREB, husband and wife (collectively "Owner "), which expression shall include their 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 area designated as "55.00' Utility, Access, Sanitary Sewer & Water Main Easement ", as shown on the Final Plat of Scott -Six Industrial Park, 2nd Addition, a Resubdivison of a Part of Lot 36, Scott -Six Industrial Park, Iowa City, Johnson County, Iowa," hereinafter described as "Easement Area ". 1 \1 Owner further grants to the City: 1. The right of grading said Easement Area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said Easement Area to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said Easement Area and also to trim, cut down and clear away any trees on either side of said Easement Area which now or hereafter in the opinion of the City may be a hazard to said Easement Area, or which may interfere with the exercise of the City's rights hereunder in any mamier. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the Easement Area. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the Easement Area. Owner reserves the right to use said Easement Area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said Easement Area. 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 they are 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. 2 I 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. 1 VAF- Dated this day of No day of ley, 2009. AppfMd 1AV By: Att %ys0fltt: ss7��9 A�IF. STREB MAR-k JOAW 917REB CITY Q� IOWA CITY, IOWA D. BAILEY, Mayor By: -) MART N�K. KARR, City Clerk 3 0 STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this may of May, 2009, by A. F. Streb and Mary Joan Streb. ----/ A A Ngtary Public in and for said State STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) On this d " day of-y, 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. c)q/93 adopted by the City Council on the .2 day of Tv&jE 2009; and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ,goJnts SONDRAE FORT a° Commission Number 159791 My Commission Expires ew � a01A_ Notary Public in and for said State 4 UNDERGROUND UTILITY EASEMENT SCOTT -SIX INDUSTRIAL PARK, 2ND ADDITION, A RESUBDIVISION OF A PART OF LOT 36, SCOTT -SIX INDUSTRIAL PARK, IOWA CITY, JOHNSON COUNTY, IOWA In consideration of one dollar and other good and valuable consideration, receipt of which is hereby acknowledged, A. F. STREB and MARY JOAN STREB, husband and wife (collectively the "Grantor'), hereby grants and conveys to MidAmerican Energy, Qwest Communications International, Inc. and Mediacom (collectively the "Grantee'), and their successors, a perpetual easement upon, over, under, along and across the areas designated as "55.00' Utility, Access, Sanitary Sewer & Water Main Easement" (the "Easement Area "), as shown on the final plat of Scott -Six Industrial Park, 2nd Addition, a Resubdivision of a Part of Lot 36, Scott -Six Industrial Park, Iowa City, Johnson County, Iowa (the "Subdivision "). The Grantor further grants the following rights in correction 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 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 1 �1 proper construction, maintenance, operation or removal of said facilities, equipment and appurtenances; and the right of ingress and egress to the Easement Area 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 Area. The Grantor, their successors in interest and assigns, reserves the right to use the Easement Area 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 the Easement Area. No permanent dwellings or trees shall be placed on the Easement Area 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 Area without compensation to Grantor or their successors in interest. SIGNED this r- day of May, 2009. 60 A. . STR 13 MAR JOA REB 2 1� STATE OF IOWA ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this_ day of May, 2009 by A. F. Streb and Mary Joan Streb. 9/z d 3 PUBLIC ACCESS AND FIRE APPARATUS EASEMENT AGREEMENT SCOTT -SIX INDUSTRIAL PARK, 2ND ADDITION, A RESUBDIVISION OF A PART OF LOT 36, SCOTT -SIX INDUSTRIAL PARK, IOWA CITY, JOHNSON COUNTY, IOWA For the sum of One Dollar and other valuable consideration, the undersigned owners, A. F. STREB and MARY JOAN STREB, husband and wife (collectively "Owner'), hereby grant to the public and to the CITY OF IOWA CITY, IOWA (the "City'), a perpetual public access easement and City service access easement upon, over, under, along and across the area designated as "55.00' Utility, Access, Sanitary Sewer & Water Main Easement ", as shown on the Final Plat of Scott -Six Industrial Park, 2 "a Addition, a Resubdivision of a Part of Lot 36, Scott -Six Industrial Park, Iowa City, Johnson County, Iowa, (the "Easement Area "). This easement grants to the City and its service vehicles, employees and agents, a means of ingress, egress and passage over the 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. 1 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 Area. 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 they or their successors and assigns, as a covenant running with the land, shall at their 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, their successors in interest and assigns, reserve the right to use said Easement Area for purposes which will not interfere with Grantee's full enjoyment of rights granted; provided, however, the Owner shall not erect or construct any structure, reservoir, retaining wall or other obstruction on said area. Notwithstanding the foregoing, the Owner, and their successors and assigns, may form a nonprofit corporation to be an Owner's Association ( "Association') through which their maintenance obligations contained herein may be fulfilled. Provided further that the Owner, or their successors and assigns, may convey the 2 �1 Easement Area to the Association or may submit it to a condominium regime, either of which conveyances will be subject to this Agreement as a covenant running with the land. Owner hereby covenants with the City that they are 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. Dated this day of / a� day of May, 2009. A. k. STREB n� � L MARY JO STREB STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) n This instrument was acknowledged before me on this � day of May, 2009 by A. F. Streb and Mary Joan Streb. r �/� 1 /V -I o 3 Public in and for said State H t° w0 C \)H4 2 W 3� m "•, w a ° "'o �z C�2 rn PP° F''f�'.On . v° x°3w�a�w�ow z c4 6�E am vc'+uz °+ " O �rc�99wwrc:c' Nx p Z Jill I I� I I I I I I I I I 1 111 El 'z p'°6 zs4a� Q S �0. 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Q�+�e z aJ ®4• n e I � II _ W Q x L2 :.3 V _ O o°V O U3v - V c _o gip` <�g -iol- q � � k3sgg V OdOw���<� I �os�aa rc wczj3 r WWpLL° �aomZ aaj 3 =�N gk dtFJ�F a o ka� N -tl aLL <o °z uiw ��° �OKrywmiF�w p }jFj QZ3pN;a°Ca �¢ 2 c _o gip` <�g -iol- w� €ziwy _ �wz OdOw���<� I �os�aa rc wczj3 r WWpLL° �aomZ I dtFJ�F �FJ3 °G�K aLL <o °z uiw ��° �OKrywmiF�w p }jFj QZ3pN;a°Ca �¢ 2 rCNO~papLF IrV}w} z wzNiwm£ w.SZZ9Z z�aa°5¢ 3.,56,00.005 � I N b s �W< u1— I I I PS �C I i� N000034W 203.22 ��`� 5 � oWa I I a� cYll Fu ----N ____ _ - ' I I l I .____________ I I }_______ I ,Iessz rn „r2,00.aae Iz -.eo - -- I �os�aa ��cP I Doe ID: 021523420006 Tvoe: GEN Recorded: 06/22/2009 at 01:48:59 PM Fee Amt: $32.00 Pace 1 of 6 Johnson Countv Iowa Kim Painter Countv Recorder BK4460 PD270 -275 FFE STATE OF IOWA ) ) SS JOHNSON COUNTY ) :% gem : gem 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.09 -206 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 16'h day of June, 2009, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 18th day of June, 2009. Marian K. Karr City Clerk Ves /0 a/0i I M - - 9 21 Prepared by: Brad Neumann, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5252 RESOLUTION NO. 09 -206 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2010 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS WHEREAS, Chapter 28E, Code of Iowa (2008), provides, in substance, that any power which may be exercised by a public agency of this state may be exercised jointly with another public agency having such power; and WHEREAS, it is in the mutual interest of the City of Iowa City and the City of University Heights to encourage the use of public transit by residents of University Heights; and WHEREAS, the parties have negotiated a contract for transit service in FY2010 at a rate of $32,310, a copy of which is attached and incorporated herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached FY2010 28E Agreement for transit services between the City of Iowa City, Iowa and the City of University Heights, Iowa is hereby approved, and the Mayor is hereby authorized to execute and the City Clerk to attest in duplicate same on behalf of the City of Iowa City. 2. The City Clerk is directed to file a copy of said agreement with the Secretary of the State of Iowa and the Johnson County Recorder, as required by Iowa Code Chapter 28E. Passed and approved this 16th day of June —'20 09 c f R Approved by City Attorney's Office Resolution No. 09 -206 Page 2 It was moved by Champion and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Correia x_ Hayek O'Donnell _ Wilburn X Wright Ppdadn,Jresl28E- IC- UHeigh1s.do 11 RESOLUTION NO. 09 -05 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE FY2010 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS WHEREAS, Chapter 28E, Code of Iowa (2008), provides, in substance, that any power which may be exercised by a public agency of this state may be exercised jointly with another public agency having such power; and WHEREAS, it is in the mutual interest of the City of Iowa City and the City of University Heights to encourage the use of public transit by residents of University Heights; and WHEREAS, the parties have negotiated a contract for transit service in FY2010 at a rate of $32,310, a copy of which is attached and incorporated herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY HEIGHTS, IOWA: 1. The attached FY2010 28E Agreement for transit services between the City of Iowa City, Iowa and the City of University Heights, Iowa is hereby approved, and the Mayor is hereby authorized to execute and the City Clerk to attest in duplicate same on behalf of the City of University Heights. 2: The City Clerk is directed to file electronically a copy of said agreement with the Secretary of the State of Iowa, as required by Iowa Code Chapter 28E. Passed and approved this 12th day of May 2009 X YOR ATTEST: Christine Anderson, CITY CLERK 1ccogfp %res128e- Res -fromU Rdoc 1� Prepared by: Brad Neumann, PCD, 410 E. Washington, Iowa City, IA 52240 319 - 356 -5252 FY2010 28E AGREEMENT FOR TRANSIT SERVICES BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF UNIVERSITY HEIGHTS, IOWA This agreement is made and entered into this /G aA- day of JuNF , 2009, by and between the City of Iowa City, Iowa and the City of University Heights, Iowa, both municipal corporations. WHEREAS, Chapter 28E of the Code of Iowa provides, in substance, that any power which may be exercised by a public agency of the state may be exercised jointly with another public agency having such power, and WHEREAS, it is in the mutual interest of the parties to encourage the use of public transit by residents of Iowa City and University Heights. NOW, THEREFORE, it is hereby agreed by and between the City of Iowa City and the City of University Heights, as follows: L Scope of Services The City of Iowa City shall provide public transit service to the City of University Heights. Iowa City shall determine the scheduling of buses, the routes, and the location of bus stops within University Heights. It is agreed that residents of University Heights will obtain the same level of transit service as residents of Iowa City who are served by the same routes. Residents of University Heights will also be eligible for the same fare structure as Iowa City residents. /Z Duration The term of this agreement shall commence July 1, 2009, and continue through and including June 30, 2010. / //, Termination This agreement may be terminated upon thirty calendar days written notice by either party. /V, Compensation The City of University Heights agrees to pay $32,310 for the provision of public transit service as herein described during FY2010. Payment shall be made in twelve monthly payments of $2,692.50 each, to be received by the City of Iowa City on or before the 15th of each month. V. Chapter 28E, Code of Iowa In accordance with Chapter 28E of the Code of Iowa, this agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. J� CITY OF I WA CITY CITY OF UNIVERSITY HEIGHTS Re D. Bailey, Mayor LOUISe From, Mayor Attest: Attest: City erk, Marian K. Karr City Clerk, Christine Anderson Approved by: City Attorney's Office STATE OF IOWA ) ) ss: JOHNSON COUNTY ) i On this day of 20_x, before me, Soneirae. &r4- , a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey 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 (Ofdinanee) (Resolution) No. o9 -fib passed by the City Council, on the /Jam day of ewve 20 04 and that Regenia D. Bailey 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. J�ka oNDRAE FORT i � Commission Number 159791 My Commi slon Fes low / � � a Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 12th day of _ May , 20 off_, before me, Steven E. Ballard , a Notary Public in and for the State of Iowa, personally appeared Louise From and Christine Anderson, 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 University Heights, 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. 09 -05 passed by the City Council, on the 12th day of May 20 09 and that Louise From and Christine Anderson, acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the c rporation, by it voluntarily executed. am EN E. B SSION N0. 1 g MM/SSi NEXp /Rr Notary Public in and for the State of Iowa k- 9Wa9U2 t Ir Prepared by Sarah Walz 410 E Washington Iowa City (IA) 52240; 319/356 `^ , 1 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, May 13, 2009 EMMA J. HARVAT HALL MEMBERS PRESENT: Ned Wood, Caroline Sheerin, Terry Hora, Barbara MEMBERS ABSENT: Edgar Thornton STAFF PRESENT: Sarah Greenwood Hektoen, Sarah Walz, OTHERS PRESENT: Tim Waldron, Katherine Wildman, SPECIAL EXCEPTION ITEMS: <,�,c IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIII�III II��IIIIIIIIIIIII Doc ID: 021646320003 Tvoe: DEN or Recded: 07/07/2009 at 04:06:51 P Fee Amt: $19,00 Paae 1 of 3 Johnson Countv Iowa Kim Painter Countv Recorder 6K4471 PD129 -131 Eckstein EXC09- 00001: a public hearing regarding an application by Faith Baptist Church for a special exception to expand its church facility located in the OPD -8 (Planned Development Overlay) zone at 1151 Village Road. Findings of Fact: The Board finds that the specific criteria for religious /private group assembly require direct vehicle access to a road with a paving width greater than 28 feet, and that Village Road is a collector street with a pavement width of 25 feet. The Board finds that staff has proposed an amendment to the code that would permit religious /private group assembly uses along collector and arterial streets and that the amendment must be approved by Council. The Board finds that the proposed garage will not generate additional traffic to the facility nor expand the capacity of the church. The Board finds that garages and storage buildings are considered accessory structures and, while not subject to principle building setback requirements, these structures must comply with the Multi- family Design Standards. The Board finds that the townhouses to the north of the church face onto the rear yard of the church. The board finds that there is an established hedge along the south property line, which screens the view from abutting properties. The Board finds that the applicant has proposed a 30 x 48 -foot garage /storage building, and that staff has recommended siding the building in horizontal siding to complement materials used on the building and that the siding should be of a dark color so as to minimize its visibility. The Board finds that the applicant has agreed with staff's recommendation. The Board finds that the existing parking area is non - conforming with regard to the Off - Street Parking Standards and that in order to expand the facility, the code requires that the area meet the perimeter screening standards. The Board finds that in order to obtain a building permit, the applicant must submit a final site plan to the Building Official demonstrating compliance with all zoning and building code requirements. Conclusions of Law: The Board concludes that because the proposed garage /storage building will not alter traffic to and from the church that the special exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. The Board concludes that the special exception will not be injurious to the use and enjoyment of other 0 ij ril r cc EXC09- 00001: a public hearing regarding an application by Faith Baptist Church for a special exception to expand its church facility located in the OPD -8 (Planned Development Overlay) zone at 1151 Village Road. Findings of Fact: The Board finds that the specific criteria for religious /private group assembly require direct vehicle access to a road with a paving width greater than 28 feet, and that Village Road is a collector street with a pavement width of 25 feet. The Board finds that staff has proposed an amendment to the code that would permit religious /private group assembly uses along collector and arterial streets and that the amendment must be approved by Council. The Board finds that the proposed garage will not generate additional traffic to the facility nor expand the capacity of the church. The Board finds that garages and storage buildings are considered accessory structures and, while not subject to principle building setback requirements, these structures must comply with the Multi- family Design Standards. The Board finds that the townhouses to the north of the church face onto the rear yard of the church. The board finds that there is an established hedge along the south property line, which screens the view from abutting properties. The Board finds that the applicant has proposed a 30 x 48 -foot garage /storage building, and that staff has recommended siding the building in horizontal siding to complement materials used on the building and that the siding should be of a dark color so as to minimize its visibility. The Board finds that the applicant has agreed with staff's recommendation. The Board finds that the existing parking area is non - conforming with regard to the Off - Street Parking Standards and that in order to expand the facility, the code requires that the area meet the perimeter screening standards. The Board finds that in order to obtain a building permit, the applicant must submit a final site plan to the Building Official demonstrating compliance with all zoning and building code requirements. Conclusions of Law: The Board concludes that because the proposed garage /storage building will not alter traffic to and from the church that the special exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. The Board concludes that the special exception will not be injurious to the use and enjoyment of other 0 property in the immediate vicinity and will not substantially diminish or impair property values for the following reasons: The applicant has agreed to locate the garage /storage building near the southwest corner of the parking lot, away from the adjacent townhouses, in an area where established landscaping is already tall enough to screen views from the nearest residential uses. • The applicant has agreed to construct the building with horizontal siding to complement the church building, and will use a colored siding to minimize the impact of the large structure. • The applicant has agreed to include additional landscaping around the building in order to break up views of the blank walls from adjacent properties to the west and north. • The applicant is required to bring the parking area into conformance with the perimeter screening standards. For these same reasons, the Board finds that the proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located. The Board concludes that the special exception must be subject to Council approval of a zoning code amendment regarding minimum street widths, and that all adequate utilities, drainage, and other necessary facilities are already being provided. The Board concludes that the proposed building will have no impact on ingress or egress and that appropriate traffic control measures for the site are already in place. The Board concludes that other than the requested special exception and in the event Council amends the zoning code to allow religious /private group assembly uses along streets with a pavement width narrower than 28 feet, the specific proposed exception in all other respects conforms to the applicable regulations or standards of the zone in which it is to be located. The Board concludes that with the recommended conditions regarding location, screening, and materials for the proposed garage /storage building, the proposed exception will be consistent with the Comprehensive Plan, which encourages the location of churches in residential neighborhoods so long as they are designed to be compatible with the surrounding neighborhood. Disposition: By a vote of 4 -0, the Board approves EXC09 -00001 a special exception to allow the expansion of a church facility located in the OPD -8 (Planned Development Overlay) at 1251 Village Road subject to the following conditions: 1) A landscape screen be maintained on the south side of the building in compliance with the code's S -3 screening requirements; 2) City Council approval of an amendment to the zoning code to allow religious /private group assembly uses along streets with a pavement width narrower than 28 feet; 3) Staff approval of a final design of the garage /storage building showing compliance with the Multi- family Design standards with regard to siding materials and landscape screening to minimize views of the building; 4) Location of the garage /storage building adjacent to existing landscape; at the southwest corner of the parQp lot, 7 r -- : <n hl x> _ c'.i 5) Compliance with the screening requirements for non - conforming parking and loading areas. 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. NJ �� 7 U/09 Ned Wood, Chairperson STATE OF IOWA JOHNSON COUNTY Approved by: City Attorney's Office / 09 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 13h day of May, 2009, as the same appears of record in my Office. Dated at Iowa City, this day of _✓ 200 Marini - . Karr, City Clerk CORPORATE SEAL \O� �.. d. \O� FCC Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 522 ^ ^, '4n /'An a "n IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIINIIIIIIII Doc ID: 021646330004 Tvoe: GEN Recorded: 07/07/2009 at 04:07:09 PM Fee Amt: $24.00 Peas 1 of 4 Johnson Countv Iowa Kim Painter County Recorder 13K4471 Po132.135 Terry Hora DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, JUNE 10, 2009 EMMA J. HARVAT HALL MEMBERS PRESENT: Ned Wood, Caroline Sheerin, Barbara Eckstein, MEMBERS ABSENT: Edgar Thornton STAFF PRESENT: Sara Greenwood Hektoen, Sarah Walz, OTHERS PRESENT: Roger Lusala, Sue Schmucker, Diane Funk = i :ic? rn SPECIAL EXCEPTION ITEMS: O 73 1. EXC09- 00003: A public hearing regarding an application by the Mayor's Youth Empowerment Program for a special exception to establish a General Community Servict Use in the Intensive Commercial (CI -1) zone for property located at 1200 South Gilbert Court. Findings of Fact: The Board finds the subject property is located in the CI -1 zone and that there are other General Community Service Uses in the immediate vicinity. The Board finds that the applicant has indicated that most clients will be transported to the site by bus or van service and that normal activities related to the agency are conducted indoors during regular business hours (weekdays between 8 am and 6 pm). The Board finds that adequate access roads, drainage, and utilities are already in place for the property, however the existing parking area on the site is non - conforming and must be brought into conformance with the Off - Street Parking standards in order to establish a new use. The Board finds that the proposed site plan demonstrates that the parking area can be redesigned to provide adequate parking for staff and transportation vans, and provide the screening, pedestrian access routes, parking terminuses, and curb cuts as required by code. The submitted site plan also shows the construction of a four -foot sidewalk along Highland Court. The Board finds that the applicant must submit a final site plan as part of the building permit process, and that the Building Official will review the site plan to ensure compliance with all zoning code standards. Conclusions of Law: The Board concludes that the proposed use will not alter the overall character of the zone nor inhibit future development of uses for which the zone is primarily intended for the following reasons: 1. Most clients will travel to the agency by bus or be delivered by van service, thus minimizing the amount of vehicle traffic to and from the site; 2. Other general community service uses are already established in this commercial neighborhood; 3. All program activities are indoors; and 4. The hours of operation for the agency are primarily limited to the regular work day. 15 The Board concludes that the proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare because the applicant will redesign the parking area to bring it into conformance with the zoning standards and provide sidewalks within the Highland Court and Gilbert Court rights -of -way as demonstrated in the site plan. Because most clients are transported to the site by bus or van and because the applicant can provide on -site parking for its vehicles and all staff members, the Board concludes that the specific proposed exception will not significantly alter vehicle traffic in the area and thus 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 by minimizing the curb cuts and the reducing the entrance drives to 22 feet and by providing the other required elements for the parking area, that the applicant will have taken adequate measures to provide ingress and egress designed to minimize congestion on public streets. For these same reasons, and because the applicant's site plan demonstrates the required improvements to the parking area, 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. The Board further concludes that granting a special exception to allow this community service use for this property is consistent with the Comprehensive Plan and conforms to the applicable regulations of the CI -1 zone in all aspects other than those previously discussed above. Disposition: By a vote of 4 -0 the Board approves an application for a special exception to allow a General Community Service Use to be located in the Intensive Commercial (CI -1) zone at 1200 South Gilbert Court subject to general compliance with the site plan submitted, including compliance with the off - street parking standards and installation of sidewalks along Highland Court and Gilbert Court rights -of -way. 2. EXC09 -00004 —A public hearing regarding an application submitted by the First Mennonite Church for a special exception to allow expansion of a daycare facility located in the Medium - Density Single Family Residential (RS -8) zone at 405 Myrtle Avenue. Findings of Fact: The Board finds that the existing daycare is already approved for up to fifty children and, while currently licensed for just thirty -two children, the special exception does not seek to increase the number of children allowed at the daycare. The Board finds that most children are transported to the daycare by van, and that the church parking area exceeds the required parking for the daycare and provides space for pick up and drop off., The Board finds that Greenwood Avenue and Myrtle Avenue provide access to thug daycare facility and are both 25' wide but do not permit parking on either side. The Board finds that the existing daycare facility provides more than the required indoor space for fifty children and that the outdoor play area provides space for up to twe6t ?five`' j- FI children. The Board finds that the daycare has indicated that no more than twenty_five ? children are present in the play area at any given time. O The Board finds that the parking area for the church is non - conforming in that it lacks some3 of the screening required by code and that the church lacks a direct sidewalk connection from the adjacent right -of -way. The Board further finds that one parking space should be removed adjacent to the outdoor play area to provide for a more distinct pedestrian area for passage to the indoor facility. The Board finds that the proposed one -story addition is designed to complement the existing church in its architecture and materials. Conclusions of Law: The Board finds that the church is subject to the Multi - Family Design Standards and that the current parking lot and pedestrian access do not conform thereto. Because most children are transported to the site by van service, and because the proposed site plan demonstrates sufficient parking as well as space for pick up and drop off for the daycare facility, the Board concludes that the expansion of the day care space will not significantly alter traffic or the intensity of the use and thus it will not be detrimental to or endanger the public health, safety, comfort, or general welfare. For these same reasons the 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, nor will it impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone. The Board finds that adequate utilities, drainage and facilities are provided. The Board finds that Myrtle and Greenwood Avenues provide adequate access to the site The Board finds that the drop off /pick up are in a location that is convenient to the facility. The Board concludes that additional pavementstriping in the parking area between the daycare and the outdoor play area is necessary to provide for safe pedestrian circulation. The Board further concludes that the sidewalk from the front door of the church to Myrtle Avenue must be completed to provide safe pedestrian access on the site. The Board finds that adequate measures have been taken to provide ingress and egress designed to minimize traffic congestion on public streets since parking is not allowed on either side of Greenwood and Myrtle Avenues. Disposition: By a vote of 4 -0 the Board approves the special to allow expansion of a daycare facility located in the Medium - Density Single Family Residential (RS -8) zone at 405 Myrtle Avenue, subject to the following conditions: Council approval of an amendment to the zoning code to allow Religious /Private Group Assembly and Daycare Uses along streets with a pavement width narrower than 28 feet; 2. Required S2 screening of the parking areas as determined by the building official; 3. Striping the parking lot and removal of one parking stall adjacent to the outdoor play area to allow a designated pedestrian route between the daycare facility and the outdoor play area; and 4. Completing the sidewalk connection between Myrtle Avenue and the front entrance #b the church building. TIME LIMITATIONS: P1 _ All orders of the Board, which do not set a specific time limitation on Applicant action,$6$11 expire six (6) months from the date they were filed with the City Clerk, unless the Applipant sh all have taken action within such time period to establish the use or construct the improvement -0 authorized under the terms of the Board's decision. City Code Section 14 -8C -1 E, City of Iowa City, Iowa. N Ned Wood, Chairperson STATE OF IOWA JOHNSON COUNTY Approved by: City Attorney's Office 1, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 10th day of June, 2009, as the same appears of record in my Office. Dated at Iowa City, this day of Qk, 20 4�Y 21 � & - 4z��, Marian K. Karr, City Clerk M, utiCj 01 s� M, Doc ID: 021660430003 Type: GEN Kind: ORDINANCE Recorded: 10/23/2009 at 01:19:09 PM Fee Amt: $19.00 Peas 1 of 3 Johnson county Iowa Kim Painter Countv Recorder BK4518 PG930 -932 STATE OF IOWA ) ) SS JOHNSON COUNTY ) FCC ► r 1 CITY of IOWA CITY 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 No. 09 -4359 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20 °1 day of October, 2009, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 21" day of October, 2009. Marian K. Karr City Clerk \ord ,��'�► ► Prepared by: Karen Howard, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 (REZ09- 00005) ORDINANCE NO. 09 -4359 AN ORDINANCE REZONING 3,450 SQUARE FEET OF LAND LOCATED AT 611 SOUTHGATE AVENUE FROM COMMUNITY COMMERCIAL (CC -2) TO INTENSIVE COMMERICAL (CI -1) (REZ09- 00005) WHEREAS, the applicant, The Breese Co, Inc., has requested a rezoning of 3,450 square feet of land located at 611 Southgate Avenue from Community Commercial (CC -2) to Intensive Commercial (CI -1); and WHEREAS, the address of 611 Southgate Avenue encompasses two lots, Lot 8 and Lot 9, with Lot 9 currently zoned CC -2 and Lot 8 zoned CI -1;and WHEREAS, the applicant intends to shift the lot line of Lot 8, 23 feet to the east by plat of survey; and WHEREAS, the Iowa City Zoning Code states that "where the zones designated on the Zoning Map are bounded approximately by lot lines, the lot lines shall be construed to be the boundaries of the zones. The intent of this provision is that no lot shall be divided by a zone boundary;" and WHEREAS, it is therefore necessary to shift the zoning boundary to mirror the lot line adjustment; and WHEREAS, the subject property is in the South Planning District, which designates this area as appropriate for intensive commercial development; 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 legally described as THE WEST 23.00 FEET OF LOT 9, BLOCK 7, BRAVERMAN CENTER, IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 8 AT PAGE 69 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER, CONTAINING 0.08 ACRE (3450 SQUARE FEET) AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, is hereby reclassified from its current zoning designation of Community Commercial (CC -2) Zone to Intensive Commercial (CI -1) Zone. SECTION III. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and public n, as provided by law. Passed and approved this 20th day of October , 2009. ATTEST: / /lQi} aG��rrJ 7C • 7J✓ Cl Y CLERK Apprrooved bAy/ CityAttorneysOffice AIR �vk Ordinance No. 09 -4359 Page 2 It was moved by Hayek and seconded by Correia that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey _x Champion x Correia x Hayek x O'Donnell x Wilburn x Wright First Consideration Vote for passage NAYS: None. Second Consideration _ Vote for passage NAYS: None. Date published _10/2 9/29/2009 AYES: Champion, Correia, ABSENT: None. 10/6/2009 AYES: Hayek, O'Donnell, ABSENT: None. 3/2009 Hayek, O'Donnell, Wilburn, Wright,Bailey. Wilburn, Wright, Bailey, Champion,CorreiE PA ON Doc ID: 021663580053 Type: OEN Kind: SUBDIVISION Recorded: 10/28/2009 at 11:30:10 AM Fee Amt: $269.00 Page 1 of 53 Johnson Countv Iowa Kim Painter Countv Recorder I -, . / I I e J STATE OF IOWA ) ) SS JOIINSON COUNTY ) 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 tale and correct copy of Resolution No.09 -284, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 18th day of August, 2009, all as the same appears of record in my office. Also attached are the final legal documents for Stolle Bridge Estates, Part Six as follows: I . Owner's Certification and Dedication 2. Opinion of Attorney 3. Certificate of County Treasurer 4. Certificate of County Auditor 5. Consent of Mortgagee (MidWestOne Bank) 6. Subdivider's Agreement 7. Underground Utility Easements 8. Sanitary Sewer Easement Agreement 9. Water Main Easement Agreement 10. Storm Sewer and Drainage Easement Agreement 11. Trail Easement Agreement 12. Sanitary Sewer Easement and Storm Sewer Easement 13. Temporary Turn Around Easement Agreement 14. Termination of Temporary Turn Around Easement Agreement Dated at Iowa City, Iowa, this c� 74-I�- day of r)C —+-o 6C—r ° , 2009. Marl n -K. Karr City Clerk "ORPOR ATE- SEAL Sew --�>\aA -�B\<� 5q fires subdivision P Prepared by: Sarah Walz, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5239 (SUB09- 00005) RESOLUTION NO. 09 -284 RESOLUTION APPROVING FINAL PLAT OF STONE BRIDGE ESTATES, PART SIX, IOWA CITY, IOWA. WHEREAS, the owner, Arlington Development, Inc., filed with the City Clerk the final plat of Stone Bridge Estates Part Six, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson County, Iowa, to wit: Beginning at the Northeast Corner of Stone Bridge Estates, Part Five, in accordance with the Plat thereof Recorded in Plat Book 51, at Page 278. of the Records of the Johnson County Recorder's Office; Thence N54 °40'18 "W, along the Northerly Line of said Stone Bridge Estates, Part Five, a distance of 233.77 feet; Thence Northeasterly, 10.77 feet, along said Northerly Line on a 175.00 foot radius curve, concave Northwesterly, whose 10.77 foot chord bears N33 °33'53 "E; Thence N31 °48'04 "E, along said Northerly Line, 27.01 feet; Thence N58 °11'56 "W, along said Northerly Line, 189.00 feet; Thence S66 °07'50 "W, along said Northerly Line, 35.78 feet; Thence N76 °48'42 "W, along said Northerly Line, 120.00 feet; Thence N43 °02'28 "W, along said Northerly Line, 83.33 feet; Thence Southwesterly, 22.54 feet, along said Northerly Line on a 924.77 foot radius curve, concave Northwesterly, whose 22.54 foot chord bears S47 039'26 "W; Thence N41 °38'39 "W, along said Northerly Line, 122.07 feet; Thence S55 °37'36 "W, along said Northerly Line, 26.19 feet; Thence N39 °47'23 "W, along said Northerly Line, 130.07 feet; Thence Northeasterly, 206.51 feet, along said Northerly Line, and the Southerly Line of Stone Bridge Estates, Part Three, in accordance with the Plat thereof Recorded in Plat Book 44, at Page 57, of the Records of the Johnson County Recorder's Office, on a 670.00 foot radius curve, concave Northwesterly, whose 205.69 foot chord bears N41 °22'50 "E; Thence S57 °26'58 "E, along said Southerly Line, 125.00 feet, to the Southeast Corner of said Stone Bridge Estates, Part Three; Thence N27 °21'32 "E, along the Easterly Line of said Stone Bridge Estates, Part Three, a distance of 143.87 feet; Thence N16 058'33 "E, along said Easterly Line, 40.77 feet; Thence S70 °46'25 "E, 182.69 feet; Thence Southwesterly, 42.96 feet, along a 974.77 foot radius curve, concave Northwesterly, whose 42.95 foot chord bears S20 °29'20 "W; Thence S68 °14'55 "E, 149.41 feet; Thence N31 °48'04 "E, 19.15 feet; Thence S58 °11'56 "E, 139.00 feet; Thence N31 °48'04 "E, 13.80 feet; Thence Northeasterly, 3.56 feet, along a 653.00 foot radius curve, concave Northwesterly, whose 3.56 foot chord bears N31 °38'42 "E; Thence S58 °30'40 "E, 177.01 feet; Thence N85 °39'31 "E, 96.43 feet, to the Northwest Corner of Windsor Ridge - Part Twenty One, in accordance with the Plat thereof Recorded in Plat Book 50, at Page 93, of the Records of the Johnson County Recorder's Office; Thence S00 °00'00 "W, along the West Line of said Windsor Ridge - Part Twenty One, a distance of 53.37 feet; Thence S31 °48'04 "W, along said West Line, 493.06 feet, to the Point of Beginning. Said Tract of land contains 8.28 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 P- Resolution No. 09_284 Page 2 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: 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 right -of -way, streets, sidewalks, trails, and easements as provided by law and specifically sets aside portions of the dedicated land as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner /subdivider. Passed and approved this 18th day of ATTEST: AY.L6 e-- /P d G� CITY LERK City Attorney's Office It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey X Champion x Correia x Hayek x O'Donnell X Wilburn x Wright pcd /templateslFina l Plat -Resolution stone Bridge Pang (2).doc.doc r� OWNER'S CERTIFICATE AND DEDICATION STONE BRIDGE ESTATES - PART SIX KNOW ALL MEN BY THESE PRESENTS: Arlington Development, Inc. does hereby certify and state that it is the owner and proprietor of the following described real estate situation in Johnson County, Iowa, to -wit: See Exhibit "A" Arlington Development, Inc., does further state that the subdivision of said real estate as it appears on the Final Plat of Stone Bridge Estates - Part Six to which this certification and dedication is attached, is with its free consent and in accordance with the desire of said proprietor. The street and easements in the subdivision, hereinafter known and designated as Stone Bridge Estates - Part Six, Iowa City, Iowa, are hereby dedicated to the public, as provided by Chapter 354 of the 2009 Code of Iowa, as amended. IN WITNESS WHEREOF, the proprietors have caused these presents to be signed on this W3 day of /4eAl u 5 L° '2009. AR1I7 DEVELOPMENT, INC. By: Gary 15.-Wks, President CITY M By_ ) A-,_ k'ZA'L/ Tian K. Karr, City Clerk (00720051.DOC} P- STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this 11 day of AL- &&A , 2009 by Gary D. Watts, as President of Arlington Deve opment, Inc...- DeUsa A. f� :er (`,pmmWW Number 222035 t /ee. L MyComtnfssionExpires ee��� Notary Public in and for said State STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this — 14 `4 day of Chu , 2009 by John W. Moreland, Jr., as Secretary of Arlington De v ep1 f< o Commiseb�n Numberk2?2o35 My Commissron Expires /6W U 9 Notary Public in and for said State STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) On this _/I day of Au (,us,— , 2009, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey 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 Regenia D. Bailey 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. Sa d„ Fes+ „ Notary Public in and for said State s E9CO DRAErORT nNumbr 159791 mission Expires row [doia. f00720051.DOC) aP- EXHIBIT "A" Legal Description Stone Bridge Estate - Part Six Beginning at the Northeast Corner of Stone Bridge Estates, Part Five, in accordance with the Plat thereof recorded in Plat Book 51, at Page 278. of the Records of the Johnson County Recorder's Office; Thence N54 °40'18 "W, along the Northerly Line of said Stone Bridge Estates, Part Five, a distance of 233.77 feet; Thence Northeasterly, 10.77 feet, along said Northerly Line on a 175.00 foot radius curve, concave Northwesterly, whose 10.77 foot chord bears N33 °33'53 "E; Thence N31 °48'04 "E, along said Northerly Line, 27.01 feet; Thence N58 °11'56 "W, along said Northerly Line, 189.00 feet; Thence S66 007'50 "W, along said Northerly Line, 35.78 feet; Thence N76 048'42 "W, along said Northerly Line, 120.00 feet; Thence N43 °02'28 "W, along said Northerly Line, 83.33 feet; Thence Southwesterly, 22.54 feet, along said Northerly Line on a 924.77 foot radius curve, concave Northwesterly, whose 22.54 foot chord bears S47 039'26 "W; Thence N41 °38'39 "W, along said Northerly Line, 122.07 feet; Thence S55 037'36 "W, along said Northerly Line, 26.19 feet; Thence N39 047'23 "W, along said Northerly Line, 130.07 feet; Thence Northeasterly, 206.51 feet, along said Northerly Line, and the Southerly Line of Stone Bridge Estates, Part Three, in accordance with the Plat thereof Recorded in Plat Book 44, at Page 57, of the Records of the Johnson County Recorder's Office, on a 670.00 foot radius curve, concave Northwesterly, whose 205.69 foot chord bears N41 022'50 "E; Thence S57 °26'58 "E, along said Southerly Line, 125.00 feet, to the Southeast Corner of said Stone Bridge Estates, Part Three; Thence N27 °21'32 "E, along the Easterly Line of said Stone Bridge Estates, Part Three, a distance of 143.87 feet; Thence N16 °58'33 "E, along said Easterly Line, 40.77 feet; Thence S70 046'25 "E, 182.69 feet; Thence Southwesterly, 42.96 feet, along a 974.77 foot radius curve, concave Northwesterly, whose 42.95 foot chord bears S20 °29'20 "W; Thence S68 °14'55 "E, 149.41 feet; Thence N31 °48'04 "E, 19.15 feet; Thence S58 011'56 "E, 139.00 feet; Thence N31 °48'04 "E, 13.80 feet; Thence Northeasterly, 3.56 feet, along a 653.00 foot radius curve, concave Northwesterly, whose 3.56 foot chord bears N31 °38'42 "E; Thence S58 °30'40 "E, 177.01 feet; Thence N85 °39'31 "E, 96.43 feet, to the Northwest Corner of Windsor Ridge - Part Twenty One, in accordance with the Plat thereof Recorded in Plat Book 50, at Page 93, of the Records of the Johnson County Recorder's Office; Thence S00 000'00 "W, along the West Line of said Windsor Ridge - Part Twenty One, a distance of 53.37 feet; Thence S31 °48'04 "W, along said West Line, 493.06 feet, to the Point of Beginning. Said Tract of land contains 8.28 acres, and is subject to easements and restrictions of record. (007200ADOC) OPINION OF ATTORNEY STONE BRIDGE ESTATES - PART SIX I, Michael J. Pugh, a regular practicing attorney in Iowa City, Johnson County, Iowa, do hereby certify that I have examined an Abstract of Title to the following described real estate, to -wit: See Exhibit "A" It is hereby certified that fee simple title to said property, to become known as Stone Bridge Estates — Part Six, is in Arlington Development, Inc., free and clear of all liens and encumbrances except for the following mortgage lien: A. a mortgage in favor of MidWestOne Bank, which mortgage is dated January 25, 2007 and was recorded February 1, 2007 in Book 4125, Page 716 of the Records of the Recorder of Johnson County, Iowa. Dated at Iowa City, Iowa, this I5rL day of August, 2009. Michael J. Pugh Bradley & Riley PC Tower Place One South Gilbert Street Iowa City, IA 52240 {00720037.DOC} 1:0:11:1111111111W Legal Description Stone Bridge Estate - Part Six Beginning at the Northeast Corner of Stone Bridge Estates, Part Five, in accordance with the Plat thereof recorded in Plat Book 51, at Page 278. of the Records of the Johnson County Recorder's Office; Thence N54 040'18 "W, along the Northerly Line of said Stone Bridge Estates, Part Five, a distance of 233.77 feet; Thence Northeasterly, 10.77 feet, along said Northerly Line on a 175.00 foot radius curve, concave Northwesterly, whose 10.77 foot chord bears N33 °33'53 "E; Thence N31 °48'04 "E, along said Northerly Line, 27.01 feet; Thence N58'1 1'56"W, along said Northerly Line, 189.00 feet; Thence S66 007'50 "W, along said Northerly Line, 35.78 feet; Thence N76 048'42 "W, along said Northerly Line, 120.00 feet; Thence N43 °02'28 "W, along said Northerly Line, 83.33 feet; Thence Southwesterly, 22.54 feet, along said Northerly Line on a 924.77 foot radius curve, concave Northwesterly, whose 22.54 foot chord bears S47 °39'26 "W; Thence N41 °38'39 "W, along said Northerly Line, 122.07 feet; Thence S55 037'36 "W, along said Northerly Line, 26.19 feet; Thence N39 047'23 "W, along said Northerly Line, 130.07 feet; Thence Northeasterly, 206.51 feet, along said Northerly Line, and the Southerly Line of Stone Bridge Estates, Part Three, in accordance with the Plat thereof Recorded in Plat Book 44, at Page 57, of the Records of the Johnson County Recorder's Office, on a 670.00 foot radius curve, concave Northwesterly, whose 205.69 foot chord bears N41 °22'50 "E; Thence S57 °26'58 "E, along said Southerly Line, 125.00 feet, to the Southeast Corner of said Stone Bridge Estates, Part Three; Thence N27 021'32 "E, along the Easterly Line of said Stone Bridge Estates, Part Three, a distance of 143.87 feet; Thence N16 058'33 "E, along said Easterly Line, 40.77 feet; Thence S70 046'25 "E, 182.69 feet; Thence Southwesterly, 42.96 feet, along a 974.77 foot radius curve, concave Northwesterly, whose 42.95 foot chord bears S20 °29'20 "W; Thence S68 °14'55 "E, 149.41 feet; Thence N31 048'04 "E, 19.15 feet; Thence S58 011'56 "E, 139.00 feet; Thence N31 °48'04 "E, 13.80 feet; Thence Northeasterly, 3.56 feet, along a 653.00 foot radius curve, concave Northwesterly, whose 3.56 foot chord bears N31 038'42 "E; Thence S58 030'40 "E, 177.01 feet; Thence N85 °39'31 "E, 96.43 feet, to the Northwest Corner of Windsor Ridge - Part Twenty One, in accordance with the Plat thereof Recorded in Plat Book 50, at Page 93, of the Records of the Johnson County Recorder's Office; Thence S00 000'00 "W, along the West Line of said Windsor Ridge - Part Twenty One, a distance of 53.37 feet; Thence S31 °48'04 "W, along said West Line, 493.06 feet, to the Point of Beginning. Said Tract of land contains 8.28 acres, and is subject to easements and restrictions of record. {00720030.DOC) 999 CERTIFICATE OF COUNTY TREASURER STONE BRIDGE ESTATES - PART SIX I, the undersigned, Treasurer of Johnson County, Iowa or deputy thereof, hereby certify that the following described property, also known as Stone Bridge Estates - Part Six, is free from taxes or special assessments in the office of the Treasurer of Johnson County, Iowa: See Exhibit "A ". Dated at Iowa City, Iowa this 0th day of Au6167 '2009. Thomas L. Kriz, Treasurer Johnson County, Iowa Parcel Nos. 0907401008 0907476003 (0072004ZDOC) Legal Description Stone Bridge Estate - Part Six Beginning at the Northeast Corner of Stone Bridge Estates, Part Five, in accordance with the Plat thereof recorded in Plat Book 51, at Page 278. of the Records of the Johnson County Recorder's Office; Thence N54 040'18 "W, along the Northerly Line of said Stone Bridge Estates, Part Five, a distance of 233.77 feet; Thence Northeasterly, 10.77 feet, along said Northerly Line on a 175.00 foot radius curve, concave Northwesterly, whose 10.77 foot chord bears N33 033'53 "E; Thence N31 048'04 "E, along said Northerly Line, 27.01 feet; Thence N58 011'56 "W, along said Northerly Line, 189.00 feet; Thence S66 007'50 "W, along said Northerly Line, 35.78 feet; Thence N76 048'42 "W, along said Northerly Line, 120.00 feet; Thence N43 002'28 "W, along said Northerly Line, 83.33 feet; Thence Southwesterly, 22.54 feet, along said Northerly Line on a 924.77 foot radius curve, concave Northwesterly, whose 22.54 foot chord bears S47 °39'26 "W; Thence N41 °38'39 "W, along said Northerly Line, 122.07 feet; Thence S55 037'36 "W, along said Northerly Line, 26.19 feet; Thence N39 047'23 "W, along said Northerly Line, 130.07 feet; Thence Northeasterly, 206.51 feet, along said Northerly Line, and the Southerly Line of Stone Bridge Estates, Part Three, in accordance with the Plat thereof Recorded in Plat Book 44, at Page 57, of the Records of the Johnson County Recorder's Office, on a 670.00 foot radius curve, concave Northwesterly, whose 205.69 foot chord bears N41 °22'50 "E; Thence S57 026'58 "E, along said Southerly Line, 125.00 feet, to the Southeast Corner of said Stone Bridge Estates, Part Three; Thence N27 °21'32 "E, along the Easterly Line of said Stone Bridge Estates, Part Three, a distance of 143.87 feet; Thence N16 °58'33 "E, along said Easterly Line, 40.77 feet; Thence S70 046'25 "E, 182.69 feet; Thence Southwesterly, 42.96 feet, along a 974.77 foot radius curve, concave Northwesterly, whose 42.95 foot chord bears S20 °29'20 "W; Thence S68 °14'55 "E, 149.41 feet; Thence N31 °48'04 "E, 19.15 feet; Thence S58 011'56 "E, 139.00 feet; Thence N31 048'04 "E, 13.80 feet; Thence Northeasterly, 3.56 feet, along a 653.00 foot radius curve, concave Northwesterly, whose 3.56 foot chord bears N31 °38'42 "E; Thence S58 030'40 "E, 177.01 feet; Thence N85 °39'31 "E, 96.43 feet, to the Northwest Corner of Windsor Ridge - Part Twenty One, in accordance with the Plat thereof Recorded in Plat Book 50, at Page 93, of the Records of the Johnson County Recorder's Office; Thence S00 °00'00 "W, along the West Line of said Windsor Ridge - Part Twenty One, a distance of 53.37 feet; Thence S31 °48'04 "W, along said West Line, 493.06 feet, to the Point of Beginning. Said Tract of land contains 8.28 acres, and is subject to easements and restrictions of record. {00720030.DOC} CERTIFICATE OF COUNTY AUDITOR STONE BRIDGE ESTATES - PART SIX I, Tom Slockett, the Johnson County Auditor, hereby approve of Stone Bridge Estates — Part Six as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: See Exhibit "A ". {00720046.DOC} Date ' y Legal Description Stone Bridge Estate - Part Six Beginning at the Northeast Corner of Stone Bridge Estates, Part Five, in accordance with the Plat thereof recorded in Plat Book 51, at Page 278. of the Records of the Johnson County Recorder's Office; Thence N54 040'18 "W, along the Northerly Line of said Stone Bridge Estates, Part Five, a distance of 233.77 feet; Thence Northeasterly, 10.77 feet, along said Northerly Line on a 175.00 foot radius curve, concave Northwesterly, whose 10.77 foot chord bears N33 °33'53 "E; Thence N31 048'04 "E, along said Northerly Line, 27.01 feet; Thence N58 °1 1'56 "W, along said Northerly Line, 189.00 feet; Thence S66 007'50 "W, along said Northerly Line, 35.78 feet; Thence N76 °48'42 "W, along said Northerly Line, 120.00 feet; Thence N43 °02'28 "W, along said Northerly Line, 83.33 feet; Thence Southwesterly, 22.54 feet, along said Northerly Line on a 924.77 foot radius curve, concave Northwesterly, whose 22.54 foot chord bears S47 039'26 "W; Thence N41 °38'39 "W, along said Northerly Line, 122.07 feet; Thence S55 °37'36 "W, along said Northerly Line, 26.19 feet; Thence N39 °47'23 "W, along said Northerly Line, 130.07 feet; Thence Northeasterly, 206.51 feet, along said Northerly Line, and the Southerly Line of Stone Bridge Estates, Part Three, in accordance with the Plat thereof Recorded in Plat Book 44, at Page 57, of the Records of the Johnson County Recorder's Office, on a 670.00 foot radius curve, concave Northwesterly, whose 205.69 foot chord bears N41 °22'50 "E; Thence S57 °26'58 "E, along said Southerly Line, 125.00 feet, to the Southeast Corner of said Stone Bridge Estates, Part Three; Thence N27 °21'32 "E, along the Easterly Line of said Stone Bridge Estates, Part Three, a distance of 143.87 feet; Thence N16 °58'33 "E, along said Easterly Line, 40.77 feet; Thence S70 °46'25 "E, 182.69 feet; Thence Southwesterly, 42.96 feet, along a 974.77 foot radius curve, concave Northwesterly, whose 42.95 foot chord bears S20 029'20 "W; Thence S68 °14'55 "E, 149.41 feet; Thence N31 °48'04 "E, 19.15 feet; . Thence S58 011'56 "E, 139.00 feet; Thence N31 °48'04 "E, 13.80 feet; Thence Northeasterly, 3.56 feet, along a 653.00 foot radius curve, concave Northwesterly, whose 3.56 foot chord bears N31 038'42 "E; Thence S58 030'40 "E, 177.01 feet; Thence N85 039'31 "E, 96.43 feet, to the Northwest Corner of Windsor Ridge : Part Twenty One, in accordance with the Plat thereof Recorded in Plat Book 50, at Page 93, of the Records of the Johnson County Recorder's Office; Thence S00 000'00 "W, along the West Line of said Windsor Ridge - Part Twenty One, a distance of 53.37 feet; Thence S31 °48'04 "W, along said West Line, 493.06 feet, to the Point of Beginning. Said Tract of land contains 8.28 acres, and is subject to easements and restrictions of record. {00720030.DOC) 99- CONSENT OF MORTGAGEE TO SUBDIVISION STONE BRIDGE ESTATES - PART SIX The undersigned, MidWestOne Bank, is the Mortgagee of the Mortgage from the following: A. Arlington Development, Inc., dated the 251h day of January, 2007, and recorded the 15t day of February, 2007, in Book 4125, at Page 716 of the Mortgage Records of the Recorder of Johnson County, Iowa. Said Mortgage records therein that property to be designated as Stone Bridge Estates - Part Six and legally described on the attached Exhibit "A ". That the undersigned Mortgagee, pursuant to the provisions of Chapter 354, Code of Iowa, does hereby consent to the platting of this subdivision by Arlington Development, Inc. and does hereby release from said mortgage all streets, easements, outlots or other areas to be conveyed or dedicated to the City of Iowa City, Iowa. Dated this /-f day of August, 2009. 1 fiOliPOHAIE SEAae t. 1// (tA (00720035.DOC) i N STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) On this 12 day of August, 2009, before me, the undersigned, a Notary Public in and forthe State of Iowa, personally appeared Kenf L 3611c and Jerr./ L VCuint to me personally known, who being by me duly they are the ... f +ce Pre, .de.lf and Vice Pres:denH of the corporation and foregoing instrument to which this is attached, that 06 seal h the corporation; that said instrument was signed on behalf of authority of its Board of Directors; and that kti-) t L Jch iy- and officers acknowledged the execution of the foregoing instrument to and deed of the corporation, by it and by them voluntarily executed. . LORIL.JOHNSON Commiselon NUmt"170f03 M Comm. EzP' Z'�1' Y {00720045DOC) sworn, did say that executing the within as been procured by the corporation by J e:rn/ I- dca1ni as be the voluntary act Notary Public irOnd for said State J Prepared by and after Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511 recording return to: Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 SUBDIVIDER'S AGREEMENT STONE BRIDGE ESTATES - PART SIX THIS AGREEMENT made by and between Arlington Development, Inc., hereinafter referred to as "Subdivider", and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the "City ". WITNESSETH IT IS, THEREFORE, HEREBY AGREED AS FOLLOWS: Section 1. Public Improvements. In consideration of the City approving the plat of Stone Bridge Estates - Part Six, Iowa City, Iowa, an addition to the City of Iowa City, Iowa, the Subdivider agrees, as a covenant running with the land that, except as provided in this Agreement, the City shall not issue any building permit on any lots in said subdivision unless and until Subdivider installs and City accepts the following improvements: (a) Concrete paving at least 28 feet in width on Liverpool Lane, Arlington Drive and Colchester Drive. (b) Water mains, storm sewers, tile lines and sanitary sewers as required by the City. (c) Subdivision erosion control measures as required by the City under its ordinances. (d) Concrete trail eight feet (8') in width within the Trail Easement shown on Outlot "E ", said trail to be constructed in accordance with the plans and specifications approved by the Iowa City Engineer, (00720068.DOC) d' -2- (e) A temporary turnaround at the end of Colchester Drive and Arlington Drive according to plans and specifications approved by the City. The paving, storm sewers, tile lines, water mains, sanitary sewers, sidewalks, temporary turnaround and trail are hereinafter referred to as "Improvements." Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall the Subdivider be deemed acting on the City's agent during the original construction and installation of said Improvements. The parties agree that the obligation to install the Public Improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Subdivider until completion by the Subdivider, and until acceptance by the City, as provided by law. Section 2. Storm Water Management. The City of Iowa City installed a regional storm water detention facility located on the south branch of Ralston Creek just east of Scott Boulevard. The Subdivider is responsible to install storm sewers and drainage swales which together will transport and convey the peak rate of runoff generated from a 100 -year return frequency storm from the development to Ralston Creek. Section 3. Construction of Improvements. The Improvements described in Section 1 of this Agreement shall be constructed and installed by the Subdivider according to plans and specifications approved by the City Engineer of the City of Iowa City, who shall have the right to make occasional inspection of the work in progress. Such inspections shall not relieve or release the Subdivider from its responsibility to construct said Improvements in accordance with the approved plans and specifications. Further, said inspections shall not create a duty or warranty on the part of the City that the construction of said Improvements are in compliance with said plans and specifications. Section 4.. Sidewalks. The Subdivider agrees to install sidewalks adjacent to Liverpool Lane, Arlington Drive, Colchester Drive and Eversull Lane. Said sidewalks shall be at least four (4) feet in width and shall be constructed according to plans and specifications approved by the City Engineer and as per Section 15 -3 -3 of the Iowa City Code of Ordinances. Sidewalks shall be installed adjacent to each lot prior to the issuance of an occupancy permit for a building constructed on any lot in the subdivision and shall remain a lien on said lots until installed and released by the City and the release duly recorded in the Johnson County Recorder's Office as required by Section 14 -7A -6 subparagraph 6(B), Iowa City Code of Ordinances. Section 5. Building Permits and Escrow Monies. If the Subdivider should desire a building permit for a building on any lot in said (00720068.DOC) 9a' - 3 - subdivision before the Improvements have been installed, the Subdivider shall deposit with the Department of Housing and Inspection Services, in escrow, an amount equal to the estimated cost of constructing said Improvements plus ten percent (10 %) thereof (hereinafter "Improvements Escrow "). The City Engineer shall determine the amount of the escrow which shall be collected for each building permit issued prior to the installation of the Improvements. In addition to the Improvements Escrow, if Subdivision Erosion Control measures have not been installed, with ground cover established by growth, the City may require, as a condition to the issuance of the first building permit for construction with the subdivision, that the Subdivider deposit in escrow with the City the sum of $2,000.00 (the "Erosion Clean -up Escrow ") to assure reimbursement for the cost of cleaning public streets, storm sewers, gutters or catch basins, which may be incurred by the City as a result of erosion from any lot in the Subdivision. The Subdivider shall be responsible for the cost of any such clean -up; and to the extent that the Subdivider fails to accomplish erosion clean -up after reasonable notice from the City, the City is hereby authorized but not obligated to do the work and to charge the cost thereof to the Erosion Clean -up Escrow, if adequate, and to charge any excess costs to the Subdivider. If the Erosion Clean -up Escrow is insufficient to pay the costs incurred by the City, the Subdivider shall promptly reimburse the City for the excess costs incurred. The unused balance of the Erosion Clean -up Escrow shall be returned to the Subdivider after erosion control measures have been installed, and ground cover has been established by growth. After the Erosion Clean -up and Improvements Escrows have been established, the Building Inspector of the City is authorized to issue a building permit, if the applicant is in compliance with all other applicable requirements and ordinances of the City. Section 6. Occupancy Permit. Prior to the issuance of an occupancy permit for any structure erected pursuant to Section 5, the City in its discretion may require the Subdivider, its assigns or successors in interest, to construct and install the Improvements as stated in Section 1 and the sidewalks as stated in Section 4. Section 7. Use of Escrow Monies. If, after the issuance of an occupancy permit, the Improvements have not been constructed and installed, the City may use funds deposited in the Improvements Escrow to construct and install such Improvements. If the cost of the construction and installation of said Improvements exceeds the amount of said escrows, the City shall have a lien and charge against all the lots in the subdivision for the balance of the cost. After the construction and installation of the Improvements, the City shall refund to the Subdivider any Improvements Escrow monies not used by the City for the construction and installation of such Improvements. (00720068.DOC) -4- 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 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 sidewalks shall remain a lien against the lots in the subdivision. It is further agreed that this requirement to construct said Improvements and sidewalks is and shall remain a lien from date of execution and recording of this agreement until properly released, as hereinafter provided. Section 9. Release. The City agrees that when the Improvements have been installed as required to the satisfaction of the City, the City will, upon request, promptly issue to the Subdivider, for recording in the Office of the Johnson County Recorder, a good and sufficient release for the lots in the subdivision so that this Agreement will not constitute a cloud upon the title of the lots in the subdivision. The Iowa City Mayor and City Clerk are hereby authorized to execute said release, and all other necessary and appropriate releases, with the concurrence of the City Attorney and City Engineer. A separate sidewalk lien release will be issued where appropriate as set forth in Section 4. This section also authorizes the execution of one or more limited release agreements, based on the escrows for improvements as contemplated by Section 5 above and as may be acceptable to the City. Section 10. Street Maintenance and Public Services. The Subdivider agrees that public services, including but not limited to street maintenance, snow removal, and solid waste collection, will not be extended to the subdivision until Arlington Drive, Colchester Drive, and Liverpool Lane are installed and accepted by the City. Section 11. Neighborhood Open Space. The City's Neighborhood Open Space Ordinance requires the dedication of 1.75 acres of property, or the payment of a fee in lieu thereof, in connection with the preliminary plat of this subdivision and adjacent property (1.15 acres for Stone Bridge Estates Parts Five through Nine and .6 acres for Windsor Ridge Part Twenty - One). It is agreed that said requirement shall be met upon development of Stone Bridge Estates — Part Eight, by the dedication to the City of Outlot B as shown on the preliminary plat thereof. This obligation shall bind the successors and assigns of all of parties hereto, and shall apply to and run with the land and with the title to Subdivider's adjacent land (00720068.DOC) M The City agrees that the Restrictive Covenant regarding the dedication of Neighborhood Open Space, recorded in Book 3964, at Page 420 of the Records of Johnson County, Iowa, is released as it pertains to this Subdivision. Section 12. Miscellaneous. (a) All electrical, telephone and cable television service and distribution lines shall be installed underground. The Lots in the subdivision shall not have direct vehicular access on to Court Street. (b) Outlot "E" within the subdivision shall be private open space for the benefit of all lots in the subdivision and not for public use. Said Outlot shall be owned and maintained by the Subdivider, or an Owners association. The cost of maintaining Outlot E shall be shared by all subdivision lot owners through a homeowners association. Any costs incurred by the City due to failure by the homeowners association to meet its obligations under the provisions of this Section and City Ordinance 14- 3A -4(J) shall be assessed against, and will be become a lien against all lot owners located within the subdivision in favor of the City. Such assessment shall be by written instrument and recorded in the Office of the Johnson County Recorder. (c) The Subdivider and /or its successors in interest, which may be a homeowner's association, shall have the obligation to maintain Outlot E, including the trail within Outlot E. If the Subdivider or Subdivider's successors in interest fail to meet said maintenance obligations in accordance with this agreement, the City shall have the right to perform said maintenance. Subdivider acknowledges and agrees that all lots in the Subdivision are specifically benefited by Outlot E, so that the cost of said maintenance by the City shall be a lien and charge against all of the lots in the Subdivision. The cost of said maintenance need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. (d) Basements are permitted in dwelling units for all lots in the subdivision; however, basements for dwelling units on lots 51 through 56 are subject to the following conditions and restrictions: Basements shall be equipped with a sump pump and adequate foundation tile with discharge into the subsurface drainage system located adjacent to Colchester Drive. Proper installation of the sump pump and foundation tile shall be the sole responsibility of the Subdivider and /or contractor, and the City shall not be responsible for inspecting the installation of the sump pump and foundation tile. Discharge of the roof drains and downspouts of dwellings into the subsurface drainage system is prohibited. To ensure compliance with these provisions concerning basements for dwellings constructed on lots 51 through 56 in the subdivision, the property owner's registered engineer shall certify the following: (1) There is no discharge of roof drains and downspouts of dwelling into the subdivision's subsurface drainage system; and (00720068.DOC) -6- (2) The foundation tile and sump pump have been properly installed to the subdivision's subsurface drainage system; (e) Prior to the issuance of the first building permit, the Subdivider shall pay the City a water main extension fee in the amount of $3,270.60 (8.28 acres x $395 per acre). (f) Upon the City's acceptance of the Public Improvements as stated in Section 1, the Temporary Turn - Around Easement granted as a part of Stone Bridge Estates — Part Five recorded in Book 4133, at Page 511, of the Records of Johnson County, Iowa, shall be considered terminated. (g) Lots 57 through 63 have restrictive minimum low opening (MLO) elevations, as noted on the final plat. The MLO elevation for these lots is 736.70. (h) Plat notes and surveyor's notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant, or create any third party beneficiaries to any noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any applicable public notice and approval process required by law, to alter or amend any plat note, or to sell or vacate any right -of -way, street, alley, park, easement, open area or other land set apart and dedicated for public use within the plat. The City further reserves the right, upon request of the owner or successor in interest, to vacate the plat and /or relocate any easement, alter lot boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law. Section 13. Binding Effect. This agreement shall inure to the benefit and bind the successors and assigns of the respective parties hereto and shall be construed as a covenant running with the title to the lots within the subdivision. [THE REMAINDER OF THIS PAID INTENTIONALLY LEFT BLANK] {00720068.DOC} -7- Dated this _ day of &I u5 L- 12009. ARLINGT VELOPMENT, INC. By Gary D Watts, President By i re \ Uohn W. Moreland, Jr., Secretary CITY O? WA CITY, IOW �� I '1 0 ATTEST: arian K. Karr, City Clerk STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) is D. Bailey, This instrument was acknowledged before me on this 1 .3 4", day of 4qq (cpt , 2009 by Gary D. Watts as President of Arlington Development, Inc. Li�an Commission Num r °2035 �`., , � My Commission Cxpues 4 -zo ^ao + STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) o Notary Public in and for said State � � This instrument was acknowledged before me on this l day of Aujtl 2009 by John W. Moreland, Jr. as Secretary of Arlington Development, Inc. ® ry p Commission Number 2 MyCommisslon EXpiree X35 � Notary Public in and for said State (00720068.00c) 29- - s - STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) On this /9 day of AytGuS1" 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, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. k4w59791 ires - (00720068.DOC) s",d r,.rb Notary Public in and for said State Prepared by and after Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511 recording return to: Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 UNDERGROUND UTILITY EASEMENTS STONE BRIDGE ESTATES - PART SIX In consideration of the approval of the Final Plat of Stone Bridge Estates - Part Six, Iowa City, Iowa, the undersigned owner (hereinafter "Grantor") hereby grant to MidAmerican Energy, Qwest Communications International, Inc. and Mediacom, and their successors (hereinafter collectively "Grantees "), a perpetual easement upon, over, under, along and across the areas designated on the Final Plat of Stone Bridge Estates — Part Six, Iowa City, Iowa, as "Utility Easement ", as located within the Subdivision. The Grantees of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purpose of serving the Subdivision and other property with electricity, gas, and communication service; the right to trim, cut down and remove such trees, brush, saplings and bushes as may interfere with the proper construction, maintenance, operation or removal of said facilities, equipment and appurtenances; and the right of ingress and egress for all of the purposes aforesaid. Grantees shall promptly backfill any trench made by them, and repair any damages caused by them within the easement areas. Grantor, its successors in interest and assigns, reserves the right to use said easement areas for purposes which will not interfere with the Grantee's full enjoyment of rights hereby granted; provided that Grantor shall not erect or construct any reservoir, retaining wall, fence, or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. No permanent dwellings or trees shall be placed on the areas so designated for utility easement but, with advance written authorization from the Grantee's representatives, the same may be used for gardens, shrubs, minor landscaping and (00720172.DOC) -2- other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. Grantee's rights, however, include the right to remove and /or clear away any such gardens, shrubs, minor landscaping, bushes and plantings within the easement area without compensation to Grantor or its successor in interest. Dated this f3N° day of Aa y a S , 2009. ARLINGT VELOPMENT, INC. By: 1,tazk:�l Gary D. W tts, President STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this Iat' day of NuGut�-F 2009 by Gary D. Watts as President of Arlington Development, Inc �-B ®eL1sa A. ®a6cer .A r t;•pmmisslon Number 222036 Mycommiss on ExpiMs _4, oil ow STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) Notary Public in and for said State This instrument was acknowledged before me on this IW�= day of Au , 2009 by John W. Moreland, Jr. as Secretary of Arlington De loev pment, Inc. 4gEnta -� n�LIS A 7r, ° Commission NJ.m) r? MyCommi , ; [00720172.000} Notary Public in and for said State Prepared by and after Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511 recording return to: Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 SANITARY SEWER EASEMENT AGREEMENT STONE BRIDGE ESTATES — PART SIX THIS AGREEMENT, made and entered into by and between Arlington Development, Inc. (Subdivider), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Subdivider hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings, for the use in connection with said lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as "Sanitary Sewer Easement' as shown on the Final Plat of Stone Bridge Estates - Part Six, hereafter described as "easement area." Subdivider further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas to such extent as the City may find reasonably necessary. (00720169.DOC) -2- 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement areas and also to trim, cut down and clear away any trees on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said easement areas, or which may interfere with the exercise of the City's rights hereunder in any manner. 3. The right to enter onto land beyond the easement area to conduct emergency repairs that may extend beyond the easement area, without obtaining a separate temporary easement. City's right to do such work shall be effective only upon City's prior notice to owners and with minimal disruption of the area. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement areas. The City shall indemnify Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement areas. Subdivider reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Subdivider shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Fences and /or trees placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and Subdivider has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Subdivider until completion by Subdivider, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. (00720169.DOC) d' -3- Dated this '13* day of Auj uS E 2009. ARLINGT DEVELOP MENT, INC. By. i), NO— Gary D. atts, President W. Moreland, Jr., Secretary CITY O%1�PWA CITY, 0 ATTEST: By: R . 7 arian K. Karr, City Clerk STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) D. Bailey, Mayor This instrument was acknowledged before me on this 13 day of Nay , 2009 by Gary D. Watts as President of Arlington Development, Inc. A 1-1 Baker c Cam Number 222035 � }O.•.Z� Expire v!avin1�� �1 STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) "4' (- . Bakc,` Notary Public in and for said State This instrument was acknowledged before me on this / V day of Au.cU , 2009 by John W. Moreland, Jr. as Secretary of Arlington Development, Inc. � 9 �'af 4ommw on P MyGommis5io1 as �4.1L (00720169.DOC) & ce l4 cs- U__'1- Notary Public in and for said State -4- STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) On this 19 day of AuGUs-r , 2009, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Baileyand 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 Regenia D. Bailey 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. F'1AW , F— S ONDRAE FORT mssion Number 159791 y Commission Expires Z. Notary Public in and for said State {00720169.DOC} 99' Prepared by and after Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511 recording return to: Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 WATER MAIN EASEMENT AGREEMENT THIS AGREEMENT made by and between John W. Moreland, Jr. and Sandra J. Moreland, husband and wife and Gary D. Watts and Becky J. Watts, husband and wife, (collectively "Owner"), which expression shall include its successors and assigns, and the City of Iowa City, Iowa, a municipal corporation hereinafter called the "City ". WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such water lines, pipes, mains, and conduits as the City shall from time to time elect for conveying water, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as "WATERMAIN EASEMENT" as shown on Exhibit "A ", attached hereto and incorporated herein, hereafter described as "easement area." Owner further grants to the City: 1. The right of grading said easement area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement area and also to trim, cut down and clear away any trees on either side of said easement area which now or hereafter in the opinion 100720098.DOCr U� - 2 - of the City may be a hazard to said easement area, or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Owner reserves the right to use said easement area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that Owner shall not erect or construct any building, fence, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement area. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and has good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this I3µ° day of /?'k,9 u s (-- 2009. (BI Becky Watts t00720098.DOC} M ATTEST: By: n aNarr, City Clerk Jo n . Moreland, Jr. Sand a J. Moreland CITY OF IOWA CITY, IOWA STATE OF IOWA ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this L34—t� day of fV , 2009 by Gary D. Watts, ,,� DaL7taA Lkr N W m*wm Nuu� My CalmMsslo STATE OF IOWA ) ss: COUNTY OF JOHNSON ) Notary Public in and for said State E. This instrument was acknowledged before me on this t�. � day of ALkjuk- , 2009 by John W. Moreland, Jr. �OLisa A Cx Etes L(L t L . < Yal Commisslon 11 be Fxpl 035 Notary Public in and for said State My Com Ission Ex�u s ry d'��sG (00720098.DOC) STATE OF IOWA ss: COUNTY OF JOHNSON - 4 - This instrument was acknowledged before me on this 134 day of � rlUr tclat _ 2009 by Becky J. Watts. / - ° 'At Use A Better ; CommFsslon Numbor tr MyCom Ission Notary Public in and for said State STATE OF IOWA ss: COUNTY OF JOHNSON This instrument was acknowledged before me on this %`�8' day of ��C4u 2009 by Sandra J. Moreland. /�// SaAll J as u �Tk22 ,I P B Commissbn Number 222035 Notary Public in and for said State PAyCommi -'on Explr STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) On this 19 day of Au6usT , 2009, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey land 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 Regenia D. Bailey 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. r s S --tE FORT i Commission Number 159791 My Commission Expires row (0072009B.DOC) ScnQnat_ Esr'G Notary Public in and for said State 92' u mom ou °�+noNe o coon ?nom JW z w � ¢ on ° i ° N'y^ »fin o- n'mo�o osm e31-z xe 3?�oS em =,w8ma »s cSw f a� o n m >cz O D upp °m °n NBmd e� $ yo nmV _pj�A..�NO °o, gym? O.NNN°NNO Npm' ZA Z � �nuci g OOO�N �O ��O.: m�?J<m+3~gU eJpo S 10 ea N- EO �I NiA I = ¢ £9s- i ° m R o n m >cz O D upp O o € 'i'c° --£zi�i��9$z28 g 8 $ Fys �o� iNNC Nr534l53 Z{ i I'flo 9 izz- li3° Nx pi w °m -mi W�ti �R< U) 9 o��° o08�0 9oV 6y6 t; -� FO Z SmT -LJm nDm UDm ILz 00) D -o m °w_°m ° m R o n m >cz O D N S o € g c0 Z > � ;6 m Z{ i I'flo o w °m -mi W�ti t; -� FO Z SmT -LJm nDm UDm \m<e \<i <a- zoa- \eiauxsH e.A a /e /zecA izan zz w�co� Prepared by and after Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511 recording return to: Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 STORM SEWER AND DRAINAGE EASEMENT AGREEMENT STONE BRIDGE ESTATES - PART SIX THIS AGREEMENT, made and entered into by and between Arlington Development, Inc. (Owner), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such storm water lines, pipes, mains, conduits, and overland drainageways as the City shall from time to time elect for conveying storm water, with all necessary appliances and fittings, for the use in connection with said lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as "Storm Sewer Easement', "Storm Sewer and Drainage Easement", "Storm Sewer Ease" and "Drainage Easement' as shown on the Final Plat of Stone Bridge Estates - Part Six, 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 f 00720173.DOC) O� -2- City may be a hazard to said easement area, or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Owner reserves the right to use said easement area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement area. Fences and /or trees placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this / 3 l-' day of At y u S t 12009. ARLING DEVELOPMENT, INC. By - -_ (_oni N�ffc Procirlonf {00720I73.DOC }2 M -3- CITY OF IOWA CITY, IOWA By: &ZO 2)22: ATTEST: Rege V. Bailey, Mayor Marian K. Karr, City Clerk STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this l x` day of �uC,(L4A 2009 by Gary D. Watts as President of Arlington Development, A. Inch Baker C0fMIFB60 Number 222035 My Commisslon Expires Notary Public in and for said State STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) This instrument was acknowledged before me on this N day of NiVyl.0 , 2009 by John W. Moreland, Jr. as Secretary of Arlington Development, Inc. ° j'\ Commission Number 222035 ow WMy C�ormrdssion Expires ]n_nnu Notary Public in and for said State STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) On this day of 4I t(Gy5 r- , 2009, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey 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 Regenia D.Bailey arldMarian K. Karr acknowledge the {00720 t 73. Doc) 3 9:;'� -4- 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. oJy'�prs SONDRAErORT i Commission Number 159791 My Commission Expires Notary Public in and for said State ww % Zo R {00720173.DOC }4 Prepared by and after Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511 recording return to: Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 TRAIL EASEMENT AGREEMENT STONE BRIDGE ESTATES - PART SIX THIS AGREEMENT, made and entered into by and between Arlington Development, Inc. (Subdivider), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Subdivider hereby grants and conveys to the City an easement for the purpose of establishing and using a public trail over and across the area designated as "Trail Easement" within Outlot "E" as shown on the Final Plat of Stone Bridge Estates - Part Six, hereafter described as "easement area." Subdivider further grants to the City: 1. The right of grading said easement area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement area and also to trim, cut down and clear away any trees on either side of said easement area which now or hereafter in the opinion of the City may be a hazard to said easement area, or which may interfere with the exercise of the City's rights hereunder in any manner. (00720177.00c) -2- 1 The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. 4. Subdivider reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Subdivider shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Fences and /or trees placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. 5. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and Subdivider has a good and lawful right to convey it, or any part thereof. 6. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Subdivider until completion by Subdivider, and until acceptance by the City, as by law provided. After a public trail is constructed by subdivider on the easement area, Subdivider shall bear the responsibility of maintaining the easement area, including snow and ice removal and general maintenance of the trail. 7. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this 131`' day of August, 2009. (00720177.DOC) DEVELOPMENT, INC. President W. Moreland, Jr., Secretary IBM CITY OF IOWA CITY, IOWA By:_ R. a is 'D- Ma t ATTEST: By: AaL"?4'tJ A- Z4'4/ Marian K. Karr, City Clerk STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this B46 day of RuqU'dA , 2009 by Gary D. Watts as President of Arlington Development, Inc. G�LiezlEa Ei rY:> "' Commission Number r22:t5 11 My CommissionEy 11., STATE OF IOWA ) ss: COUNTY OF JOHNSON ) 1 11 Q. 3ci- Notary Public in and for said State This instrument was acknowledged before me on this tTO-� day of Pcu u'a;E , 2009 by John W. Moreland, Jr. as Secretary of Arlington DevOlopment, Inc. o,� r D6L7ae�A ®aker Commiaebn Number 22203 My on Expires STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) Cc:l� Notary Public in and for said State On this /1 day of AuGUsj- , undersigned, a Notary Public in and for the State of Iowa, Regeni a D. Bai l eyand Marian K. Karr, to me personally known, duly sworn, did say that they are the Mayor and City Clerk, res Iowa City, Iowa; that the seal affixed to the foregoing instrume 2009, before me, the personally appeared and who, being by me pectively, of the City of nt is the corporate seal (00720177.DOC) O -4- of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council; and that Regenia D. Bailey 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. t t t s SONDRAE FORT z Commission Number 159791 My Commission Expires ow 0I? (00720177.DOC) soy'd.'ac 1'aA Notary Public in and for said State N Prepared by and after recording return to: Michael J. Pugh Bradley & Riley PC One South Gilbert Street Iowa City, IA 52240 Phone(319)466 -1511 FAX (319) 358 -5580 SANITARY SEWER EASEMENT AND STORM SEWER EASEMENT THIS AGREEMENT, made and entered into by and between Gary D. Watts and Becky J. Watts, husband and wife and John W. Moreland, Jr. and Sandra J. Moreland, husband and wife (collectively "Owner"), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of grading and /or excavating for and the installation, replacement, maintenance and use of 1) sanitary sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage; and 2) storm sewer lines, pipes, mains and conduits as the City shall from time to time elect for conveying stormwater; and to facilitate use of the easement area for the purposes for which it has been granted. This easement for multiple purposes shall also allow all necessary equipment, appliances and fittings, for the use in connection with said multiple purposes, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas described as "Storm Sewer and Sanitary Sewer Easement' on Exhibit "A" and "Sanitary Sewer and Storm Sewer Easement' on Exhibit "B ", attached hereto and incorporated herein by reference, and referred to herein as "Easement Areas ". Owner further grants to the City: 1. The right of grading said easement area for the full width thereof and to extend the cuts and fills for such grading into and onto said lands along and outside of the said Easement Areas to such extent as the City may find reasonably necessary. 100743412.DCC} O 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 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 Owner shall have no responsibility for maintaining, repairing or improving the Easement Areas. 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 Owner has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City or the Owner to install the original public improvement at issue herein. The Owner shall install the public improvements in accordance with City specifications in connection with the final platting of adjacent property known as Stone Bridge Estates — Part Five. In connection with any such installations by the Owner, the Owner shall not be deemed acting as the City's agent during the original construction and installation of such improvements. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and all Owner's obligations for installation of initial improvements shall remain on Owner until completion and until acceptance by the City, as by law provided. After acceptance of the initial improvements, the City shall, at its expense, thereafter maintain, repair and replace any such public improvements and otherwise maintain the Easement Areas. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the Easement Areas. City covenants and agrees that existing driveways, fences, underground drainage tile or other site features, which are removed or disturbed shall, to the extent reasonably possible, be replaced by City to conform with features or items removed during maintenance of the public improvements. City covenants and agrees to remove and stockpile existing topsoil from areas to be excavated, to be used in the event of any repair. Following installation of the public improvement, all areas within the Easement Areas which are disturbed will be graded to {00743412.o0C) r form a uniform slope, and topsoil shall be replaced and respread over disturbed areas, thereby restoring said area substantially to its prior condition. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. SIG this /3 day of �r��eL5 ,2009. Gary D. Watts Becky . W tts W. Moreland, Jr. A CITY. I D. Bailey, ATTEST` By: Oi�lliLGra ,rte - f Mari'an K. Karr, City Clerk (,' - I Y lUdl'u Sa ra J. Morelan STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me on this I � day of RIA 2009 by Gary D. Watts. Commbsbn N %W5 Mvr�mmiseronE�ires Notary Public in and for said State -Le STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me on this 12 ' fl day of A110% , 2009 by Becky J. Watts. bsU— A. er � o` Number 22203 -sw 4 -70 )-011 Notary Public in and for said State 100743412. DOC13 49� STATE OF IOWA, COUNTY OF JOHNSON) ss: 5 This instrument was acknowledged before me on this y� day of 2009 by John W. Moreland, Jr. bebsa A.- ° xr Commission Number 29W0 3 MyCommis5lon Cx ;�;.. Notary Public in and for said State STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me on this ��' day of A k, 2009 by Sandra J. Moreland. x commission Number 222035 NtyComm1wonExpires v -1a zo n Notary Public in and for said State STATE OF IOWA, COUNTY OF JOHNSON) ss: On this -13-- day of Au6u< --- , 2009, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Regenia D.Bailey 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 Regenia D.Bai IeyandMarian 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. SON FORT S'tsn[�icu.0 iJ� Commission Number 158791 My Commission Expires Notary Public in and for said State ow / { 00743412. Doc 14 �� c �P e Cm � •�o� J �m n m m $�Ibi4 0 � R w �i� L +W I ES p Qx �8 m zai Oo o�O F9 a ?mnm ZJO ° S 8 C �,n vAZn A6 NO maJO• 1°1-1 n.Ort ^°� ^�TVJb�1 .Z A0A0.^i m �Up N4�t�. �I%N »m Qu° min °mm .Ima Nmz^ rnx I ,<sc � ,°�� miuo ye_OiN$go EO �°O. Om 44_ S'Om aZ?IZ °'O-C yN°a ^� N OS °Abm >>a OmH o mom ^ mgm o c�' 2 ° - bAn�N °mm m = D o , ^�2n OA m(Si ^m 0^ ,Gem o,OQ ynm�1W Z >F� fmi JO sMPH o A� �;� ^a�SaJNZU iP p£n �10 z °.yWfFe,am 9po °z'�° caF O awx� Uew so zn ACNE �HOObR tp Qm ^m0 ay _c D oE;:mz 60 ^vin .�so £,°m, p0m mm °'N H.miS 7m n z O�E`�NC��m=°msm i �vo m bad S 3 psv �z � oOnDO 3 ^ L I F F9 b % ° S 8 C ��; Mai 'l . G+II1111111111 11111 � ,°�� � � S:E� o DZD m sMPH o A� 3 m IJ =oo� caF O _ a ae e emom$= bo N'€��nn:- €gyp -+i minis a 'E �J 11!0 m 3 e l0 n z 3 S 3 psv �z � oOnDO 5 a � E Z G�U)Q aA pop _ NOS 5 § ° S �' �- -NN D m ,°�� o DZD m m A� o a m IJ O caF O z (0) � CJ fn m 3 e l0 3=N 3 C Z� p l z 5 Z G�U)Q aA pop _ NOS Sm� -Z{ Ho m \41<6 \4146- ]69 - \41 <5i6911.0�9 8/6/1003 IZ'. J4. J3 fu CDi Noi IS Prepared by and after recording return to: Michael J. Pugh Bradley R Riley PC One South Gilbert Street Iowa City, IA 52240 Phone (319) 466 -1511 FAX (319) 358 -5580 TEMPORARY TURN AROUND EASEMENT AGREEMENT STONE BRIDGE ESTATES - PART SIX IOWA CITY, IOWA For the sum of One Dollar and other valuable consideration, the undersigned Owner hereby grants to the public and the City of Iowa City, a perpetual City service access easement upon, over, under, along, and across the temporary turnaround area constructed at the end of Colchester Drive and Arlington Drive within Stone Bridge Estates - Part Six pursuant to the Subdivider's Agreement for said subdivision and as shown on Exhibits "A" and "B" attached hereto. This easement grants to the City and its service vehicles, employees and agents a means of ingress, egress and passage over the easement areas for all official acts and City services. Additionally, the Iowa City Fire Department is hereby granted an access easement with the right of access over and across the above - described easement areas, which right includes the right of vehicular turn - around and non - emergency access and posting for the purposes of enforcing Fire Safety Standards under the Uniform Fire Code, as amended. The City's Police Department is authorized to ticket, tow, or cause to be towed, pursuant to the Code of Iowa, as amended, any motor vehicle that has been parked or placed upon the temporary easement areas in violation of the parking laws of the City and State of Iowa. This Agreement shall serve as appropriate notice for such authorization to City's Police Department under the Code of Iowa, as amended. The City shall have no responsibility for maintaining the easement area. Grantors, their successors in interest and assigns, reserve the right to use said easement areas for purposes which will not interfere with the Grantee's full enjoyment of rights hereby granted; provided the Grantors shall not erect or construct any structure, reservoir, retaining wall, or other obstruction on said areas. The Owner hereby covenants that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. The term of this easement will be until Colchester Drive and Arlington Drive are extended in a northeasterly direction from Stone Bridge Estates - Part Six. (00720224.DOC) This easement shall inure to the benefit of and bind and the successors and assigns of the respective parties hereto. All covenants shall be deemed to apply to and run with the title to the land. OWN r;ar� n arr_ COUNTY OF JOHNSON Watts. ss: J. Moreland (),r_� 0 This instrument was acknowledged before me on this J 3 ' day of August, 2009, by Gary D. < s DeLlsaA. —Ba er CommWlon Number 222035 „> My�oExplres STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) h a.9 Notary Public in and for said State This instrument was acknowledged before me on this )X day of August, 2009, by Becky J. Watts abo Y3el— AE3aker r Number 22e035 �I My Explre ( A 6ry_ U }� Le rr Notary Public in and for said State STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this 14 -6 day of August, 2009, Moreland, Jr. ,�LC4CL a .� Notary Public in and for said State ®eUiiA.Il Fe Cammleslon Number 222035 • ow.- STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) by John W. This instrument was acknowledged before me on this tP day of August, 2009, by Sandra J. Moreland. t Ltr —er Y COMmAaWon Number 2Z..0;�5 = � p M mts3lon Ezplrmu a, jll Notary Public in and for said State (00720224.DOC) ' / T —` : / �'� � n i\ C7 F, O Q ® 0 0 D 99,Z z °Zo.m z i 'e SNO e n ezu�on o a1°+ I 1 1 1 1 I 1 iii I I I I I I Z Y p oongsa° �nno O e R sg $ o'uio mN °i lov1. zp m A. mrim ^s 5. »aW .4 0�9D ��99 FA Cic °'�7 g�Yo�� Z � cee4 omo mGee ^o�» �. s _•• v��(�O��ouANO Ob Sm jno YC NC ¢ ✓ .` jj p��vlem vm OONiO OO mm �N.°i O�� N ti �l°i >O Zpv �e� oz p Sgt °�� 3 °Sa 00 y �EQ O 2 OHO mN> no >N >�\A O m -Zi Zmm "� r�9 ��9 aN� �pl~i1 7 ��iO °m C. \1115 \1116 -10- \111021-1 Eng 0/6 /ePJ3 ILI". 111"1.1 P]fJ I W F a.oa,�goz; omoy vm Z �QpT yJ obn vwm x2 OM b A bia y�o NNd � %N n� �on'�o °o money ^OS° ^$gig sy qQO� unb jib P ^o Nip nnZ^� e oF� oommn o o'OO ��mo ^wy$z1Ss° ai Nmj O�r�'O �+0 o^� ^FJ °JNZw7 �A 'm nyvo ° ^(Nie (nA Vim° ° V'K O. �`C O JUba�pW pm n�WNA mN O °O�AO.nO of�mzg °nF »oom WCn 0:01.1 b FO mAm � ^pim�o ^ »A OA° n o .. R R b°q 6D 6D p> n c Sm0 €v I >z> �\ Z N O o On Z�A O o a O 0 pA ® o0DD3' m -I 9p p 01 m�Om n �Am \6145 \4145- 359- \SI<ESE5H tlng B /b/3G49 1>: JO: }] pF1 f0i I� 1 �l�i4 Z Z tup�5 �r� I U� x 3;1 D n w�o> .. m n c e�t 3 e I ge�is >b p O m seyyee -12 pA ® o0DD3' m R 9p p ° 7N c%'1 gy � � O III IIIIIItII II111 .lod Fei ��bcSzZCC��SJ{Opnyv [Anmsisii mp° p N 2 ,-bl oy5 s °o >�9sC1 >>zO gig s =I OPP YINyS`�� in An88 ooc Roo s �byRQb z NE%in2°A'9 °_ 4s> °90 ootl R oz o j g TI G� .. m n c e�t 3 e om b ge�is >b p O m seyyee -12 pA 3 ne m R 9p p ° 7N bp- � O1iDm .lod u8A 6 3 N mp° p N 2 ,-bl j g TI G� 2 9 e�t 3 e g $ ge�is Z � 3 seyyee -12 Prepared by and after recording return to: Michael J. Pugh Bradley & Riley PC One South Gilbert Street Phone (319) 466 -1511 Iowa City, IA 52240 FAX (319) 358 -5560 TERMINATION OF TEMPORARY TURN AROUND EASEMENT AGREEMENT RE: Stone Bridge Estates — Part Five, according to the Final Plat thereof recorded in Book 51, at Page 278, Records of Johnson County, Iowa (the " Subdivision"). WHEREAS, pursuant to a Temporary Turn Around Easement Agreement recorded in Book 4133, Page 511, Records of Johnson County, Iowa (the `Basement'), the City of Iowa City was granted an access easement upon, over, under, along, and across the temporary turnaround area constructed at the end of Colchester Drive within the Subdivision as shown on the attached Exhibit "A"; WHEREAS, pursuant to the Easement, the term of the Easement is until Colchester Drive is extended in a northeasterly direction from the Subdivision; and WHEREAS, Colchester Drive has been extended in a northeasterly direction from the Subdivision. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned, the City of Iowa City, hereby fully and irrevocably terminates, vacates, and releases the Easement. Dated this /9 day of August, 2009. ATTEST: Marian K. Karr, City Clerk {00743371.DOC1 O CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of August,2009, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey 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 Regenia D. Bailey and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of said municipal corporation, by it and them voluntarily executed. twSONDRAE FOR :�G o 1—rs -t Commssion Number 159797 Notary Public in and for the State of Iowa My Commission Expues _j / a� Wyo » »U ;• '°z °3 Si °o `v oT'nGa�mo ..pz 00 R I^o ononc Opp m'M� gT^ aSiO' O NZ 3' »mmmmo oEm o� eemz000�o�`� _aa» ov ,£o 'm oou�° Ono. °.�° i o�mo onn�t�o mOO 4oroa og > > >m F o° �NpA 4��'+'m ' O' mA Z(%O ANm -.O £Or �mjm 0 pp��» P1414m'O Eri !� &» pNQ oo" —moim P4m'm in^ 9a �&N. ?OOOOm po O c L'0e1 a 8� OpOmND 'may O m g z g o 4 S e ! >$ Ili it ilri irr iilli p ss0 ggg 6oRRx q e $�;e �R��aa£ �Z c =�c °imm�o�S3x g €og�=a=m =gx ig�HRo z $ _. e N!, PER 1 o Vii r Z D O ��� ;1 ,°�b'p O A' o K 9i 112SP PH eO� rn C°U� g'r'= S ° m F9 g W rn C g,M i r y o ^� U) �DN �' uDm Q e v °co mo �°n2o ;o L ssa s &o G oa� k�A ISO z D �Ag O y0 y �O n/ po g o a 8� OpOmND 'may O m R g o n DzD�mO Dm �Z >� 1 o Vii r Z D O ��� ;1 ,°�b'p O A' o voOp u3, C eO� rn C°U� g'r'= S ° 0 e err o g W rn C g,M i r y i �DN �' uDm n G> No!, v> k�A ISO y �O n/ \tr146 \ <ILL -'e 69- \41LE "[E9H tlng B /6 /iuG9 11, JOJI f'N (I11 Doc ID: 021667830089 Type. DEN -yt r "III J+Stf' Klnd: SUBDIVISION �4 Recorded: 11/02/2009 at 02:26:05 PM '` >���� Fee Amt: Johnson loant.O0owaee 1 of 89 Kim Painter county Recorder CITY OF IOWA CITY BK4522 P422-210 410 East Washington Street Iowa City. Iowa 52240 -1826 (319) 3S6 -5000 (319) 356 -5009 FAX STATE OF IOWA www. icgov. o rg ) ) SS JOHNSON COUNTY ) I, Marian K. Kan', City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.09 -283, which was passed by the City Council of n Iowa City, Iowa, at a regular meeting held on the 18th day of August, 2009, all as the same appears of record in my office. Also attached are the final legal documents for Country Club Estates Third Addition as follows: 1. Title Opinion 2. Certificate of Mortgagee (Hills Bank) 3. Owners Dedication & Statement of Consent 4. Certificate of County Auditor 5. Certificate of Treasurer 6. Subdivider's Agreement 7. Declaration of Restrictive Covenants 8. Confirmation of Extension of Protective Covenants & Restrictions 9. Storm Sewer and/or Drainage Easement Agreement 10. Sanitary Sewer Easement Agreement 11. Stormwater Detention Facility Easement Agreement 12. Underground Utility Easement Agreement 13. Permanent Force Main Easement Agreement 14. Permanent Lift Station and On Site & Off Site Access Easement Agreement w /plat attached 15. Off -site Storm Sewer and/or Drainage Easement Agreement w /plats attached 16. Off -site Permanent Force Main and Sanitary Sewer Easement Agreement w /plat attached Dated at Iowa City, Iowa, this day of l J(��o f 2009. Maria K. Karr City Clerk fires subdivision Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5243 (SUB09- 00003) RESOLUTION NO. 09 -283 RESOLUTION APPROVING FINAL PLAT OF COUNTRY CLUB ESTATES, THIRD ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, S & J Development LLP, filed with the City Clerk the final plat of Country Club Estates, Third 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: Commencing at the Center of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence S01 015'57 "W, along the West line of the Southeast Quarter of said Section 13, a distance of 1445.26 feet, to the Point of Beginning; Thence S38 °41'18'E, 417.39 feet; Thence N51 °18'42'E, 125.00 feet; Thence S38 041'18 "E, 20.00 feet; Thence S51 °18'42 "W, 125.00 feet; Thence S38 °41'18 "E, 228.87 feet; Thence S86 030'48 "E, 235.44 feet; Thence N64 020'21 "E, 90.67 feet; Thence N26 044'57 "W, 119.76 feet; Thence N21 019'53 "W, 60.38 feet; Thence N19 021'48 "W, 137.52 feet; N04 003'46 "W, 245.21 feet, to a point on the Southwesterly projection of the Easterly line of Outlot A, of Country Club Estates First Addition, in accordance with the Plat thereof Recorded in Plat Book 43, at Page 284, of the Records of the Johnson County Recorder's Office; Thence N11 037'37 "E, along said Southwesterly projection and Easterly line, 207.06 feet; Thence S78 022'23 "E, along the South line of said Country Club Estates First Addition, 120.00 feet; Thence S11037'37'W. along said South line, 60.33 feet; Thence S78 022'23 "E, along said South line, 60.00 feet; Thence Northeasterly, 39.34 feet, along said South line on a 25.00 foot radius curve, concave Southeasterly, whose 35.36 foot chord bears N56 °37'24 "E; Thence S78 022'23 "E, along said South line, 45.55 feet; Thence Southeasterly 31.07 feet, along said South line on a 325.00 foot radius curve, concave Northeasterly, whose 31.06 foot chord bears S81 006'43 "E; Thence S03 °20'14 "W, along said South line, 126.16 feet; Thence S88 032'31 "E, along said South line, 226.92 feet, to the Northwest Corner of Auditor's Parcel 2006047, in accordance with the Plat thereof Recorded in Plat Book 51, at Page 249, of the Records of the Johnson County Recorder's Office; Thence S01 027'29 "W, along the West line of said Auditor's Parcel 2006047, a distance of 10.15 feet, to the Southwest corner thereof; Thence N81 °43'30'E, along the South line of said Auditor's Parcel 2006047, a distance of 169.98 feet, to the Southeast Corner thereof, and a Point on the Westerly line of the Parcel of land conveyed by Warranty Deed, as Recorded in Deed Book 1484, at Page 332, of the Records of the Johnson County Recorder's Office; Thence S19 °45'01 "E, along said Westerly Line, 376.00 feet, to the Southern most corner thereof, and a Point on the West Line of Southwest Estates Subdivision Part Two, in accordance with the Plat thereof Recorded in Plat Book 28, at Page 42, of the Records of the Johnson County Recorder's Office; Thence S68 004'47 "W, along said West line, 260.00 feet; Thence S46 °03'38 "E, along said West Line, 330.10 feet; Thence S53 055'32 "E, along said West Line, 235.85 feet; Thence S21 °17'53 "E, along said West Line, 412.93 feet, to the Southwest Corner thereof, and a Point on the centerline of Rohret Road; Thence S68 °42'07 "W, along said centerline, 18.85 feet; Thence S67'1 8'23"W, along said centerline, 131.42 feet; Thence S67 000'50 "W, along said centerline, 52.57 feet; Thence S60 °26'59 "W, along said centerline, 88.13 feet; Thence S59 °56'46 "W, along said centerline, 61.62 feet; Thence N29033'01'W, 306.87 feet; Thence N47 044'46 "W, 93.04 feet; Thence N43 °56'15 "W, 60.00 feet; Thence N46005'28'W, 308.97 feet; Thence S71 029'39 "W, 50.18 feet; Thence N84 °24'45 "W, 101.05 feet; Thence S72 °43'26 "W, 100.86 feet; Thence S64 016'55 "W, 147.73 feet; Thence S27 001'52 "E, 137.16 feet; Thence Southwesterly, 50.00 feet, along a 1351.00 foot radius curve, concave Northwesterly, whose 50.00 foot chord bears S64 001'45 "W; Thence N24 °54'39'W, 137.00 feet; Thence S64 030'09 "W, 112.85 feet; Thence S71 °00'01 "W, 117.35 feet; Thence S78 000'56 "W, 223.03 feet; Thence S40 013'58 "W, 108.48 feet; Thence S50 014'53 "E, 124.04 feet; Thence Southwesterly, 15.40 feet, along a 180.00 foot radius curve, concave Southeasterly, Resolution No. 09_283 Page 2 whose 15.40 foot chord bears S37018'02'W; Thence N55 009'02 "W, 177.09 feet, to a Point on the West Line of the Southeast Quarter of said Section 13; Thence N01°165TE, 1057.65 feet, to the Point of Beginning. Said Tract of land contains 28.19 acres, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (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 final plat of Country Club Estates, Third Addition, Iowa City, Iowa on the above - described real estate is hereby approved. 2. The City accepts the dedication of the streets and easements as provided by and specifically set aside, although certain portions of said land are not open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner /subdivider. Passed and approved this 18th day of ATTEST: CITY UERK City Attorney's Office Y /i O -7 It was moved by O'Donnell and seconded by champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X _ Bailey X Champion x Correia X Hayek X O'Donnell x Wilburn Wright Jam`' Prepared by: Craig N. Willis, P.O. Box 143, Iowa City, IA, 52244 (319)337 -9621 I, Craig N. Willis, a practicing attorney in Johnson County, Iowa, state that I have examined an abstract of title and reporting title to March 11, 2009 at 5:30 P.M. to the real estate which is to be platted as Country Club Estates Third Addition, more particularly described as: Commencing at the Center of Section 13, Township 79 North, Range 7 West of the Fifth Principal Meridian; Thence SO1 °15157 "W, along the West line of the Southeast Quarter of said Section 13, a distance of 1445.26 feet to the Point of Beginning; Thence S38 °41'18 "E, 417.39 feet; Thence N51018142 "E, 125.00 feet; Thence S38 041118 "E, 20.00 feet; Thence S51015142 "W, 125.00 feet; Thence S38 °41118 "E; 228.87 feet; Thence 586030148 11E, 235.44 feet; Thence N64020'21 "E, 90.67 feet; Thence N26044157 11W, 119.76 feet; Thence N21019153 "W, 60.38 feet; Thence N19021'48 "W, 137.52 feet; N04003146 1141, 245.21 feet, to a point on the Southwesterly projection of the Easterly line of Outlet A of Country Club Estates First Addition, in accordance with the Plat thereof Recorded in Plat Book 43, at Page 284, of the Records of the Johnson County Recorder's Office; Thence N11 °37'37 "E, along said Southwesterly projection and Easterly line, 207.06 feet; Thence S78022'23 "E, along the South line of said Country Club Estates First Addition, 120.00 feet; Thence S11 037'37 "W, along said South line, 60.33 feet; Thence S78022'23 "E, along said South line, 60.00 feet; Thence Northeasterly, 39.34 feet, along said South line on a 25.00 foot radius curve, concave Southeasterly, whose 35.36 foot chord bears N56037'24 "E; Thence 578022123 11E, along said South line, 45.55 feet; Thence Southeasterly 31.07 feet, along said South line on a 325.00 foot radius curve, concave Northeasterly, whose 31.06 foot chord bears 581006'43 "E; Thence 503020114 "W, along said South line, 126.16 feet; Thence S88032131 "E, along said South line, 226.92 feet, to the Northwest Corner of Auditor's Parcel 2006047, in accordance with the Plat thereof Recorded in Plat Book 51, at Page 249, of the Records of the Johnson County Recorder's Office; Thence SO1 °27'29 "W, along the West line of said Auditor's Parcel 2006047, a distance of 10.15 feet, to the Southwest corner thereof; Thence N81043130 "E, along the South line of said Auditor's Parcel 2006047, a distance of 169.98 feet, to the Southeast Corner thereof, and a Point an the Westerly line of the Parcel of land conveyed by Warranty Deed, as Recorded in Deed Book 1484, at Page 332, of the Records of the Johnson County Recorder's Office; Thence S19045'01 "E, along said Westerly Line, 376.00 feet, to the Southern most corner thereof, and a Point on the West Line of Southwest Estates Subdivision Part Two, in accordance with the Plat thereof Recorded in Plat Book 28, at Page 42, of the Records of the Johnson County Recorder's Office; Thence S68 °04147 "W, along said West Line 260.00 feet; Thence S46 °03'38'E, along said West Line, 330.10 feet; Thence , q S53055'32 "E, along said West Line, 235.85 feet; Thence S21 °17'53 "E, along said West Line, 412.93 feet to the Southwest Corner thereof, and a Point on The centerline of Rohret Road; Thence S68 °42'07 "W, along said centerline, 18.85 feet; Thence S67018'23 "W, along said centerline, 131.42 feet; Thence S67 °00'50 "W, along said centerline, 52.57 feet; Thence S60 °26'59 "W, along said centerline, 88.13 feet; Thence S59056146 11W, along said centerline, 61.62 feet; Thence N29 °33'01 "W, 306.87 feet; Thence N47044'46 "W, 93.04 feet; Thence N43 °56115 11W, 60.00 feet; Thence N46 °05128 "W, 308.97 feet; Thence S71029139 "W,50.18 feet Thence N84 °24145 "W, 101.05 feet; Thence S72 °43'26 11W, 100.86 feet; Thence S64016'55 "W, 147.73 feet; Thence 527001'52 "E, 137.16 feet; Thence Southwesterly, 50.00 feet, along a 1351.00 foot radius curve, concave Northwesterly, whose 50.00 fcot chord bears 564001'45 "W, Thence N24054'39 "W, 137.00 feet; Thence 564030'09 "V7, 112.85 feet; Thence S71o00'01 "W, 117.35 feet; Thence S78000'S6 "W, 223.03 feet; Thence S40 °13158 "W, 108.48.feet; Thence S50014'53 "E, 124.04 feet; Thence Southwesterly, 15.40 feet, along a 180.00 foot radius curve, concave Southeasterly, whose 15.40 foot chord bears S37018102 "W; Thence N55o09'02 "W, 177.09 feet, to a Point on the West Line of the Southeast Quarter of said Section 13; Thence NO1 °15'57 "E, 1057.65 feet, to the Point of Beginning. Said Tract of land contains 28.19 acres. As of July 30, 2009 at 5:30 P.M. Z certify that marketable title to said premises is in S & J Development, L.L.P., subject to mortgages in favor of Hills Bank and Trust Company recorded in Book 2805, Page 153, Book 2986, Page 633, and Book 422��41, Page / Dated this ` V day of 940. 2009. CERTIFICATE OF MORTGAGEE Hills Bank and Trust Company, mortgagee of mortgages recorded in Book 2805, Page 153, Book 2986, Page 633, and Book 4241, Page 940 does hereby consent to the platting of Country Club Estates Third Addition, Iowa City, Iowa by means of the documents recorded with this consent. � h Dated this 'day of �`-` -9 `--.1 "7�" 2009. Hills Bank and Trust Company: By: STATE OF IOWA ) SS: COUNTY OF JOHNSON ) By: This instrument was acknowledged before me on this 16 day of ,, , %F , 2009, by ljr,ply GkK z'46 as St. V,eg AysIA"It and by T}' FJ,�. as V/u Ptt:0"K of Hills Bank and Trust Company QUINCY HARRIS �blic in d for the State of Iowa ,¢`� ke�Commission Number 756603 My commission expires:--,L Mmm(ssionFxpires 11 OWNERS DEDICATION AND STATEMENT OF CONSENT FOR COUNTRY CLUB ESTATES THIRD ADDITION S & J Development, L.L.P., states that it is the record owner of the following described real estate which is to be platted as Country Club Estates Third Addition, Iowa City, Iowa: Commencing at the Center of Section 13, Township 79 North, Range 7 West of the Fifth Principal Meridian; Thence S01 °15157 11W, along the West line of the Southeast Quarter of said Section 13, a distance of 1445.26 feet to the Point of Beginning; Thence S38 041'18 "E, 417.39 feet; Thence N51 °18'42 11E, 125.00 feet; Thence S38 041118 "E, 20.00 feet; Thence S51 °15142 "W, 125.00 feet; Thence S38041118 "E, 228.87 feet; Thence S86030148 11E, 235.44 feet; Thence N64020'21 "E, 90.67 feet; Thence N26 °44157 "W, 119.76 feet; Thence N21019153 11W, 60.38 feet; Thence N19 °21148 11W, 137.52 feet; N04003'46 "W, 245.21 feet, to a point on the Southwesterly projection of the Easterly line of Outlot A of Country Club Estates First Addition, in accordance with the Plat thereof Recorded in Plat Book 43, at Page 284, of the Records of the Johnson County Recorder's Office; Thence N11037137 "E, along said Southwesterly projection and Easterly line, 207.06 feet; Thence S78022123 11E, along the South line of said Country Club Estates First Addition, 120.00 feet; Thence S11037137 11W, along said South line, 60.33 feet; Thence S78022'23 "E, along said South line, 60.00 feet; Thence Northeasterly, 39.34 feet, along said South line on a 25.00 foot radius curve, concave Southeasterly, whose 35.36 foot chord bears N56 °37124 "E; Thence S78022'23 "E, along said South line, 45.55 feet; Thence Southeasterly 31.07 feet, along said South line on a 325.00 foot radius curve, concave Northeasterly, whose 31.06 foot chord bears S81006143 "E; Thence S03020'14 "W, along said South line, 126.16 feet; Thence S88032'31 "E, along said South line, 226.92 feet, to the Northwest Corner of Auditor's Parcel 2006047, in accordance with the Plat thereof Recorded in Plat Book 51, at Page 249, of the Records of the Johnson County Recorder's Office; Thence S01027129 11W, along the West line of said Auditor's Parcel 2006047, a distance of 10.15 feet, to the Southwest corner thereof; Thence N81043130 11E, along the South line of said Auditor's Parcel 2006047, a distance of 169.98 feet, to the Southeast Corner thereof, and a Point an the Westerly line of the Parcel of land . conveyed by Warranty Deed, as Recorded in Deed Book 1484, at Page 332, of the Records of the Johnson County Recorder's Office; Thence S19045101 "E, along said Westerly Line, 376.00 feet, to the Southern most corner thereof, and a Point on the West Line of Southwest Estates Subdivision Part Two, in accordance with the Plat thereof Recorded in Plat Book 28, at Page 42, of the Records of the Johnson County Recorder's Office; Thence 568004147 "W, along said West Line 260.00 feet; Thence S46 °031381E, along said West Line, 330.10 feet; Thence S53055'32 "E, along said West Line, 235.85 feet; Thence 521017153 11E, along said West Line, 412.93 feet to the Southwest Corner thereof, and a Point on The centerline of Rohret Road; Thence S68042107 11W, along said centerline, 18.85 feet; Thence S67 018'23 "W, along said centerline, 131.42 feet; Thence S67000'50 "W, along said centerline, 52.57 feet; Thence S60 °26159 "W, along said centerline, 88.13 feet; Thence S59056146 11W, along said centerline, 61.62 feet; Thence N29033'01 "W, 306.87 feet; Thence N47044'46 "W, 93.04 feet; Thence N43056'15 "W, 60.00 feet; Thence N46005128 11W, 308.97 feet; Thence 571029139 1W, 50.18 feet Thence N84024145 "W, 101.05 feet; Thence S72043'26 "W, 100.86 feet; Thence 564016155 "W, 147.73 feet; Thence S27001152 "E, 137.16 feet; Thence Southwesterly, 50.00 feet, along a 1351.00 foot radius curve, concave Northwesterly, whose 50.00 foot chord bears S64 °01145 "W, Thence N24054'39 "W, 137.00 feet; Thence 564030109 11W, 112.85 feet; Thence S71000'01 "W, 117.35 feet; Thence 578000156 11W, 223.03 feet; Thence S40013158 11W, 108.48 feet; Thence 550014153 11E, 124.04 feet; Thence Southwesterly, 15.40 feet, along a 180.00 foot radius curve, concave Southeasterly, whose 15.40 foot chord bears S37018102 "W; Thence N55009102 "W, 177.09 feet, to a Point on the West Line of the Southeast Quarter of said Section 13; Thence N01015'57 "E, 1057.65 feet, to the Point of Beginning. Said Tract of land contains 28.19 acres. S & J Development, L.L.P. hereby state that the subdivision as shown on the plat filed with this certificate is made with its free and full consent and agreement. The streets and easements in the subdivision known as Country Club Estates Third Addition are hereby dedicated to the public as provided by Chapter 354 of the Code of Iowa (2009), as amended. -2,1:j (�' Dated this day of � 6o':�jrr , 2009. S & J Development, L.L.P. BV MicKael Speer, Auth ed Agent STATE OF IOWA COUNTY OF JOHNSON ) 61:'F was acknowledged before me on this 2009 by Michael H. Speer, day of as Authorized Agent of 51C CRAif3 N 1MLLIS wA*&'an Number 739433 M7 the Eg4res 2212 P Notary Public in and for said State My commission expires: ��2 CERTIFICATE OF COUNTY AUDITOR Country Club Estates Third Addition, Iowa City, Iowa I, Tom Slockett, the Johnson County Auditor, hereby approve of Country Club Estates Third Addition, Iowa City, Iowa as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: - Commencing at the Center of Section 13, Township 79 North, Range 7 West of the Fifth Principal Meridian; Thence SO1 °15157 "W, along the West line of the Southeast Quarter of said Section 13, a distance of 1445.26 feet to the Point of Beginning; Thence 538 °41118 "E, 417.39 feet; Thence N51- 18142 11E, 125.00 feet; Thence S38 °41'18 "E, 20.00 feet; Thence S51 °15'42 "W, 125.00 feet; Thence 938 °41118 "B, 228.87 feet; Thence S86 °30148 "H, 235.44 feet; Thence N64 °20'21 "E, 90.67 feet; Thence N26 °44'57 "W, 119.76 feet; Thence N21 °19'53 "W, 60.38 feet; Thence N19 °21'48 "W, 137.52 feet; N04 °03146 "W, 245.21 feet, to a point on the Southwesterly projection of the Easterly line of Outlot A of Country Club Bstates First Addition, in accordance with the Plat thereof Recorded in Plat Book 43, at Page 284, of the Records of the Johnson County Recorder's Office; Thence N11 °37'37 "E, along said Southwesterly projection and Easterly line, 207.06 feet; Thence B78 °22123 "H, along the South line of said Country Club Estates First Addition, 120.00 feet; Thence S11 °37137 "W, along said South line, 60.33 feet; Thence S78 °22123 "E, along said South line, 60.00 feet; Thence Northeasterly, 39.34 feet, along said South line on a 25.00 foot radius curve, concave Southeasterly, whose 35.36 foot chord bears N56 °37'24 "E; Thence S78 °22123 "E, along said South line, 45.55 feet; Thence Southeasterly 31.07 feet, along said South line on a 325.00 foot radius curve, concave Northeasterly, whose 31.06 foot chord bears S81 °06143 "E; Thence S03 °20.14 "W, along said South line, 126.16 feet; Thence 880 °32'31 "B, along said South line, 226.92 feet, to the Northwest Corner of Auditor's Parcel 2006047, in accordance with the Plat thereof Recorded in Plat Book 51, at Page 249, of the Records of the Johnson County Recorder's Office; Thence S01 °27129 ^W, along the West line of said Auditor's Parcel 2006047, a distance of 10.15 feet, to the Southwest corner thereof; Thence N81 °43130 "E, along the South line of said Auditor's Parcel 2006047; a distance of 169.98 feet, to the Southeast Corner thereof,'. and a Point an the Westerly line of the Parcel of land conveyed by P, Warranty Deed, as Recorded in Deed Book 1484, at Page 332, of the Records of the Johnson County Recorder's Office; Thence S19 °45'01 "E, along said Westerly Line, 376.00 feet, to the Southern most corner thereof, and a Point on the West Line of Southwest Estates Subdivision Part Two, in accordance with the Plat thereof Recorded in Plat Book 28, at Page 42, of the Records of the Johnson County Recorder's Office; Thence S68 °04147 "W, along said West Line 260.00 feet; Thence S46 °03138'E, along said West Line, 330.10 feet; Thence S53 °55132 "E, along said West Line, 235.85 feet; Thence S21 °17153 "E, along said West Line, 412.93 feet to the Southwest Corner thereof, and a Point on The centerline of Rohret Road; Thence S68 °42.'07 "W, along said centerline, 18.85 feet; Thence S67 °18123 "W, along said centerline, 131.42 feet; Thence S67 °00'50 "W, along said centerline, 52.57 feet; Thence 860 °26'59 "W, along said centerline, 88.13 feet; Thence S59 °56146 "W, along said centerline, 61.62 feet; Thence N29 ^33'01 "W, 306.87 feet; Thence N47 °44146 "W, 93.04 feet; Thence N43 °56'15 "W, 60.00 feet; Thence N46 °05'28 "W, 308.97 feet; Thence S71 °29'39 "W, 50.18 feet Thence N84 °24145 "W, 101.05 feet; Thence S72 °43'26 "W, 100.86 feet; Thence S64 °16155 "W, 147.73 feet; Thence S27001'52 "E, 137.16 feet; Thence Southwesterly, 50.00 feet, along a 1351.00 foot radius curve, concave Northwesterly, whose 50.00 foot chord bears S64001145 "W, Thence N24054'39 "W, 137.00 feet; Thence 864030'09 "W, 112.85 feet; Thence S71 ^00101 "W, 117.35 feet; Thence S78 °00'56 "W, 223.03 feet; Thence 540013'58 "W, 108.48 feet; Thence S50014'53 "E, 124.04 feet; Thence Southwesterly, 15.40 feet, along a 180.00 foot radius curve, concave Southeasterly, whose 15.40 foot chord bears S37018102 "W; Thence N55 °09102 "W, 177.09 feet, to a Point on the West Line of the Southeast Quarter of said Section 13; Thence N01015157 "E, 1057.65 feet, to the Point of Beginning. Said Tract of land contains 28.19 acres. Dated this day of ( G y ti 5 / 2009.' Tom Slockett, Johnson County Audito Y5 CERTIFICATE OF TREASURER Thomas L. Kriz, Treasurer of Johnson County, Iowa, hereby states that the real estate described as: Commencing at the Center of Section 13, Township 79 North, Range 7 West of the Fifth Principal Meridian; Thence S01 °15157 11W, along the West line of the Southeast Quarter of said Section 13, a distance of 1445.26 feet to the Point of Beginning; Thence 838 °41118 "E, 417.39 feet; Thence N51 °18'42 "R, 125.00 feet.; Thence S38 °41'18 "E, 20.00 feet; Thence S51 °15'42 "W, 125.00 feet; Thence S38 °41118^6, 228.87 feet; Thence S86 °30'48 "R, 235.44 feet; Thence N64 °20'21 "E, 90.67 feet; Thence N26 °44'57 "W, 119.76 feet; Thence N21019'53"W, 60.38 feet; Thence N19 °21'48 "W, 137.52 feet; N04 °03146 "W, 245.21 feet, to a point on the Southwesterly projection of the Easterly line of Outlet A of Country Club Estates First Addition, in accordance with the Plat thereof Recorded in Plat Book 43, at Page 284, of the Records of the Johnson County Recorder's Office; Thence EI11 °37137 "E, along said Southwesterly projection and Easterly line, 207.06 feet; Thence S78 "22'23 ?E, along the South line of said Country Club Estates First Addition,. 120.00 feet; Thence 511037'37 "W, along said South line, 60.33 feety Thence S78022123 ^B, along said South line, 60.00 feet; Thence Northeasterly, 39.34 feet, along said South line on a 25.00 foot radius curve, concave Southeasterly, whose 35.36 foot chord bears N56037124 "E; Thence S78022123 "R, along said South line, 45.55 feet; Thence Southeasterly 31.07 feet, along said South line on a 325.00 foot radius curve, concave Northeasterly, whose 31.06 foot chord bears S81006'43 "6; Thence S03 °20114 "W, along said South line, 126.16 feet; Thence S88 °32'31 "E, along said South line, 226.92 feet, to the Northwest Corner -.of Auditor's Parcel 2006047, in accordance with the Plat thereof Recorded in Plat Book 51, at Page 249, of the Records of the Johnson. County Recorder's Office; Thence S01 °27129 "W, along the West line of said Auditor's Parcel 2006047, a distance of 10.15 feet, to the Southwest corner thereof; Thence N81043130 "B, along the South line of'said Auditor's Parcel 2006047, a distance of 169.98 feet, to the Southeast Corner thereof, and a Point an the Westerly line of the Parcel of land conveyed by Warranty Deed, as Recorded in Deed Book 1484, at Page 332, of the Records of the Johnson County Recorder's Office; Thence S19045101 °E, along said Westerly Line, 376.00 feet, to the Southern most corner thereof, and a Point on the West Line of Southwest Estates Subdivision Part Two, in accordance with the Plat thereof Recorded in Plat Book 28, at Page 42, of the Records of the Johnson County Recorder's Office; Thence S68004147 "W, along said West Line 260.00 feet; Thence S460031381H, along said West Line, 330.10 feet; Thence 553055132 "E, along said West Line, 235.85 feet; Thence 821017153"8, along said West Line, 412.93 feet to the Southwest Corner thereof, and a Point on The centerline of Rohret Road; Thence S68042'07 "W, along said centerline, 18.85 feet; Thence S67 °18'23 "W, along said centerline, 131.42 feet; Thence 867 °00150 "W, along said centerline, 52.57 feet; Thence S60 °26'59 °W, along said centerline, 88.13 feet; Thence S59 °56'46 "W, along said centerline, 61.62 feet; Thence N29 °33'01 "W, 306.87 feet; Thence N47 "44'46"W, 93.04 feet; Thence N43 °56'45 "W, 60.00 feet; Thence N46 °05'28 "W, 308.97 feet; Thence S71 °29139 "W,'50.18 feet Thence N84 °24145 "W, 101.05 feet; Thence S72 °43126 "W, 100.86 feet; Thence S64 °16155 "W, 147.73 feet; Thence S27 °01'52 "E, 137.16 feet; Thence Southwesterly, 50.00 feet, along a 1351.00 foot radius curve, concave Northwesterly, whose 50.00 foot chord bears S64- 011'.45 "W, Thence N24 °54'39 "W, 137.00 feet; Thence S64 °30'09 "W, 112.85 feet; Thence S71 °00'01 "W, 117.35 feet, Thence S78 °00'56 "W, 223.03 feet; Thence S40 °13'58 "W, 108.48 feet; Thence S50 °14153 "E, 124.04 feet; Thence Southwesterly, 15.40 feet, along a 180.00 foot radius curve, concave Southeasterly, whose 15.40 foot chord bears S37 018'02 "W; Thence N55 °09'02 "W, 177.09 feet, to a Point on the West Line of the Southeast Quarter of said Section 13; Thence N01015157'E, 1057.65 feet, to the Point of Beginning. Said Tract of land contains 28.19 acres. to be platted as Country Club Estates Third Addition, Iowa City, Iowa is free from all taxes as shown by the records in my office. Dated this 18 day of Ix�-" , 2009. Thomas L. Kriz, Treasurer o Johnson County, Iowa Parcel # 1113481002 Parcel # 1113451003 Parcel # 1113481001 Parcel # 1124126001 O� Prepared by and return to: Craig N. Willis, P.O. Box 143, Iowa City, IA, 52244 (319)337 -9621 SUBDIVIDER AGREEMENT THIS AGREEMENT, made by and between S & J Development, L.L.P., the Owner and Subdivider, hereinafter called the "Subdivider ", and the city of Iowa City, Iowa, a municipal corporation, hereinafter called the "City ". WITNESSETH: SECTION 1. PUBLIC IMPROVEMENTS. In consideration of the City approving the final plat of Country Club Estates Third Addition, Iowa City, Iowa, an Addition to the City of Iowa City, Iowa, the Subdivider agrees, as a covenant running with the land that, except as provided in this Agreement, the City shall not issue any building permit on any lots in said subdivision unless and until sanitary sewers, water mains, storm sewers, tile lines, lift station, force main, certain sidewalks (as described in Section 4 of this agreement) and concrete paving have been installed in the subdivision as required by the City's Subdivision Ordinance, and the terms stated herein, and until said public improvements have been accepted by the City, and subdivision erosion control measures have been installed and approved as required by the City of Iowa City, Iowa, under its ordinances. (The sanitary sewers, water mains, storm sewers, tile lines, lift station, force main, certain sidewalks and concrete paving are hereinafter referred to as "Improvements "). Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall the Subdivider be deemed acting as the City's agent during the original construction and installation of said Improvements. The parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Subdivider, and a lien on the various lots within the subdivision until completion by the Subdivider, and until acceptance by the City, as by law provided. SECTION 2. STORM WATER MANAGEMENT ORDINANCE COMPLIANCE AND COVENANT. In consideration of the City approving the subdivision, the Subdivider agrees as a covenant running with the land that, except as provided in this Agreement, the City need not issue a building permit for any lot in the Subdivision until the Storm Water Detention Facility ( "Facility "), including the site work incident thereto, located on Outlets "A" and "C ", as more particularly located on the Subdivision Plat filed herewith has been installed and either released or accepted by the City. Subdivider agrees that the duty to maintain the Facility shall remain on the Subdivider, the present owner of the Facility, and Subdivider's successors and assigns in interest, including a non - profit owners association formed for that purpose. Said maintenance shall comply with the City's Storm Water Management Ordinance. Said maintenance shall also comply with the requirements of the United States Army Corps of Engineers permit number CEMVR -OD -P- 2006 -1210, a copy of which is attached. The parties agree that the Stormwater Detention Facility located within Country Club Estates Third Addition shall serve a large portion of Country Club Estates First Addition and a small portion of Country Club Estates Second Addition, as the same have been previously platted, and future subdivisions Country Club Estates Fourth through Eighth, inclusive. SECTION 3. CONSTRUCTION OF IMPROVEMENTS All Improvements described in Section 1 of this Agreement shall be constructed and installed by the Subdivider according to the plans and specifications approved by the City Engineer of the City of Iowa City, Iowa, who shall have the right to make occasional inspection of the work in progress. Such inspections shall not relieve or release the Subdivider from their responsibility to construct said improvements pursuant to the approved plans and specifications. Further, said inspections shall not create a duty or obligation on the part of the City to insure or certify that said improvements are constructed in conformance with said plans and specifications. - 2 - As Subdivider is constructing Lake Shore Drive to collector street standards rather than local street standards, the City agrees to reimburse the Subdivider for the reasonable "overwidth" costs associated with increasing the paving width of Lake Shore Drive from 28' to 31'. Subdivider shall install the paving improvements for that portion of Rohret Road adjacent to Lot 1, west through the Lake Shore Drive intersection (approximately 230 linear feet). The remaining portion of the Rohret Road paving improvements adjacent to Lot 38 need not be completed with the development of Country Club Estates, Third Addition, but Subdivider shall provide payment to the City in an amount determined by the City Engineer to be sufficient for such improvements. This payment shall be in satisfaction of the requirement imposed on the Subdivider to improve the portion of Rohret Road adjacent to Lot 38 pursuant to the Conditional Zoning Agreement, Paragraph 3a, dated May 5, 2009, and recorded at Book 4435, Pages 217- 225 in the records of the Johnson County Recorded. Said payment shall be refunded to Subdivider, without interest, in the event that Subdivider installs the paving improvements for this approximate 125 linear feet of Rohret Road adjacent to Lot 38 at such time as subsequent Additions to Country Club Estates are developed. The cost of such paving shall be the obligation of the Subdivider and shall be provided to the City prior to the issuance of any building permit. SECTION 4. SIDEWALKS. The Subdivider agrees that it will install sidewalks abutting each of the lots in said subdivision. Said sidewalks shall vary in width from four to five to eight feet according to plans and specifications approved by the City Engineer of the City of Iowa City, Iowa. The sidewalks shall be installed in the subdivision covered by this Agreement as required by Section 15 -3 -3, Iowa City Code of Ordinances, and shall remain a lien on each abutting lot until installed and released by the City, and the Release duly recorded in the Johnson County Recorder's Office. The sidewalks adjacent to Outlets A and C shall be constructed at the time Lake Shore Drive is extended along said outlots. - 3 - d'/ The owner of Lot 1 is required to install a sidewalk eight (8) feet in width adjacent to Rohret Road when Lot 1 is developed. The City shall reimburse the owner for three (3) feet of the eight (8) foot width. SECTION 5. BUILDING PERMIT AND ESCROW MONIES. In the event the Subdivider should desire a building permit on any lot is said subdivision before the Improvements and Facility have been installed, the Subdivider shall deposit with the City Clerk in escrow an amount equal to the estimated cost of said Improvements and Facility plus ten percent (100) thereof as determined by the City Engineer's Office of the City of Iowa City, Iowa (hereinafter the "Improvements Escrow "). In addition to the Improvements Escrow, if Subdivision Erosion Control measures have not been installed, with ground cover established by growth, the City may require, as a condition to the issuance of the first building permit for construction within the subdivision, that the Subdivider deposit in escrow with the City the sum of $2,000.00 (the "Erosion Clean -Up Escrow ") to assure reimbursement for the cost of cleaning public streets, storm sewers, gutters or catch basins, which may be incurred by the City as a result of erosion from any lot in the Subdivision. The Subdivider shall be responsible for the cost of any such clean -up after and to the extent that the Subdivider fails to accomplish erosion clean -up after reasonable notice from the City, the City is hereby authorized, but not obligated, to do the work and to charge the cost thereof to the Erosion Clean -up Escrow, if adequate, and to charge any excess costs to the Subdivider. If the Erosion Clean -Up Escrow is insufficient to pay the costs incurred by the City, the Subdivider shall promptly reimburse the City for the excess costs incurred. The unused balance of the Erosion Clean -up Escrow shall be returned to the Subdivider after erosion control measures have been installed, and ground cover has been established by growth. - 4 - After the Erosion Clean -up and Improvements Escrows have been established, the building inspector of the City authorized to issue a building permit if the applicant is in compliance with all other applicable requirements and ordinances of the City. SECTION 6. OCCUPANCY PERMIT. Prior to the issuance of an occupancy permit for any building erected pursuant to Section 5, the City, in its discretion, may require the Subdivider to construct and install the Improvements, Facility, and sidewalks as required by this Agreement. SECTION 7. USE OF ESCROW MONIES FOR IMPROVEMENTS. If, after the issuance of an occupancy permit, the Improvements and Facility have not been constructed and installed, the City may use any funds deposited in the Improvements Escrow to construct and install the improvements and Facility. If the cost of construction and installing of said Improvements and Facility exceeds the amount of said escrow, the City shall have a lien and charge against all the lots in the subdivision for the balance of the costs. The City shall refund to the Subdivider or depositor any Improvements Escrow monies not used by the City for the construction and installation of the Improvements and Facility. SECTION 8. WAIVER. If Subdivider sells or conveys lots in said subdivision without constructing or installing the Improvements and Facility: or the Subdivider fails to construct sidewalks required in Section 4 hereof, the City shall have the right to install and construct said Improvements, Facility or sidewalks. Subdivider acknowledges and agrees that all lots in the subdivision are specifically benefited by the Improvements and Facility, so that the cost of the installation shall be a lien and charge against all of the lots in the subdivision under the provisions of Chapter 384 of the 2007 Code of Iowa, as amended. The cost of Improvements and Facility need not meet the requirements of notice, benefit or value as provided by the law of the - 5 - `0 State of Iowa for assessing such Improvements and Facility. The cost of installing the sidewalks shall be a lien and charge only against the lot or lots abutting or in front of which sidewalks are installed. It is further provided that this requirement to construct the Improvements, Facility, or sidewalks is and shall remain a lien against the lots in the subdivision from the date of execution of thi: Agreement until properly released, as hereinafter provided. SECTION 9. RELEASE. The City agrees that when the Improvements and Facility have been installed to the satisfaction of the City, it will upon request promptly issue to the Subdivider, for recording in the office of the County Recorder of Johnson County, Iowa, good and sufficient release to the lots in said subdivision so that this Agreement will not constitute a cloud upon the title of the lots in said subdivision. A separate sidewalk lien release shall be issued where appropriate. The City Manager or designee is hereby authorized to execute the releases required by this section with the concurrence of the City Engineer and City Attorney, and to execute one or more limited release agreements based on the use of escrows as contemplated in Section 5 above. SECTON 10. STORMWATER CONTROL FACILITY RELEASE. With respect to Subdivider's obligation to construct the Stormwater Control Facility, the City agrees to provide a partial release for the development from any liens or clouds on title to the development by reason of such stormwater management obligations, provided the City Engineer certifies the following conditions and /or events have occurred: 1. The Facility has been substantially completed on that portion of the development to be released. 2. An escrow account has been established with the City in an amount not less than $15,000.00 to which the City's lien should attach immediately upon execution or recording of the partial Release. - 6 - 3. Ground cover is established and mowable so that the upland area is stable and surface erosion is mitigated. The City agrees to issue a total Release for the Facility upon certification by the City Engineer, in writing, that all of the following events and /conditions have been satisfactorily completed: 1. Permanent ground cover is established and mowable. 2. Erosion and sedimentation are controlled in conformance with the approved plans and specifications. 3. All land within the tributary area in the Development has been developed. 4. The Facility is complete. The Mayor is hereby authorized to execute all Releases provided for in this Section, with the concurrence of the City Engineer and the City Attorney. SECTION 11. STREET MAINTENANCE. The Subdivider agrees that the public services, including but not limited to street maintenance, traffic control, snow removal and rubbish and trash collection, need not be extended to any part in said subdivision until the pavement is installed and accepted by the City. ION 12. STREET ACCESS RESTRICTIONS. Lots 9, 17, 28 and 29 shall have vehicular access to Dunley Court only and not to Lake Shore Drive. Lots 34 and 35 shall have vehicular access to Tumbleweed Terrace only and not to Lake Shore Drive. Lot 20 shall have vehicular access to Country Club Drive only, and not to Lake Shore Drive. Lots 1 and 38 shall have vehicular access to Lake Shore Drive only, and not to Rohret Road. - 7 - 99� SECTION 13. NEIGHBORHOOD OPEN SPACE. The City's Neighborhood Open Space Ordinance requires the dedication of 0.61 acres of property, or the payment of a fee in lieu thereof, in connection with this subdivision. It is agreed that said requirement shall be met upon development of the Country Club Estate, Fifth Addition, according to the currently approved Preliminary Plat thereof. The location and legal description of the Subdivider's adjacent property is noted on Exhibit A. This obligation shall bind the successors and assigns of all of parties hereto, and shall apply to and run with the land and with the title to Subdivider's adjacent land in accordance with a declaration of restrictive covenant executed and recorded contemporaneously with this agreement. SECTION 14. SUCCESSORS AND ASSIGNS. The provisions of this Agreement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto and all covenants shall be deemed to apply to and run with the land and with title to the land. SECTION 15. SUB - DRAINAGE SYSTEM. Basements are permitted to be constructed on all lots in this subdivision. However, basements or dwellings constructed on all lots are subject to the following conditions and restrictions: Basements shall be equipped with a sump pump and adequate foundation tile with discharge into the subsurface drainage system located adjacent to Lake Shore Drive, Dunley Court, Tumbleweed Terrace and Rohret Road. Proper installation of the sump pump and foundation tile shall be the sole responsibility of the subdivider and /or contractor, and the City shall not be responsible for inspecting the installation of the sump pump and foundation tile. Discharge of the roof drains and downspouts of dwellings into the subsurface drainage system is prohibited. To ensure compliance with these provisions, the property owner's registered engineer shall certify the following: 1. There is no discharge of roof drains and downspouts of dwellings into the subsurface drainage system; and - a - ,y� 2. The foundation tile and sump pump have been properly installed to said subsurface drainage system located adjacent to Lake Shore Drive, Dunley Court, Tumbleweed Terrace and Rohret Road. SECTION 16. EFFECT OF PLAT NOTES. Plat notes and surveyors 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 17. ALL UTILITIES TO BE The Subdivider agrees that all electrical, telephone, and cable television service distribution lines installed in this subdivision shall be installed underground. SECTION 18. LONG TERM MAINTENANCE OF PRIVATE OPEN SPACES. The Subdivider acknowledges that Section 14 -3A -4J of the Iowa City Zoning Code requires the articulation of a maintenance plan for Private Shared Open Space areas of the subdivision, specifically Outlots A and C as shown on the subdivision plat, together with the 100 foot buffer shown on the Sensitive Areas Development Plan which areas are to be maintained as Wetland Areas, as provided in this agreement. The obligation to perform the maintain shall pass to the homeowners association in existence for the area, Country Club Estates Homeowners Association, an Iowa non - profit corporation, which association shall have, in perpetuity, the obligation to perform the - 9 - maintenance obligations described in this section, assessing the costs of such maintenance to the owners of all of the lots having membership in the Association in the manner provided in the Articles of Incorporation and Bylaws of the Association. The maintenance of Outlots A and C, and 100 foot buffer area shall conform in all respects to the requirements of The United States Army Corps of Engineers in granting the existing Wetlands permit. During the initial period of monitoring the status of the Wetlands by the Corps, the Subdivider shall have the duty to correct any conditions found unsatisfactory by the Corps. At the conclusion of the initial period of monitoring the status of the Wetland, the Subdivider, or its successor, the Association, shall inspect the Wetlands at intervals no less frequently than three times per year during the growing season, for the presence of invasive and noxious weeds (as the same are listed on the USDA list attached hereto), and shall cause to be removed, at its expense any species found. Further, the Subdivider, or its successor, the Association, shall inspect the stormwater forebays adjacent to the wetland at intervals no less frequent than annually. If the sediment in the overflow structure has reached a level of 3 inches below the elevation, or less, of the overflow structure, the Subdivider, or its successor, the Association, at its expense, shall cause the sediment to be removed from the forebays. If the Subdivider or its successor the Association fails to perform any of the duties described in this Section, the City may, but is not required to, cause to be perform the omitted duties, and assess the cost thereof to the Subdivider or the Association, or to the individual lot owners within all of the subdivisions within Country Club Estate in the manner provide for assessing costs of required weed removal or snow removal. All inspections called for in this Section shall be performed by an expert in wetlands sciences and compensatory mitigation. In addition to the monitoring for invasive species and siltation, the expert in wetlands science and compensatory mitigation engaged by the Subdivider or Association, the expert shall monitor for any other condition which would jeopardize the operation of the regulated area as a functioning Wetland according to the best practices in Wetland management as are established, from time to time, by the relevant -- 10 - professional associations. The expert shall prepare, for submission to the City on an annual basis a report including (1) Data on plant species diversity and the extent of plant cover established; (2) Wildlife presence; (3) Data on water regimes, water chemistry, soil conditions and ground and surface water interactions; and (4) Proposed alterations or corrective measures to address deficiencies identified in the wetland, such as a failure to establish a vegetative cover or the presence of invasive or foreign species. Outlots A and C shall be held in perpetuity for the benefit of the owners of the various parts of Country Club estates, and may not be sold to any individual or organization except for the express purpose of preserving and maintaining the wetland and its buffers. SECTION 19. WATER MAIN EXTENSION FEE. The subdivider agrees that no building permit will be issued for any lot in Country Club Estates Third Addition until the Subdivider has paid to the City a water main extension fee of $11,135.05 (28.19 acres @ $395 per acre). SECTION 20. MINIMUM LOW OPENINGS. Certain lots located in County Club Estates Third Addition have restrictive Minimum Low Opening (MLO) elevations, as noted on the final plat. Those lots and the respective MLO elevations are: LOT MLO 8 749.2 9 749.2 29 739.9 30 739.9 31 739.9 35 775.2 - 11 - P DATED this 11b day of 2009. S & J Development, L.L.P. B Michael H. Speer, Authorized Agent STATE OF IOWA ) SS: COUNTY OF JOHNSON ) is document �v acknowledged before me on this 18 day of 2009 by Michael H. Speer, as Authorized Agent of S J Development, L.L.P. Nota37y Nul6lic in and for My com ssion expires: State CRAIG N W "" C0MM*W W Nun6u 739133 My M ffJ8W n�E' res - 12 - -P CITY OF IOWA CITY, IOWA ATTEST: Ma °{an K. Karr, City Clerk CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this Z` day of � �2009, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey 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 Regenia D, Bailey and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of said municipal corporation, by it and them voluntarily executed. Notary Public in and for the State of Iowa P EXHIBIT A SUBDIVIDER'S ADJACENT UNPLATTED PROPERTY COUNTRY CLUB ESTATES THIRD ADDITION Commencing at the southeast corner of Section 13, Township 79 North, Range 7 West of the 5th P.M.; thence N0053'42 "E, 374.89 feet to the centerline of a county road, also being the point of beginning; thence southwesterly on the centerline of said county road 138.98 feet on a 1910.00 foot radius curve concave southeasterly; thence S68 017'49 "W, 812.69 feet on said centerline; thence S66 054'25 "W, 78.5 feet on said centerline; thence S89 048143 "W, 1692.69 feet on the south line of Section 13 to the south quarter corner of said Section 13; thence NO-56'50"E, 2634.03 feet on the west line of the southeast quarter of Section 13 to the center of said Section 13; thence N89 °40115 "E, 2642.75 feet on the north line of the southeast quarter of Section 13 to the east quarter corner of said Section 13; thence S0053'42 "W, 2265.59 feet on the east line of said Section 13 to the point of beginning. Excepting therefrom the following: Commencing at the southeast corner of Section 13, Township 79 North, Range 7 West of the 5th P.M.; thence NO-53'42"E, 374.89 feet along the east line of said Section 13 to the centerline of a County Road; thence southwesterly along the centerline of said County Road 138.98 feet on a 1910.00 foot radius curve concave southeasterly (which chord bears S70 022153 "W, 138.95 feet); thence S68 017'49 "W, 525.08 feet along said centerline to the point of beginning; thence S68 017149 "W, 174.06 feet along said centerline; thence NO1 037'49 "E, 343.91 feet; thence S88 047'06 "E, 158.02 feet; thence S1 015'14 "W, 276.12 feet to the point of beginning. Also excepting Southwest Estates Subdivision, Parts One, Two, Three, Four, Five and Six according to the plats thereof recorded at the following respective locations: Book 26, Page 52; Book 28, Page 42; Book 30, Page 274; Book 30, Page 75; Book 33, Page 223; and Book 34, Page 227, all in the Plat Records of Johnson County, Iowa. Also excepting beginning at the Northwesterly corner of Lot 11, of Southwest Estates Subdivision, Part Two, to Iowa City, Johnson County, Iowa, in accordance with the Plat thereof Recorded in Plat Book 28, at Page 42, of the Records, of the Johnson County Recorders Office; Thence S06 037'04 "W (A Recorded Bearing) along the Westerly Line of said Lot 11, 480.92 feet, to the Southwesterly Corner thereof; Thence N20 009'19 "W, 426.00 feet; Thence Northeasterly, 67.94 feet, along a 50.00 foot radius curve, concave Northwesterly, whose 62.83 foot chord bears N30055'09E; Thence N81 059'37 "E, 171.60 feet, to the Point of Beginning. 9' Also excepting Country Club Estates First Addition, according to the plat thereof recorded in Book 41, Page 6, Plat Records of Johnson County, Iowa. Also excepting Auditor's Parcel 2002031 according the Plat of Survey recorded in Book 45, Page 53, Plat Records of Johnson County, Iowa; and further excepting Auditor's Parcel 2006047 according the Plat of Survey recorded in Book 51, Page 249, Plat Records of Johnson County, Iowa; and further excepting Country Club Estates Second Addition, according to the plat thereof recorded in Book 49, Page 270, Plat Records of Johnson County, Iowa and further excepting Country Club Estates Third Addition, according to the plat submitted herewith. ��J MAY -29 -2009 FRI 09;39 AM REGULATORY BRANCH FAX NO, 13097945190 P. 02 @ DEPARTMENT OF THE ARMY ROCK ISLAND DISTRICT, CORPS OF ENGINEERS CLOCK TOWER BUILDING • P.O. BOX 2004 ROCK ISLAND, ILLINOIS 01204 -2004 "my" nrrAMM10F hHp:lhwrx•mvr•uwca.am,y.m1 May 29, 2009 Operations Division SUBJECT: CBMVR -OD -P- 20061210 Mr. Ron Amelon MMS Consultants, Inc. 1917 South Gilbert Street Iowa City, Iowa 52240 Dear Mr. Anolon; Enclosed is S and J Development's Department of the Army permit (in duplicate) which will authorize work it, conjunction with the construction of a storm water detention facility and road crossing in an adjacent wetland to an unnamed tributary in Iowa City, Jolurson County, Iowa. If the permit is acceptable to you, please have a voprosentativo from S and J Development sign and date both copies of the pemit (pago 5). Return both copies of the permit to this office along with a check for $100.00 (made payable to the Rock Island District, Corps of Engineers) at the following addross: District Engineer US Arty Corps of Engineers, Rook Island District ATTV; Regulatory Branch Clock Tower Building Post Office Box 2004 Rock Island, Tlllnois 61204 -2004 The permit will becmne effective when signed by an authorized representative of this office. A copy of the signed permit will be returned to you for your distribution to S and J Development. If you do not accept the terns and conditions of this initial proffored permit, you may decline and request that this initial proffered permit be modified by following procedures outlined in Section I.A. of the attached Notification of Appeals Process. If you decline, howovor, you are not authorized to commence work until you receive the appropriate Department of the Army autlrorization. Your request must be received by the Rook Island District Engineer at the, above address by July 27, 2009. Also enclosed is a preliminary jurisdiction fcryour proposed project. Iti you agree with the determination,•please sign and date the fonn and return a copy to this office, Should you have any questions, please contact me by letter, or telephone me at (309) 794 -5380. Sincerely, Jobn G. Betker project Manager Regulatory Branch Enclosures 4� MAY -29 -2009 FRI 09:39 AM REGULATORY BRANCH FAX NO, 13097945190 P. 03 DEPARTMENT OR THE UIM PERMIT PermitNumber: CEMVR -OD -P- 2006 -1210 Permittee: S and J Development 1157 Flagstaff Street Iowa City, Iowa 52240 Effective Date: Expiration Date: 31 December 2013 Issuing Office: U.S, Army Corps of Engineers, Rock Island District Clock Tower Building - P.O. Box 2004 Rock Island, Illinois 61204 -2004 Section 404 POC: Mr. Mike Spoor Tel: (319) 358 -8730 You are, authorized to perform work in accordance with the terms and conditions specified below. NOTE: The form "you" and its derivatives, as used in this permit, means theperrritteo or any future transferee. The tern "this office" refers to the appropriate district or division office of the Corps of Engineers havhngjurisdiotion over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. Project Description: The pormlttee will construct a storm water detention basin and road crossing in an unnamed tributary to Phebe Creek and an adjacent wetland. The total project will impact approximately 1.1 acres of wetland. To mitigate for wetland impacts approximately 2.1 acres ofwotland will be created, 1.74 acres of wetland will be enhanced, and 7.63 acres of upland buffer will be created around the wetland area, Project location: Adiacent wetland to an unnamed tributary to Phebe Creek in Section 13, Township 79 North, Range 7 West, in Iowa City, Iowa, UTM NAD -83 Tone 15, Northing 4611568, Fasting 651951. In accordance with the plans and drawings attached hereto which are incorporated in and made a part of this permit. Drawings) No. CEMVR -OD -P- 2006.1210 Sheet 1 of 3, location Map Sheot 2 of 3, Plan View Sheet3 of3, Plan View P MAY -29 -2009 FR( 09:39 AM REGULATORY BRANCH FAX NO, 13097945190 P. 04 Permit Conditions: General Conditions: 1, The time limit for completing the work authorized ends on the data specified on page 1. If you find that you need more time to completotho authorized activity, submit your request for a time extension to this office for consideration at least one month bafore that date is reached, 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the perm fitted activity, although you may make a good AM transfer to a third party, in compliance with General Condition 4 below. Should you wish to coast) to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may requirm restoration of the area. 3. If you discover any previously unknown historic or archaeological remains while accomplishing the activity authorized by this penuit, you mast Immediately notify this office of what you have found, We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places, 4. Ifyou sell the property associated with this permit, you must obtain the signature ofthe now owner in the space provided and forward a copy of the permit to this offlco to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified In tho certification as special conditions to this penuit, For your convenience, a copy of the certification is attached if it contains such conditions. (Condition is not applicable for Section 10 Permits.) 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit, Special Conditions: 1. That the 7 general conditions and 8 mitigation conditions listed in the attached Section 401 Water Quality Certification from tire, Iowa Department of Natural Resources dated May 25, 2009, are considered to be part of this permit. 2. That a conservation deed restriction on the entire 11.47 -acre area shall be filed with the county recorder's office or the appropriate entity charged with property records. The permittee shall submit a draft copy of the deed restriction to this office for review and approval within 30 days from the issuance date of this permit. Upon approval by this office, the permittee shall immediately file the deed restriction with the county recorder's office and provide proof of its recording to this district mid the Iowa Department of Natural Resources. The permittee shall seek to automatically renew the deed restriction durhrg year 19 of its existence and shall provide proof of future recordings to this district. The permittee shall continuoto renew the deed restriction in perpetuity. 3. Appropriate erosion control measures shall be maintained throughout the construction of the project, Any ground that is disturbed by construction will be covered with riprap, protected utilizing other blo- engineering methods, or will be seeded within 14 days after final grading, -2- City may be a hazard to said easement area, or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Owner reserves the right to use said easement area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement area. Fences and /or trees placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this / 3 l-' day of At y u S t 12009. ARLING DEVELOPMENT, INC. By - -_ (_oni N�ffc Procirlonf {00720I73.DOC }2 M -3- CITY OF IOWA CITY, IOWA By: &ZO 2)22: ATTEST: Rege V. Bailey, Mayor Marian K. Karr, City Clerk STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this l x` day of �uC,(L4A 2009 by Gary D. Watts as President of Arlington Development, A. Inch Baker C0fMIFB60 Number 222035 My Commisslon Expires Notary Public in and for said State STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) This instrument was acknowledged before me on this N day of NiVyl.0 , 2009 by John W. Moreland, Jr. as Secretary of Arlington Development, Inc. ° j'\ Commission Number 222035 ow WMy C�ormrdssion Expires ]n_nnu Notary Public in and for said State STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) On this day of 4I t(Gy5 r- , 2009, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey 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 Regenia D.Bailey arldMarian K. Karr acknowledge the {00720 t 73. Doc) 3 9:;'� -4- 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. oJy'�prs SONDRAErORT i Commission Number 159791 My Commission Expires Notary Public in and for said State ww % Zo R {00720173.DOC }4 Prepared by and after Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511 recording return to: Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 TRAIL EASEMENT AGREEMENT STONE BRIDGE ESTATES - PART SIX THIS AGREEMENT, made and entered into by and between Arlington Development, Inc. (Subdivider), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Subdivider hereby grants and conveys to the City an easement for the purpose of establishing and using a public trail over and across the area designated as "Trail Easement" within Outlot "E" as shown on the Final Plat of Stone Bridge Estates - Part Six, hereafter described as "easement area." Subdivider further grants to the City: 1. The right of grading said easement area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement area and also to trim, cut down and clear away any trees on either side of said easement area which now or hereafter in the opinion of the City may be a hazard to said easement area, or which may interfere with the exercise of the City's rights hereunder in any manner. (00720177.00c) -2- 1 The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. 4. Subdivider reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Subdivider shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Fences and /or trees placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. 5. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and Subdivider has a good and lawful right to convey it, or any part thereof. 6. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Subdivider until completion by Subdivider, and until acceptance by the City, as by law provided. After a public trail is constructed by subdivider on the easement area, Subdivider shall bear the responsibility of maintaining the easement area, including snow and ice removal and general maintenance of the trail. 7. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this 131`' day of August, 2009. (00720177.DOC) DEVELOPMENT, INC. President W. Moreland, Jr., Secretary IBM CITY OF IOWA CITY, IOWA By:_ R. a is 'D- Ma t ATTEST: By: AaL"?4'tJ A- Z4'4/ Marian K. Karr, City Clerk STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this B46 day of RuqU'dA , 2009 by Gary D. Watts as President of Arlington Development, Inc. G�LiezlEa Ei rY:> "' Commission Number r22:t5 11 My CommissionEy 11., STATE OF IOWA ) ss: COUNTY OF JOHNSON ) 1 11 Q. 3ci- Notary Public in and for said State This instrument was acknowledged before me on this tTO-� day of Pcu u'a;E , 2009 by John W. Moreland, Jr. as Secretary of Arlington DevOlopment, Inc. o,� r D6L7ae�A ®aker Commiaebn Number 22203 My on Expires STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) Cc:l� Notary Public in and for said State On this /1 day of AuGUsj- , undersigned, a Notary Public in and for the State of Iowa, Regeni a D. Bai l eyand Marian K. Karr, to me personally known, duly sworn, did say that they are the Mayor and City Clerk, res Iowa City, Iowa; that the seal affixed to the foregoing instrume 2009, before me, the personally appeared and who, being by me pectively, of the City of nt is the corporate seal (00720177.DOC) O -4- of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council; and that Regenia D. Bailey 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. t t t s SONDRAE FORT z Commission Number 159791 My Commission Expires ow 0I? (00720177.DOC) soy'd.'ac 1'aA Notary Public in and for said State N Prepared by and after recording return to: Michael J. Pugh Bradley & Riley PC One South Gilbert Street Iowa City, IA 52240 Phone(319)466 -1511 FAX (319) 358 -5580 SANITARY SEWER EASEMENT AND STORM SEWER EASEMENT THIS AGREEMENT, made and entered into by and between Gary D. Watts and Becky J. Watts, husband and wife and John W. Moreland, Jr. and Sandra J. Moreland, husband and wife (collectively "Owner"), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of grading and /or excavating for and the installation, replacement, maintenance and use of 1) sanitary sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage; and 2) storm sewer lines, pipes, mains and conduits as the City shall from time to time elect for conveying stormwater; and to facilitate use of the easement area for the purposes for which it has been granted. This easement for multiple purposes shall also allow all necessary equipment, appliances and fittings, for the use in connection with said multiple purposes, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas described as "Storm Sewer and Sanitary Sewer Easement' on Exhibit "A" and "Sanitary Sewer and Storm Sewer Easement' on Exhibit "B ", attached hereto and incorporated herein by reference, and referred to herein as "Easement Areas ". Owner further grants to the City: 1. The right of grading said easement area for the full width thereof and to extend the cuts and fills for such grading into and onto said lands along and outside of the said Easement Areas to such extent as the City may find reasonably necessary. 100743412.DCC} O 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 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 Owner shall have no responsibility for maintaining, repairing or improving the Easement Areas. 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 Owner has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City or the Owner to install the original public improvement at issue herein. The Owner shall install the public improvements in accordance with City specifications in connection with the final platting of adjacent property known as Stone Bridge Estates — Part Five. In connection with any such installations by the Owner, the Owner shall not be deemed acting as the City's agent during the original construction and installation of such improvements. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and all Owner's obligations for installation of initial improvements shall remain on Owner until completion and until acceptance by the City, as by law provided. After acceptance of the initial improvements, the City shall, at its expense, thereafter maintain, repair and replace any such public improvements and otherwise maintain the Easement Areas. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the Easement Areas. City covenants and agrees that existing driveways, fences, underground drainage tile or other site features, which are removed or disturbed shall, to the extent reasonably possible, be replaced by City to conform with features or items removed during maintenance of the public improvements. City covenants and agrees to remove and stockpile existing topsoil from areas to be excavated, to be used in the event of any repair. Following installation of the public improvement, all areas within the Easement Areas which are disturbed will be graded to {00743412.o0C) r form a uniform slope, and topsoil shall be replaced and respread over disturbed areas, thereby restoring said area substantially to its prior condition. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. SIG this /3 day of �r��eL5 ,2009. Gary D. Watts Becky . W tts W. Moreland, Jr. A CITY. I D. Bailey, ATTEST` By: Oi�lliLGra ,rte - f Mari'an K. Karr, City Clerk (,' - I Y lUdl'u Sa ra J. Morelan STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me on this I � day of RIA 2009 by Gary D. Watts. Commbsbn N %W5 Mvr�mmiseronE�ires Notary Public in and for said State -Le STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me on this 12 ' fl day of A110% , 2009 by Becky J. Watts. bsU— A. er � o` Number 22203 -sw 4 -70 )-011 Notary Public in and for said State 100743412. DOC13 49� STATE OF IOWA, COUNTY OF JOHNSON) ss: 5 This instrument was acknowledged before me on this y� day of 2009 by John W. Moreland, Jr. bebsa A.- ° xr Commission Number 29W0 3 MyCommis5lon Cx ;�;.. Notary Public in and for said State STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me on this ��' day of A k, 2009 by Sandra J. Moreland. x commission Number 222035 NtyComm1wonExpires v -1a zo n Notary Public in and for said State STATE OF IOWA, COUNTY OF JOHNSON) ss: On this -13-- day of Au6u< --- , 2009, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Regenia D.Bailey 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 Regenia D.Bai IeyandMarian 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. SON FORT S'tsn[�icu.0 iJ� Commission Number 158791 My Commission Expires Notary Public in and for said State ow / { 00743412. Doc 14 �� c �P e Cm � •�o� J �m n m m $�Ibi4 0 � R w �i� L +W I ES p Qx �8 m zai Oo o�O F9 a ?mnm ZJO ° S 8 C �,n vAZn A6 NO maJO• 1°1-1 n.Ort ^°� ^�TVJb�1 .Z A0A0.^i m �Up N4�t�. �I%N »m Qu° min °mm .Ima Nmz^ rnx I ,<sc � ,°�� miuo ye_OiN$go EO �°O. Om 44_ S'Om aZ?IZ °'O-C yN°a ^� N OS °Abm >>a OmH o mom ^ mgm o c�' 2 ° - bAn�N °mm m = D o , ^�2n OA m(Si ^m 0^ ,Gem o,OQ ynm�1W Z >F� fmi JO sMPH o A� �;� ^a�SaJNZU iP p£n �10 z °.yWfFe,am 9po °z'�° caF O awx� Uew so zn ACNE �HOObR tp Qm ^m0 ay _c D oE;:mz 60 ^vin .�so £,°m, p0m mm °'N H.miS 7m n z O�E`�NC��m=°msm i �vo m bad S 3 psv �z � oOnDO 3 ^ L I F F9 b % ° S 8 C ��; Mai 'l . G+II1111111111 11111 � ,°�� � � S:E� o DZD m sMPH o A� 3 m IJ =oo� caF O _ a ae e emom$= bo N'€��nn:- €gyp -+i minis a 'E �J 11!0 m 3 e l0 n z 3 S 3 psv �z � oOnDO 5 a � E Z G�U)Q aA pop _ NOS 5 § ° S �' �- -NN D m ,°�� o DZD m m A� o a m IJ O caF O z (0) � CJ fn m 3 e l0 3=N 3 C Z� p l z 5 Z G�U)Q aA pop _ NOS Sm� -Z{ Ho m \41<6 \4146- ]69 - \41 <5i6911.0�9 8/6/1003 IZ'. J4. J3 fu CDi Noi IS Prepared by and after recording return to: Michael J. Pugh Bradley R Riley PC One South Gilbert Street Iowa City, IA 52240 Phone (319) 466 -1511 FAX (319) 358 -5580 TEMPORARY TURN AROUND EASEMENT AGREEMENT STONE BRIDGE ESTATES - PART SIX IOWA CITY, IOWA For the sum of One Dollar and other valuable consideration, the undersigned Owner hereby grants to the public and the City of Iowa City, a perpetual City service access easement upon, over, under, along, and across the temporary turnaround area constructed at the end of Colchester Drive and Arlington Drive within Stone Bridge Estates - Part Six pursuant to the Subdivider's Agreement for said subdivision and as shown on Exhibits "A" and "B" attached hereto. This easement grants to the City and its service vehicles, employees and agents a means of ingress, egress and passage over the easement areas for all official acts and City services. Additionally, the Iowa City Fire Department is hereby granted an access easement with the right of access over and across the above - described easement areas, which right includes the right of vehicular turn - around and non - emergency access and posting for the purposes of enforcing Fire Safety Standards under the Uniform Fire Code, as amended. The City's Police Department is authorized to ticket, tow, or cause to be towed, pursuant to the Code of Iowa, as amended, any motor vehicle that has been parked or placed upon the temporary easement areas in violation of the parking laws of the City and State of Iowa. This Agreement shall serve as appropriate notice for such authorization to City's Police Department under the Code of Iowa, as amended. The City shall have no responsibility for maintaining the easement area. Grantors, their successors in interest and assigns, reserve the right to use said easement areas for purposes which will not interfere with the Grantee's full enjoyment of rights hereby granted; provided the Grantors shall not erect or construct any structure, reservoir, retaining wall, or other obstruction on said areas. The Owner hereby covenants that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. The term of this easement will be until Colchester Drive and Arlington Drive are extended in a northeasterly direction from Stone Bridge Estates - Part Six. (00720224.DOC) This easement shall inure to the benefit of and bind and the successors and assigns of the respective parties hereto. All covenants shall be deemed to apply to and run with the title to the land. OWN r;ar� n arr_ COUNTY OF JOHNSON Watts. ss: J. Moreland (),r_� 0 This instrument was acknowledged before me on this J 3 ' day of August, 2009, by Gary D. < s DeLlsaA. —Ba er CommWlon Number 222035 „> My�oExplres STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) h a.9 Notary Public in and for said State This instrument was acknowledged before me on this )X day of August, 2009, by Becky J. Watts abo Y3el— AE3aker r Number 22e035 �I My Explre ( A 6ry_ U }� Le rr Notary Public in and for said State STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this 14 -6 day of August, 2009, Moreland, Jr. ,�LC4CL a .� Notary Public in and for said State ®eUiiA.Il Fe Cammleslon Number 222035 • ow.- STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) by John W. This instrument was acknowledged before me on this tP day of August, 2009, by Sandra J. Moreland. t Ltr —er Y COMmAaWon Number 2Z..0;�5 = � p M mts3lon Ezplrmu a, jll Notary Public in and for said State (00720224.DOC) ' / T —` : / �'� � n i\ C7 F, O Q ® 0 0 D 99,Z z °Zo.m z i 'e SNO e n ezu�on o a1°+ I 1 1 1 1 I 1 iii I I I I I I Z Y p oongsa° �nno O e R sg $ o'uio mN °i lov1. zp m A. mrim ^s 5. »aW .4 0�9D ��99 FA Cic °'�7 g�Yo�� Z � cee4 omo mGee ^o�» �. s _•• v��(�O��ouANO Ob Sm jno YC NC ¢ ✓ .` jj p��vlem vm OONiO OO mm �N.°i O�� N ti �l°i >O Zpv �e� oz p Sgt °�� 3 °Sa 00 y �EQ O 2 OHO mN> no >N >�\A O m -Zi Zmm "� r�9 ��9 aN� �pl~i1 7 ��iO °m C. \1115 \1116 -10- \111021-1 Eng 0/6 /ePJ3 ILI". 111"1.1 P]fJ I W F a.oa,�goz; omoy vm Z �QpT yJ obn vwm x2 OM b A bia y�o NNd � %N n� �on'�o °o money ^OS° ^$gig sy qQO� unb jib P ^o Nip nnZ^� e oF� oommn o o'OO ��mo ^wy$z1Ss° ai Nmj O�r�'O �+0 o^� ^FJ °JNZw7 �A 'm nyvo ° ^(Nie (nA Vim° ° V'K O. �`C O JUba�pW pm n�WNA mN O °O�AO.nO of�mzg °nF »oom WCn 0:01.1 b FO mAm � ^pim�o ^ »A OA° n o .. R R b°q 6D 6D p> n c Sm0 €v I >z> �\ Z N O o On Z�A O o a O 0 pA ® o0DD3' m -I 9p p 01 m�Om n �Am \6145 \4145- 359- \SI<ESE5H tlng B /b/3G49 1>: JO: }] pF1 f0i I� 1 �l�i4 Z Z tup�5 �r� I U� x 3;1 D n w�o> .. m n c e�t 3 e I ge�is >b p O m seyyee -12 pA ® o0DD3' m R 9p p ° 7N c%'1 gy � � O III IIIIIItII II111 .lod Fei ��bcSzZCC��SJ{Opnyv [Anmsisii mp° p N 2 ,-bl oy5 s °o >�9sC1 >>zO gig s =I OPP YINyS`�� in An88 ooc Roo s �byRQb z NE%in2°A'9 °_ 4s> °90 ootl R oz o j g TI G� .. m n c e�t 3 e om b ge�is >b p O m seyyee -12 pA 3 ne m R 9p p ° 7N bp- � O1iDm .lod u8A 6 3 N mp° p N 2 ,-bl j g TI G� 2 9 e�t 3 e g $ ge�is Z � 3 seyyee -12 Prepared by and after recording return to: Michael J. Pugh Bradley & Riley PC One South Gilbert Street Phone (319) 466 -1511 Iowa City, IA 52240 FAX (319) 358 -5560 TERMINATION OF TEMPORARY TURN AROUND EASEMENT AGREEMENT RE: Stone Bridge Estates — Part Five, according to the Final Plat thereof recorded in Book 51, at Page 278, Records of Johnson County, Iowa (the " Subdivision"). WHEREAS, pursuant to a Temporary Turn Around Easement Agreement recorded in Book 4133, Page 511, Records of Johnson County, Iowa (the `Basement'), the City of Iowa City was granted an access easement upon, over, under, along, and across the temporary turnaround area constructed at the end of Colchester Drive within the Subdivision as shown on the attached Exhibit "A"; WHEREAS, pursuant to the Easement, the term of the Easement is until Colchester Drive is extended in a northeasterly direction from the Subdivision; and WHEREAS, Colchester Drive has been extended in a northeasterly direction from the Subdivision. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned, the City of Iowa City, hereby fully and irrevocably terminates, vacates, and releases the Easement. Dated this /9 day of August, 2009. ATTEST: Marian K. Karr, City Clerk {00743371.DOC1 O CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of August,2009, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey 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 Regenia D. Bailey and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of said municipal corporation, by it and them voluntarily executed. twSONDRAE FOR :�G o 1—rs -t Commssion Number 159797 Notary Public in and for the State of Iowa My Commission Expues _j / a� Wyo » »U ;• '°z °3 Si °o `v oT'nGa�mo ..pz 00 R I^o ononc Opp m'M� gT^ aSiO' O NZ 3' »mmmmo oEm o� eemz000�o�`� _aa» ov ,£o 'm oou�° Ono. °.�° i o�mo onn�t�o mOO 4oroa og > > >m F o° �NpA 4��'+'m ' O' mA Z(%O ANm -.O £Or �mjm 0 pp��» P1414m'O Eri !� &» pNQ oo" —moim P4m'm in^ 9a �&N. ?OOOOm po O c L'0e1 a 8� OpOmND 'may O m g z g o 4 S e ! >$ Ili it ilri irr iilli p ss0 ggg 6oRRx q e $�;e �R��aa£ �Z c =�c °imm�o�S3x g €og�=a=m =gx ig�HRo z $ _. e N!, PER 1 o Vii r Z D O ��� ;1 ,°�b'p O A' o K 9i 112SP PH eO� rn C°U� g'r'= S ° m F9 g W rn C g,M i r y o ^� U) �DN �' uDm Q e v °co mo �°n2o ;o L ssa s &o G oa� k�A ISO z D �Ag O y0 y �O n/ po g o a 8� OpOmND 'may O m R g o n DzD�mO Dm �Z >� 1 o Vii r Z D O ��� ;1 ,°�b'p O A' o voOp u3, C eO� rn C°U� g'r'= S ° 0 e err o g W rn C g,M i r y i �DN �' uDm n G> No!, v> k�A ISO y �O n/ \tr146 \ <ILL -'e 69- \41LE "[E9H tlng B /6 /iuG9 11, JOJI f'N (I11 Doc ID: 021667830089 Type. DEN -yt r "III J+Stf' Klnd: SUBDIVISION �4 Recorded: 11/02/2009 at 02:26:05 PM '` >���� Fee Amt: Johnson loant.O0owaee 1 of 89 Kim Painter county Recorder CITY OF IOWA CITY BK4522 P422-210 410 East Washington Street Iowa City. Iowa 52240 -1826 (319) 3S6 -5000 (319) 356 -5009 FAX STATE OF IOWA www. icgov. o rg ) ) SS JOHNSON COUNTY ) I, Marian K. Kan', City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.09 -283, which was passed by the City Council of n Iowa City, Iowa, at a regular meeting held on the 18th day of August, 2009, all as the same appears of record in my office. Also attached are the final legal documents for Country Club Estates Third Addition as follows: 1. Title Opinion 2. Certificate of Mortgagee (Hills Bank) 3. Owners Dedication & Statement of Consent 4. Certificate of County Auditor 5. Certificate of Treasurer 6. Subdivider's Agreement 7. Declaration of Restrictive Covenants 8. Confirmation of Extension of Protective Covenants & Restrictions 9. Storm Sewer and/or Drainage Easement Agreement 10. Sanitary Sewer Easement Agreement 11. Stormwater Detention Facility Easement Agreement 12. Underground Utility Easement Agreement 13. Permanent Force Main Easement Agreement 14. Permanent Lift Station and On Site & Off Site Access Easement Agreement w /plat attached 15. Off -site Storm Sewer and/or Drainage Easement Agreement w /plats attached 16. Off -site Permanent Force Main and Sanitary Sewer Easement Agreement w /plat attached Dated at Iowa City, Iowa, this day of l J(��o f 2009. Maria K. Karr City Clerk fires subdivision Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5243 (SUB09- 00003) RESOLUTION NO. 09 -283 RESOLUTION APPROVING FINAL PLAT OF COUNTRY CLUB ESTATES, THIRD ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, S & J Development LLP, filed with the City Clerk the final plat of Country Club Estates, Third 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: Commencing at the Center of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence S01 015'57 "W, along the West line of the Southeast Quarter of said Section 13, a distance of 1445.26 feet, to the Point of Beginning; Thence S38 °41'18'E, 417.39 feet; Thence N51 °18'42'E, 125.00 feet; Thence S38 041'18 "E, 20.00 feet; Thence S51 °18'42 "W, 125.00 feet; Thence S38 °41'18 "E, 228.87 feet; Thence S86 030'48 "E, 235.44 feet; Thence N64 020'21 "E, 90.67 feet; Thence N26 044'57 "W, 119.76 feet; Thence N21 019'53 "W, 60.38 feet; Thence N19 021'48 "W, 137.52 feet; N04 003'46 "W, 245.21 feet, to a point on the Southwesterly projection of the Easterly line of Outlot A, of Country Club Estates First Addition, in accordance with the Plat thereof Recorded in Plat Book 43, at Page 284, of the Records of the Johnson County Recorder's Office; Thence N11 037'37 "E, along said Southwesterly projection and Easterly line, 207.06 feet; Thence S78 022'23 "E, along the South line of said Country Club Estates First Addition, 120.00 feet; Thence S11037'37'W. along said South line, 60.33 feet; Thence S78 022'23 "E, along said South line, 60.00 feet; Thence Northeasterly, 39.34 feet, along said South line on a 25.00 foot radius curve, concave Southeasterly, whose 35.36 foot chord bears N56 °37'24 "E; Thence S78 022'23 "E, along said South line, 45.55 feet; Thence Southeasterly 31.07 feet, along said South line on a 325.00 foot radius curve, concave Northeasterly, whose 31.06 foot chord bears S81 006'43 "E; Thence S03 °20'14 "W, along said South line, 126.16 feet; Thence S88 032'31 "E, along said South line, 226.92 feet, to the Northwest Corner of Auditor's Parcel 2006047, in accordance with the Plat thereof Recorded in Plat Book 51, at Page 249, of the Records of the Johnson County Recorder's Office; Thence S01 027'29 "W, along the West line of said Auditor's Parcel 2006047, a distance of 10.15 feet, to the Southwest corner thereof; Thence N81 °43'30'E, along the South line of said Auditor's Parcel 2006047, a distance of 169.98 feet, to the Southeast Corner thereof, and a Point on the Westerly line of the Parcel of land conveyed by Warranty Deed, as Recorded in Deed Book 1484, at Page 332, of the Records of the Johnson County Recorder's Office; Thence S19 °45'01 "E, along said Westerly Line, 376.00 feet, to the Southern most corner thereof, and a Point on the West Line of Southwest Estates Subdivision Part Two, in accordance with the Plat thereof Recorded in Plat Book 28, at Page 42, of the Records of the Johnson County Recorder's Office; Thence S68 004'47 "W, along said West line, 260.00 feet; Thence S46 °03'38 "E, along said West Line, 330.10 feet; Thence S53 055'32 "E, along said West Line, 235.85 feet; Thence S21 °17'53 "E, along said West Line, 412.93 feet, to the Southwest Corner thereof, and a Point on the centerline of Rohret Road; Thence S68 °42'07 "W, along said centerline, 18.85 feet; Thence S67'1 8'23"W, along said centerline, 131.42 feet; Thence S67 000'50 "W, along said centerline, 52.57 feet; Thence S60 °26'59 "W, along said centerline, 88.13 feet; Thence S59 °56'46 "W, along said centerline, 61.62 feet; Thence N29033'01'W, 306.87 feet; Thence N47 044'46 "W, 93.04 feet; Thence N43 °56'15 "W, 60.00 feet; Thence N46005'28'W, 308.97 feet; Thence S71 029'39 "W, 50.18 feet; Thence N84 °24'45 "W, 101.05 feet; Thence S72 °43'26 "W, 100.86 feet; Thence S64 016'55 "W, 147.73 feet; Thence S27 001'52 "E, 137.16 feet; Thence Southwesterly, 50.00 feet, along a 1351.00 foot radius curve, concave Northwesterly, whose 50.00 foot chord bears S64 001'45 "W; Thence N24 °54'39'W, 137.00 feet; Thence S64 030'09 "W, 112.85 feet; Thence S71 °00'01 "W, 117.35 feet; Thence S78 000'56 "W, 223.03 feet; Thence S40 013'58 "W, 108.48 feet; Thence S50 014'53 "E, 124.04 feet; Thence Southwesterly, 15.40 feet, along a 180.00 foot radius curve, concave Southeasterly, Resolution No. 09_283 Page 2 whose 15.40 foot chord bears S37018'02'W; Thence N55 009'02 "W, 177.09 feet, to a Point on the West Line of the Southeast Quarter of said Section 13; Thence N01°165TE, 1057.65 feet, to the Point of Beginning. Said Tract of land contains 28.19 acres, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (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 final plat of Country Club Estates, Third Addition, Iowa City, Iowa on the above - described real estate is hereby approved. 2. The City accepts the dedication of the streets and easements as provided by and specifically set aside, although certain portions of said land are not open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner /subdivider. Passed and approved this 18th day of ATTEST: CITY UERK City Attorney's Office Y /i O -7 It was moved by O'Donnell and seconded by champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X _ Bailey X Champion x Correia X Hayek X O'Donnell x Wilburn Wright Jam`' Prepared by: Craig N. Willis, P.O. Box 143, Iowa City, IA, 52244 (319)337 -9621 I, Craig N. Willis, a practicing attorney in Johnson County, Iowa, state that I have examined an abstract of title and reporting title to March 11, 2009 at 5:30 P.M. to the real estate which is to be platted as Country Club Estates Third Addition, more particularly described as: Commencing at the Center of Section 13, Township 79 North, Range 7 West of the Fifth Principal Meridian; Thence SO1 °15157 "W, along the West line of the Southeast Quarter of said Section 13, a distance of 1445.26 feet to the Point of Beginning; Thence S38 °41'18 "E, 417.39 feet; Thence N51018142 "E, 125.00 feet; Thence S38 041118 "E, 20.00 feet; Thence S51015142 "W, 125.00 feet; Thence S38 °41118 "E; 228.87 feet; Thence 586030148 11E, 235.44 feet; Thence N64020'21 "E, 90.67 feet; Thence N26044157 11W, 119.76 feet; Thence N21019153 "W, 60.38 feet; Thence N19021'48 "W, 137.52 feet; N04003146 1141, 245.21 feet, to a point on the Southwesterly projection of the Easterly line of Outlet A of Country Club Estates First Addition, in accordance with the Plat thereof Recorded in Plat Book 43, at Page 284, of the Records of the Johnson County Recorder's Office; Thence N11 °37'37 "E, along said Southwesterly projection and Easterly line, 207.06 feet; Thence S78022'23 "E, along the South line of said Country Club Estates First Addition, 120.00 feet; Thence S11 037'37 "W, along said South line, 60.33 feet; Thence S78022'23 "E, along said South line, 60.00 feet; Thence Northeasterly, 39.34 feet, along said South line on a 25.00 foot radius curve, concave Southeasterly, whose 35.36 foot chord bears N56037'24 "E; Thence 578022123 11E, along said South line, 45.55 feet; Thence Southeasterly 31.07 feet, along said South line on a 325.00 foot radius curve, concave Northeasterly, whose 31.06 foot chord bears 581006'43 "E; Thence 503020114 "W, along said South line, 126.16 feet; Thence S88032131 "E, along said South line, 226.92 feet, to the Northwest Corner of Auditor's Parcel 2006047, in accordance with the Plat thereof Recorded in Plat Book 51, at Page 249, of the Records of the Johnson County Recorder's Office; Thence SO1 °27'29 "W, along the West line of said Auditor's Parcel 2006047, a distance of 10.15 feet, to the Southwest corner thereof; Thence N81043130 "E, along the South line of said Auditor's Parcel 2006047, a distance of 169.98 feet, to the Southeast Corner thereof, and a Point an the Westerly line of the Parcel of land conveyed by Warranty Deed, as Recorded in Deed Book 1484, at Page 332, of the Records of the Johnson County Recorder's Office; Thence S19045'01 "E, along said Westerly Line, 376.00 feet, to the Southern most corner thereof, and a Point on the West Line of Southwest Estates Subdivision Part Two, in accordance with the Plat thereof Recorded in Plat Book 28, at Page 42, of the Records of the Johnson County Recorder's Office; Thence S68 °04147 "W, along said West Line 260.00 feet; Thence S46 °03'38'E, along said West Line, 330.10 feet; Thence , q S53055'32 "E, along said West Line, 235.85 feet; Thence S21 °17'53 "E, along said West Line, 412.93 feet to the Southwest Corner thereof, and a Point on The centerline of Rohret Road; Thence S68 °42'07 "W, along said centerline, 18.85 feet; Thence S67018'23 "W, along said centerline, 131.42 feet; Thence S67 °00'50 "W, along said centerline, 52.57 feet; Thence S60 °26'59 "W, along said centerline, 88.13 feet; Thence S59056146 11W, along said centerline, 61.62 feet; Thence N29 °33'01 "W, 306.87 feet; Thence N47044'46 "W, 93.04 feet; Thence N43 °56115 11W, 60.00 feet; Thence N46 °05128 "W, 308.97 feet; Thence S71029139 "W,50.18 feet Thence N84 °24145 "W, 101.05 feet; Thence S72 °43'26 11W, 100.86 feet; Thence S64016'55 "W, 147.73 feet; Thence 527001'52 "E, 137.16 feet; Thence Southwesterly, 50.00 feet, along a 1351.00 foot radius curve, concave Northwesterly, whose 50.00 fcot chord bears 564001'45 "W, Thence N24054'39 "W, 137.00 feet; Thence 564030'09 "V7, 112.85 feet; Thence S71o00'01 "W, 117.35 feet; Thence S78000'S6 "W, 223.03 feet; Thence S40 °13158 "W, 108.48.feet; Thence S50014'53 "E, 124.04 feet; Thence Southwesterly, 15.40 feet, along a 180.00 foot radius curve, concave Southeasterly, whose 15.40 foot chord bears S37018102 "W; Thence N55o09'02 "W, 177.09 feet, to a Point on the West Line of the Southeast Quarter of said Section 13; Thence NO1 °15'57 "E, 1057.65 feet, to the Point of Beginning. Said Tract of land contains 28.19 acres. As of July 30, 2009 at 5:30 P.M. Z certify that marketable title to said premises is in S & J Development, L.L.P., subject to mortgages in favor of Hills Bank and Trust Company recorded in Book 2805, Page 153, Book 2986, Page 633, and Book 422��41, Page / Dated this ` V day of 940. 2009. CERTIFICATE OF MORTGAGEE Hills Bank and Trust Company, mortgagee of mortgages recorded in Book 2805, Page 153, Book 2986, Page 633, and Book 4241, Page 940 does hereby consent to the platting of Country Club Estates Third Addition, Iowa City, Iowa by means of the documents recorded with this consent. � h Dated this 'day of �`-` -9 `--.1 "7�" 2009. Hills Bank and Trust Company: By: STATE OF IOWA ) SS: COUNTY OF JOHNSON ) By: This instrument was acknowledged before me on this 16 day of ,, , %F , 2009, by ljr,ply GkK z'46 as St. V,eg AysIA"It and by T}' FJ,�. as V/u Ptt:0"K of Hills Bank and Trust Company QUINCY HARRIS �blic in d for the State of Iowa ,¢`� ke�Commission Number 756603 My commission expires:--,L Mmm(ssionFxpires 11 OWNERS DEDICATION AND STATEMENT OF CONSENT FOR COUNTRY CLUB ESTATES THIRD ADDITION S & J Development, L.L.P., states that it is the record owner of the following described real estate which is to be platted as Country Club Estates Third Addition, Iowa City, Iowa: Commencing at the Center of Section 13, Township 79 North, Range 7 West of the Fifth Principal Meridian; Thence S01 °15157 11W, along the West line of the Southeast Quarter of said Section 13, a distance of 1445.26 feet to the Point of Beginning; Thence S38 041'18 "E, 417.39 feet; Thence N51 °18'42 11E, 125.00 feet; Thence S38 041118 "E, 20.00 feet; Thence S51 °15142 "W, 125.00 feet; Thence S38041118 "E, 228.87 feet; Thence S86030148 11E, 235.44 feet; Thence N64020'21 "E, 90.67 feet; Thence N26 °44157 "W, 119.76 feet; Thence N21019153 11W, 60.38 feet; Thence N19 °21148 11W, 137.52 feet; N04003'46 "W, 245.21 feet, to a point on the Southwesterly projection of the Easterly line of Outlot A of Country Club Estates First Addition, in accordance with the Plat thereof Recorded in Plat Book 43, at Page 284, of the Records of the Johnson County Recorder's Office; Thence N11037137 "E, along said Southwesterly projection and Easterly line, 207.06 feet; Thence S78022123 11E, along the South line of said Country Club Estates First Addition, 120.00 feet; Thence S11037137 11W, along said South line, 60.33 feet; Thence S78022'23 "E, along said South line, 60.00 feet; Thence Northeasterly, 39.34 feet, along said South line on a 25.00 foot radius curve, concave Southeasterly, whose 35.36 foot chord bears N56 °37124 "E; Thence S78022'23 "E, along said South line, 45.55 feet; Thence Southeasterly 31.07 feet, along said South line on a 325.00 foot radius curve, concave Northeasterly, whose 31.06 foot chord bears S81006143 "E; Thence S03020'14 "W, along said South line, 126.16 feet; Thence S88032'31 "E, along said South line, 226.92 feet, to the Northwest Corner of Auditor's Parcel 2006047, in accordance with the Plat thereof Recorded in Plat Book 51, at Page 249, of the Records of the Johnson County Recorder's Office; Thence S01027129 11W, along the West line of said Auditor's Parcel 2006047, a distance of 10.15 feet, to the Southwest corner thereof; Thence N81043130 11E, along the South line of said Auditor's Parcel 2006047, a distance of 169.98 feet, to the Southeast Corner thereof, and a Point an the Westerly line of the Parcel of land . conveyed by Warranty Deed, as Recorded in Deed Book 1484, at Page 332, of the Records of the Johnson County Recorder's Office; Thence S19045101 "E, along said Westerly Line, 376.00 feet, to the Southern most corner thereof, and a Point on the West Line of Southwest Estates Subdivision Part Two, in accordance with the Plat thereof Recorded in Plat Book 28, at Page 42, of the Records of the Johnson County Recorder's Office; Thence 568004147 "W, along said West Line 260.00 feet; Thence S46 °031381E, along said West Line, 330.10 feet; Thence S53055'32 "E, along said West Line, 235.85 feet; Thence 521017153 11E, along said West Line, 412.93 feet to the Southwest Corner thereof, and a Point on The centerline of Rohret Road; Thence S68042107 11W, along said centerline, 18.85 feet; Thence S67 018'23 "W, along said centerline, 131.42 feet; Thence S67000'50 "W, along said centerline, 52.57 feet; Thence S60 °26159 "W, along said centerline, 88.13 feet; Thence S59056146 11W, along said centerline, 61.62 feet; Thence N29033'01 "W, 306.87 feet; Thence N47044'46 "W, 93.04 feet; Thence N43056'15 "W, 60.00 feet; Thence N46005128 11W, 308.97 feet; Thence 571029139 1W, 50.18 feet Thence N84024145 "W, 101.05 feet; Thence S72043'26 "W, 100.86 feet; Thence 564016155 "W, 147.73 feet; Thence S27001152 "E, 137.16 feet; Thence Southwesterly, 50.00 feet, along a 1351.00 foot radius curve, concave Northwesterly, whose 50.00 foot chord bears S64 °01145 "W, Thence N24054'39 "W, 137.00 feet; Thence 564030109 11W, 112.85 feet; Thence S71000'01 "W, 117.35 feet; Thence 578000156 11W, 223.03 feet; Thence S40013158 11W, 108.48 feet; Thence 550014153 11E, 124.04 feet; Thence Southwesterly, 15.40 feet, along a 180.00 foot radius curve, concave Southeasterly, whose 15.40 foot chord bears S37018102 "W; Thence N55009102 "W, 177.09 feet, to a Point on the West Line of the Southeast Quarter of said Section 13; Thence N01015'57 "E, 1057.65 feet, to the Point of Beginning. Said Tract of land contains 28.19 acres. S & J Development, L.L.P. hereby state that the subdivision as shown on the plat filed with this certificate is made with its free and full consent and agreement. The streets and easements in the subdivision known as Country Club Estates Third Addition are hereby dedicated to the public as provided by Chapter 354 of the Code of Iowa (2009), as amended. -2,1:j (�' Dated this day of � 6o':�jrr , 2009. S & J Development, L.L.P. BV MicKael Speer, Auth ed Agent STATE OF IOWA COUNTY OF JOHNSON ) 61:'F was acknowledged before me on this 2009 by Michael H. Speer, day of as Authorized Agent of 51C CRAif3 N 1MLLIS wA*&'an Number 739433 M7 the Eg4res 2212 P Notary Public in and for said State My commission expires: ��2 CERTIFICATE OF COUNTY AUDITOR Country Club Estates Third Addition, Iowa City, Iowa I, Tom Slockett, the Johnson County Auditor, hereby approve of Country Club Estates Third Addition, Iowa City, Iowa as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: - Commencing at the Center of Section 13, Township 79 North, Range 7 West of the Fifth Principal Meridian; Thence SO1 °15157 "W, along the West line of the Southeast Quarter of said Section 13, a distance of 1445.26 feet to the Point of Beginning; Thence 538 °41118 "E, 417.39 feet; Thence N51- 18142 11E, 125.00 feet; Thence S38 °41'18 "E, 20.00 feet; Thence S51 °15'42 "W, 125.00 feet; Thence 938 °41118 "B, 228.87 feet; Thence S86 °30148 "H, 235.44 feet; Thence N64 °20'21 "E, 90.67 feet; Thence N26 °44'57 "W, 119.76 feet; Thence N21 °19'53 "W, 60.38 feet; Thence N19 °21'48 "W, 137.52 feet; N04 °03146 "W, 245.21 feet, to a point on the Southwesterly projection of the Easterly line of Outlot A of Country Club Bstates First Addition, in accordance with the Plat thereof Recorded in Plat Book 43, at Page 284, of the Records of the Johnson County Recorder's Office; Thence N11 °37'37 "E, along said Southwesterly projection and Easterly line, 207.06 feet; Thence B78 °22123 "H, along the South line of said Country Club Estates First Addition, 120.00 feet; Thence S11 °37137 "W, along said South line, 60.33 feet; Thence S78 °22123 "E, along said South line, 60.00 feet; Thence Northeasterly, 39.34 feet, along said South line on a 25.00 foot radius curve, concave Southeasterly, whose 35.36 foot chord bears N56 °37'24 "E; Thence S78 °22123 "E, along said South line, 45.55 feet; Thence Southeasterly 31.07 feet, along said South line on a 325.00 foot radius curve, concave Northeasterly, whose 31.06 foot chord bears S81 °06143 "E; Thence S03 °20.14 "W, along said South line, 126.16 feet; Thence 880 °32'31 "B, along said South line, 226.92 feet, to the Northwest Corner of Auditor's Parcel 2006047, in accordance with the Plat thereof Recorded in Plat Book 51, at Page 249, of the Records of the Johnson County Recorder's Office; Thence S01 °27129 ^W, along the West line of said Auditor's Parcel 2006047, a distance of 10.15 feet, to the Southwest corner thereof; Thence N81 °43130 "E, along the South line of said Auditor's Parcel 2006047; a distance of 169.98 feet, to the Southeast Corner thereof,'. and a Point an the Westerly line of the Parcel of land conveyed by P, Warranty Deed, as Recorded in Deed Book 1484, at Page 332, of the Records of the Johnson County Recorder's Office; Thence S19 °45'01 "E, along said Westerly Line, 376.00 feet, to the Southern most corner thereof, and a Point on the West Line of Southwest Estates Subdivision Part Two, in accordance with the Plat thereof Recorded in Plat Book 28, at Page 42, of the Records of the Johnson County Recorder's Office; Thence S68 °04147 "W, along said West Line 260.00 feet; Thence S46 °03138'E, along said West Line, 330.10 feet; Thence S53 °55132 "E, along said West Line, 235.85 feet; Thence S21 °17153 "E, along said West Line, 412.93 feet to the Southwest Corner thereof, and a Point on The centerline of Rohret Road; Thence S68 °42.'07 "W, along said centerline, 18.85 feet; Thence S67 °18123 "W, along said centerline, 131.42 feet; Thence S67 °00'50 "W, along said centerline, 52.57 feet; Thence 860 °26'59 "W, along said centerline, 88.13 feet; Thence S59 °56146 "W, along said centerline, 61.62 feet; Thence N29 ^33'01 "W, 306.87 feet; Thence N47 °44146 "W, 93.04 feet; Thence N43 °56'15 "W, 60.00 feet; Thence N46 °05'28 "W, 308.97 feet; Thence S71 °29'39 "W, 50.18 feet Thence N84 °24145 "W, 101.05 feet; Thence S72 °43'26 "W, 100.86 feet; Thence S64 °16155 "W, 147.73 feet; Thence S27001'52 "E, 137.16 feet; Thence Southwesterly, 50.00 feet, along a 1351.00 foot radius curve, concave Northwesterly, whose 50.00 foot chord bears S64001145 "W, Thence N24054'39 "W, 137.00 feet; Thence 864030'09 "W, 112.85 feet; Thence S71 ^00101 "W, 117.35 feet; Thence S78 °00'56 "W, 223.03 feet; Thence 540013'58 "W, 108.48 feet; Thence S50014'53 "E, 124.04 feet; Thence Southwesterly, 15.40 feet, along a 180.00 foot radius curve, concave Southeasterly, whose 15.40 foot chord bears S37018102 "W; Thence N55 °09102 "W, 177.09 feet, to a Point on the West Line of the Southeast Quarter of said Section 13; Thence N01015157 "E, 1057.65 feet, to the Point of Beginning. Said Tract of land contains 28.19 acres. Dated this day of ( G y ti 5 / 2009.' Tom Slockett, Johnson County Audito Y5 CERTIFICATE OF TREASURER Thomas L. Kriz, Treasurer of Johnson County, Iowa, hereby states that the real estate described as: Commencing at the Center of Section 13, Township 79 North, Range 7 West of the Fifth Principal Meridian; Thence S01 °15157 11W, along the West line of the Southeast Quarter of said Section 13, a distance of 1445.26 feet to the Point of Beginning; Thence 838 °41118 "E, 417.39 feet; Thence N51 °18'42 "R, 125.00 feet.; Thence S38 °41'18 "E, 20.00 feet; Thence S51 °15'42 "W, 125.00 feet; Thence S38 °41118^6, 228.87 feet; Thence S86 °30'48 "R, 235.44 feet; Thence N64 °20'21 "E, 90.67 feet; Thence N26 °44'57 "W, 119.76 feet; Thence N21019'53"W, 60.38 feet; Thence N19 °21'48 "W, 137.52 feet; N04 °03146 "W, 245.21 feet, to a point on the Southwesterly projection of the Easterly line of Outlet A of Country Club Estates First Addition, in accordance with the Plat thereof Recorded in Plat Book 43, at Page 284, of the Records of the Johnson County Recorder's Office; Thence EI11 °37137 "E, along said Southwesterly projection and Easterly line, 207.06 feet; Thence S78 "22'23 ?E, along the South line of said Country Club Estates First Addition,. 120.00 feet; Thence 511037'37 "W, along said South line, 60.33 feety Thence S78022123 ^B, along said South line, 60.00 feet; Thence Northeasterly, 39.34 feet, along said South line on a 25.00 foot radius curve, concave Southeasterly, whose 35.36 foot chord bears N56037124 "E; Thence S78022123 "R, along said South line, 45.55 feet; Thence Southeasterly 31.07 feet, along said South line on a 325.00 foot radius curve, concave Northeasterly, whose 31.06 foot chord bears S81006'43 "6; Thence S03 °20114 "W, along said South line, 126.16 feet; Thence S88 °32'31 "E, along said South line, 226.92 feet, to the Northwest Corner -.of Auditor's Parcel 2006047, in accordance with the Plat thereof Recorded in Plat Book 51, at Page 249, of the Records of the Johnson. County Recorder's Office; Thence S01 °27129 "W, along the West line of said Auditor's Parcel 2006047, a distance of 10.15 feet, to the Southwest corner thereof; Thence N81043130 "B, along the South line of'said Auditor's Parcel 2006047, a distance of 169.98 feet, to the Southeast Corner thereof, and a Point an the Westerly line of the Parcel of land conveyed by Warranty Deed, as Recorded in Deed Book 1484, at Page 332, of the Records of the Johnson County Recorder's Office; Thence S19045101 °E, along said Westerly Line, 376.00 feet, to the Southern most corner thereof, and a Point on the West Line of Southwest Estates Subdivision Part Two, in accordance with the Plat thereof Recorded in Plat Book 28, at Page 42, of the Records of the Johnson County Recorder's Office; Thence S68004147 "W, along said West Line 260.00 feet; Thence S460031381H, along said West Line, 330.10 feet; Thence 553055132 "E, along said West Line, 235.85 feet; Thence 821017153"8, along said West Line, 412.93 feet to the Southwest Corner thereof, and a Point on The centerline of Rohret Road; Thence S68042'07 "W, along said centerline, 18.85 feet; Thence S67 °18'23 "W, along said centerline, 131.42 feet; Thence 867 °00150 "W, along said centerline, 52.57 feet; Thence S60 °26'59 °W, along said centerline, 88.13 feet; Thence S59 °56'46 "W, along said centerline, 61.62 feet; Thence N29 °33'01 "W, 306.87 feet; Thence N47 "44'46"W, 93.04 feet; Thence N43 °56'45 "W, 60.00 feet; Thence N46 °05'28 "W, 308.97 feet; Thence S71 °29139 "W,'50.18 feet Thence N84 °24145 "W, 101.05 feet; Thence S72 °43126 "W, 100.86 feet; Thence S64 °16155 "W, 147.73 feet; Thence S27 °01'52 "E, 137.16 feet; Thence Southwesterly, 50.00 feet, along a 1351.00 foot radius curve, concave Northwesterly, whose 50.00 foot chord bears S64- 011'.45 "W, Thence N24 °54'39 "W, 137.00 feet; Thence S64 °30'09 "W, 112.85 feet; Thence S71 °00'01 "W, 117.35 feet, Thence S78 °00'56 "W, 223.03 feet; Thence S40 °13'58 "W, 108.48 feet; Thence S50 °14153 "E, 124.04 feet; Thence Southwesterly, 15.40 feet, along a 180.00 foot radius curve, concave Southeasterly, whose 15.40 foot chord bears S37 018'02 "W; Thence N55 °09'02 "W, 177.09 feet, to a Point on the West Line of the Southeast Quarter of said Section 13; Thence N01015157'E, 1057.65 feet, to the Point of Beginning. Said Tract of land contains 28.19 acres. to be platted as Country Club Estates Third Addition, Iowa City, Iowa is free from all taxes as shown by the records in my office. Dated this 18 day of Ix�-" , 2009. Thomas L. Kriz, Treasurer o Johnson County, Iowa Parcel # 1113481002 Parcel # 1113451003 Parcel # 1113481001 Parcel # 1124126001 O� Prepared by and return to: Craig N. Willis, P.O. Box 143, Iowa City, IA, 52244 (319)337 -9621 SUBDIVIDER AGREEMENT THIS AGREEMENT, made by and between S & J Development, L.L.P., the Owner and Subdivider, hereinafter called the "Subdivider ", and the city of Iowa City, Iowa, a municipal corporation, hereinafter called the "City ". WITNESSETH: SECTION 1. PUBLIC IMPROVEMENTS. In consideration of the City approving the final plat of Country Club Estates Third Addition, Iowa City, Iowa, an Addition to the City of Iowa City, Iowa, the Subdivider agrees, as a covenant running with the land that, except as provided in this Agreement, the City shall not issue any building permit on any lots in said subdivision unless and until sanitary sewers, water mains, storm sewers, tile lines, lift station, force main, certain sidewalks (as described in Section 4 of this agreement) and concrete paving have been installed in the subdivision as required by the City's Subdivision Ordinance, and the terms stated herein, and until said public improvements have been accepted by the City, and subdivision erosion control measures have been installed and approved as required by the City of Iowa City, Iowa, under its ordinances. (The sanitary sewers, water mains, storm sewers, tile lines, lift station, force main, certain sidewalks and concrete paving are hereinafter referred to as "Improvements "). Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall the Subdivider be deemed acting as the City's agent during the original construction and installation of said Improvements. The parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Subdivider, and a lien on the various lots within the subdivision until completion by the Subdivider, and until acceptance by the City, as by law provided. SECTION 2. STORM WATER MANAGEMENT ORDINANCE COMPLIANCE AND COVENANT. In consideration of the City approving the subdivision, the Subdivider agrees as a covenant running with the land that, except as provided in this Agreement, the City need not issue a building permit for any lot in the Subdivision until the Storm Water Detention Facility ( "Facility "), including the site work incident thereto, located on Outlets "A" and "C ", as more particularly located on the Subdivision Plat filed herewith has been installed and either released or accepted by the City. Subdivider agrees that the duty to maintain the Facility shall remain on the Subdivider, the present owner of the Facility, and Subdivider's successors and assigns in interest, including a non - profit owners association formed for that purpose. Said maintenance shall comply with the City's Storm Water Management Ordinance. Said maintenance shall also comply with the requirements of the United States Army Corps of Engineers permit number CEMVR -OD -P- 2006 -1210, a copy of which is attached. The parties agree that the Stormwater Detention Facility located within Country Club Estates Third Addition shall serve a large portion of Country Club Estates First Addition and a small portion of Country Club Estates Second Addition, as the same have been previously platted, and future subdivisions Country Club Estates Fourth through Eighth, inclusive. SECTION 3. CONSTRUCTION OF IMPROVEMENTS All Improvements described in Section 1 of this Agreement shall be constructed and installed by the Subdivider according to the plans and specifications approved by the City Engineer of the City of Iowa City, Iowa, who shall have the right to make occasional inspection of the work in progress. Such inspections shall not relieve or release the Subdivider from their responsibility to construct said improvements pursuant to the approved plans and specifications. Further, said inspections shall not create a duty or obligation on the part of the City to insure or certify that said improvements are constructed in conformance with said plans and specifications. - 2 - As Subdivider is constructing Lake Shore Drive to collector street standards rather than local street standards, the City agrees to reimburse the Subdivider for the reasonable "overwidth" costs associated with increasing the paving width of Lake Shore Drive from 28' to 31'. Subdivider shall install the paving improvements for that portion of Rohret Road adjacent to Lot 1, west through the Lake Shore Drive intersection (approximately 230 linear feet). The remaining portion of the Rohret Road paving improvements adjacent to Lot 38 need not be completed with the development of Country Club Estates, Third Addition, but Subdivider shall provide payment to the City in an amount determined by the City Engineer to be sufficient for such improvements. This payment shall be in satisfaction of the requirement imposed on the Subdivider to improve the portion of Rohret Road adjacent to Lot 38 pursuant to the Conditional Zoning Agreement, Paragraph 3a, dated May 5, 2009, and recorded at Book 4435, Pages 217- 225 in the records of the Johnson County Recorded. Said payment shall be refunded to Subdivider, without interest, in the event that Subdivider installs the paving improvements for this approximate 125 linear feet of Rohret Road adjacent to Lot 38 at such time as subsequent Additions to Country Club Estates are developed. The cost of such paving shall be the obligation of the Subdivider and shall be provided to the City prior to the issuance of any building permit. SECTION 4. SIDEWALKS. The Subdivider agrees that it will install sidewalks abutting each of the lots in said subdivision. Said sidewalks shall vary in width from four to five to eight feet according to plans and specifications approved by the City Engineer of the City of Iowa City, Iowa. The sidewalks shall be installed in the subdivision covered by this Agreement as required by Section 15 -3 -3, Iowa City Code of Ordinances, and shall remain a lien on each abutting lot until installed and released by the City, and the Release duly recorded in the Johnson County Recorder's Office. The sidewalks adjacent to Outlets A and C shall be constructed at the time Lake Shore Drive is extended along said outlots. - 3 - d'/ The owner of Lot 1 is required to install a sidewalk eight (8) feet in width adjacent to Rohret Road when Lot 1 is developed. The City shall reimburse the owner for three (3) feet of the eight (8) foot width. SECTION 5. BUILDING PERMIT AND ESCROW MONIES. In the event the Subdivider should desire a building permit on any lot is said subdivision before the Improvements and Facility have been installed, the Subdivider shall deposit with the City Clerk in escrow an amount equal to the estimated cost of said Improvements and Facility plus ten percent (100) thereof as determined by the City Engineer's Office of the City of Iowa City, Iowa (hereinafter the "Improvements Escrow "). In addition to the Improvements Escrow, if Subdivision Erosion Control measures have not been installed, with ground cover established by growth, the City may require, as a condition to the issuance of the first building permit for construction within the subdivision, that the Subdivider deposit in escrow with the City the sum of $2,000.00 (the "Erosion Clean -Up Escrow ") to assure reimbursement for the cost of cleaning public streets, storm sewers, gutters or catch basins, which may be incurred by the City as a result of erosion from any lot in the Subdivision. The Subdivider shall be responsible for the cost of any such clean -up after and to the extent that the Subdivider fails to accomplish erosion clean -up after reasonable notice from the City, the City is hereby authorized, but not obligated, to do the work and to charge the cost thereof to the Erosion Clean -up Escrow, if adequate, and to charge any excess costs to the Subdivider. If the Erosion Clean -Up Escrow is insufficient to pay the costs incurred by the City, the Subdivider shall promptly reimburse the City for the excess costs incurred. The unused balance of the Erosion Clean -up Escrow shall be returned to the Subdivider after erosion control measures have been installed, and ground cover has been established by growth. - 4 - After the Erosion Clean -up and Improvements Escrows have been established, the building inspector of the City authorized to issue a building permit if the applicant is in compliance with all other applicable requirements and ordinances of the City. SECTION 6. OCCUPANCY PERMIT. Prior to the issuance of an occupancy permit for any building erected pursuant to Section 5, the City, in its discretion, may require the Subdivider to construct and install the Improvements, Facility, and sidewalks as required by this Agreement. SECTION 7. USE OF ESCROW MONIES FOR IMPROVEMENTS. If, after the issuance of an occupancy permit, the Improvements and Facility have not been constructed and installed, the City may use any funds deposited in the Improvements Escrow to construct and install the improvements and Facility. If the cost of construction and installing of said Improvements and Facility exceeds the amount of said escrow, the City shall have a lien and charge against all the lots in the subdivision for the balance of the costs. The City shall refund to the Subdivider or depositor any Improvements Escrow monies not used by the City for the construction and installation of the Improvements and Facility. SECTION 8. WAIVER. If Subdivider sells or conveys lots in said subdivision without constructing or installing the Improvements and Facility: or the Subdivider fails to construct sidewalks required in Section 4 hereof, the City shall have the right to install and construct said Improvements, Facility or sidewalks. Subdivider acknowledges and agrees that all lots in the subdivision are specifically benefited by the Improvements and Facility, so that the cost of the installation shall be a lien and charge against all of the lots in the subdivision under the provisions of Chapter 384 of the 2007 Code of Iowa, as amended. The cost of Improvements and Facility need not meet the requirements of notice, benefit or value as provided by the law of the - 5 - `0 State of Iowa for assessing such Improvements and Facility. The cost of installing the sidewalks shall be a lien and charge only against the lot or lots abutting or in front of which sidewalks are installed. It is further provided that this requirement to construct the Improvements, Facility, or sidewalks is and shall remain a lien against the lots in the subdivision from the date of execution of thi: Agreement until properly released, as hereinafter provided. SECTION 9. RELEASE. The City agrees that when the Improvements and Facility have been installed to the satisfaction of the City, it will upon request promptly issue to the Subdivider, for recording in the office of the County Recorder of Johnson County, Iowa, good and sufficient release to the lots in said subdivision so that this Agreement will not constitute a cloud upon the title of the lots in said subdivision. A separate sidewalk lien release shall be issued where appropriate. The City Manager or designee is hereby authorized to execute the releases required by this section with the concurrence of the City Engineer and City Attorney, and to execute one or more limited release agreements based on the use of escrows as contemplated in Section 5 above. SECTON 10. STORMWATER CONTROL FACILITY RELEASE. With respect to Subdivider's obligation to construct the Stormwater Control Facility, the City agrees to provide a partial release for the development from any liens or clouds on title to the development by reason of such stormwater management obligations, provided the City Engineer certifies the following conditions and /or events have occurred: 1. The Facility has been substantially completed on that portion of the development to be released. 2. An escrow account has been established with the City in an amount not less than $15,000.00 to which the City's lien should attach immediately upon execution or recording of the partial Release. - 6 - 3. Ground cover is established and mowable so that the upland area is stable and surface erosion is mitigated. The City agrees to issue a total Release for the Facility upon certification by the City Engineer, in writing, that all of the following events and /conditions have been satisfactorily completed: 1. Permanent ground cover is established and mowable. 2. Erosion and sedimentation are controlled in conformance with the approved plans and specifications. 3. All land within the tributary area in the Development has been developed. 4. The Facility is complete. The Mayor is hereby authorized to execute all Releases provided for in this Section, with the concurrence of the City Engineer and the City Attorney. SECTION 11. STREET MAINTENANCE. The Subdivider agrees that the public services, including but not limited to street maintenance, traffic control, snow removal and rubbish and trash collection, need not be extended to any part in said subdivision until the pavement is installed and accepted by the City. ION 12. STREET ACCESS RESTRICTIONS. Lots 9, 17, 28 and 29 shall have vehicular access to Dunley Court only and not to Lake Shore Drive. Lots 34 and 35 shall have vehicular access to Tumbleweed Terrace only and not to Lake Shore Drive. Lot 20 shall have vehicular access to Country Club Drive only, and not to Lake Shore Drive. Lots 1 and 38 shall have vehicular access to Lake Shore Drive only, and not to Rohret Road. - 7 - 99� SECTION 13. NEIGHBORHOOD OPEN SPACE. The City's Neighborhood Open Space Ordinance requires the dedication of 0.61 acres of property, or the payment of a fee in lieu thereof, in connection with this subdivision. It is agreed that said requirement shall be met upon development of the Country Club Estate, Fifth Addition, according to the currently approved Preliminary Plat thereof. The location and legal description of the Subdivider's adjacent property is noted on Exhibit A. This obligation shall bind the successors and assigns of all of parties hereto, and shall apply to and run with the land and with the title to Subdivider's adjacent land in accordance with a declaration of restrictive covenant executed and recorded contemporaneously with this agreement. SECTION 14. SUCCESSORS AND ASSIGNS. The provisions of this Agreement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto and all covenants shall be deemed to apply to and run with the land and with title to the land. SECTION 15. SUB - DRAINAGE SYSTEM. Basements are permitted to be constructed on all lots in this subdivision. However, basements or dwellings constructed on all lots are subject to the following conditions and restrictions: Basements shall be equipped with a sump pump and adequate foundation tile with discharge into the subsurface drainage system located adjacent to Lake Shore Drive, Dunley Court, Tumbleweed Terrace and Rohret Road. Proper installation of the sump pump and foundation tile shall be the sole responsibility of the subdivider and /or contractor, and the City shall not be responsible for inspecting the installation of the sump pump and foundation tile. Discharge of the roof drains and downspouts of dwellings into the subsurface drainage system is prohibited. To ensure compliance with these provisions, the property owner's registered engineer shall certify the following: 1. There is no discharge of roof drains and downspouts of dwellings into the subsurface drainage system; and - a - ,y� 2. The foundation tile and sump pump have been properly installed to said subsurface drainage system located adjacent to Lake Shore Drive, Dunley Court, Tumbleweed Terrace and Rohret Road. SECTION 16. EFFECT OF PLAT NOTES. Plat notes and surveyors 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 17. ALL UTILITIES TO BE The Subdivider agrees that all electrical, telephone, and cable television service distribution lines installed in this subdivision shall be installed underground. SECTION 18. LONG TERM MAINTENANCE OF PRIVATE OPEN SPACES. The Subdivider acknowledges that Section 14 -3A -4J of the Iowa City Zoning Code requires the articulation of a maintenance plan for Private Shared Open Space areas of the subdivision, specifically Outlots A and C as shown on the subdivision plat, together with the 100 foot buffer shown on the Sensitive Areas Development Plan which areas are to be maintained as Wetland Areas, as provided in this agreement. The obligation to perform the maintain shall pass to the homeowners association in existence for the area, Country Club Estates Homeowners Association, an Iowa non - profit corporation, which association shall have, in perpetuity, the obligation to perform the - 9 - maintenance obligations described in this section, assessing the costs of such maintenance to the owners of all of the lots having membership in the Association in the manner provided in the Articles of Incorporation and Bylaws of the Association. The maintenance of Outlots A and C, and 100 foot buffer area shall conform in all respects to the requirements of The United States Army Corps of Engineers in granting the existing Wetlands permit. During the initial period of monitoring the status of the Wetlands by the Corps, the Subdivider shall have the duty to correct any conditions found unsatisfactory by the Corps. At the conclusion of the initial period of monitoring the status of the Wetland, the Subdivider, or its successor, the Association, shall inspect the Wetlands at intervals no less frequently than three times per year during the growing season, for the presence of invasive and noxious weeds (as the same are listed on the USDA list attached hereto), and shall cause to be removed, at its expense any species found. Further, the Subdivider, or its successor, the Association, shall inspect the stormwater forebays adjacent to the wetland at intervals no less frequent than annually. If the sediment in the overflow structure has reached a level of 3 inches below the elevation, or less, of the overflow structure, the Subdivider, or its successor, the Association, at its expense, shall cause the sediment to be removed from the forebays. If the Subdivider or its successor the Association fails to perform any of the duties described in this Section, the City may, but is not required to, cause to be perform the omitted duties, and assess the cost thereof to the Subdivider or the Association, or to the individual lot owners within all of the subdivisions within Country Club Estate in the manner provide for assessing costs of required weed removal or snow removal. All inspections called for in this Section shall be performed by an expert in wetlands sciences and compensatory mitigation. In addition to the monitoring for invasive species and siltation, the expert in wetlands science and compensatory mitigation engaged by the Subdivider or Association, the expert shall monitor for any other condition which would jeopardize the operation of the regulated area as a functioning Wetland according to the best practices in Wetland management as are established, from time to time, by the relevant -- 10 - professional associations. The expert shall prepare, for submission to the City on an annual basis a report including (1) Data on plant species diversity and the extent of plant cover established; (2) Wildlife presence; (3) Data on water regimes, water chemistry, soil conditions and ground and surface water interactions; and (4) Proposed alterations or corrective measures to address deficiencies identified in the wetland, such as a failure to establish a vegetative cover or the presence of invasive or foreign species. Outlots A and C shall be held in perpetuity for the benefit of the owners of the various parts of Country Club estates, and may not be sold to any individual or organization except for the express purpose of preserving and maintaining the wetland and its buffers. SECTION 19. WATER MAIN EXTENSION FEE. The subdivider agrees that no building permit will be issued for any lot in Country Club Estates Third Addition until the Subdivider has paid to the City a water main extension fee of $11,135.05 (28.19 acres @ $395 per acre). SECTION 20. MINIMUM LOW OPENINGS. Certain lots located in County Club Estates Third Addition have restrictive Minimum Low Opening (MLO) elevations, as noted on the final plat. Those lots and the respective MLO elevations are: LOT MLO 8 749.2 9 749.2 29 739.9 30 739.9 31 739.9 35 775.2 - 11 - P DATED this 11b day of 2009. S & J Development, L.L.P. B Michael H. Speer, Authorized Agent STATE OF IOWA ) SS: COUNTY OF JOHNSON ) is document �v acknowledged before me on this 18 day of 2009 by Michael H. Speer, as Authorized Agent of S J Development, L.L.P. Nota37y Nul6lic in and for My com ssion expires: State CRAIG N W "" C0MM*W W Nun6u 739133 My M ffJ8W n�E' res - 12 - -P CITY OF IOWA CITY, IOWA ATTEST: Ma °{an K. Karr, City Clerk CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this Z` day of � �2009, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey 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 Regenia D, Bailey and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of said municipal corporation, by it and them voluntarily executed. Notary Public in and for the State of Iowa P EXHIBIT A SUBDIVIDER'S ADJACENT UNPLATTED PROPERTY COUNTRY CLUB ESTATES THIRD ADDITION Commencing at the southeast corner of Section 13, Township 79 North, Range 7 West of the 5th P.M.; thence N0053'42 "E, 374.89 feet to the centerline of a county road, also being the point of beginning; thence southwesterly on the centerline of said county road 138.98 feet on a 1910.00 foot radius curve concave southeasterly; thence S68 017'49 "W, 812.69 feet on said centerline; thence S66 054'25 "W, 78.5 feet on said centerline; thence S89 048143 "W, 1692.69 feet on the south line of Section 13 to the south quarter corner of said Section 13; thence NO-56'50"E, 2634.03 feet on the west line of the southeast quarter of Section 13 to the center of said Section 13; thence N89 °40115 "E, 2642.75 feet on the north line of the southeast quarter of Section 13 to the east quarter corner of said Section 13; thence S0053'42 "W, 2265.59 feet on the east line of said Section 13 to the point of beginning. Excepting therefrom the following: Commencing at the southeast corner of Section 13, Township 79 North, Range 7 West of the 5th P.M.; thence NO-53'42"E, 374.89 feet along the east line of said Section 13 to the centerline of a County Road; thence southwesterly along the centerline of said County Road 138.98 feet on a 1910.00 foot radius curve concave southeasterly (which chord bears S70 022153 "W, 138.95 feet); thence S68 017'49 "W, 525.08 feet along said centerline to the point of beginning; thence S68 017149 "W, 174.06 feet along said centerline; thence NO1 037'49 "E, 343.91 feet; thence S88 047'06 "E, 158.02 feet; thence S1 015'14 "W, 276.12 feet to the point of beginning. Also excepting Southwest Estates Subdivision, Parts One, Two, Three, Four, Five and Six according to the plats thereof recorded at the following respective locations: Book 26, Page 52; Book 28, Page 42; Book 30, Page 274; Book 30, Page 75; Book 33, Page 223; and Book 34, Page 227, all in the Plat Records of Johnson County, Iowa. Also excepting beginning at the Northwesterly corner of Lot 11, of Southwest Estates Subdivision, Part Two, to Iowa City, Johnson County, Iowa, in accordance with the Plat thereof Recorded in Plat Book 28, at Page 42, of the Records, of the Johnson County Recorders Office; Thence S06 037'04 "W (A Recorded Bearing) along the Westerly Line of said Lot 11, 480.92 feet, to the Southwesterly Corner thereof; Thence N20 009'19 "W, 426.00 feet; Thence Northeasterly, 67.94 feet, along a 50.00 foot radius curve, concave Northwesterly, whose 62.83 foot chord bears N30055'09E; Thence N81 059'37 "E, 171.60 feet, to the Point of Beginning. 9' Also excepting Country Club Estates First Addition, according to the plat thereof recorded in Book 41, Page 6, Plat Records of Johnson County, Iowa. Also excepting Auditor's Parcel 2002031 according the Plat of Survey recorded in Book 45, Page 53, Plat Records of Johnson County, Iowa; and further excepting Auditor's Parcel 2006047 according the Plat of Survey recorded in Book 51, Page 249, Plat Records of Johnson County, Iowa; and further excepting Country Club Estates Second Addition, according to the plat thereof recorded in Book 49, Page 270, Plat Records of Johnson County, Iowa and further excepting Country Club Estates Third Addition, according to the plat submitted herewith. ��J MAY -29 -2009 FRI 09;39 AM REGULATORY BRANCH FAX NO, 13097945190 P. 02 @ DEPARTMENT OF THE ARMY ROCK ISLAND DISTRICT, CORPS OF ENGINEERS CLOCK TOWER BUILDING • P.O. BOX 2004 ROCK ISLAND, ILLINOIS 01204 -2004 "my" nrrAMM10F hHp:lhwrx•mvr•uwca.am,y.m1 May 29, 2009 Operations Division SUBJECT: CBMVR -OD -P- 20061210 Mr. Ron Amelon MMS Consultants, Inc. 1917 South Gilbert Street Iowa City, Iowa 52240 Dear Mr. Anolon; Enclosed is S and J Development's Department of the Army permit (in duplicate) which will authorize work it, conjunction with the construction of a storm water detention facility and road crossing in an adjacent wetland to an unnamed tributary in Iowa City, Jolurson County, Iowa. If the permit is acceptable to you, please have a voprosentativo from S and J Development sign and date both copies of the pemit (pago 5). Return both copies of the permit to this office along with a check for $100.00 (made payable to the Rock Island District, Corps of Engineers) at the following addross: District Engineer US Arty Corps of Engineers, Rook Island District ATTV; Regulatory Branch Clock Tower Building Post Office Box 2004 Rock Island, Tlllnois 61204 -2004 The permit will becmne effective when signed by an authorized representative of this office. A copy of the signed permit will be returned to you for your distribution to S and J Development. If you do not accept the terns and conditions of this initial proffored permit, you may decline and request that this initial proffered permit be modified by following procedures outlined in Section I.A. of the attached Notification of Appeals Process. If you decline, howovor, you are not authorized to commence work until you receive the appropriate Department of the Army autlrorization. Your request must be received by the Rook Island District Engineer at the, above address by July 27, 2009. Also enclosed is a preliminary jurisdiction fcryour proposed project. Iti you agree with the determination,•please sign and date the fonn and return a copy to this office, Should you have any questions, please contact me by letter, or telephone me at (309) 794 -5380. Sincerely, Jobn G. Betker project Manager Regulatory Branch Enclosures 4� MAY -29 -2009 FRI 09:39 AM REGULATORY BRANCH FAX NO, 13097945190 P. 03 DEPARTMENT OR THE UIM PERMIT PermitNumber: CEMVR -OD -P- 2006 -1210 Permittee: S and J Development 1157 Flagstaff Street Iowa City, Iowa 52240 Effective Date: Expiration Date: 31 December 2013 Issuing Office: U.S, Army Corps of Engineers, Rock Island District Clock Tower Building - P.O. Box 2004 Rock Island, Illinois 61204 -2004 Section 404 POC: Mr. Mike Spoor Tel: (319) 358 -8730 You are, authorized to perform work in accordance with the terms and conditions specified below. NOTE: The form "you" and its derivatives, as used in this permit, means theperrritteo or any future transferee. The tern "this office" refers to the appropriate district or division office of the Corps of Engineers havhngjurisdiotion over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. Project Description: The pormlttee will construct a storm water detention basin and road crossing in an unnamed tributary to Phebe Creek and an adjacent wetland. The total project will impact approximately 1.1 acres of wetland. To mitigate for wetland impacts approximately 2.1 acres ofwotland will be created, 1.74 acres of wetland will be enhanced, and 7.63 acres of upland buffer will be created around the wetland area, Project location: Adiacent wetland to an unnamed tributary to Phebe Creek in Section 13, Township 79 North, Range 7 West, in Iowa City, Iowa, UTM NAD -83 Tone 15, Northing 4611568, Fasting 651951. In accordance with the plans and drawings attached hereto which are incorporated in and made a part of this permit. Drawings) No. CEMVR -OD -P- 2006.1210 Sheet 1 of 3, location Map Sheot 2 of 3, Plan View Sheet3 of3, Plan View P MAY -29 -2009 FR( 09:39 AM REGULATORY BRANCH FAX NO, 13097945190 P. 04 Permit Conditions: General Conditions: 1, The time limit for completing the work authorized ends on the data specified on page 1. If you find that you need more time to completotho authorized activity, submit your request for a time extension to this office for consideration at least one month bafore that date is reached, 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the perm fitted activity, although you may make a good AM transfer to a third party, in compliance with General Condition 4 below. Should you wish to coast) to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may requirm restoration of the area. 3. If you discover any previously unknown historic or archaeological remains while accomplishing the activity authorized by this penuit, you mast Immediately notify this office of what you have found, We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places, 4. Ifyou sell the property associated with this permit, you must obtain the signature ofthe now owner in the space provided and forward a copy of the permit to this offlco to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified In tho certification as special conditions to this penuit, For your convenience, a copy of the certification is attached if it contains such conditions. (Condition is not applicable for Section 10 Permits.) 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit, Special Conditions: 1. That the 7 general conditions and 8 mitigation conditions listed in the attached Section 401 Water Quality Certification from tire, Iowa Department of Natural Resources dated May 25, 2009, are considered to be part of this permit. 2. That a conservation deed restriction on the entire 11.47 -acre area shall be filed with the county recorder's office or the appropriate entity charged with property records. The permittee shall submit a draft copy of the deed restriction to this office for review and approval within 30 days from the issuance date of this permit. Upon approval by this office, the permittee shall immediately file the deed restriction with the county recorder's office and provide proof of its recording to this district mid the Iowa Department of Natural Resources. The permittee shall seek to automatically renew the deed restriction durhrg year 19 of its existence and shall provide proof of future recordings to this district. The permittee shall continuoto renew the deed restriction in perpetuity. 3. Appropriate erosion control measures shall be maintained throughout the construction of the project, Any ground that is disturbed by construction will be covered with riprap, protected utilizing other blo- engineering methods, or will be seeded within 14 days after final grading, MAY -29 -2009 FRI 09;39 AM REGULATORY BRANCH FAX NO, 13097945190 P. 05 4. Mitigation: The mitigation plan for this project includes rite construction 2.1 acres of wetland, 1.74 acres of wetland enhancement, and 7.63 acres of upland buffer. A summary of the mitigation and the performance measures for the mitigation plan is as follows: Type: Wetland Creation (acres) Wetland Enhancement (acres) Upland Buffer preservation (total acres) Construct 2.1 1.73 7.63 Plant 2.1 1.73 7.63 Establislunene 2.1 7.63 Preserve 11.47 T TAL l 2.1 1.73 7.63 11.47 information in the permittees' application is superseded by any permit conditions or written specifications provided by the Corps of Engineers. Mitigation shall be completed concurrent with project activities, If excavation and construction are completed outside an optimal seeding period, temporary erosion control protection shall be implemented immediately upon completion of excavation and construction and shall be maintained until such time as plantings can be completed during an optimal period. The permanent wetland plantings shall then be completed during the next optimal seeding period, 5. The permittee shall conduct an annual survey of the mitigation area to monitor the survival rate of the plantings, and soil and hydrology conditions at the site. The results of the survey will be documented annan(ly on the enclosed Reek Island District Standard Mitigation Reporting Form nlso available at: hCtp : / /www2 . ntvr , usace . army , mi 1 /t�equlatory/ or in an annual progross report as specified in These annual reports are due no later than August 31 of each year for the 5-year period. All an reports shall be formatted for an 8.5 x 11 inch piece of paper. 6. That all seeding mixes shall utilize only native annual and /or perennial species. The permittces shall insure the following ratios for establishment of each habitat type in the seed mixes and for subsequent supplemental seeding: emergent wetland- a minimtmm of 15 native perennial species; wet prairie fringe zones around emergent wetland• a minimum of 35 native perennial species; upland buffer nrea- a minimum of 25 native perennial forbs and 5 native perennial grass species. All seeding mix species lists shall be submitted to this office for approval prior to planting, 7. That the permittee shall achieve the following vegetative performance standards for all planted mitigation areas and the upland buffer; a), native annual vegetation will be at least 50% coverage using absolute or relativo cover measurements; native biennial or annual vegetation will be, 20% to 30% of absolute or relative cover measurements; non - native invasive vegetation will be less thnn 10% using absolute or relative eovor measurements. These standards will be monitored each year and achieved fiom year 2 to year 5 of the monitoring period, 8; That the permittee (in a timely manner) will perform any corrective measures and monitoring deemed necessary by the District Engineer to insure the success of the project (including mitigation). The permittee will assume all liability for accomplishing this corrective work. The corrective actions may include Stich modifications to the mitigation site as re- grading, replanting, additional erosion control, etc. The permittee must accomplish corrective measures involving re- grading or erasion control within 60 days from the date that they are notified of a need. Deadlines for corrective measures Involving re- planting will be determined based on best planting dates. Corrective action may also involve additional monitoring to insure success. 9. That the attached wetland mitigation plan entitled "Wetland Mitigation Plan Country Club Estates 3rd, 4th,, Sth, 6th, and 7th Additions, Iowa City, Johnson County, Iowa ", dated November 2008, is considered part of this permit. The permittee shall complete the wotland mitigation plan within one year from the initiation of filling activities In any wetlands, The pennittee slmall notify this office in writing upon P MAY -29 -2009 FRI 09,40 AM REGULATORY BRANCH FAX NO, 13097945190 P. 06 initiation of construction activities and shall notify this office in writing upon completion of the wetland mitigation plan. 10. Your responsibility to complete the required compensatory mitigation will not be considered fulfilled until you have demonstrated mitigation success,and have received written verification from the U.S. Army Corps of Engineer's, Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above Pursuant to: ( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). (X) Section 404 of the Clean Water Act (33 U,S,C. 1344). O Section 103 of the Marine Protection, Research and Sanctuaries Act of 1.972 (33 U.S.C. 1413). 2, Limits of this authorization, a, This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law, b. This perm it does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d, This permit does not authorize interference with any existing or proposed Federal project. 3. Lim its of Federal Liability, Tit issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or mrpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or tkture activities undertaken by or on behalf of the United States in the public interest, c. Damages to persons, property, orto other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the pennitted work, e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation ofPormit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant, Circumstances that could require a reevaluation include, but are not limited to, the following: tl5/20/2009 10:58 FAX 5633324060 Dial Quad Cities U001 May. 29. 20098110,28AWO AM REGULATORY ERANOH FAX N0, 1309794519A.4711 P, 1/107 a. You fall to comply with the tome and conditions of this petmlt. b. no Information provided by you In support of your permit application, proves to have been false, incomplete, or Inaccurate (See 4 above). e. Sign Meant new fnfbrmation surfaces which this offeco did not consider in reacbiog the original public Interest decision; Such a reevaluation may result un a determination that it is appropriate to use the auaponsion, madi$eaffon, and rovooation procedures contained in 33 CFK325,7 or enfotrmnicAt procedures such os illoso tontainod in 33 CYR 326.4 and 326.5, no referonced enforcement procedures provide for the issuance of an administrative order requiring you to eom ply wait rhs terms and conditions of your permit And forthe initiation of legal action wbero appropriate, You will be roqulrod to pay for any wrrrctive measures ordered by this office, and Ifyou fail to comply wtdi such dlrootiva, this bffroe may in contain siatations (9ucb as those spooitied in 33 CFXt 209,170) accomplish the oarreedve measures by oontiaot or otherwise and b111 you for die cost. 6. 15X011sionts. General condition l establishes atitne lirnitfortite Completion of the activity authorized by this ponnit, Tfnloss there are olrounLararnoee requiring either aprompt compledon of [he authorized activity Ora reovaluatlon of the public interest decision, the Corps will normally give favorabieoonsidcration to a regntogt for an oxtewion of this time limb. Yarn signatutc below, as porarittee, brditaters that you accept and agree to comply with tits terms and cond'tNona oftliis po ' ' ennttte Date This issuing officer for title permit is Robert A. Siulder, Colonel, U.S. Array, District Engineer, Rusk Ialand District_ This permit becomes affbotive when the >ae OW official, designated to act for the Secretary of rite Army, and In accardsnoe with CEMV1tr0A-R appointment order 25 March 2000 has signed below. john G. Betker pare Project Manager When the structures or work authorized by this permit aro still in existence at tba time the propa ry is transferred, the teens and conditions of this permit will continuo to be binding; on the new ownor(s) of-rho property. To validato rite tranaAr of this permit andibo aemoiated liabilities associated with compliance with its terms and conditions, have the troneforoo sign and date below. I}ans£aroo Date a' IIAY- 29--2009 FRI 08!40 AM REGULATORY BRANCH PAX N0, 13097945190 P. 08 MMS CONSULTANTS, INC, 1917 South Gilbert Street Iowa City, IA 52240 MMS Project #: 4179 -011 CI;MV 12- OD -1?- 20061210 Location Map Sheet 1 of 3 rigure 1 Country Club Estates (3rd -VII) USGS topographical map Johnson County, IA 'J' 1 MAY -29 -2009 FRI 09,41 AM REGULATORY BRANCH C� O GC w z O cn Dealoned by, MFD Seale; 9'=400 F' G; tl � �r E �•s G� Drown by, note: PROJECT OVERVIEW MFD Oal18f00 �^^+. (�.�n'�190 WAR MM IO Chocked DY Plolool No, MFD 417&011 A cI1Y JOHNSON COUNTY, IOWA FAX NO, 13097945190 P, 09 LOTS PROPERTY LIMITS C1✓MVR -O D -P- 2006 -1210 Plan View Sheet 2 of 3 PROJECT AREA - 80 ACRES NIDISWNSULTANTS,ING. Dolo ) Reyialon IOWA CITY, IOWA (310) 351tM2 CEDAR RAPIDS, IOWA f310) 84145118a www.mmumnauhanln,no MAY -29 -2009 FRI 09;41 AM REGULATORY BRANCH 06/26/2009 11;39 PAX Madt CHESTER J. CULVER, GOVERNOR PATTY JUDGE. I.T, GOVERNOR May 26, 2009 FAX N0, 13097945190 P, 11 U onov0004 STATE OF 10WIA OBPARYAIBNT OF NATURAL RBSOURCRS RICHARD A.I.EOPOLD,D1REcF9R . I Mr. Mike Speer S and J Development 1167 Flagstaff street Iowa City, IA 62240 Dear Me. Speer: After reviewing your request for State 401 Water Quality Certification, the Iowa Department of Natural Resources has issued the anelosed Certification. Please read the attached conditions carefully before beginning work on the project, A copy of this Certification has been forwarded to the offica of the Army Corps of Engineers as indicated below. You are advised to contact that office upon recoipt of this eestifieallon. If you have any questions or oonurents about the certification or any conditions contained therein, please contact me. at the address shown below or call (6 10) 2811 -6616. Sincerely, • Christine M, Schwak6 Environmental Specialist Attaohmnent •• cc: ✓Mr, John Betkcr, Department of the Army Corps of inears, Rook Island District, Clock Tower ing • . Build, P.O. Box 2004, Hock Island, IL 61204 -200�F Mr. Mike Barker, MMS Consultants, Inc., 1917 South Gilbert Street, Iowa City, JA 02240 Poat -tt Fax Note 7671 oeu 3 ./,RP#49"* T" okn ' c Se %�cke oo.toapp Phm 3SO Phono 51.5- v f� �° 301ylq 51 """ spr a 8t 8R WALLACE STATE OFMCS SUILDINO / DES MOINES, IOWA 50319 515.281 -5918 TTY800.735-2942 PAXSIS•281.6794 www•6TATE.lA.U3 /DNR MAY -29 -2009 FRI 09:42 AM REGULATORY BRANCH 06/20/2000 11:30 FAX FAX NO, 13097945190 P. 12 Q00.0z %0004 IOWA DEPARTM>:N1' OF N'AT'URAL 1USOMP,S AMENDED SEMON 401 WATER QUALITY CERTIFICATION Certification issued to: Effective: May 26, 2009 S and,l Development, 1187 Flagstaff Street, Iowa City, lA 82240 Project certified: Us Army Corps of E neers, omt PabI(o Notice No, CEMVR -OD -P- 2006 -1210 State 401 Water Qualify Co�ficafion, Application Log No.: 06 -l- SOS- OS- 12 -S -S Proposal to construct a storm water detention basin and road orossing In a tributary to Phebo Create and' an' adjacent Welland (Si 8, T79N) R7W,Johnson Co.). The purpose of the protect is to construct a residential. subdivision with an associated storm water management basin. The project will impact approximatcl1tyo -66 acre of wetland, To mitigate for wetland impacts, approximdlely 2.10 acres of wetland will be oreated,1,74 acres of wetland will be enhanced, and 7.65 acres of upland buffer will be created around the wetland arcs, . Water quality we designation: This reach of the Iowa River is designated M Class Al Primary contact recreational use. These are waters in which recreational or other uses may result in prolonged and direct contact with the water, Involving• considerable risk of ingesting water in quantities sufficiont to pose a health lwa d, This reach of the 16WA River is also deslgnaied as Class D(WW -f). which are waters in which tomparahrre, flow and other habitat. oharaoteristics are suitable to maintain warm water game fish populations along with a resident aquatic community that includes a variety of native nongame fish and invertebrate species. This reach of the Iowa River is also designated as Class HH, human health, which are waters in which flsh are routinely harvested for human consumption or waters both designated as a drinking water supply and in which fish are routinely harvested for human consumption, All surface waters in Iowa, including wetlands and those designated for Class A, 13, and /or C are classified for the following general uses; livestock & Wildlife watering non(antaot recreation, crop irrigation, and industrial, agdoultnral, domesffe, and otherinoldental witldmwa{ uses. ; The Iowa Department of Natural Resources (IDIJR) has Issued this State 407 Water Quality C011MA IOn pursuant to Section 401 of the Clean Water Act, The Army Corps of Engineers (Corps) requires state Certification before a Section 404 permit can be Issued. Section 401 Certification represents the MNP.'s 0011011 1100 that the project certified Is consistent with the water Quality Siandards of the state of lows as set forth in Chapter 61, Iowa Administrative Code, Subject to the attached conditions, incorporated by referenoe herein, the IDNR has determined that there is reasonable assurance the proposed activities will be conducted in a manner that will not violate water quality standards of the state of Iowa. Prepared BF. 1 t � . �C lu�a ti e� Date Executed: y ted: M 26, 2009 Christine M. Sehwake, ID R, • Wallace state Mo OVIlding, Des Moves, IA 60319 -0034 (618) 281 -6016 STATE OF IOWA I nEARV CEMFY I LAWFUL CUSTODIAN Or THE MLIC IOCUMENI 15 A MUE AND ACCURAYE W OF . IN MY MAY -29 -2009 FRI 09:42 AM REGULATORY BRANCH FAX N0, 13097945190 P, 13 0§ /26/2000 11:98 VAX @I00e3 %0004 CENERAI CONDMONS I, Yermitteo is responsible for securing and for compliance with such other permits or approvals ns mny be required by tha IANI, federal, state, or local governmental agencies for the project activates described. 2. You arc encouraged to conduct your construction activities during a period of low flow. S. Clearing of vegetation, including trees located In or immediately adjacent to waters of the state, shaft be limited to that whioh is absolutely necessary for construction of the project. All vegetative clearing material shall be removed to an upland, non- wotland disposal site. 4. All construction debris shall be disposed of on land in such a manner that it cannot enter a waterway or well and. Construction equipment, activities, and materials shall be kept out of the water to, the maximum extent possible, 'Equipment for handling and conveying materials during construction' shall be operated to prevent dumping or spilling the material into watorbodies, streams or wetlands except as approved herein. Care shall be taken to prevent any pstroleum produofs, ohomicals, or other deleterious materials from entering watarbodles, streams or wetlands, 13. Erosion control features (i.e., silt fences, silt dltches, silt dikes, silt basins, elo.) must be fnstalfed to provide continuous erosion control throughout the construction and post construction period as well as the revegetation of all disturbed areas upon project completion. Whets siltation control features have been reduced in capacity by 60% or Moro, the features shall be restored to their original condition with a minimum of delay. 6, All disturbed areas not coveted with riprap shall be seeded with native grasses, excluding •Reed Cnna+ygrass (Phalarisarunrllnucra) or any aggressive or invnsive species, during an optimal scadiftg Period, If oxoavation and construction are completed outside an optimal $eeding period, temporary erosion control protection shall be implemented fmmedintely upon completion of excavation and construction and shall be maintained until such time as seeding can be completed during an optimal period. The applicant shall monitor revegetated areas continuously to assure success of reveget� n. If rye is Initially planted to stabilize the soil then native warm season grasses shall be planted during the following growing season, 7. Rlprap shall consist of clean native fieldstone, clean quarry xun rock or clean broken concrete, •Jf broken concrete is used all reinforcement material shall be completely removed from it; ff renorW is not possible, said reinforcement material shall be out flush with the flat surface of the concrete, It sh411 be the applicaufs responsibility to maintain the riprap such that any reinforcement material that becomes exposed in tha fniurs•is removed, The concrete pieces shall bo appropriately gmded and no piece shall be larger than 3 feet across the longest flat surface. No asphalt or petroleum based material shall be used as or included in riprnp material. MITIGATION CONDITIONS 1. To mitigate for 0.65 acres of wetland impacts, approxlmatoly, 2.10 norm of wetland will be orogted, 1.74 acres of wetland will be enhanced, and 7.63 acres of upland buffer will Do created around tlto wetland area at the project site. Mitigation shall be completed within one year from the date that the first fill is placed in any wetland. An as -built plan shall be submitted to the IDNR and to the Corps upon completion. The 3.84 -acre replacement wetland shall be monitored annually and managed to confirm whether it has sucoessfally replaced the function and values of the impacted wetlands after a five -year period. If, at the end of the fifW year, the expected water level is not achieved, more than 130 percent of the emergent vegetation are non - native species, or if ovidanco exists that the rc ulacammnt wetland is becoming less offeotive, than additional manitotingand/or corrective actions slw� bo taken to achieve the compensation ratio as originally approved. In addition to the wetland the upland buffer shall also be monitored and discussed in the annual monitoring reports. Annuai monitoring `Yp MAY -29 -2009 FRI 09:42 AM REGULATORY BRANCH FAX NO. 13097945190 P, 14 06/26/2009 11:40 FAX Qi 0004 %0004 reports shall be submitted to the IDNR and to the Corps' office by December 31 for at least five years: following planting. 2. Two 10' x 60' rock checks will be installed on, the upstream part of the ruitigatidn site to help cati:h sediment and slow runoff into the site. Erosion control matthg will be placed on the small wailand . berm to provent wash outs and chaemal formation, 3. Suffer establishment will be considered successful when there is at least 50% aerial coverage of luatide' vegetation in each 100- squara -foot area of buffer. 4. Future development or lard -use conversion of the watiand mitigation area (including the Upland buffer and Z rook checks), or W part thereof, for any purpose which may interfere with 'or bi detrimental to wetland functions, is prohibited without prior written approval from the IDNR and the Corps. &01� rojem co a; aitd approva property owner of record, file a copy of this aarHficatlon in ifs entirety witkt tl1e:county fo entrinto the xecards ion: t of ion, said fampad copy oP fhta aeltiftcafion- 1P fire caxtificaHrnr ca:rnot be filed tit, rho >Ywutter indicafed the applicant eleall provldo the IObNR with docwnenfation of norifs, confsaot3, w@ detnonstrating to the IDNa's satisthction that the wetland mitigation site w17i ba protected frora Wire activif3es that may interfere with or ba detrimental to wetland huicNona and values to a level of.; assurance equivalent to that provi&d by the aforementioned Sling process, The permiftee ahaU'seek ' to automatioaily renew the deed restrictions in perpetuity and provide proof of the tunewed decd restofation to both the Corps and to the IDNR. 9. 'Me rent' ation concept proposed in file joint application fonn prepared W MMS Consultants NO.'' shall W followed when consir sting the midgodon area. 0. The annual site surveys of the mitigation site shall assess the vegetation, hydrology, and soils, The results of each survey will be documented in an annual monitoring report, Annual monitoring, reports shall be submitted to the WNR and to the Corps by December 31 for At feast five years following planting. Please use the monitorfng report form found on the Corps websita., :/ / o0 onitori orflamalatewh.doc,The reports must Include yhotos, a vegetative cover ma indicating dominant species in each area, an assessment of wetland hydrology according to the 1087 Carps of Engineers Wetland Delineation Manual (Technical Report Y -87 -1) and Midwest Regional Supplement, a map witlr'drawn boundaries,':' indicating exactly what areas are wetland according to the 187 Manual and Midwest Regional ' Supplement and any corrective aotions taken or needed, All maps must be to scale and have the scale plainlylabe�ed, 7. The permittee shall assume all liability for accomplishing any needed oorreotive work. Corrective work will be required if 3.84 acres of omorgont wetland not develop as wetland (according to the 1987 Corps of Engineers Wetland Delineation Manuel (Technical Report Y -87 -1) and Midwest: Regional Supplement) or if the Corps datermines that the mitigation site is not developing sadsfactori[y. Remedial work may include grading and /or planting the mitigation site, or rnay. require a now mitigation site. Corrective action may also require additional monitoring to insure successful wetland restoration on %94 arres. 8. The permittee's responsibility to complete the required compensatory reitigallon will not be considered fulfilled until you have demonstrated mitigation success, provided proof flint the mitigation site (including buffer) Is protected in porpetuffy, and you have received written verification from the U.S. Army Corps of Engineers. 'Y ' MAY -29 -2009 FRI 09:43 AM REGULATORY BRANCH FAX NO, 13097945190 WETLANA MITIGATION PI AN COUNTRY CLUB ESTA,T)I S 3 ", 0, 5 ", 0 & 7T" ADDITIONS IOWA CITY JOHNSON COUNTY, IOWA Prepared For: S & JDavelopment, LLP City of Iowa City The United States Army Corps of Engineers And The Iowa DNR Prepared By: MMS Consultants Inc. 1917 Gilbert Street Iowa City, Iowa 52240 MMS Projeot No. 4179011 July, 2006 Revised November 2008 i i r P, 15 i i h1AY -29 -2009 FR1 09;43 AM REGULATORY BRANCH FAX NO, 13097945190 P, 16 WETLAND MITIGATION PLAN COUNTRY CLUB ESTATES, Pr, 4T, 5H, 61'r, & 71H ADDITIONS IOWA CITY, JOHNSON COUNTY, IOWA I;XECUTME SUMMARY MMS Consultants, Inc, contracted by S & J Development, LLF, delineated wetlands in the southeastern quarter of Section 13, Township 79 North, Range 7 West, Iowa City, Johnson County, Iowa, The site map. in Figure I shows the location of the property and the area investigated for potential wetlands, The property was delineated by Mike Barker of MMS Consultants, Inc, on November 23, 2005. The property features well developed drainage networks and an unnamed USOS blue -tine tributary to Phebe Creek, A total of 2,38 acres of palustdne, emergent, narrow - leaved axz�persistent wetlands were delineated. A separate 0.45 acre area was identified as emergent and wooded wetlaad, however there was a lack of surface connection to the tributary or any other "waters" of tho US. Methodology outlined in the Corps q f A'ngineers Wetland Delineation Manual (January 1987) was used to delineate the wetlands, Five transects ware made across the wetland areas featuring one wotland and two upland sampling points. Sampling data was collected in seleotW points inthe cropland areas as well, Data sheets summarizing these points, site photos, and aerial photos are not included in this report, but can be made available upon request The objective of the project is to create a residential subdivision in the western part of Iowa City, Since the wetland area is associated with the main drainage way, which divides the property, wetland impacts are unavoidable. A total of 0.65 acres of emergent watland will be impacted by road construction crossing the east end of the main drainage way and fill for the fmal borm structure in the storm water managomentlmitigation area (see Mitigation Plan). Also, the 0.45 acre isolated wotland will be impacted from street and lot construction, The remaining construction activities will be designed around the wetland areas, Mitigation for the impacts to wetlands on Country Club L-+states will involve creating 2.10 acres of emergent wetland, 1,74 acres wetland enhanceme4 and 7,63 acres ofuplaad buffer (seo Mitigation Plan). The goal of the mitigation project is to enhance the functions and values that Were lost from impacting the low quality, low diversity drainage way wetland by creating a diverse wetland pleat community that will increase wildlife use and buffer water runoff from the developing community to the downstream resources. SITE DESCRIPTION Soils According to the Soil Survey of Johnson County, Iowa (My, 1977), a variety of soils exist on the Country Club Estates property. In general, the upland soils are silty in nature, while tha wetland soils are loamy with hydrio features. Upland sells include Fayette silty clay loam sloping 14 -18% (163E3), Clinten allt loam sloping 9 -14% (801)3), and Ladoga silt loam sloping 5 -9% (76C2), Soils withhyddo inclusions on the property include Oivin silt loam (75). Hydrio soils on the property include the Colo -Ely complex 2 ' 11AY -29 -2009 FR1 0943 All REGULATORY BRANCH FAX N0. 13097945190 P, 17 (1113). Figure 2 summarizes the location of these soils on the property, Investigation of the soils showed that the wetland areas were located in the area mapped as Colo -Ely complex, a hydric soil. The soil properties of the drainage -way most closely matohed the Ely soil profile, a soil that develops from pedi- sediment at the toe of loess covered slopes, This was fiuti,er evidenced by a March 13, 2006 investigation by Mike Barker and University of Iowa professor of geoscienee Dr, Lon Drake, where a determination of 49 inches of modern (post settlement) sediment exists over original wetland topsoil, The northerly arm of the area mapped as Colo -Ely complex does not feature hydrio soil conditions. The area mapped as Crivin in the north third of the property also does not feature hydric soil conditions. The soil properties of the remaining upland areas reasonably match the soil survey map units, whioh are non- hydric soils. Vegetation The emergent wetland areas of the property are a reed canarygrass (Phalarls arundlnacea) monoculture. The rapid erosion and sedimentation into the drainage -way over the history of row cropping on the site has created an optimal environment for this non - native invasive species, The 0.45 acre non - adjacent wetland contained reed canarygrass, as well as box elder (Ater nsgtmdo). There were no other hydrophytos of significant presence in the main wetland areas. Upland areas are occupied by corn (Zea maize), tall goldenrod (Solldago olHsslma), smooth bromograss (Bromus inennts), Hydrology Due to the droughty period experienced by the area iu the 2005 summer, prhuary wetland hydrology indicators were not observed in 16 inch deep pits at any of the sampling points. Secondary wetland hydrology indicators present that identified areas as wetlands included oxidized root channels in the upper 12 inches, soil survey data, and fire- neutral tests. The blue -line tributary of Phobe Creek that runs east to west across the middle of the property did not contain properties consistent with a stream, Lack of any evident flow channel and solid vegotation presence indicates that no true stream exists. Hydrology of the site has historically undergone some changes. A farm pond, likely constructed in the 1950's, exists just to the east of the property line. Shortly after this limo period, a concrete control structure for the drainage -way was placed at the west end of the property to help control the down - cutting erosion that was occurring. Two file .lines were installed to help lower water table levels and the upstream pond outlet was connected to these tiles. It was likely that a small stream, perhaps intermittent at times, existed In this drainage way prior to these man induced zoanagements. WETLAND IMPACT SUMMARY Excavation and grading for Country Club Estates has been designed to avoid the existing wetland areas. However, a public street linking from Rohrer Road will cross the main and southerly drainage ways and impact the wetlands located there, The design of individual lots wlllprovide a 100 foot buffer between the created and enhanced wetlands and lot boundaries, A 25 foot buffer will be usod for the skinny wetland area that runs 3 r0 MAY -29 -2009 FRI 09:44 AM REGULATORY BRANCH FAX NO. 13097945190 P. 18 along the southeast edge of the property, The construction and grading activity will permanently impact 0.65 acres of emergent wetland, The 0.45 acre wetland, Ron- adjacent to other `waters of the US" will be impacted by street construction. %unotions and values lost from these impacts include groundwater recharge, erosion control, and wildlife habitat;.although, wildlife use is limited primarily to observed upland species like pheasant and deer. MiTXGAMON PLAN Proposed mitigation for the permanent impacts to wetlands will involve constructing a berm on the west side of the property where the main drainage way exits. The upstream portion of the drainage way will be graded to create shallow marsh and wet meadow areas. The bottom of a water control pipe will be placed at an elevation of 733 on the dam structure. This will provide the hydrology required for diverse zones of hydrophytio plants from moist to 1 foot of water. Aar additional berm will be placed up stream of the main wotlaad area to help slow the flow of water though the site. This will also create an emergentwetland area- This design, in addition to the sediment traps around storm water inleta, tries to maximize retention time of water as it flows from one cell to another. This will maximizo the quality of water that enters the largo open portion of the mitigation site. Initial grading activities wiU involve scraping the top 12 -18 inches of topsoil and root mass of reed eanarygrass and placing it in an upland location outside the watershed of the mitigation project, preferably in the south west comer of the property. Excavation of the basin will remove/plug the existing field file to prevent drainage of the new wetlands. Excavation that uncovers the original topsoil layer (49" deep at one point, black olay loam) will re�spread this material over the final grade of the mitigation site. The goal of the wetland mitigation will be to improve the water quality that enters the tributary from the outlet by slowing the flow and removing contaminants, establish distinct hydrologic zones with a diverse wetland plant community, and provide habitat for wetland fauna. The proposed plan will greatly expand the existing limits of the current wetland area, Enhancement of the existing wetland boundaries will not be inundated by more than 1 feet of water on a regular basis. This will create 2.10 acres of emergent wetland and enhance 1.74 acres of emergentwotland, totaling 3,84 acres of wetlandmt the mitigation area. This will provide compensation for the non - adjacent wetland impacts as well. 7.63 acres of adjacent upland areas will be planted as native prairie to prevent erosion into the mitigation area, provide avian nesting and cover habitat, and provide an aesthetic appeal to the site. The functions and values created by the mitigation project include ground water recharge, flood flow alteration and retention, sediment and nutrient removal from runoif, wildlife habitat, and aesthetics, 4 /Ij MAY -29 -2009 FRI 09;44 AM REGULATORY BRANCH FAX N0. 13097945190 P. 19 In order to control sediment flow Into the wetland from storm water, sediment traps will be constructed at all storm water inlets. These traps are not considered wetland mitigation and. arc not included in the mitigaflon acres on the plan, The traps are designed to be oversized. Their location also allows for future sediment clean -outs if needed, espeoially after the initial grading/constiuction period. Rook checks will be used on the upstreampart of the mitigation site as needed to help catch sediment and slownwoff into the site. Reno mattress mvvtment stmotures will be used to stabilize the weirs that outlet each sediment trap. Proposed Vegetation Plan Any disturbed arose wi11 be seeded immediately after final grading with atemporary stabilization mix consisting of Virginia wild rye (z;'lymus virginicus) and agricultural oats. Silt fence, erosion, control blankets and temporary seeding will be used to miniml�e erosion around the newly constructed wetlands until the areas are stabilized with vegetation. The native seed mixes used to establish vegetation will be obtained from Ion Exchange Native Seed Nursery (mmMjonxohange.copk); or an approved equal. Marsh Site mix will be planted below the 733 water level elevation; NVet/Mesfo Site mix will be used from the 733 to 734 elevations and the eahancemont areas east of Lake Shoro Drive; Short Prairie mix will be used on the 100' wetland buffer area. All seed mixes will be planted at a rate of 10 lbs, pis per acre during the spring seeding Period ( typlcally April 1 to June IS) or during the fall dormancy period (typically November 1S to snow cover). Seeds should be planted'' /o - %" deep on a tilled, firm seedbed. All seedings shall be covered with a straw mulch to prevent seed movement' from erosion,' WARRANTY Mier the first year of re- vegetation, an 800/5 survival rate will be expected with the re, graded areas. Survival rate will be evaluated by the U.S. Army Corps of Enginoers. MONTTORMG PLAN The mitigation plan will be monitored, If required by the US, Army Corps of Engineers, for five years after completion of construction, Monitoring will involve four to five site visits during the growing season and an annual report, due to the Core by December 31 for each year of monitoring. Reports will include information on site hydrology, vegetative status, soil descriptions/erosion, and site recommendations, 5: �� I MAY -29 -2009 FRI 09:44 AM REGULATORY BRANCH FAX NO, 13097945100 P, 20 PSFERENCES Chaddo, Steve W. 2002, A Great Lakes Wetland Flora, A Complete Guide to the Aquatic and Wetland Plants of the Upper Midwest. Second Edition. Pocket Flora Press, Laurium, Mlohigan. Cowardin, L.M,, V. Carter, F.C. Golet, E.T. LaRos, 1979. Classification of Wetlands and Deepwater Habitats of the United States, US Government Printing Of oo, ; Washington-D.0, GPO 024.010- 00524.6. 103 pp, Ladd, Douglas M., and Oberle, Frank. 1995. Tallgrass Prairie Wildflowers, A Field Guide, Falcon Publishing Co. Helena, Montana, i Little, Elbert L. 1980. National Audubon Society Field Guido to North American Trees, Eastern Region, Chanticleer Press Inv, Now York. Petrides, GQorge. 1986, A Field Guide to Trees and Shrubs. Houghton Mifflin ! Company. 428 pp. i Runkel, S,T, and Roosa, D.M. 1999. Wildflowers and Other Plants of Iowa Wetlands. i Iowa State University Press. Ames, Iowa, Schermerhorn, E. J. 1979, Soil Survey of Johnson County, Iowa. Soil Conservation j Service, United States Department of Agriculture. i USACOF, 1986. Regulatory Programs of the Corps of Engineers, 33 CFR Parts 320 ` through 330. Fed,lteg.52(7):ll82. 51(219):41206- 41260. i USACOE. 1995. The Highway Methodology Workbook Supplement, Wetland Functions and Values, A Descriptive Approach. US Army Corps of Engineers New England District. 32 pp. NEDEP- 360.1 -30a. USAEWES)Lnvironmental Laboratory, 1987. Corps of Engineers Wetlands Delineation Manual. TechnicglReportY -87 -1. 169pp, i US Department of Agriculture, Natural Resources Conservation Service, 1998. Field f Indicators of Hydrie Sails in the United States, Version 4.0, G.W. Hurt, Whited, i P.M., and Pringle, R.F. (ads.), USDA, MRCS, Ft. Worth, = I 6 NAY -29 -2009 FRI 09:44 All REGULATORY BRANCH FAX NO. 13097945190 P. 21 \ A • �1 j � �.. �tC f �� � 1 OR .,► �.1 MMS CONSULTANTS, INC. 1917 South Gilbert Street Iowa City, IA 52240 MMS Project #, 4179 -011 Figure 1 Country Club Estates (3ra_7cn) USGS topographical map Johnson County, IA I� ON F I Fh 14 ,.-j. it I; ILt-711, 'M M, Ile t It F I Fh 14 ,.-j. it I; ILt-711, 'M M, E Ile t It E S,j -%zt E MAY -29 -2009 FRI 09;45 AM REGULATORY BRANCH FAX NO. 13097945190 P, 23 MAY -29 -2009 FRI 09,46 AN REGULATORY BRANCH FAX NO. 13097945190 P, 25 NOTIFICATION OF ADNENTSTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: S and J Development File Number: )late: CEMVR -OD -P- 2006.1210 Ma 29 2009 Attached is: See Section below X INITIAL PROFFERED PERMIT (Standard Permit or Tatter of ennission) A PROFFERED PERMIT ( Standard Permit or better ofpenuission) li PERMIT DENIAL C APPROVED 1CIRLSDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL, DLTPRMiNTATiON E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http: /lnsace.anny. mil /Iran /fttnctioras(cvy /cecwolrep or Corps regulations at 33 CPR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or abject to time permit, • ACCEPT: if you T CCiVed a Standard Penrdt, you may sign the permit document and return It to the district engineer for final authorization. If you received a Latter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of ilia LOP means that you accept the permit in its entirety, and waive all rights to appeal did permit, including its ton nt and conditions, and Approved jmisdietional determinationls. Associated with the permit, • OBJECT: If you object to the permit (Standard or LOP) becaoso of certain terms and conditions therein, you may rcquost that the permit be modified accordingly. You must complete Section Il of tills form and return the fonts to the district engineer, Your objections must be received by ilia district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the fume. LJpon receipt of yam• latter, ilia dish let ongincer will evaluate your objections and may: (a) modify the permit to address all of year concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written, After evaluating your objections, ilia district engineer will send you A proffered permit for your reconsideration, as indicated in Section I; below, L3: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Pcmlit, you may sign du permit document and return it to ilia district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Yam signature on Hie Standard Ponn t or acceptance, of the LOP means that you accept the penult In Its entirety, and waive all rights to Appeal the permit, including its terns and conditions, and approvediurisdictional determinations associated with the permit • APPEAL: If you choose to decline ilia proffered permit (Standard or LOP) because of certain terms and conditions thmoin, you may appeal die declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending ilia form to the division engineer. This fomnmust be received by the division engineer within 60 days of ilia date of this notice, C: PirRMIT DENIM,: You may appeal the denial of n pammit under the Corps ofEngineors Administrative Appeal Process by completing Section 11 of tills form And sending the form to the division engineer. This form must be received by the division cegineer within 60 days of the data of this notice, D: APPROVED JURiSDICTI"ON'AL DETERMINATION: You may accept or appeal the approved ID or provide new infenuation. • ACCEPT: You do not need to notify the Corps to accept au approved Jll, Failure to notify ilia Corps within 60 days of trio date of this notice, moans that you accept the Approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with ilia approved JD, you may Appeal the Approved JD under ilia Corps of Enginaars Adnministrative Appeal Process by completing section 11 of this form And sanding the form to the division engineer, This form must be received by ilia division eliginecr within 60 days of the data of this notice, E: PRELIMINARY WRISDICTIONAL DETERMINATION: You do not need to respond to the Corps regard lig the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting tile Corps district for further instruction. Also you may provide new information for fllrther consideration by the Corps to reovahlate the JD, MAY -29 -2009 FRI 09:47 AM REGULATORY BRANCH FAX N0, 13097945190 P, 26 SUCTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL P..ROFFERED P.FRMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealhtg the decision oe your objections (o an iniHat proffered pets» t unclear concise statements. You may attach additioml information to this form to clarify whure your reasons or objectlom are addressed in the administrative record.) ADDITIONAL 1NrORMATION: Thu appeal is linuted to a review of the adnunisn'at(va record, the Corps memorantittnt fol'the record of the appeal conference or meeting, and any supplemental htfornmtion that the revtaw officer has determined is heeded to clarify the administrative record, Neither the appellant nor the Corps pray add new information or analysos to th0 record. However, you may trovidu additionat information to clarify tiro location of information that is hlrcad z in the administrative record, POINT OF CONTACT FOR QUESTIONS OR INI ORMATION: if you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process yon may process you may contact: also contact: James B, Wiseman John G. Betkor Administrative Appeals Officer US Army Cops oft+ngincers Disttiot, Rock Island U.S. Army Corps orCnginuers ATTN: Regulatory Byancli Miaslsgippi Valley Division Clock Tower Building ATTN: CEMVD -PD -KM Post Office 13ox 2004 Post Office Box 80 Rock island, Illinois 61204 -2004 Vicksburg, ,Mississippi 39181 -0080 Telephone: 309 /794 -$380 Telephone: 601/634.5821 Fax; 601/634.5816 R1311`t OP LN'1`RY; Your signature below grants the tight of entry to Corps of Engineers personnel, and any gowiliment consultants, to conduct investigations of the project site during the eourae of 1110 appeal process. You will bu provided a 15 day notice of any site investigation, and will have the Opportunity to participato in all site investigations, Date: Telephone ntunber: Sigtintrtre Of appellant or agent. Approved: 30 Scptcnrbm 1998 OMB No,: 0710 -0012 Expires: 30 September 2001 h1AY -29 -2009 FRI 09!47 AM REGULATORY BRANCH FAX N0, 13097945190 P. 27 Preliminary Jurisdictional Determination Form This preliminary JD finds that there "may he "wnters of the United States on the subject project site, and identities all aquatic features on the site that could be affected by the proposed activity, based on the following information: A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD); May 26, 2009 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: S and J Development, Inc. 1157 Flagstaff Street Iowa City, Iowa 52240 C. DISTRICT OPPICE, FILE NAME, AND NUMBER: CEMVR -OD -P -2006. -1210 D. PROJECT LOCATION(S), BACKGROUND INFORMATION, AND WATERS: (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODf 4" AT DIFFERENT STIES) V State: Iowa • County /parish/borough: Johnson • City: Iowa City • Center coordinates of site (lat/long in degree decimal format): 041.6474/- 091.6076 • Name of nearest waterbody: Adjacent wetland to an unnamed tributary to Phebe Creek • Identify (estimate) amount of waters in the review area (Linear feet, Width (ft) and /or acres): 1,03 acres of wetland a Name of any water bodies on the site that have been identified as section 10 waters: E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): bN Office (Deslo Determination. Date: May 26, 2009 rl Field Determination. Dates(s): '2' MAY -29 -2009 FRI 09:47 AM REGULATORY BRANCH FAX NO, 13097945190 S OPPORTING DATA Data reviewed for preliminary JD (Check all that apply. Checked items should be included in case file and, where checked and requested, appropriately reference sources below); 10 Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant; ® Data sheets prepared/submitted by or on beltalfof the appUeant/consuhant. EjOffice concurs'witlr data sheets /dollneatimr report. Office does not concur with data shoots /delineation report. ❑ Data sheets prepared by the Corps: (] Corps navigable waters' study, ❑ U.S. Geologlenl Survey klydrologie Atlas: ❑ USGS NFTD data. ❑ USGS 8 and 12 digit RUC maps. ® U,S. Geological Survey map(s). Cite scale & quad name: 7.1/2 minute, Iowa City West ❑ USDA Natural Resources Conservation Service Soil Survey. Citation: [I National wetlands inventory map(s). Cite narno; ❑ State /Local wetland inventory map(s): ❑ FEMA/F1RM maps: ❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ❑ Photographs; 0 Aortal (Name & Date); ❑ Other (Name & Date); ❑ Previous determinations(s). File no, and daw of response letter; ❑ Other Information (please specify): Signature and date of Regulatory Project Manager (RF,QUMD) Signature and data of person requesting preliminary JD (REQUIRED, unless obtaining The signature is impracticable) s 9� MAY -29 -2009 FRI 09:47 AM REGULATORY BRANCH FAX N0, 13097945190 P, 29 Preliminary Jurisdictional Determination 1. 'fhe Corps of Prigineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or liar option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, lire permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved .1D in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Pen-nit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non - reporting NWP or other general permit, and the permit applicant has not requested an approved ID for the activity, the permit applicant is hereby made aware of rile following; (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting lite terms and conditions of the penult authorization; and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request all individual permit rather than accepting the terms and conditions of the N WP or other general permit authorization; (4) that the applicant can accept a pennit authorization and thereby agree to comply with all tiro terms and conditions of that ponnit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity In reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a pennit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutor agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to suolr jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrativo appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered Individual permit (arid all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). 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Willis, P.O. Box 143, Iowa city, IA, 52244 (319)337 -9621 CONFIRMATION OF EXTENSION OF PROTECTIVE COVENANTS AND RESTRICTIONS COUNTRY CLUB ESTATES THIRD ADDITION, IOWA CITY, IOWA S & J Development, L.L.P., the owner of the real estate described as Country Club Estates Third Addition, Iowa City, Iowa, hereby confirms that the all of the provisions of the protective covenants and restrictions imposed by document recorded in Book 2907, Page 284, which by its terms applied to "Country Club Estates First Addition to Iowa City, Iowa, and all future additions of Country Club Estates Subdivision" does apply to all of the lots within Country Club Estates Third Addition, Iowa City, Iowa. n DATED this tG day of S & J Development, L.L.P. Michael H. Speer, Authorized Agent STATE OF IOWA SS: OF JOHNSON 2009. / This document was acknowledged before me on this to day of z Ae�n 2009 by Michael H. Speer, as Authorized Agent of S & J velopment, L.L.P. 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Karr, City Clerk. CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this -5-&L day of 2009, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey 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 Regenia D. Bailey and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of said municipal corporation, by it and them voluntarily executed. 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I.anuoo oM MLI6ia Tr_.v,aT pue pooE e sec, IT MegM psse 'paq?zasap aAege ageMSS Teaz nUl ;O passasscd pue pazzas I.TTn;rceT sz M? McLIM AMID SUM LIMT16 Mueua:,00 Jgazag saop aSump F', ffix- CITY OF IOWA CITY, IOWA ATTEST: Wien K. Karr, City Clerk CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) C') ciaj r On this day of-Septemba, 2009, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey 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 Regenia D. Bailey and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of said municipal corporation, by it and them voluntarily executed. s Notary Public in and for the State of Iowa ��7 e sso-ge- oossT: sz aumoawog aqq ;c uoTge5T_go ag; auoasq asTazacgo zo og pass a; sdez; aq RPM ao¢eua_utew zo; uoT ;PST qo sTgS 'ease ;uawaa =_a aqq zo sa?_ ?I ae; agq ;o aoueua_utew zo; uoTavST - -qo ou aneq llsqs R ;TO 9141 's -zgap 70 aaz; qT bucdaax pue zanoc punoz6 aqq EUTMow pue Ei=TegU -2w apn;cuT Tlegs acueuaguTew aqS ssazz quawasea pue saTgTTToe; aqg u- e ;n?ew za;Teazagq lleqs subTsss pue szossacons saT pue szaun•.O acq 'RqT lTae; ssa:gssa_ap zaj en•.wz Ogs agq ;c uo?galdwoc ;oazag; _zed Rue zo _T Aanuoa oq RgTzogqns In ;Msl pue pooh seq s- gagq pue pogTzosap agegsa leas aq; ;o passasscd R-Tr -.M =T s? ;T -egq 1q-Z) aqq a ;Tr s;usuanoo . {gsaag zaumc oqz -seaze quawasea aq'4 pnnoze pus UT UOTSOza aZTwTuTw oq se os pueT s;T UTe ;UTew oq sa9z5e Osle sauMo ag; pue 'UT PaTTT; aq c_ saTITJTOe; lozquoo zage:nuzo ;s a$a ;ca:.a_d zo 7T-; guai.a ou uT I -egs pue sTzcap pue spaam woz; aaz; guawassa agq uTg; -n easy aq; UTegcTeu 7Tegs zauMO aq- ' ssaze quawasea aqq ;c zanoo punozb aq; o; pps RT Ter ;uegscns zo seaze quawasea pTss uo sUOTganzgsgc nuE ;anzgsuoo 'lla'. flue a_ =_zado ac TTrzp 'saaz; flue 4uel3 'sasngcnzgs zaq ;c zo 'TTstn 6uTu -ega7 'aoca; 'buTpTTnq n_e ga^.SgauOa za goaza I= TTegs zauMO aqq ;eq; papTi owd 'paguez6 fgazay sggETz sqT ;o quaLV.00ua -Tn; s,RgTS sq; qqT,, aza ;za ;uT qou _I -M gc-g.•n sasodznd zo; sease quawasea aq= asn o, gg6-z aqq sap�nsaz aaUp -o aqa *quawnoldua zTag; ;o asznoo aqq uT saanoldwa zo squaty s ;T so R ;TO aqg . {q azueuaquTew zo asn 'uoTggnzgsuoo 'ssa15a zo ssazbuT F.ue ;o as TC.zaxa 1uaETTEau ag; Rq pasneo aq llegs goTgn aEewess ac ssoT nue ;SuTebe zawno ag= f.; Tuwapu: TTsgs fgTJ 0q5 'zauuew Rua UT zapunazaq s ;g6Tz s,RgTO agg g ;TM. aza;za ;UT Rsw iO SaTI-ITnPj pTes og pzezag a aq ilea F. ;TZ sg_ ;c ucraTdc avg uT zaq ;sazag zo M.ou q=T. 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IOWA ATTEST: // a- 6e.iid e—. `mod Marian K. Karr, City Clerk CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 6"r- On this 50-tk day of before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey 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 Regenia D. Bailey and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of said municipal corporation, by it and them voluntarily executed. 1 Notary Public in and for the State of Iowa C� G ZIOZ'Z WeW �sazTdxa uoc s-wwoO ,Cy,, sentls3 uo�mwwgO A ECV6EL+aqry u0lssI Snim NE)FVN0 "d "I'4'ivawcO �a. P 3 5 ;c gws6d pnzTzog_ny se 'zaads 'F. Iaego:6d Aq 600z ;c nep �.�1 s -q; uo am azO ;aq, pa6pa Trv,ouyae se.v, zawnoop sTgj. 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Sq ucTgaldwoo lTga^ zaum0 aqg ao uTe'waz T=Ts uo-geSTTgo aqg pse 'sucTgeaT ;Toads F.q zJ q4 T," aouepzosse u; sq Tlegs uTazaq (sj guawanozdwT oTlgnd aq_ T-egsuT oq ucT4e6TTgo aqg g=qg aazbe SsT�zad aqy squawar_ozdw} pies ;c uoTgeTlegsuT pue uoT_cnz}suos TeuT6Tzo aqq BUT= Tua5e s,. {gZJ aqa se au-gsz pawaap aq zaMAC aqg Tlegs zsN -uTazag a,,ssT ge sguavan_osd'x- 07Tgnd Teui6-zo agg I -e_su} og ny -J aqg uo quawazrnbas e ascdwT oq panzgsuoc sq TTegs qunwaazby sr;; uT 6-s Tgg?d .y .uTazaq guawasea agg ianuos Cg gu6Tx -n;meT pue pooh ane,, F.ag7 alga pue 'algTg alq =q';nba 4.� fint" w,ay,nm p�/yy cfj wpcyL�pjN�JIYy� '� a�e1S P ? =s zo- ue uT Ox q d nze og _ 'luamdola:v P 9 S ;o _ua5W PazTSOL7nV SS 'OaadS 'H Saeq DTW A GOCZ q on lop c� ST71 uo au wo ;ac 'pabpa_enouvoe sent Guam op STgy q ( KOSK O 30 WMACO °SS ( moi d0 ElviS qua&,, paz .soq�nW 'zaadg 'I3 TaeyDc4 LEI d q q '3ua:lldO_aAOa O" S Prepared by & return to: Craig N. Willis, P.O. Box 143, Iowa City, IA, 52244 (319)337 -9621 Permanent Lift Station and On Site and Off Site Access Easement Agreement THIS AGREEMENT, is made by and between S & J Development, L.L.P, hereinafter "OWNERS ", and the City of Iowa City, Iowa, a municipal ..corporation, hereinafter "CITY:,,..._ 1. OWNERS hereby grant and convey to CITY a permanent easement for the construction, operation, maintenance, use and reconstruction of a lift station (hereinafter referred to as "public improvement ") as the CITY shall, from time to time, elect to use for the conveyance of sewage, and all necessary appliances and fittings for use in connection with said public improvements, together with adequate protection thereof over the area shown as lift station easement on the final plat of County Club Estates Third Addition (hereinafter "Lift Station Easement Area "), together with a right - of -way for vehicular and pedestrian access over and across the access easement area shown on the final plat of Country Club Estates Third Addition and the 17.00 foot wide ingress and egress easement area shown on the easement plat attached hereto (hereinafter "Access Easement Area "). 2. OWNERS further grant to CITY the following rights in connection with the above: a. The right of grading said Lift Station and Access Easement Areas (hereinafter Easement Areas ") for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said easement area, to such extent CITY may find reasonably necessary. b. The right, from time to time, to trim and cut down and clear away all trees and brush on the Easement Areas, and on either side of the easement area, which now or hereafter, in the opinion of CITY, may be a hazard to said Easement Areas, or which may interfere in any manner with CITY's exercise of its rights herein. 010 1 3. CITY shall indemnify OWNERS against any loss and damage which shall be caused by the negligent exercise of any said ingress or egress, construction, maintenance of use by CITY or its agents or employees in the course of their employment. 4. OWNERS and CITY acknowledge that OWNERS reserve the right to use said Easement Areas for purposes which will not interfere with CITY's full enjoyment of its rights hereby granted; provided, that OWNERS shall . not erect . or construct . any building, fence, retaining wall of other structures; 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 areas. 5. OWNERS hereby covenant with CITY that OWNERS are lawfully seized and possessed of the real estate above described and on the attached plat by virtue of legal and /or equitable title, and that they have good and lawful right to convey the Easements herein. 6. 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 Owners be deemed acting at the City's agent during the original construction and installation of said improvements. The parties agree that the obligation to install the public improvements(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Owner until completion by the Owners, and until acceptance by the City, as provided by law. 7. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto; shall be deemed to apply to and run with the land and with the title to the land; and shall be recorded in the Johnson County Recorder's Office, at OWNERS' expense. 9� DATED this day of C -J!J'� 0,�"{_JZ/ 2009. S & J Development, L.L.P. B�� /�� Michael H. Speer, thorized -Agent STATE OF IOVIA ) SS: COUNTY OF JOHNSON ) T,rils document wag acknowledged before me on this 1 day of �. 2009 by Michael H. Speer, as Authorized Agent of S & J DuleLspment, L.L.P. CRAIG N WILUS Notary ublic in and for said State CommisaonNumber7�91�� My commissio expires: My µCa w01 City of Iowa City, Iowa BY: STATE OF IOWA COUNTY OF JOHNSON This document and and a leW SS: cknowledged be e me on this 2009 by as of the City of Iowa Cry Pubiic in and for said State commission expires: day of owa. L--A /,010;11 /{ti�a. o` ' "i 11-77 CITY OF IOWA CITY, IOWA ATTEST: d2'14 Marian K. Karr, City Clerk CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 04, EoI�T On this ?) day of &6ptembec, 2009, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey 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 Regenia D. Bailey and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of said municipal corporation, by it and them voluntarily executed. a i i!n ! 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Karr, City Clerk CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this Wk day of r�� 009, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey 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 Regenia D. Bailey and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of said municipal corporation, by it and them voluntarily executed. 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Npd i�' V 30 ?NIla3W33 y'q NOLLVNIWa3l JJ 1NIOd fin 1N3W35Y3 NIVW O '�� S 6Y O v/.f. Y �f( 3s fib£ \ 'AuL0.8L4S5 / iw sY3 / As0'LS y d � OOZE -3X34 M 9S.gs.0Z5 y41, AMY11Ntl3 09F 9SZ 3Jbd Y4 WJ09 L9Z£L, .1 /,J N,uj wd s � a �', M 9L. Z,a[N ��- 1K3W3SV3 a3M35 mLa -Nfiu kJILJ3s -NO.. Il NOLLVNIWa3L .i] 1NIOd NI srvwNla3e d3 lruvd S LL64 n� } 9SZ 3Jbd Y4 WJ09 L9Z£L, .1 /,J N,uj wd s � 11 3e 1 a Nuu 3HL do mLa -Nfiu kJILJ3s do Jo a31rm Fee Doc ID: 021672310012 Type: GEN Kind: RIGHT OF WAY Recorded: 11/06/2009 at 12:38:50 PM Fee Amt: $64.00 Pace 1 of 12 Johnson County Iowa Kim Painter Countv Recorder BK4524 P(;96 -107 STATE OF IOWA ) ) SS JOHNSON COUNTY ) =26Z..&4 ®dr a wl ®® CITY OF IOWA CITY 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. 09- 346 which was passed by the - - City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of November, 2009, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 4 "' day of November, 2009. Marian an K. Karr City Clerk Ves Ib0' ;�k =Nu Prepared by: Kimberly Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO. 09-346 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MID EASTERN IOWA COMMUNITY MENTAL HEALTH CENTER TO USE A PORTION OF CITY STREETS AND PUBLIC RIGHTS -OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. WHEREAS, Mid Eastern Iowa Community Mental Health Center desires to install a buried conduit system containing a fiber optic telecommunications cable within City of Iowa City public rights -of- way; and WHEREAS, it is in the public interest to enter into an agreement with Mid Eastern Iowa Community Mental Health Center concerning the construction work and the responsibility for the installation and maintenance of the fiber optic cable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The attached agreement between the City of Iowa City and Mid Eastern Iowa Community Mental Health Center to use certain streets and public rights -of -way as set out in said agreement for the placement of fiber optic cable is in the public interest, and is hereby approved as to form and substance. 2. The Mayor is authorized to execute and the City Clerk to attest the attached agreement, on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record the resolution and agreement in the Johnson County Recorder's Office, at Mid Eastern Iowa Community Mental Health Center's expense. Passed and approved this 2nd day of �iY1 nYplwcuV�7Uy,'N. SCI QiUi .' V ✓''rte // W UUI� /"'.�iJ City Attorney's Office 1060.7 CORPORATE SEA(. 9A Resolution No. 09 -346 Page 2 It was moved by Wilburn and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek x O'Donnell x Wilburn x Wright v. daWglossary/resolution c.doc AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND MID EASTERN IOWA COMMUNITY MENTAL HEALTH CENTER FOR USE OF PUBLIC RIGHTS-OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK BETWEEN 214 AND 220 SOUTH VAN BUREN STREET. SECTION I. DEFINITIONS a. "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its officers, employees and agents. b. "Public Improvements" shall mean any publicly owned improvements on public property, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electrical transmission lines and equipment related thereto, cable and telephone lines and equipment related thereto. c. "Public Property" shall mean public -owned or controlled public land and rights -of -way, easements, bridges, parks squares and commons. d. "Network" shall mean Mid Eastern Iowa Community Mental Health Center and shall include equipment owned, operated, leased, or subleased in connection with the operation of the network, and shall include cables, underground conduits, handholes, vaults, fiber optic cables, overhead transmission lines and other overhead cable and lines. SECTION 2. BASIC GRANT Network is hereby granted a license to construct, maintain, inspect, protect, repair, replace and retain communications system in, under, upon, along and across the public property shown and identified in Exhibit A hereto, subject to the regulatory powers of the City and subject to the conditions herinafter set forth. SECTION 3. INSTALLATION, REPAIR, EXTENSION OR EXPANSION OF THE NETWORK Before commencing any extension or expansion of its system, or any major repair work or the installation of any new system in the City, the Network shall file with the Public Works Department of the City a written statement verifying the public property under which or upon which the Network proposes to extend, expand, install or repair its system. The Director of Public Works may require the statement be accompanied by a map, plan or specifications showing the proposed location of the system components with references to streets and alleys, existing public utilities, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground proposed for repair or installation. If the proposed locations of any facilities shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any public improvements or any existing City-owned public utility system component, or other structure upon or under public property, the Director of Public Works shall, within reasonable time after the filing of such plan, map or specifications, note the changes necessary to eliminate interference with a public improvement or existing City-owned public utility system facility and refer the same back to the Network for amendment. Any such review, approval or amendment shall remain subject to the provisions in Section 8 herein. Such map, plan, or specifications, when properly changed and corrected, shall be filed in the Public Works Department; and after the approval of same by the Director of Public Works, a permit shall be issued authorizing the Network to proceed in accordance with the approved maps, plans, or 1 A specifications. No such excavation, construction or erection shall be commenced before the issuance of the permit herein provided for unless it is an emergency as described in Section 5, All work performed by Network shall be in accordance with the approved maps, plans or specifications. SECTION 4. CONSTRUCTION AND REPAIR OF NETWORK In the process of location, construction, reconstruction, replacement, or repair of any system component, the excavation or obstruction made or placed in public property at any time or for any purpose by the Network shall, to protect the public and assure the safe and efficient movement of traffic, be properly barricaded to comply, at a minimum, with requirements set forth in the Manual on Uniform Traffic Control Devices. All pavement taken up or damaged shall be properly and speedily replaced in accordance with the City's regulations, City's Municipal Design Standards and Standard Construction Specifications, and warranted for a period of five (5) years. As a condition to the use of public property, the Network shall, at its own expense, repair or cause repair to any private property public utility system component, public improvement or public property damaged by such location, construction, reconstruction, replacement or repair work. If the Network fails to repair or arrange with the City for the proper repair of any public property after excavations have been made, and after thirty days notice in writing to do so given to its designated representative, then the City may make such repairs at the expense of the Network. SECTION 5. EXCAVATIONS The Network is authorized to make excavations in City streets, avenues, alleys and public property for purposes of routine repair, replacement, and maintenance of wires, lines or other system components associated with the Network. In making such excavations, the Network shall obtain a permit pursuant to City Ordinances and Regulations, shall not unnecessarily obstruct the use of streets, avenues, alleys or public places, shall provide the Public Works Director with twenty -four (24) hours notice prior to the actual commencement of the work, and shall comply with all City provisions, requirements and regulations in performing such work. However, three (3) day notice shall be provided to the Public Works Director for any work requiring a street closure or detour. In emergencies which require immediate excavation, the Network may proceed with the work without first applying for or obtaining the permit, provided, however, that the Network shall apply for and obtain the permit as soon as possible after commencing such emergency work. Excavations shall not remain open for more than five (5) working days without prior City approval, Failure to Comply; Remedies. If the Network fails to comply with the provisions of this Section, the City may repair or restore the public property to a condition as good as the condition of the property prior to the disturbance by the Network. The Network shall pay the costs of such repair or restoration. The Network shall pay to the City its costs and charges for such work within sixty (60) days after receipt of the City's billing. SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation of improvement that may be deemed necessary or proper by the City in, 2 Qlk across, along, over or under any public property occupied by the Network, and to change any curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall not be liable to the Network for any damages arising out of the performance of such work by other parties. Nothing in this agreement shall be construed to relieve other persons or corporations from liability for damage to the Network's facilities. SECTION 7. NETWORK CONTRACTORS The requirements of this agreement shall apply to all persons, firms or corporations performing work for the Network under a contract, subcontract, time and materials arrangement or other type of work order. SECTION 8. CONDITIONS OF STREET OCCUPANCY The fiber optic cable systems and other components of the facilities erected by the Network within the City shall conform to established grades of streets, alleys and sidewalks, and be so located as to cause minimum interference with the rights or reasonable convenience of property owners who adjoin public property. The Network shall conduct its work hereunder in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the Director of Public Works. The Network shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its facilities in, on, over or under public property in such manner as the City may at any time require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such public property, for the purposes of facilitating the vacation and /or redevelopment of public property or public right -of- way by the City. In the event the Network fails to act within a reasonably allocated time, the City may cause the Network facilities to be relocated, and the costs thereof shall be to the Network and shall be paid as provided in Section 5 hereof. Claims for delay of work from contractors employed by the City that are a result of Network's failure to act within a reasonable time shall be the responsibility of the Network. In the case of Public Works projects, reasonable time shall be defined as the six week period from the date of the public hearing. The Network shall not place its facilities in the public property where the same will interfere with the normal use or maintenance of any public improvement, including but not limited to streets, alleys sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, electrical transmission lines or any public utility facility. Network shall maintain a five (5) foot minimum horizontal clearance from any public utility, including water mains, storm sewers, sanitary sewers, and storm drains. The Network shall not place identification signs within the public right -of -way. Upon request, the Network agrees to assist in locating underground facilities which are part of its system. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours after the time of request. It is understood by the Parties that this service line is an underground facility for the sole use and benefit of the owner or occupant of 214 AND 220 South Van Buren Street, Iowa City, Iowa. It is further understood that if the Network fails to enroll in the Iowa One Call System, the Network does so at its own risk and the City, its successors in interest, assigns, or agents, including those parties with which the City has 3 9` entered into a franchise agreement, shall not be liable for any damage to or loss of service to the Network, nor shall the City be liable for any violation by the Network of Iowa Code Chapter 480 (2009). Installation, repair, or replacement work completed by the Network or any facilities requiring excavation of public property or public right -of -way shall require Network to restore and replace surface vegetation with sod and conformance with City ordinances and in accordance with standard local practices for placing sod. SECTION 9, ABANDONED FACILITIES The Network shall notify the City when facilities are to be abandoned. The Network shall remove manholes, handholes, vaults, overhead facilities and equipment related hereto from the right -of -way as required in conjunction with other right -of -way repair, excavation or construction unless this requirement is waived by the Director of Public Works. SECTION 10. POWERS OF City of Iowa City Nothing in this agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets alleys and public property by anyone using the same for the installation and maintenance of utility systems, including, but not limited to, fees for use of public property. Any such further regulations shall apply to Network and to this agreement. SECTION 11. PLANS AND COORDINATION Upon completion of the work, the Network shall promptly furnish to the City copies of "as- built" plans related to its facilities located on public property. The Network shall keep complete and accurate maps and records of the locations and operations of its facilities including buried abandoned facilities, in connection with this agreement. SECTION 12. VIOLATIONS OF AGREEMENT Upon evidence being received by the City that a violation or breach of this agreement is occurring or has occurred or that a violation of codes or ordinances lawfully regulating the Network in the operation of its facilities or the manner of use of public property either is occurring or has occurred (hereinafter referred to as a "default', the City shall cause an investigation to be made. If the City finds that a default exists or has occurred, the City may take appropriate steps to secure compliance with the terms of this agreement or the codes or ordinances, The City shall give written notice to the Network of the default, and the Network shall cure such default within thirty (30) calendar days after receipt of such notice; provided, however, where any such default cannot reasonably be cured within such thirty (30) day period, and Network shall proceed promptly to cure the same and prosecute such cure with due diligence, the time for curing such default shall reasonably be extended for such period of time as may be necessary to complete such cure. 0 9� If the City determines that a violation or breach of this agreement or codes or ordinances lawfully regulating the Network in the operation of its facilities is an immediate danger to public health, safety or welfare and requires immediate action, the City may provide written notice of said determination to Network and immediately remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Network. If the Network fails to cure a default within the time allowed, the City shall have the right to: seek specific performance; or ii. remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Network; or iii. seek damages of such default; or iv. any combination of (i), (ii) and (iii). SECTION 13. LIABILITY, INDEMNIFICATION AND INSURANCE The Network covenants to indemnify, defend and save the City and its officers, agents and employees, harmless from any and all damages arising directly from the exercise of the rights granted herein. The Network agrees to require contractors and subcontractors engaged in work for the Network within the public right -of -way or public property to maintain insurance coverage during the term of their work and to provide the City with certificates of insurance satisfactory to City. SECTION 14, SEVERABILITY In the event a court of competent jurisdiction shall adjudge any provision or provisions hereof invalid or illegal, or direct a change by the Network in any matter or thing herein contained, such invalidity, illegality or change shall be deemed severable and shall in no way affect the remaining provisions of this agreement o other respects shall continue in full force been so adjudged invalid or illegal, or such and upon a court's ruling of invalidity or terminated. SECTION 15. ASSIGNMENT r their validity or legality and this agreement in all and effect as if said provision or provisions had not change had not been directed. At the City's option, illegality, the City may cause this agreement to be Neither party shall assign or otherwise transfer this agreement or any of its rights and interest to any firm, corporation or individual, without the prior written consent of the other party. SECTION 16. TERMINATION OF AGREEMENT AND VACATION OF STREETS AND ALLEYS The City may terminate this Agreement at any time upon thirty (30) days notice provided to Network, if the City determines that the property or public right -of -way is needed for a public purpose and should be cleared of any and all obstructions. When not in conflict with other City purpose, need or use, as long as the Network exercises the rights granted to it hereunder, the City will not, by ordinance or otherwise, vacate any street, alley or public property in which the Network has installed its facilities without reserving such rights as necessary to allow continued 94 use of such property provided that nothing facilities as provided in for the said facilities herein shall limit the Section 8 hereof. SECTION 17. DELIVERY OF NOTICES In accordance with the terms of this agreement, City's right to require the Network to relocate its Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and addressed as follows, unless indicated otherwise in the future: If to City: Public Works Director City of Iowa City 410 E. Washington Street Iowa City, IA 52240 If to Network: Operations Director Mid Eastern Iowa Community Mental Health Center 507 College Street Iowa City, IA 52240 Provided, however, that in case of an emergency, notices may be given verbally to the above - named persons. In such case, written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by addressee. Notice shall be deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice is received. SECTION 18. RECORDATION This agreement shall be recorded in the Johnson County Recorder's Office, at Network expense. SECTION 19. COUNCIL APPROVAL This agreement is contingent upon the approval of the Iowa City City Council. Dated this -A A D day of Aooi;�^r a rz , 2009. IOWA Bailey, City Clerk l , -Afz Richard ,y. Fosse, Public Works Director Approved by: --ju X11 ,aj160,971 Offllhl4 "P< City Attorney's Office c > )Ij a/,, 7 MID EASTERN IOWA COMMUNITY MENTAL HEALTH CENTER By: Print Name: I�iP CORPORATE SEAL yA CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this LD day of O<_i.f 2009, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared Richard A. Fosse, to me personally known and who, being by me duly sworn, did say that he is the Public Works Director of the City of Iowa City, Iowa; and that the instrument was signed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. 00 -255 passed by the City Council, on the 18`h day of July, 2000, and that Richard A. Fosse acknowledged the execution of the instrument to be his voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary PuNrM4and for the Sta of Iowa My commission expires: y �aa STATE OF IOWA ) SS: NOTARIAL SEAL JOHNSON COUNTY ) On this J day of N„varnbty , 2009, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, as contained in Resolution No. Ol- 3446 and passed by the City Council, on the o7 ^1-0 day of /�JoJtr„ L4 � j 2009, and that Regenia D. Bailey and Marian K. Karr acknowledged the execution said instrument to be the voluntary act and deed and the voluntary act and deed of said corporation, by it and by them voluntarily executed. �A1 s T SONDRAE rORT UOp�ae oiF� . Commission Number 1597rJ1 Notary Public in and for the State of Iowa My Commission Expires OW aD /2 My commission expires: 3 a0 /a 7 NETWORK ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) This instrurent w s acknowledged before me on this ,& day of �� 2009, by l: n � t re XM as of Mid Easfern Iowa Community Mental Health Center. gxc a4� Sherri Zastrow —�- &A;ar Iowa Notary seal Notary Public in and for thO State of Iowa Commission #704809 I Commission Expires 8/28/2012 My commission expires: U: \PW\STAFF\Kim J \ROW Agreements \Temporary - fixed \Fiber Optic \Community Mental Health Auc dIk a N Q� L L m c O cn 505 E College Street 214 S. Van Buren w 220 S Van Buren I6Xh;6-!-A A FIbL Ca"1� Lin[, q 5 91� �_ee- WEDNESDAY, OCTOBER 14, 2009 EMMA J. HARVAT HALL MEMBERS PRESENT: Caroline Sheerin, Barbara Eckstein, Will Jennings, Terry Hor^a, Robert Anderson Doc ID; 021707710003 Type: OEN Kind: DECISION MEMBERS ABSENT: None. Recorded: 12/18/2009 at 11:52:19 AM Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, A 52240; 319/356 -5230 tY• Fee Amt: $19,00 Peas 1 of 3 STAFF PRESENT: Sara Greenwood Hektoen, Sarah Walz Johnson County Iowa Kim Painter Countv Recorder DECISION EK4540 PO 15 -q 17 IOWA CITY BOARD OF ADJUSTMENT M WEDNESDAY, OCTOBER 14, 2009 EMMA J. HARVAT HALL MEMBERS PRESENT: Caroline Sheerin, Barbara Eckstein, Will Jennings, Terry Hor^a, Robert Anderson MEMBERS ABSENT: None. O w n� STAFF PRESENT: Sara Greenwood Hektoen, Sarah Walz +n �- :Ern sF M OTHERS PRESENT: Brian Ramirez, Kapesh Patel, David Bailie, Duane Muss 0 5y o SPECIAL EXCEPTION ITEMS: p N u1 1. EXC09 -00005 A public hearing regarding an application submitted by AT &T Mobility for a special exception to allow construction of a 100 -foot cell phone tower in the Community Commercial (CC -2) zone at 925 Highway 6 East. Findings of Fact: The Board finds that the coverage maps provided by the applicant demonstrate that the proposed tower provides AT &T coverage to an area that cannot be served by an existing tower or industrial property, or by locating antennas on existing structures in the area. The Board finds that the applicant has documented the potential coverage from existing towers located within one half mile of the proposed site, including a U.S. Cellular tower on Olympic Court and towers located on the MidAmerican Property on Lower Muscatine Avenue, and that none of these existing towers provide the desired coverage for AT &T service. The Board finds that there would be canister space for two additional sets of antenna on the proposed tower, allowing for potential co- location by other providers. The Board finds that if the use of the tower is discontinued, the applicant is required to remove the tower and all associated equipment within 12 months of discontinuance of the use and that the applicant has agreed to comply with this requirement. The Board finds that the applicant has proposed a monopole design with internally mounted antennas, and that the pole will have no lighting, guy wires, trusses, or external antennas. The proposed tower will be set back more than 100 feet from the property line, and all equipment that is not located inside the adjacent commercial structure will be screened by an 8 -foot privacy fence, with additional screening provided by the tall evergreen trees established along the property line. The Board finds that no back -up generator is required for the tower and that all utilities are in place to serve the tower. The Board finds that all necessary utilities, drainage, and access roads are already in place, and that the proposed use will not generate additional traffic to and from the property other than for routine maintenance. The Board finds that all other aspects of the proposal will be reviewed by the building department for compliance with the code. Conclusions of Law: Based on the above findings of fact, the Board concludes that . proposed tower meets all specific criteria for the special exception. Because the proposed tower will be set back more than 100 feet from the property line with equipment stored within the building or within privacy fencing, the Board concludes that the special exception will not i be detrimental to or endanger the public health, safety, comfort, or general welfare. For the same reasons, and because the tower is designed to be inconspicuous, has no lighting, and because all associated equipment is contained within the commercial building or privacy fencing, the Board concludes that the special exception will not injurious to the use and enjoyment of property in the immediate vicinity and will not substantially reduce property values in the area. For these same reasons the Board concludes that the special exception will not impede the normal and orderly development of property within area for uses permitted in the zone. Disposition: By a vote of 5 -0 the Board approves EXC09- 00005, an application for a communication transmission facility in the Community Commercial (CC -2) zone, located at 925 Highway 6 East, subject to the following conditions: 1. Compliance with the site plan and all specifications regarding the tower design and enclosure submitted as part of the application; 0 2. The cell tower will have no lighting of any kind; o 3. The cell tower will have a galvanized gray finish to complement of ghnoles T the area or in another color to be approved by staff. c�-< �n J rn M O� 2. EXC09- 00006 — A public hearing regarding an application submitted by Hree, . for as special exception for a drive - through facility located in the Community CommercW(CC -2) zone at 1720 Waterfront Drive. Findings of Fact: The Board finds that the proposed drive- through facility provides one lane for pharmacy service and one lane for grocery pick -up. The Board finds that the pharmacy drive - through provides two stacking spaces, and that, based on the experience with similar drive - throughs at other Hy -Vee stores, the applicant does not anticipate a high volume of users for the drive - through. The Board finds that all lighting for the drive - through will be reviewed by Building Official to ensure compliance with the city's lighting standards. The Board finds that the plan for the expansion of the Hy -Vee store will result in a consolidation of curb cuts on Boyrum with an additional direct access point from the Hy -Vee property onto Boyrum Street. The Board finds that the drive - through facility is set back more than the required ten feet from the property line. The Board finds that the applicant has proposed a ten -foot sidewalk between the building and the proposed drive - through area and that the sidewalk is separated from the drive lane by bollards. The Board finds that there are no ATMs proposed for the exterior of the building in the area of the drive - through. The Board finds that the stacking spaces will not stack on to public streets and that adequate utilities and facilities already exist in this area. The Board also finds that these changes will beautify the south side of town and encourage pedestrian traffic and public transportation. Conclusions of Law: The Board concludes that the proposed drive - through will not endanger the public health, safety, comfort, or general welfare. The Board concludes that the special exception will not be injurious to the use and enjoyment of property in the immediate vicinity; will not substantially reduce property values in the area; and will not impede the normal and orderly development of property within area for uses permitted in the zone. The Board concludes that the additional direct access onto Boyrum Street will help to disperse vehicle traffic across the commercial site and will provide safe and efficient ingress and egress from the proposed drive - through facility. The Board finds that all necessary utilities, drainage, and access roads are being provided and that all other aspects of the proposal, including the G� ti lighting for the drive - through, will be reviewed by the building department for compliance with the code. The Board also finds that the proposed use will be consistent with the Comprehensive Plan's policy to encourage safe pedestrian traffic. Disposition: By a vote of 5 -0 the Board approves EXC09- 00006, a special exception to allow a drive - through a drive - through facility located in the Community Commercial (CC -2) zone at 1720 Waterfront Drive 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. J i Approved by: Caroline Sheerin, Chairperson 'City Attorney's Office 17/15/09 STATE OF IOWA JOHNSON COUNTY I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 14th day of October, 2009, as the same appears of record in my Office. Dated at Iowa City, this /% vk day of E,P�,,��e -✓ , 20©V Marian K. Karr, City Clerk CORR®RUE SEAS, N 0 o _ d � tO O C_-< z r- __4 .-<r- � a = o � N t` U "ni "J ` IIIIIIIIIIIIIIIIIIIIII��IIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIII�II r , 1 Doc ID: 021706980017 Type: QEN Kind: SUBDIVISION t Recorded: 12/17/2009 at 02:53:13 PM rIl)/.��p � s. Fee Amt: $89.00 Pace 1 of 37 iii _W�� 1 Johnson Countv lone Kim Painter Countv Recorder BK4539 P0622 -638 CITY OF IOWA CITY 410 East Washington Street [ Iowa City, Iowa 52240 -1826 (3 19) 356 -5000 (319) 356 -5009 FAX STATE OF IOWA ) MMIcgov.org ) SS JOHNSON COUNTY ) 1, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.09 -381, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 14th day of December, 2009, all as the sanie appears of record in my office. Also attached are the final legal documents for Huirter's Hideaway, First Addition as follows: 1.. Title Opinion 2. Certificate of County Treasurer 3. Certificate of County Auditor 4. City - Subdivider's Agreement 5. Statement of Consent of Dash Properties, L.L.C. 6. Sanitary Sewer Easement Agreement 7. Access Easement Agreement w /plat attached r Dated at Iowa City, Iowa, this & day of tJr�n 4En _ 2009. uA Marian�K—. Karr City Clerk \Fes subdivision j%c C �n r7m Prepared by: Sarah Walz, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5239 (SUB09- 00009) RESOLUTION NO.Q4 - -381 RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF HUNTER'S HIDEAWAY, FIRST ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, DASH Properties, LLC, filed with the City Clerk the final plat of Hunter's Hideaway, First Addition, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson County, Iowa, to wit: Auditor's Parcel 2003013, in accordance with the Plat thereof recorded in Plat Book 45, at Page 179, of the Records of the Johnson County Recorder's Office, and also, Lot 4 of Power & Associates Survey dated November 16, 1961, and recorded November 28, 1961, in Plat Book 5, Page 72, all in Iowa City, Johnson County, Iowa, said resultant tract of land contains 3.92 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 proposed subdivision will result in the creation of two new lots —Lot 1 and Outlot A— the outlot being designated as private open space, which may not be developed without a re- subdivision and sensitive areas development plan; 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. ,(o Resolution No. 09 -381 Page 2 Passed and approved this 14th day of nP(` rah- 9n no ATTEST: AW, n /��v CITY ERK City Attorney's Office /Z(q(o., It was moved by Hayek and seconded by Wilburn 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 pcdllemplates /RESOLUTION Hunte /s Hideamy 12).doc.doc P Prepared by /return: Mark C. Danielson, 222 S. Linn St., Iowa City, Iowa 52244; 319/338 -7551 TITLE OPINION I, Mark C. Danielson, a regular practicing attorney of Iowa City, Johnson County, Iowa, do hereby certify that I have examined three abstracts of title to property known and designated as Hunter's Hideaway, First Addition, Iowa City, Iowa, and legally described as follows: Auditor's Parcel 2003013, in accordance with the Plat thereof recorded in Plat Book 45, at Page 179, of the Records of the Johnson County Recorder's Office, and also, Lot 4 of Power & Associates Survey dated November 16, 1961, and recorded November 28, 1961, in Plat Book 5, Page 72, all in Iowa City, Johnson County, Iowa. It is hereby certified that fee simple title of said property is in Dash Properties, L.L.C., and the same is free from encumbrance. DATED at Iowa City, Iowa, this 9th day Q-f December, 2009. Mark�C. Danielson, AT0001957 LEFF LAW FIRM, L.L.P. 222 South Linn Street P.O. Box 2447 Iowa City, Iowa 52244 -2447 Telephone: (319) 338 -7551 Facsimile: (319) 338 -6902 DIn UMCD /Subd /Hunters 1009 TO 1P Prepared by /return to: Mark C. Danielson, 222 S. Linn St., Iowa City, IA 52240; 31 ^.•/336 -7551 CERTIFICATE OF COUNTY TREASURER I, the undersigned, Treasurer of Johnson County, Iowa, or deputy thereof, hereby certify that the following described property, also known as Hunter's Hideaway, First Addition, Iowa City, Iowa, is free from taxes or special assessments in the office of the Treasurer of Johnson County, Iowa: Auditor's Parcel 2003013, in accordance with the Plat thereof recorded in Plat Book 45, at Page 179, of "he Records of the Johnson County Recorder's Office, and also, Lot 4 of Power & Associates Survey dated November 16, 1961, and recorded November 28, 1961, in Plat Book 5, Page 72, all in Iowa City, Johnson County, Iowa. DATED at Iowa City, Iowa, this af-4- day of December, 2009. jyUU�Z Treasurer of Johnson County,- -- wa, or Deputy Treasurer of Johnson County, Iowa r1m1 /MCA /Subd /Hunters 1009 TreasCert P Prepared by /Return to: Mark C. Danielson, 222 S. Linn, Iowa City, IA 52240; 319 - 338 -7551 xxxxxxxxxxxxxxxxxxxxxxxxx x: txxxxxxxxxxxxxxxxxxxxxxx+ xxxxxxxx +xxxxxxxx x:rxxxxxxxxx +xx AUDITOR'S CERTIFICATE I, the undersigned Auditor or Deputy Auditor of Johnson County, Iowa, hereby approve of Hunter's Hideaway, First Addition, Iowa City, Iowa, as a succinct and unique name for the subdivision containing the following real estate located in Johnson County, Iowa, as required Section 354.6(2), Code of Iowa: Auditor's Parcel 2003013, in accordance with the Plat thereof recorded in Plat Book 45, at Page 179, of the Records of the Johnson County Recorder's Office, and also, Lot 4 of Power & Associates Survey dated November 16, 1961, and recorded November 28, 1961, in Plat Book 5, Page 72, all in Iowa City, Johnson County, Iowa. Dated this '/J day of December, 2009. AUDI OR OR DE UTY AUDITOR Johnson County, Iowa dml /MCD /Hunters 1009 AuditorCert M Prepared by /Return to: Park C. Danielson, 222 S. Linn St., Iowa City, Iowa 52244 -2447; 319/338 -7551 CITY - SUBDIVIDER AGREEMENT THIS AGREEMENT made by and between Dash Properties, L.L.C., the owner and subdivider, hereinafter called the "Subdivider," and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City ", for the subdivision known and designated as Hunter's Hideaway, First Addition, Iowa City, Iowa ( "Subdivision ") . W I T N E S S E T H: SECTION 1. PUBLIC IMPROVEMENTS. The City acknowledges that all public improvements for this Subdivision have been installed and accepted by the City. SECTION 2. FUTURE DEVELOPMENT OF OUTLOT "A ". Any future development of Outlot "A" of the Subdivision will be subject to an application for Sensitive Areas Review being submitted to and approved by the City of Iowa City. SECTION 3. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. A DATED this /_ day of December, 2009. CITY OF IOWA CITY, IOWA By: R a D. Bailey MAYOR f/ ATTEST: Ma ian K. Karr CITY CLERK - CITY - STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) DASH PROPERTIES, L.L.C. By:SQ� �A &�z Dou W.J. Alberhasky, Manager BY- i vyI/ Sabrina A.I. Alb rhasky, Manag - DEVELOPER - STATE OF IOWA ) )SS: COUNTY OF JOHNSON ) This instrument was acknowledged before me on the Lr,, day of 2�Eie'a,h -„ 2009, by Douglas W.J. Alberhasky and Sabrina A.H. Alberhasky as Managers of Dash Properties, L.L.C,.) L -t,;��� , iCommif'u oar 75941b (= ��� ply Commi ion Expvea Notary Public in and for`the State of Iowa Dml /MCD /SUbd /Hunters 1009 City /SubdAgmt 2 Jam` On this /¢ day of pF-cF AFzp , 2009, before me, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and the City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the Municipal 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 Regenia D. Bailey and Marian K. Karr acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. COmmiasian Nurnber 159791 Sa„dnca Fe ) 5 Me- 'v my commission Expires 3 /� /doi.2 Notar Public in and for the Y State of Iowa STATE OF IOWA ) )SS: COUNTY OF JOHNSON ) This instrument was acknowledged before me on the Lr,, day of 2�Eie'a,h -„ 2009, by Douglas W.J. Alberhasky and Sabrina A.H. Alberhasky as Managers of Dash Properties, L.L.C,.) L -t,;��� , iCommif'u oar 75941b (= ��� ply Commi ion Expvea Notary Public in and for`the State of Iowa Dml /MCD /SUbd /Hunters 1009 City /SubdAgmt 2 Jam` Prepared By /Return To: Mark C. Danielson, 222 S Linn St., Iowa City, is 52240; 315/338 -7551 .........o•.• ............ ............................... u u .. a ..........•e.. a ... STATEMENT OF CONSENT OF DASH , L.L.C. Dash Properties, L.L.C., does hereby certify and state that_. the undersigned is the owner and proprietor of the following described real estate situated in Johnson County, Iowa, to -wit; Auditor's Parcel 2003013, in thereof recorded in Plat Book Records of the Johnson County and also, accordance with the Plat 45, at Page 179, of the Recorder's office, Lot 4 of Power & Associates Survey dated November 16, 1961, and recorded November 28, 1961, in Plat Book 5, Page 72, all in Iowa City, Johnson County, Iowa. The subdivision of said real estate as it appears on the plat of Hunter's Hideaway, First Addition, Iowa City,/, Iowa, is with i,he free consent and in accordance with the desire of the unders,gnecc proprietor. IN WITNESS WHEREOF, the proprietor has caused this Statement of Consent to be signed on this day of {;; 20G9. )-10 DASH PROPERTIES, L.L.^.. By: 1glas W. J. Alber asky, Manager B': y _" Sabrina A. H. Alberhasky, .Manager STATE OF IOWA ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on the 'Il( day of T errb'r- 2009, by Douglas W. J. Alberhasky and Sabrina A. H. Alberhasky as Managers of Dash Properties, L.L.C. I e"a Notary Publ c ir. T aal for the . Commission Numbor 759416 , MyCommjsgorExpirea State of Iowa lowP 4/ a,l :MCD,iondo- SUod /Dast:?mo 'BO? Convent ^nunr7l 2 9J Prepared By /Return To: Mark C. Danielson, 222 S. Linn St., Iowa City, IA 52244; 319/338 -7551 xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx SANITARY SEWER EASEMENT AGREEMENT HUNTER'S HIDEAWAY, FIRST ADDITION IOWA CITY, IOWA THIS AGREEMENT is made and entered into by and between Dash Properties, L.L.C. (Subdivider), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Subdivider hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefore, and also a right of way, with the right of ingress and egress thereto, across the area designated as "20.0' Sanitary Sewer Easement" on the Final Plat of said subdivision, herein described as "easement area ". Subdivider further grants to the City: 1. The right of grading said easement area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area to such extent as the City may find reasonably necessary. 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. The City shall indemnify Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Subdivider reserves the right to use said easement area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that Subdivider shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said easement area. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and has good and lawful right to convey it, or any part thereof. Subdivider and City acknowledge that the sanitary sewer public: improvements have previously been installed and accepted by the City. 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 /I- day of Oj cFcmAte 2009. CITY OF IOWA CITY, IOWA DASH PROPERTIES, L.L.C. By: By: % � �/ eg is D. Bailey u as W. J. Alberhasky, Manager MAYOR By Z-v4 4-7e� ATTEST: an K. Karr Sabrina A. H. Alberhasky, Manag CITY CLERK - CITY -° ��oMiCi]ao►[� 2 9P STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this /� k day of becp&&p_ , 2009, before me, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and the City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the Municipal 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 Regenia D. Bailey and Marian K. Karr acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. i dw TSOPdDRAE FORT �P sy Commission Number 159791 '' My Commission Expires iow ao /7- STATE OF IOWA SS: COUNTY OF JOHNSON Notary Public in and for the State of Iowa This instrument was acknowledged before me on the �' "/ day of 01 k'e ,- , 2009, by Douglas W.J. Alberhasky and Sabrina A.H. Alberhasky as Managers of Dash Properties, L.L.C. "91 ` +F LAUREN E. JAHNS �Commisslon Number 759416 Notary Public in nd for the ow My C,0 mmtss'op -,Expires (� i- State of Iowa 3 )JV Prepared by/return to: Mark C. Danielson, PO Box 2447, Iowa City, IA 52244; 319- 338 -755! ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ ACCESS EASEMENT AGREEMENT THIS AGREEMENT is made and entered into by Dash Properties, L.L.C. (hereinafter "Dash ") which expression shall include its successors in interest and assigns. R E C I T A L S A. Dash is the owner of the following property which is being subdivided as Hunter's Hideaway, First Addition, Iowa City, Iowa: Auditor's Parcel 2003013, in accordance with the Plat thereof recorded in Plat Book 45, at Page 179, of the Records of the Johnson County Recorder's Office, and also, Lot 4 of Power & Associates Survey dated November 16, 1961, and recorded November 28, 1961, in Plat Book 5, Page 72, all in Iowa City, Johnson County, Iowa. B. Hunter's Hideaway, First Addition, Iowa City, Iowa, is a proposed two lot subdivision comprised of Lot 1 and Out1_ct "A" in which the City of Iowa City has place.] a condition upon said Final Plat approval that each lot grant and be granted an access easement so as to be able to access *_he porno_ of each lot separated by the existing creek. C. Dash desires to set forth the specific terms of the two acces5 easements in this written Access Easement Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS CONTAINED HEREIN, IT IS HEREBY UNDERSTOOD AND AGREED AS FOLLOWS: 1. The current and future owners of Lot 1, Hunter's Hideaway, First Addition, Iowa City, Iowa, hereby grant to the current and future owners of Outlot "A ", Hunter's Hideaway, First Addition, Iowa City, Iowa, an irrevocable non- exclusive vehicular and pedestrian access easement over the area designated as 1110.0' Private Access Easement" over the southwest portion of Lot 1 as shown on the Final Plat of Hunter's Hideaway, First Addition, Iowa City, Iowa, a copy of which is attached hereto as Exhibit "A ". The grantee of this easement shall exercise its rights granted by this easement in a careful and prudent manner to protect the peaceful and quiet possession of the grantor. Further, the grantee agrees to indemnify and hold harmless the grantor from any and all damages or liability, including attorney fees, as a consequence of use of this easement by grantee, its guests, invitees and licensees. 2. The current and future owners of Outlot "A ", Hunter's Hideaway, First Addition, Iowa City, Iowa, hereby grant to the current and future owners of Lot 1, Hunter's Hideaway, First Addition, Iowa City, Iowa, an irrevocable non - exclusive vehicular and pedestrian access easement over the area designated as "10.0' Private Access Easement" over the northeast corner of Outlot "A" as shown on the Final Plat of Hunter's Hideaway, First Addition, Iowa City, Iowa. The grantee of this easement shall exercise its rights granted by this easement in a careful and prudent manner to protect the peaceful and quiet possession of the grantor. Further, the grantee agrees to indemnify and hold harmless the grantor from any and all damages or liability, including attorney fees, as a consequence of use of this easement by grantee, its guests, invitees and licensees. 3. The owner of each lot burdened by the private access easement shall have the right to continue to utilize said easement way so long as said use does not interfere with the grantee's easement rights granted herein. The owners of Lot 1 and Outlot "A" each agree to repair any damage which they, their guests, invitees or licensees may cause to the private access easement located on their respective properties. 4. The grantee of each access easement set forth herein shall be responsible for any expenses of maintaining or repairing said private access easement area. To the extent that either private access easement area is jointly utilized by the owners or occupants of Lot 1 and Outlot "A ", the cost of maintaining said access easement area shall be jointly shared on an equitable basis prorated based upon the amount of usage by the owners or occupants of the respective lots. 2 �J49 5. This agreement shall bind and inure to the benefit of the respective heirs, devisees, personal representatives, successors, and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. DATED this J,ij day of .n' �;�i', 2009. DASH PROPERTIES, L.L.C. By: � V"� `fro -u las W. J. Alber sky Manager Sabrina A. H. Alberhasky Manager STATE OF IOWA SS: COUNTY OF JOHNSON This instrument was acknowledged before me on the 'ij day of N Y 2009, by Douglas W.J. Alberhasky and Sabrina A.H. 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(' IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII( III) IIIIIIIIIIIIIIIIIIIIiIIIIIIIIIIIIIIIII Doc ID; 021706320008 Type; GEN Kind; ORDINANCE Recorded: 12/17/2009 at 10:47:08 AM Fee Amt: $44,00 Pace 1 of 8 Johnson County Iowa Kim Painter Countv Recorder BK4539 po384 -391 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. 09 -4375 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 1461 day of December, 2009, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 16 °i day of December, 2009. Aal- Z�ZJ A > Mari -K. Karr City Clerk \ord f )i ' 1i }4'j! 1 t i i;? , t, Prepared by: Sarah Walz, Associate Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5239 (REZ09- 00007) ORDINANCE NO. 09 -4375 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 7.91 ACRES OF PROPERTY LOCATED ON HUNTINGTON DRIVE WEST OF TAFT AVENUE, FROM INTERIM DEVELOPMENT SINGLE - FAMILY TO MEDIUM DENSITY SINGLE - FAMILY. (REZ09. 00007) WHEREAS, the applicant, Arlington Development, Inc. has requested a rezoning of property located on Huntington Drive west of Taft Avenue from Interim Development Single - Family (ID -RS) to Medium Density Single - Family (RS -8) zone; and WHEREAS, the Comprehensive Plan indicates that this area is appropriate for single - family development; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions required to address the future upgrade of Taft Avenue and additional buffering for lots fronting on Taft Avenue; 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 applicant has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of ID -RS to RS -8: BEGINNING at the Northeast corner of Windsor Ridge Part Twenty One, Iowa City, Iowa, in accordance with the recorded Plat thereof; Thence S89 059'58 "W, along the North line of said Windsor Ridge Part Twenty One, 516.49 feet; Thence N38 °28'20 "E, 234.34 feel; Thence N00 °09'52 "W, 528.71 feet; Thence N07 021'53 "W, 190.04 feet; Thence N89 °00'06 "E, along the South line of Stone Creek Subdivision, Iowa City, Iowa, in accordance with the recorded Plat thereof, 380.83 feet, to a point on the East line of the Southeast One - Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S00 059'54 "E, along said East line 907.40 feet, to said POINT OF BEGINNING, containing 7.91 acres, and subject to easements and restrictions of record. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the 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. �1 Ordinance No. 09 -4375 Page 2 SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Pass d and approved this 14th day of December 120 09 c / !. 7 MAY ATTEST: j I CI CLERK i �� t [ t� �L Approved by h //,7 a /J�GL�Lld / Lw�rozzi �CityAttorney'sOffice J Ordinance No. 09 -4375 Page 3 It was moved by Hayek 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— Correia x Hayek x O'Donnell x Wilburn x Wright First Consideration 11/17/2009 Vote for passage: AYES: Champion, Hayek, O'Donnell, Wilburn, Wright, Bailey. NAYS: None. ABSENT: Correia. Second Consideration 121112009 Vote for passage: AYES: Champion, Correia, Hayek, O'Donnell, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. Date published 12/23/2009 Prepared by: Sarah Walz, Associate Planner, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5239 (REZ09- 00007) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Arlington Development, Inc. (hereinafter "Owner "): WHEREAS, Owner is the legal title holder of approximately 7.91 acres of property located on Huntington Drive West of Taft Avenue; and WHEREAS, the Owner has requested the rezoning of said property from Interim Development Single- Family (ID -RS) to Medium Density Single- Family (RS -8); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the future upgrade of Taft Avenue and the need to buffer development on lots abutting Taft Avenue, 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 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 right -of -way improvements and buffering development from traffic along the arterial street; and WHEREAS, the Owner agrees 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. Arlington Development, Inc. is the legal title holder of the property legally described as follows: BEGINNING at the Northeast corner of Windsor Ridge Part Twenty One, Iowa City, Iowa, in accordance with the recorded Plat thereof; Thence S89 °59'58 "W, along the North line of said Windsor Ridge Part Twenty One, 516.49 feet; Thence N38 °28'20 "E, 234.34 feet; Thence N00 °09'52 "W, 528.71 feet; Thence N07 °21'53 "W, 190.04 feet; Thence N89 °00'06 "E, along the South line of Stone Creek Subdivision, Iowa City, Iowa, in accordance with the recorded Plat thereof, 380.83 feet, to a point on the East line of the Southeast One - Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S00 °59'54 "E, along said East line 907.40 feet, to said POINT OF BEGINNING, containing 7.91 acres, and subject to easements and restrictions of record. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. 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 pptlatlMagVcza rez0M0007 stone bntlge 10 doc 1 'l1 satisfy public needs caused by the requested change, including the future upgrade of Taft Avenue and appropriate buffers for lots that front on to the arterial street. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Developer shall. grant to City necessary temporary construction easements, as determined by the City, at no expense to the City, for the improvement of Taft Avenue to City standards; b. Developer shall contribute 12.5% of the cost of upgrading to City standards that portion of Taft Avenue adjacent to the land currently being rezoned, as described in paragraph 1 above, pursuant to Iowa City Ordinance 15 -3 -2K; c. lots adjacent to Taft Avenue shall be a minimum of 140 feet in depth; d. A minimum of 50% of the landscaping along Taft Avenue shall be comprised of evergreen plantings. The landscaping in all other aspects shall substantially comply with the attached landscaping plan. 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 acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 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. «k Dated this _4 of nFCr-wAF-e 200 _. CITY OF IOWA CITY ARLINGTON DEVELOPMENT. INC. ppdadm/agVcza rez09 -00007 stone bndge 10.doc 2 �� z Art L 6 6 r i1'e ,-fol- QeVe(6rm-e r. L� N" Reg P. Bailey, Mayor By: Attest: )1144 e;?6,j /� .ate Mahan City Clerk Approved by: �tciG- /VUITG7 /'FF�K�//�7✓ City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 0 On this /4}~ day of OELEMSEr2 , A.D. 20 c,17_, before me, the undersigned, a notary public in and for the State of Iowa, 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 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. ocp't ^l m�, SONDRAEFORT� z r Comnssion Number 159791 Fwb tow 3 y Comei� Ewes Notary Public in and for the State of Iowa ARLINGTON DEVELOPMENT, INC. ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this /7 day of A)ou €n 2009, by J NN N6k4mw -�Te (name(s) of person(s)) as Org€cge (type of authority, e.g., officer, trustee, etc.) of Arlington Development, Inc SONDRAE FORM Commission Number f59791 My Commission Expires 0 ._._..�3„ -7/ c2" .. �— S Notary Public in and for the State of Iowa ppdadmlagVCZa rezOM0007 stone badge Mew 3 / i m �r n mF T.2 ~r - rm Z N N � LA r �] r C m° om I r pj➢ r0 A A N m m ~ O n �^ N,AO -O O � C DtnO r N C _ N ZD� N Z O r I N m° om K A or m °A Ipm moo -ora z ° N ➢ - y Z O c DoC mmN oc vA2 Z A C 3 N < N H m y m N A cr m�z A zsm N c z 2 n�z m A o � ZI O A AC m O N A i m ------- -i -------------- F -------------- r---- - - - - -- Huntington Drive n A m -I m N Taft Avenue _ °o k � 0000 CD Cn r' ° m rn' fi y° DZDD S a o_ m Y mO mO ( ttj OR z� C Z�Cf)W @� O CD �Dy �u"iDm �xA�i u Z m El (O CJ "CF C ;1�7 ID Kind: AGREEMENT Recorded: 12/30/2009 at 10:57:28 AM Johnson 0ount00lowae 1 of 7 Kim Painter County Recorder 3 13K4543 P0827 STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org On the 21" day of October, 2008, Exhibit A was approved by Resolution 08 -316, and previously recorded unsigned in Book 4360, Pages 382 -395 on October 24, 2008. I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby state that the attached Exhibit A is now fully executed for recording. Dated at Iowa City, Iowa, this 28th day of December 2009. Marial,I-K. Karr City Clerk \rnaterial ✓0 EXHIBIT "A" LICENSE AGREEMENT FOR THE TEMPORARY USE OF A PEDESTRIAN ACCESS EASEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND RBD IOWA CITY LLC This Agreement ( "Agreement ") is entered into between RBD Iowa City LLC, a Delaware limited liability company, (hereinafter "RBD" and /or "Owner ") and the City of Iowa City, an Iowa municipal corporation ( "City"). WHEREAS, RBD is the current owner of the Sheraton Hotel located at 210 Dubuque Street in downtown Iowa City, Iowa (the "Hotel "); and WHEREAS, in order to provide public pedestrian access between the Pedestrian Mail and Dubuque Street, there exists a certain Pedestrian Access Easement Agreement dated December 12, 1983, which is recorded at Book 726, Page 174, in the Recorder's Office of Johnson County, Iowa (the "Easement Agreement"), that grants the City (i) an interior pedestrian access easement through the interior of the Hotel that is approximately twenty-five feet (25') wide and is open twenty-four hours a day, seven days a week (24/7) (the "Interior Easement ") and (ii) an exterior public pedestrian access easement along the western wall of the Hotel that is approximately twelve and one -half feet (125) wide and is open twenty-four hours a day, seven days a week (24/7) (the "Exterior Easement "); and WHEREAS, RBD desires to make certain improvements to the Hotel, including but not limited to the expansion and enhancement of the lobby and the improvement of security and climate control (collectively, the "Improvements "), and to that end, requests that the City agree to issue a revocable license over a portion of the Easement Agreement which allows the Hotel to occupy a portion of the Interior Easement, effectively reduces the width of the Interior Easement from its present width to approximately twelve feet (12') and allows the Hotel to close access through the Interior Easement between the hours of 11:00 p.m. and 6:00 a.m; and WHEREAS, the parties to this Agreement desire to memorialize their agreement regarding their respective responsibilities and duties under a license agreement for the temporary use of a portion of the Interior Easement, NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, CONDITIONS AND WARRANTIES CONTAINED HEREIN, IT IS AGREED AS FOLLOWS: me 1 ?% 1. The City hereby issues a temporary license for a portion of the Interior Easement, thereby effectively reducing the width of the remaining easement area to approximately twelve feet (12'), as depicted on Exhibit "A ", attached hereto and incorporated herein (the "Licensed Interior Easement "). This license also alters the Owner's obligation to provide pedestrian access through the Interior Easement on a twenty -four hour, seven days a week (24/7) basis and allows the Owner to control access over the entire Interior Easement between the hours of 11 p.m. and 6 a.m., seven days a week. The City hereby retains all other rights and interest in the Interior Easement as per the terms set forth in the Easement Agreement. The Parties expressly agree and acknowledge that this License Agreement shall not, by operation of the doctrine of merger or any other theory, permanently reduce or alter the City's rights and interests in the Interior Easement as set forth in the Easement Agreement. 2. Notwithstanding the above, the Owner agrees to cease and desist its use, occupancy and control over any portion or all of the Licensed Interior Easement and to remove any and all improvements, obstructions or debris from the Licensed Interior Easement upon the occurrence of any one of the following events and the determination by the City that, as a result thereof, the License shall be revoked in whole or in part: a. Owner or any successor undertakes a major redevelopment of the Hotel, whether or not such major redevelopment is at the Owner's sole discretion or the result of the damage or destruction of the Hotel by fire, explosion, act of God, or public enemy; for the purposes of this Agreement, "major redevelopment" shall mean a project in which all or substantially all of the existing Hotel is demolished and re -built over a consecutive three (3) year period from the time the first building permit is issued. For the purposes of this Agreement, "substantially all of the existing hotel" shall mean the demolition and rebuilding of seventy -five percent (75 %) or more of the existing physical structures at the time the first building permit is issued; or b. Owner or any successor decides in its sole discretion to convert the use of the Hotel to any principal use other than a hotel. In the event that any of the events described in paragraph 2 a. or b of this Agreement occur and the City determines that, as a result thereof, the License shall be revoked, in whole or in part, the City shall notify the Owner of such determination and the Owner shall be required to remove any and all improvements, obstructions or debris within the Licensed Interior Easement that, in the City's sole deternunation, interfere with the City's rights under the Easement Agreement and the License (in the event the License is revoked in part 7 M and not in whole). If Owner fails to remove any and all improvements, obstructions or debris from the Licensed Interior Easement as required in this paragraph, the City may remove such improvements, restore the area to its prior condition, and the cost thereof shall be billed to Owner for payment to City. Upon Owner's failure to pay said billing, the removal and restoration costs shall be certified to Johnson County as a statutory lien and assessed against the property and collected in the same manner as a property tax, as provided in Section 364.12(2)(e), Iowa Code (2007). 3. Owner agrees to indenurify, defend and hold the City harmless against any and all claims for bodily injury, death or property damage arising out of its actions, occupancy and use of the Licensed Interior Easement, including those of its contractors, subcontractors, agents, employees and assigns. Owner further agrees to carry Class II liability insurance in the minimum amounts of $500,000 each occurrence, $1 million aggregate bodily injury, and $250,000 aggregate property damage with contractual liability coverage included. Upon request, Owner shall furnish a certificate of insurance evidencing said valid insurance coverage to City, which certificate must be satisfactory to the City. 4. Owner and City agree that no property right is conferred by this License and grant of permission to occupy and use the Licensed Interior Easement as outlined in paragraph 1. 5. 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 6. This License Agreement for Temporary Use of a Pedestrian Access Easement shall be recorded in the Johnson County Recorder's Office at Owner's expense. Dated this day of 2008. Signatures on the folloeoing page. '8 1% -3) 1_<eotbzY � Dated this a day of October 200 . RBD IOWA CITY LLC. a Delaware limited liability company By: RBD IOWA CITY HOLDINGS LLC, a Delaware limited liability company, its Sole Member By: DIG Iowa City LLC, a Delaware limited liability company, its Manager By: J hn Belden, President CITY OF IOWA CITY, IOWA By, 46"- Rege a jBailey, Mayor / Attest: / / /�Sr <�s�v% -1k Marian K. Karr, City Clerk CITY ACKNOWLEDGEMENT STATE OF IOWA ) )ss: JOHNSON COUNTY ) CORPORATE SEAL On thiO 2 Kd day of 9etobex, 28, before me, the undersigned, a Notary Public in and for the above -named county and state, personally appeared Regenia D. Bailey and Marian K. Kam, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, for 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. Notary iblic in and r the State of Iowa '113111 NOTANUIV, (t "IN X, 4 RBD IOWA CITY LLC. ACKNOWLEDGEMENT STATE OF TENNESSEE ) )ss: COUNTY OF SHELBY ) On thisO`�r day of October, 2008, before me, the undersigned, a Notary Public in and for the above -named county and state, personally appeared John A. Belden, to me personally known, who being by me duly sworn, did say that he is the President of RBD IOWA CITY LLC, executing the within and foregoing instrument by authority of RBD IOWA CITY LLC and that the said John A. Belden 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 Public in and f e State of Tennessee 10 E Pi j i`; ilf r Sly .......... j , Vo- p" CD K m \k I O / r e8gr.gaae^,ocseF 94g"c 68E4€cx:c s no �' V ETa � g i nZ Z i e i 418 D m M e.X e =�Z