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HomeMy WebLinkAboutJohnson County Recorder 2007Page 1 1 Res #07 -7, attest documentation for the partial release of a school site covenant. 01/12/07 2 Res 07 -10, attest the release of a common drive /access easement centered between lots 01/12/07 54 and 55 in the Peninsula Neighborhood Second Addition, Iowa City, Iowa. 3 Res #07 -9, accepting the dedication of Outlot C, as platted in Wild Prairie Estates Part Five, 01/12/07 Iowa City, Iowa, to the City of Iowa City. 4 Res #07 -30, 28E agreement between the City of Iowa City and Johnson County regarding 01/23/07 Improvements to a portion of Lower West Branch Road. 5 Res #06 -92, 28E agreement among the City of Iowa City and certain other cities and 01/29/07 Independent Fire Districts in Johnson County, Iowa, for mutual fire and protection. 6 Res 07 -26, approving the final plat of Kennedy's Waterfront Addition — Part Four, Iowa City, 01/29/07 Iowa. 7 Iowa City Board of Adjustment Decision of January 10, 2007 (I)APL06- 00004, approves 02/06/07 application appealing the decision of the Historic Preservation Commission to deny a Certificate of Appropriateness for a proposed building to be located in the Neighborhood Stabilization Residential (RNS -20) zone and Conservation District Overlay (OCD) zone At 923 Iowa Avenue. 8 Ord #07 -4250, rezoning 17.75 acres of land located east of Mormon Trek Boulevard at Eagle 02/12/07 View Drive and Grace Drive from Intensive Commercial (CI -1) to Office Commercial (CO -1). 9 Res 407 -54, opening certain City property to the public, dedicating said property as Public 02/23/07 Right -Of -Way and designating said property an alley. 10 Res #07 -55, authorizing the Mayor to sign and the City Clerk to attest an agreement between 02/23/07 the City of Iowa City and ACT, Inc. to use a portion of City streets and public Rights -Of -Way for the installation, operation and maintenance of a Fiber Optic Network. 11 Res #07 -38, approving the final plat of Stone Bridge Estates — Part Five, Iowa City, Iowa. 03/01/07 12 Amended Site Grading and Erosion Control Plan and Sensitive Areas Development Plan for 03/02/07 Windsor West Subdivision. 13 Ord #07 -4254, conditionally rezoning approximately .2 acres of property located west of 03/23/07 Diana Street and south of Kirkwood Avenue, from Low Density Single Family Residential (RS -5) to Commercial Office (CO -1). 14 Ord #07 -4255, conditionally rezoning approximately 1.03 acres of property located at 1902 03/23/07 and 1906 Broadway Street, from Commercial Office (CO -1) to Community Commercial (CC -2) 15 Res #07 -61, approving preliminary and final plat of Olde Towne Village, Part 2, Iowa City. 04/04/07 16 Res #07 -102, approving amendment to restrictions and covenants for the North Airport 04/06/07 Development Sundivisions, a/k/a Aviation Commerce Park and a/k/a North Commercial Area. Page 2 17 Ord #07 -4257, rezoning approximately 12 acres located on Ruppert Road West of Riverside 04/06/07 Drive from Community Commercial (CC -2) to Intensive Commercial (CI -1). 18 Res #07 -106, approving final plat of Silvercrest Residential Community — Part 3, Iowa City. 04/09/07 19 Res 07 -105, approving final plat of First American Bank Addition, a Resubdivision of Lot 2 04/23/07 of Ruppert Hills, Iowa City, Iowa. 20 Ord 407 -4248, amending the Planned Development Overlay Plan for the Peninsula 04/24/07 Neighborhood. 21 Ord #07 -4259, rezoning approximately 5.75 acres of property located along a portion 05/04/07 of South Governor and Bowery Streets from neighborhood stabilization residential (RNS -12) zone to medium density single family (RS -8) zone. 22 Iowa City Board of Adjustment Decision of March 28, 2007 (1) EXC07- 00001, approval to 05/14/07 allow a reduction in the required front yard setback for property located in the Low Density Single - Family (RS -5) zone at 526 West Park Road from 15 feet to 5 feet subject to general conformity with the submitted site plan. (2) EXC07- 00002, approval to allow a drive - through facility in a CC -2 zone, located at the corner of Highway 6 and Broadway Street subject to compliance with the submitted site plan and elevations, all conditions of the CZA for the property, and the following additional concerns 1 -8. 23 Iowa City Board of Adjustment Decision of April 11, 2007 (1) EXC07- 00003, approval to 05/14/07 reduce the number of required parking spaces within the I -2 and /or I -1 zone from 76 to 38 spaces, for property located along Izaak Walton Road, subject to submittal and approval of a site plan demonstrating compliance with all design and screening requirements for off - street parking in Industrial Zones. 24 Ord #07 -4261, rezoning approximately 0.77 acres of property located at 828 E Washington 05/17/07 Sheet from Neighborhood Stabilization Residential /Conservation District Overlay (RNS- 20 /OCD) Zone to Planned Development Overlay/Neighborhood Stabilization Residential /Conservation District Overlay (OPD /RNS- 20 /OCD) Zone. 25 Res #07 -170, approving the preliminary and final plat of Pepperwood Plaza, a subdivision 06/06/07 of Iowa City, Iowa. 26 Ord #07 -4263, rezoning approximately 14.5 acres from Heavy Industrial (I -2) to General 06/08/07 Industrial (1 -1) and rezoning approximately 36.65 acres to Planned Development Overlay/ General Industrial (OPD/I -1) and approving a Sensitive Areas Development Plan for property located north of Izaak Walton Road east of Oakcrest Hill Road. 27 Res #07 -166, attest a stormwater management easement agreement and sanitary sewer 06/08/07 Easement agreement for Lot 1, B.D.I. Third Addition, (ACT McCarrel Distribution Center), Iowa City, Iowa. 28 Res #07 -165, attest a stormwater management easement agreement, sanitary sewer easement 06/08/07 Agreement and water main easement agreement for ACT Main Compus, Iowa City, Iowa. Page 3 29 Iowa City Board of Adjustment Decision of May 9, 2007 (1) EXC07- 00004, approval for 06/05/07 a communications transmission facility in the CI -I zone located at 612 Olympic Court subject to compliance with the site plan and specification regarding the tower design submitted. 30 Res #07 -183, renewal of a Chapter 28E agreement for emergency radio communications 06/25/07 between the City of Iowa City, Iowa and Johnson County, Iowa. 31 Res #07 -184, a Chapter 28E agreement for public safety dispatch services between the 06/25/07 City of Iowa City, Iowa, and the City of University Heights, Iowa. 32 Res #07 -185, a renewal of a Chapter 28E agreement for emergency radio communications 06/25/07 between the City of Iowa City, Iowa, and the University of Iowa. 33 Iowa City Board of Adjustment Decision of July 11, 2007 (1) EXC07- 00005, approval of 08/14/07 an application submitted by the Korean United Methodist Church, Inc. to allow construction of a new sanctuary and parking lot for property in the Low Density Single Family Residential (RS -5) zone at 4032 Rohret Road, subject to substantial compliance with the proposed site plan and the following conditions. (2) VAR07- 00001, approval of an application submitted by Jeff Clark for a variance from the zoning ordinance to allow access to north Governor Street for a two family use in the RNS -12 zone, subject to a landscaping plan to prevent parking in the front yard, stabilize the streambank, and buffer the appearance of the additional paving. 34 Res 407 -239, attest a Sanitary Sewer and Watermain Easement agreement and a Drainage 08/28/07 Easement agreement for South Gilbert Street has facility in Iowa City, Iowa. 35 Res #07 -240, attest a Sanitary Sewer Easement agreement for 3331 -3341 Rohret Road 08/28/07 hr Iowa City, Iowa. 36 Res #07 -258, attest an agreement between the City of Iowa City and Johnson County, Iowa 08/28/07 to use a portion of city streets and public rights -of -way for the installation, operation, and maintenance of a fiber optic network. 37 Ord #07 -4273, conditionally rezoning approximately 15.42 acres of land located south and 08/28/07 west of Whispering Meadows Drive from Medium Density Single Family Residential (RS -8) to High Density Single Family Residential (RS -12). 38 Ord #07 -4274, conditionally rezoning approximately 34.86 acres of land located south and 08/28/07 west of Whispering Meadows Drive from Medium Density Single Family Residential (RS -8) and High Density Single Family Residential (RS -12) to Planned Development Overlay 8 (OPD -8) and Planned Development Overlay 12 (OPD -12) 39 Ord #07 -4275, rezoning approximately 2.35 acres of property located at 802 S. Clinton 08/28/07 Street from Intensive Commercial (CI -1) zone to Neighborhood Public (P -1) zone. 40 Res #07 -246, voluntary annexation of 14 acres of land owned by Rellim Farms, L.L.C. 08/30/07 and 1.89 acres of land owned by the City of Iowa City located north of Lower West Branch Road, Brentwood Drive, and Broadmoor Lane. 41 28E Agreement between Johnson County, Iowa, and the City of Iowa City for the Provision 09/07/07 Of Commercial and Industrial Electrical Inspections. Page 4 42 Res #07 -271, approving the Fourth Amendment to the Peninsula Neighborhood Development 09/07/07 Agreement between the City of Iowa City and Peninsula Development Company, L.L.C. 43 Ord #07 -4277, conditionally rezoning approximately 14 acres of land from County Residential 09/07/07 (R) to Low Density Single Family Residential (RS -5) and approximately 1.89 acres of land From County Residential (R) to Neighborhood Public (P -1) located north of Lower West Branch Road, Brentwood Drive, and Broadmoor Lane. 44 Res #07 -288, attest the release of a public walkway /trail easement agreement and authorizing 10/04/07 the Mayor to sign and the City Clerk to attest a permanent recreation hail easement agreement substituted in lieu thereof for the Court Hill Trail project. 45 Res #07 -292, attest an access easement and parking agreement with Hieronymus Square 10/04/07 Associates for the development of certain lots on Block 102, Iowa City, Iowa. 46 Ord #07 -4283, rezoning approximately 0.95 acres of land at 805 and 817 South Gilbert Street 10/04/07 from Intensive Commercial (CI -1) to Community Commercial (CC -2). 47 Iowa City Board of Adjustment Decision of August 8, 2007 (1) FXC07- 00006, approval to 10/15/07 allow private, off-street parking in the Central Business (CB -10) zone at 314 and 328 S. Clinton Street, subject to general compliance with the application submitted. 48 Ord #07 -4284, rezoning approximately 45.04 acres of property located east of Camp Cardinal 1 0/19/07 Boulevard and south of Kennedy Parkway from Interim Development Office Research Park (ID -ORP) zone to Medium Density Single - Family Residential (RS -8) zone with a Planned Development Overlay (OPD -8) zone for approximately 33.69 acres, Interim Development Single - Family Residential (ID -RS) zone for approximately 9.32 acres, and Interim Development Office Commercial (ID-CO 1) zone for approximately 2.03 acres. (Recorded w/o plats — See item 00 for re- recording) 49 Res #07 -294, approving final plat of JJR Davis Fourth Addition, Iowa City, Iowa. 10/25/07 50 Ord #07 -4284, rezoning approximately 45.04 acres of property located east of Camp Cardinal 10/25/07 Boulevard and south of Kennedy Parkway from Interim Development Office Research Park (ID -ORP) zone to Medium Density Single - Family Residential (RS -8) zone with a Planned Development Overlay (OPD -8) zone for approximately 33.69 acres, Interim Development Single - Family Residential (ID -RS) zone for approximately 9.32 acres, and Interim Development Office Commercial (ID -CO 1) zone for approximately 2.03 acres. (Previously Recorded w/o plats — See item #48) 51 Ord #07 -4274, conditionally rezoning approximately 34.86 acres of land located south and 11/05/07 west of Whispering Meadows Drive from Medium Density Single Family Residential (RS -8) and High Density Single Family Residential (RS -12) to Planned Development Overlay 8 (OPD -8) and Planned Development Overlay 12 (OPD -l2) (Previously Recorded w/o plats — See item #38) 52 Final Planned Development Overlay (OPD) Plan for the Peninsula Revised First, Second, and 11/14/07 Third Additions. Page 5 53 Iowa City Board of Adjustment Decision of October 10, 2007 (1) EXC07- 00007, approval 11/19/07 of a special exception to reduce the required principal building setback from 15 to I I feet (front setback) and 5 feet to 3 feet (side setback) subject to general compliance with the application submitted; and to reduce the setback for an accessory structure (uncovered deck) from 10 feet to 5 feet (front setback) and 5 feet to 3 feet (side setback) subject to removal of the existing privacy fence, providing five feet of landscaped space between the retaining wall and the deck, screening area beneath the deck, and no re- installation of a fence between the deck and the right of way. 54 Res #07 -330, approving the final plat of Cardinal Pointe South, Part One and Part Two. 12/03/07 55 Iowa City Board of Adjustment Decision of November 14, 2007 (1) APL07- 00002, denial 12/06/07 of an appeal and upholds the decision of the building official to deny a rental permit based on over - occupancy for property located at 932 East College Street. Doc ID: : 020753050005 TVDe: GEN Recorded: 01/12/2007 at 03:22:41 Fee Amt: $27.00 Pace 1 of 5 Johnson Countv Iowa Kim Painter Countv Recorder BK4120 P0388 -392 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. 07 -7 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 9`" day of January, 2007, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 11`h day of January, 2007. Marian . Karr City Clerk fires 4e 6 Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 07 -7 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST DOCUMENTATION FOR THE PARTIAL RELEASE OF A SCHOOL SITE COVENANT WHEREAS, in August of 1994 the City rezoned approximately 422 acres of land located south of Highway 6 subject to the terms of a conditional zoning agreement with the owner, Sycamore Farms Company; WHEREAS pursuant to paragraph 40) of said conditional zoning agreement, which is recorded at Book 1793, Page 211 with the Johnson County Recorder, Sycamore Farms Company did covenant with the City of Iowa City, to reserve a fifteen acre tract of land within the parcel being rezoned for conveyance and use as a public school site by the Iowa City Community School District.; WHEREAS, said covenant remains in effect until released of record by the City or the expiration of 15 years from the date of the conditional zoning agreement, whichever may sooner occur; WHEREAS, the current owner of the property has requested that the City release the following - described portion of the property, consisting of approximately 51 acres, from the school site covenant within the conditional zoning agreement; and 51.51 +/- acres in Iowa City, Johnson County, Iowa, and legally described as: A portion of the NW1 /4 NW1 /4 and SW1 /4 NW1 /4 Section 25, Township 79 North, Range 6 West of the 5`h P.M., described as follows: Auditor's Parcel 2003096 according to the plat thereof recorded in Book 46, Page 137, Plat Records of Johnson County, Iowa. Excepting therefrom Saddlebrook Meadows Part 1, Iowa City, Iowa, according to the plat thereof recorded in Book 49, Page 3, Plat Records of Johnson County, Iowa. WHEREAS, Iowa City Community School District Superintendent has given the City notice indicating the School District does not wish to designate a school site within said portion of the property, and consents to the release of said property from the covenant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds it is in the public interest to release the above - described real estate from the above - described covenant. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the Partial Release of Covenant attached hereto. 3. The City Clerk is hereby authorized and directed to certify a copy of this resolution for recordation in the Johnson County Recorder's Office, along with the partial release, said recording cost be paid by the owner of the subject property. Resolution No. 07 -7 Page 2 Passed and approved this 9th day of jaamff4 20 07 C Jp X MAYOR ATTEST: e. `7.yt/ CITY LERK x Approved gy % City ttorney's Office Resolution No. Page 3 07 -7 It was moved by Bailey and seconded by vanderhoef the Resolution be adopted, and upon roll call there were: AYES: x x X Y X x x NAYS: I'p\:I.9:111 Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Prepared by and Return lo: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 PARTIAL RELEASE OF SCHOOL SITE COVENANT The City of Iowa City does hereby release the following described property from all its right, title, and interest in the covenant regarding dedication of a school site contained within paragraph 40) of the conditional zoning agreement recorded at Book 1793, Page 211 with the Johnson County Recorder and the encumbrances placed on the property by virtue of said covenant: 51.51 +/- acres in Iowa City, Johnson County, Iowa, and legally described as: A portion of the NW1 /4 NW1 /4 and SW1 /4 NW1 14 Section 25, Township 79 North, Range 6 West of the 5th P.M., described as follows: Auditor's Parcel 2003096 according to the plat thereof recorded in Book 46, Page 137, Plat Records of Johnson County, Iowa. Excepting therefrom Saddlebrook Meadows Part 1, Iowa City, Iowa, according to the plat thereof recorded in Book 49, Page 3, Plat Records of Johnson County, Iowa. F ATTEST: / /I�.) X--), 7«�t/ CITY LERK STATE OF IOWA ) ) ss: JOHNSON COUNTY ) City Attorney' Office On this �� day of IL40Ntzy A.D. 20 o7 , before me, the undersigned, a notary public in and for the Sate of Iowa, personally appeared Ross Wilburn 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. Jam FDRAE FORT i on Number 158791 mnil Sion E Tres Q�(�Z ow Notary Public in and for the State of Iowa Doc ID: 020752410004 Tvoe: GEN Recorded: 01/12/2007 at 12:48:03 PM Fee Amt: $22.00 Pace 1 of 4 Johnson Countv Iowa Kim Painter Countv Recorder BK4119 PG951.954 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. 07 -10 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 9'h day of January, 2007, all as the same appears of record in my office. City Clerk Ves Z Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319 - 356 -5030 RESOLUTION NO. 07 -10 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A COMMON DRIVE /ACCESS EASEMENT CENTERED BETWEEN LOTS 54 AND 55 IN THE PENINSULA NEIGHBORHOOD SECOND ADDITION, IOWA CITY, IOWA WHEREAS, during the platting of the Peninsula Neighborhood Second Addition, the City and public were granted an interest in the Common Drive /Access Easement centered on the property line between Lots 54 and 55 in the Peninsula Neighborhood Second Addition, Iowa City, Iowa; and WHEREAS, due to a redesign of some portions of the development, this easement will not longer be used to provide access to the lots and releasing the easement will increase buildable area on the lots and ensure individual access points for each lot; and WHEREAS, for the reasons stated above, Housing and Inspection Services recommends release of the easement as being in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds it is in the public interest to release the Common Drive /Access Easement described as "12' Common Drive" centered on the properly line between Lots 54 and 55, Peninsula Neighborhood Second Addition, Iowa City, Iowa, according to the final plat thereof. 2. The City of Iowa City does hereby abandon, release and relinquish all right, title and interest in the "12' Common Drive" easement centered on the property line between Lots 54 and 55, Peninsula Neighborhood Second Addition, Iowa City, Iowa, and the mayor is hereby authorized to sign, and the City Clerk to attest, a release of said easement sufficient for recordation. 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 release, said recording costs to be paid by the property owner, Peninsula Development Company, L.L.C. Passed and approved this 9th day of Sanua 2007. MAYOR ATTEST: / /i!� r..„) 7� • `7�Gt S t� CITY'CLERK I/ Resolution No. Page 2 07 -10 It was moved by Bailey and seconded by yanderhoef the Resolution be adopted, and upon roll call there were: AYES: x x Y x _%_ x x NAYS: M-L OT IN Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Prepared by: Sarah E. Holeeek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319- 356 -5030 RELEASE OF COMMON DRIVE /ACCESS EASEMENT The City of Iowa City, Iowa, does hereby release the property legally described as "12' Common Drive" as originally shown on the Final Plat of the Peninsula Neighborhood Second Addition, Iowa City, Iowa, as centered on the property line between Lots 54 and 55, Peninsula Neighborhood Second Addition, Iowa City, Iowa, according to the final plat thereof, from a lien or cloud upon the title placed thereon by any easement granted to the City of Iowa City, Iowa through the final platting instruments, including, but not limited to, the Water Main, Public Access and Public Utility Easement Agreement and /or the Dedication and Statement of Consent. The City of Iowa City, Iowa hereby releases said Common Drive /Access Easement as specifically designated and described in the foregoing instruments from any and all interest the City of Iowa City may have in said property by operation of the foregoing instruments. The City retains all other easements shown on said final plat not specifically released by this document. CITY OF A CI(—j Y, IOA BY:! �61� Ross Wilburn, Mayor Attest: 2 /(tis -« J � Marian K. Karr, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) r • '` On this 94`1 day of January, 2007 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation; and that the said Ross Wilburn and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Jy1ua Tmclos NORAE FORT Notary Public in and for the State of Iowa z° Comsion Numbor 159791 Mo mi slon& Ices ow ca V Doc ID: 020753040005 Tyne:GEN Recorded: 01/12/2007 at 03:17:15 PM r 1 Fee Amt: $32.00 Pape 1 of 6 = .,Johnson County Iowa !° ®� "Kim Painter County Recorder t dlll BK4120 PG383.387 "` i ®® CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356.5000 (319) 356 -5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 07 -9 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 9th day of January, 2007, all as the same appears of record in my office. Dated at Iowa City, Iowa, this I Ith day of January, 2007. Marian 'K. Karr City Clerk fires Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319 - 356 -5030 RESOLUTION NO. 07 RESOLUTION ACCEPTING THE DEDICATION OF OUTLOT C, AS PLATTED IN WILD PRAIRIE ESTATES PART FIVE, IOWA CITY, IOWA, TO THE CITY OF IOWA CITY WHEREAS, The Subdivider's agreement for Wild Prairie Estates Part Five contemplated the dedication•, of Outlot C to the City of Iowa City in partial fulfillment of the Neighborhood Open Space requirements imposed on both Wild Prairie Estates Parts 4 and 5; and WHEREAS, as the requirements for the acceptance of this Outlot have been fulfilled by the developer, staff recommends acceptance of this dedication; and WHEREAS, as it is in the public interest to provide public open space and other public recreational amenities within the City, the acceptance of Outlot C, Wild Prairie Estates Part Five is in the public interest as it will allow the area to be used by the public for this purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council of Iowa City, Iowa finds it is in the public interest to accept the dedication of Outlot C, Wild Prairie Estates Part Five, and the same is hereby accepted by the City of Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to record the deed for Outlot C, Wild Prairie Estates Part Five, together with a certified copy of this Resolution, in the Office of the Recorder, Johnson County, Iowa, at the City's expense. Passed and approved this 9th day of January ( 2007. , MAYOR Ap aved -bp City Attor y f e ..% l -off ATTEST: CIT�RK CORPORATE SEAL 3 Resolution No. Page _2 It was moved by Bailey and seconded by adopted, and upon roll call there were: AYES: x x —x x x x x NAYS: Vanderhoef the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn fJ ,TA > >: WARRANTY DEED ` o (CORPORATE GRANTOR) ' THE IOWA STATE BAR ASSOCIATION •(ri -� �`.- Official Form No. 104 't `u Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Philip A. Leff 222 S. Linn St., P. 0. Box 2447 Iowa City, IA 52244 (319) 338 -7551 Taxpayer Information: (Name and complete address) City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Return Document To: (Name and complete address) Philip A. Leff 222 S. Linn Street, P.O. Box 2447 Iowa City, IA 52244 Grantors: Kennedy - Hilgenberg Enterprises, Inc. Legal description: see Page 2 Grantees: City of Iowa City, Iowa, a Municipal Corporation Document or instrument number of previously recorded documents: 0 The Iowa Stale Bar Association 2005 10WADOCS@ 3 THE IOWA STATE BAR ASSOCIATION Official FGRn No. 104 ISBA N , FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER ax WARRANTY DEED �` ,� (CORPORATE GRANTOR) ' S For the consideration of ------------- ONE--------- - - - - -- Dollar(s) and other valuable consideration, Kennedy — Hilgenberg Enterprises, Inc. a corporation organized and existing under the laws of Iowa does hereby Convey to City of Iowa City, Iowa, a Municipal Corporation, the following described real estate in_ Johnson _County, Iowa: Outlot "C" of Wild Prairie Estates, Part :Five, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 47, Page 187, Plat Records of Johnson County, Iowa, subject to easements and restrictions of record. This deed is a conveyance to comply with the Grantor's obligation to dedicate, as part of the Subdivision Agreement, the property described herein to the Grantee. It is without consideration and exempt from Declaration of Value and Groundwater Hazard Statement. The Corporation hereby covenants with grantees, and successors in interest, that it holds the real estate by title in fee simple; that it has good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances, except as may be above stated; and it covenants to Warrant and Defend the real estate against the lawful claims of all persons, except as may be above stated. Words and phrases herein, including acknowledgment hereof, shall, be construed as in the singular or plural number, according to the context. KENNEDY — HILGENBERG ENTERPRISES, INC. Dated: December 14, 2006 gy / e y gene ecre a Title By (t. J mes R. Kennedy, Pre dent Title STATE OF IOWA COUNTY OF JOHNSON This instrument was acknowledged before me on December 14, 2006 by Jerry J. Hilgenberg and James R. Kennedy as Secretary and President. respectively. of Kennedy-Hilgenberiz Enterprises. JOANNE BRADY , N Public Commission Numbor 132788 fAy CO mis.10,,�I,E/�X rCa • 400 ...47!(.54._ OThe lava State BarAasodation 2005 104 WARRANTY DEED ICORPORATE GRANTOR) IOINAOOCSD Remwd Acne 2005 �a N° AMA,ke ­- taer,en C SL Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington Street, Iowa City, IA 52240 319/356 -5030 RESOLUTION NO. 07 -30 RESOLUTION AUTHORIZING THE EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY REGARDING IMPROVEMENTS TO A PORTION OF LOWER WEST BRANCH ROAD WHEREAS, both the City of Iowa City ( "the City ") and Johnson County ( "the County ") are public agencies as defined by Section 28E.2 of the Code of Iowa (2005); and WHEREAS, the City and the County recognize that the portion of Lower West Branch Road located in Section 7 -79 -5 of Johnson County, Iowa presently sits in part on County right -of -way, and in part on City right -of -way; and WHEREAS, Lower West Branch Road is within the growth boundary of the City, and serves as a collector street within the City's street system; and WHEREAS, the City wishes to improve the roadway from its present rural standard chip seal surface to urban standard concrete paving, and possibly the sidewalk on the South side; and WHEREAS, the County has no objections to said improvements; and WHEREAS, the City and the County wish to enter into an agreement whereby the County formally grants the City permission to make said improvements to Lower West Branch Road, at no expense to the County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: 1. The 28E agreement with Johnson County is hereby approved as to form and content, and is found to be in the best interests of the citizens of Iowa City, Iowa, and the Mayor and City Clerk are hereby authorized to execute said attached 28E Agreement with Johnson County. 2. The City Attorney's Office and the Johnson County Attorney's Office are hereby authorized to file said agreement with the Secretary of State and the Johnson County Recorder's Office per the requirements of Chapter 28E.8, Code of Iowa (2005). Pa and approved this day of January 20,02. W TTEST: Cl YN' MAYOR CITY C ERK Approved by Z--� //J,-//"O-? City Attorney's Office 11 7 IIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIII�II�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 020762610005 Tvoe: GEN Recorded: 01/26/2007 at 11:17:36 AM Fee Amt: $0,00 Pace 1 of 5 Johnson Countv Iowa Kim Painter Countv Recorder BK4124 PG43 -47 tl Resolution No. 07 -30 Page 2 It was moved by Vanderhoef and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: _x x x —x x x x NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn A Drafted by Eric R. Goers, Assistant City Attorney, 410 E. Washington, Iowa City, Iowa 52240,319-356-5030 28E Project Agreement between Johnson County, Iowa and the City of Iowa City, Iowa for Improvements to a Portion of Lower West Branch Road WHEREAS, both the City of Iowa City ( "the City ") and Johnson County ( "the County") are public agencies as defined by Section 28E.2 of the Code of Iowa (2005); and WHEREAS, the City and the County recognize that the portion of Lower West Branch Road located in Section 7 -79 -5 of Johnson County, Iowa presently sits in part on County right -of -way, and in part on City right -of -way; and WHEREAS, Lower West Branch Road is within the growth boundary of the City, and serves as a collector street within the City's street system; and WHEREAS, The City wishes to improve the roadway from its present rural standard chip seal surface to urban standard concrete paving, and possibly with sidewalk on the South side; and WHEREAS, The County has no objection to said improvements; and WHEREAS, the City and the County wish to enter into an agreement whereby the County formally grants the City permission to make said improvement to Lower West Branch Road, at no expense to the County; IT IS NOW AGREED that the City and the County enter into an agreement pursuant to Chapter 28E of the Code of Iowa (2005) providing for cooperative action pursuant to the proposed construction project and said cooperative actions include the following: I. PURPOSE AND PROJECT SCOPE: The purpose of this Agreement is for the County to grant formal permission to the City to improve those portions of Lower West Branch Road lying on County right -of -way from Scott Boulevard to approximately 200 feet east of Taft Avenue and Taft Avenue approximately 200 feet North and South of Lower West Branch Road. The improvements shall consist of installations associated with urban design standards. These installations may include but are not limited to pec paving, storm sewer and water main improvements, and sidewalk. 2. CONSIDERATION: The mutual consideration herein is undertaking the improvements to Lower West Branch Road. The project costs, in their entirety, will be borne by the City. The County will pay nothing toward the costs of these improvements. No separate legal entity is created by this Agreement. The Johnson County Board of Supervisors shall administer the County's duties and responsibilities herein. The City Council of Iowa City shall administer the City's duties and responsibilities herein. 3. RESPONSIBILITY FOR WORK: The City shall be responsible for obtaining any and all additional easements needed for the improvement project. The City shall have sole and exclusive responsibility for the construction work. IA 4. MAINTENANCE: Maintenance of the subject portion of Lower West Branch Road and Taft Avenue, once the improvements are completed, shall continue to be dealt with as set out in the Road Maintenance Agreement previously entered into by the City and the County and as hereinafter amended. Sidewalk installed within the scope of this project in the County, if any, will be cleared and maintained by the City. 5. FINANCING: The City shall bear all costs associated with this construction project. 6. EFFECTIVE DATE: This Agreement shall be effective when approved and signed by the Johnson County Board of Supervisors and the City Council of Iowa City, and filed with the Secretary of State and the Johnson County Recorder as provided in Chapter 28E.8 of the Code of Iowa (2005). 7. DURATION: This agreement shall continue in force until final acceptance of the work by the City. Thereafter, the City shall continue to clear and maintain sidewalk, if any, installed within the scope of this project in the County until such time it is annexed into the City. 8. NO THIRD -PARTY BENEFICIARIES: Nothing herein is intended to alter the City's and/or County's ultimate responsibility for their own right -of -way, including liability for or immunity from third - party claims. Nor is this 28E Agreement intended to create any third -party benefits. 9. INTERPRETATION AND ENFORCEMENT: Interpretation and enforcement of the agreement shall be in accordance with Chapter 28E of the Code of Iowa (2005) and statutes respecting the rights and responsibilities of the political subdivisions. 10. DISPUTE RESOLUTION: Matters in dispute or subject to interpretation shall be first submitted to the parties for resolution prior to either party pursuing administrative or judicial remedies. In the event such matters must be submitted to the parties, they shall be submitted specifically to the City Manager of the City of Iowa City, as representative for the City, and to the Johnson County Engineer, as representative for the County, who will both make a good faith effort to resolve the dispute. JOHNSON COUNTY This agreement was approve by official� �a^ction of the Johnson County Board of Supervisors in official session on the t4 day of YJ L� , 20_6�. C"Jti .•s•..J Mike Lehman, Chairperson J son County Board of Superrvviiso /rs, ATTEST: <z /.rt / �Vi✓V�--°.° —�-�, %�,�G1n 16A ounty Auditor /Designe i IV0 cx�A Ik CITY OF IOWA CITY This agreement was approved by official action of the City Council of Iowa City in official session on the 23r day of January 20 07 . cl- W Ross Wilburn, Mayor City of Iowa City ATTEST: ! I�C� /V", City Clerk/Designee �� • r A', 1� Doc ID: 020753510011 Tvice: GEN Recorded: 01/29/2007 at 01:45:02 PM Fee Amt: $57.00 Pace 1 of 11 Johnson Countv Iowa Kim Painter Countv Recorder BK4124 PG391.401 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. 06 -92 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 21" day of March, 2006, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 22'd day of January, 2007. Marian . Karr City Clerk �1es 6 o -z1 -os 18 Prepared by: Eric R. Goers, Asst. City Atty., 410 E. Washington St., Iowa City, IA 62240356-5232 RESOLUTION NO. 06 -92 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A 28E AGREEMENT AMONG THE CITY OF IOWA CITY AND CERTAIN OTHER CITIES AND INDEPENDENT FIRE DISTRICTS IN JOHNSON COUNTY, IOWA, FOR MUTUAL FIRE AND PROTECTION. WHEREAS, the fire departments or fire districts of all the parties named in the incorporated 28E agreement are members of the Johnson County Mutual Aid Association; and WHEREAS, the stated purpose of the Association is to provide mutual aid in fire protection, fire prevention, hazardous material releases, emergency medical services and rescue; and WHEREAS, occasions may arise whereby extra alarm fires or other emergencies would exhaust the available firefighting equipment and personnel maintained and provided by any one of the parties named in the incorporated 28E agreement; and WHEREAS, in such a situation that availability of additional firefighting personnel and equipment from outside sources might well avert disastrous results; and WHEREAS, Chapter 28E of the Code of Iowa (2005) provides that powers, privileges, or authority exercised by a public agency of this state may be exercised jointly with any other public agency of this state having such powers, privileges, and authority by entering into agreements to cooperate for their mutual advantage; and WHEREAS, the City of Iowa City has negotiated the attached 28E agreement with the other cities and independent fire districts for the provision of mutual aid fire protection, which is in the public interest. NOW, THEREFORE, BE IT RESOLVED THAT: 1.The City Council of the City of Iowa City, Iowa hereby authorizes the Mayor to sign and the City Clerk to attest the attached 28E Agreement between the City of Iowa City and certain other cities and independent fire districts in and surrounding Johnson County, Iowa for the provision of mutual aid fire protection. 2.Upon execution of the attached 28E agreement by all parties to said agreement, the City Clerk shall certify a copy of this Resolution and the agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder. Passed and approved this 21st day of march t , 2006. (/y / tl-OKPGRAT J MAYOR ATTEST: �I %i�rc�.) A-,. 4: fo CIT - LERK Approv d by City Attorney's Office 09 Resolution No. 06 -92 Page 2 It was moved by Champion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: —x x x x x Y x NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn 6 AGREEMENT FOR MUTUAL AID FIRE PROTECTION IN AND SURROUNDING JOHNSON COUNTY, IOWA JANUARY 2006 THIS AGREEMENT is made pursuant to Chapter 28E, Code of Iowa, between any and all of the following: City of Coralville, Iowa; City of Hills, Iowa; City of Iowa City, Iowa; City of Lone Tree, Iowa; City of North Liberty, Iowa; City of Oxford, Iowa; City of Riverside, Iowa; City of Shueyville, Iowa; City of Solon, Iowa; City of Swisher, Iowa; City of Tiffin, Iowa; City of University Heights, Iowa; City of West Branch, Iowa; Fremont, Lincoln and Pleasant Valley Fire Association; Tiffin Fire Association; Jefferson - Monroe Fire Department, Inc.; Kalona Volunteer Fire Department; Tri- Township Fire Department; Iowa, Highland, Jackson, Liberty, and Sharon Townships; and City of West Liberty Fire Department. WHEREAS, the fire departments or fire districts of all the undersigned parties are members of the Johnson County Mutual Aid Association; and WHEREAS, a stated purpose of the Association is to provide mutual aid in fire protection, fire prevention, hazardous material releases, emergency medical service, and rescue; and WHEREAS, occasions may arise whereby extra alarm fires or other emergencies would exhaust the available firefighting equipment maintained by one of the parties herein; and WHEREAS, in such a situation the availability of additional firefighting personnel and equipment from outside sources might well avert disastrous results; and WHEREAS, Chapter 28E, Code of Iowa, provides thatpowers, privileges, or authority exercised by a public agency of this state may be exercised jointly with any other public agency of this state having such powers, privilege, and authority; and WHEREAS, the parties hereto are desirous of entering into a 28E agreement to render fire and emergency assistance upon a reciprocal basis. THEREFORE, THE PARTIES HERETO mutually agree to give fire and emergency assistance when needed on a reciprocal basis under the following terms and conditions: SECTION L AUTHORITY TO RESPOND TO PROVIDE ASSISTANCE The power to make a request for assistance or to provide aid under this agreement shall reside in the member department fire chief or his official designee only. For purposes of this agreement, the "requesting department' shall .mean the fire chief or designee asking for assistance and the "responding department" shall mean the fire chief or designee sending assistance. Any member department shall have the right to request assistance from any other member department or departments, subject to the terns and conditions of this agreement. For the purpose of this 6 agreement, the terms "member department' and "member" shall mean the fire department of the respective parties hereto. SECTION II. SITUATION WHERE ASSISTANCE IS REQUESTED Utilizing the Johnson County Mutual Aid Box Alarm System (MABAS), automatic aid agreement, or by special request, a member department may request assistance from another member department only when the requesting department has concluded that such assistance is essential to protect life and /or property at a location afforded fire protection, fire prevention, hazardous material releases, emergency medical service, and teelmicat rescue service by the requesting department. SECTION III. RESPONSE TO REQUEST Upon request, a responding department, upon determination that an emergency situation exists and subject to the availability of personnel and equipment, shall dispatch personnel and equipment to aid the requesting department. SECTION IV. PERSONNEL AND EQUIPMENT PROVIDED The requesting department shall include in its request- for assistance the amount and type of equipment and number of personnel required, and shall specify the location where the personnel and equipment are needed. The final decision on the number and the amount and type of equipment to be sent shall be solely that of the responding department. The responding party shall be absolved from liability in correction with all acts associated herewith provided that the final decision is made with reasonable diligence. No member department shall make any claim whatsoever against another member department for refusal to send the requested equipment or personnel where.such refusal is based on the judgment of the responding department that such personnel and equipment are needed to protect the district of the responding department. SECTION V. COMMAND AT FIRE SCENE In accordance with the National hncident Management System (N.IMS), the responding department personnel and equipment shall report to the command officer of the requesting department who shall be in charge at the incident location unless he /she specifically relinquishes this authority to another officer. The command officer shall have the power to issue reasonable orders and directives, and responding officers will then act on said orders. 2 6 The responding department personnel and equipment shall be released by the requesting department when the services of the responding department are no longer required or when the responding department persomrel and/or equipment are needed in their home districts. Responding district personnel and equipment may withdraw frorir the requesting district upon giving notice to the command officer at the incident location that they are needed in their home district. It is understood that the purpose of this section is to maintain order at the incident scene and shall not be construed to establish an employer /employee relationship. SECTION VI. NO REIMBURSEMENT FOR COSTS No member department shall be required to reimburse any other member department for the cost of providing the services set forth in this agreement. Each member department shall pay its own costs (salaries, repairs, materials, compensation) for responding to the requests of other member departments. However, the requesting department shall provide without charge, such additional fuel as may be required by the responding department to carry on the combined efforts after its initial fuel supply is depleted, plus sufficient fuel to fill their fuel tanks before they return to their home district. Further, the requesting department shall reimburse the responding department(s) for the cost of special materials, such as but not limited to, foam or other special materials, specifically requested by the requesting department and which are provided by the responding department and utilized at the site of assistance. SECTION VII. LIABILITY Employees of any member department acting pursuant to this agreement shall be considered as acting under the lawful orders and instructions pertaining to their employment with their member department. Under no circumstances are they to be considered employees of any other jurisdiction, but rather shall be considered to be employees of their member department. Each party hereto shall bear the liability and/or cost of damage to its member department's equipment and the death of or injury to its member department's personnel, whether the death, injury or damage occurs at an incident in the member's own fire protection area, or in a fire protection area where the firefighter is working as a member of a responding department. Each party shall provide appropriate and reasonable insurance for its member department's personnel who may suffer injury, disability, or death and /or are involved in loss or damage to private property, and/or death of or injury to private individuals in the performance of official duties while assisting another member department under the terms of this agreement and shall supply proof of such reasonable insurance to the other parties hereto by providing a certificate thereof. 3 16 Each party hereto shall be responsible for defending against claims made against it or its member department or personnel and arising from its participation in this agreement. The parties hereto shall not be obligated by this agreement to defend against claims made against other parties hereto, or against the member departments or personnel of said parties. SECTION VIII. TOWNSHIP AGREEMENTS The cities and independent fire districts which are parties hereto and which have fire protection agreements with each other wherein the independent fire district is a public safety provider for the respective city agree to maintain such agreements in force, and to provide copies of same to the other parties upon request, thereby making them part of this agreement, and by promptly notifying in writing the other parties of any amendment, renewal, or termination of such agreements. In the event such an agreement lapses, there shall be no further obligation by the other parties hereto to respond to a request for assistance within the fire protection area covered by such lapsed agreement. SECTION IX. TERM OF AGREEMENT This agreement shall be in full force and effect upon execution by all parties hereto and the filing and recording thereof as provided in Section 12. The agreement shall have a term of three (3) years from the date of execution and thereafter shall continue in effect from year to year. The agreement may be amended by agreement of all parties. Any party may withdraw from the agreement by giving thirty (30) days written notice to each of the other parties hereto by certified mail, in which case said notifying party shall be deleted from further operation of the agreement. SECTION X. ADMINISTRATION OF AGREEMENT This agreement shall be administered by the Johnson County Mutual Aid Association, which shall periodically review said agreement and attempt to resolve any problems which may arise in carrying out said agreement. SECTION XI. NOTICES Any written notice as required in this agreement shall be sent to the address of the respective parties as shown on the execution portion of this agreement.. SECTION XIL PRIOR FIRE MUTUAL AID AGREEMENTS This agreement supersedes any and all prior fire mutual aid agreements between and among the parties or their respective member departments. m 6 SECTION XIII. FILING AND RECORDING Upon execution by all parties hereto, this agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder. IN WITNESS THEREOF, the parties hereto have duly executed this agreement effective on the date(s) as shown below. CITY OF IOWA CITY, IOWA Iowa City City Hall 410 E. Washington Street Iowa City, IA 52240 By: Q'4—u Attest: 2��,,d A', `44� Date: March 21, 2006 M. Attest: Date: JEFFERSON - MONROE FIRE DEPARTMENT, INC. Swisher, IA 52338 (As a Fire Protection Provider for the City of Swisher, IA, and the City of Shueyville, IA) CITY OF CORALVILLE, IOWA Coralville City Hall 1512 -7`h Street Coralville, IA 52241 By: �r1 ✓i. _ Lam_ T!I• Date: CITY -OF SWISHER, IOWA Swisher City Hall Swisher, IA 52338 Attest: Date: M �oo�• 6 CITY OF SHUEYVILLE, IA Shueyville Connnunity Bldg. (' - �a,. T n c. w sh ex x A So1338 By: /9t/Iti%6C_._ By: Attest:�Aru M . Attest: Date: M" -1, 3oou Date: CITY OF LONE TREE, IA Lone Tree City Hall Lone Tree, IA 52755 By:i CITY OF TIFFIN, IA Tiffin City Hall -Ft�p� X 2 61 Tiffin, IA 52340 CITY OF UNIVERSITY HEIGHTS, IA c/o City Clerk 207 Golfview Avenue /oGy arc% asp A °G Iowa City, IA 52*4,8 FREMONT, LINCOLN & PLEASANT VALLEY FIRE ASSOCIATION Lone Tree, IA 52755 (As a Fire Protection Provider for the City.of Lone Tree, IA) TIFFIN FIRE ASSOCIATION j'a lax /f8 Tiffin, IA 52340 (As a Fire Protection Provider for the City of Tiffin, IA) By: Attest: Date: 9 2 , %Oo 6 CITY OF RIVERSIDE, IA Riverside City Hall Riverside, IA 52327 By: _ By: Attest: �el�l J� �LVLSU' �t�/ f Attest: Date: a �Q ,� i7 Date: CITY OF WEST BRANCH, IA West Branch City Hall West Branch, IA 52358 By: t / Attest Date: / / - 19-60 CITY OF NORTH LIBERTY, IA North Liberty City orth Liberty, 52317 By: Attest: n Date: 121 1051 D(O Attest: Date: By: Attes IOWA, HIGHLAND, JACKSON, LIBERTY, & SHARON TOWNSHIPS Riverside, IA 52327 (As a Fire Protection Provider for the City of Riverside, IA) KALONA VOLUNTEER FIRE DEPARTMENT Kalona, IA 52247 CITY OF HILLS, IA Hills City Hall Tcs ,'t 16AS Hills, IA 52235 Date: n- &I -C)10 xl' acoo VA 6 CITY OF SOLON, IA TRI- TOWNSHIP FIRE DEPARTMENT Solon City Hall Solon, IA 52333 Solon, IA 52333 By: -! ,�Ceen�Z .ecNC' �/ By: J"I "J'41 kj Attest: j Attest: Date: Zo /Z3/OG m Attest Date: CITY OF OXFORD Oxford City I lall V 100 - 60)f N8/ Oxford, IA 52322 Date: /(- /(a " V CITY OF WEST LIBERTY, IA West Liberty City Hall West Liberty, IA 52776 By: �< L/� p ✓�� Attest: Date: ff' 2 0 6 �� '? Illlllll�llllalllllllllllilllllllllilllllllllllllllllllllllllllllllll�llllll Doc ID: 020764190032 TYDe: GEN Recorded: 01/29/2007 at 03:44:38 PM Fee Amt: $162.00 Page 1 of 32 Johnson County Iowa Kim Painter Countv Recorder SK4124 PG599.630 `ems CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 3565000 (319) 356 -5009 FAX STATE OF IOWA ) www.icgov.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.07 -26 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 23rd day of January, 2007, all as the same appears of record in my office. Also attached are the final legal documents for Kennedy's Waterfront Addition, Part Four as follows: 1. Opinion of Attorney 2. Dedication & Consent (installment contract purchaser) 3. Dedication & Consent (developer) - - 4. Certificate of County Treasurer 5. Auditor's Consent v 6. City - Subdivider Agreement 7. Underground Utility Easement Agreement 8. Storm Water Mangement Easement Agreement 9. Drainage Easement Agreement w /plat attached Dated at Iowa City, Iowa, this a16 4i day of J mUAZII 2007. Marian K. Karr City Clerk Ves subdivision SEAL M M 6g Prepared by: Sunii Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5243 (SUBO"0009) RESOLUTION NO. 07 -26 RESOLUTION APPROVING THE FINAL PLAT OF KENNEDY'S WATERFRONT ADDITION - PART FOUR, IOWA CITY, IOWA. WHEREAS, the owner /subdivider, Kennedy Development Inc., filed with the City Clerk of Iowa City, Iowa, the final plat of Kennedy's Waterfront Addition - Part Four, Iowa City, Iowa; and WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson County, Iowa, to wit: BEGINNING AT THE SOUTHWEST CORNER OF LOT 1, KENNEDY'S WATERFRONT ADDITION - PART ONE, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 22, PAGE 56, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S89 °22'49 "E, ALONG THE SOUTHERLY LINE OF SAID KENNEDY'S WATERFRONT ADDITION PART ONE, 167.95 FEET, TO A POINT ON THE WESTERLY RIGHT -OF -WAY. LINE OF CEDAR RAPIDS AND IOWA CITY RAILROAD; THENCE SOUTHWESTERLY, 205.97 FEET, ALONG SAID WESTERLY RIGHT -OF -WAY LINE ON AN 1885.40 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 205.87 FOOT CORD BEARS S12 044'50 "W; TO A POINT ON THE NORTHERLY RIGHT -OF -WAY LINE OF SOUTHGATE AVENUE; THENCE N89 °41'16 "W, ALONG SAID NORTHERLY RIGHT -OF -WAY LINE, 632.51 FEET, TO A POINT ON THE EASTERLY RIGHT -OF -WAY LINE OF SOUTH GILBERT STREET; THENCE NORTHWESTERLY, 114.76 FEET, ALONG SAID EASTERLY RIGHT -OF -WAY LINE ON A 5066.16 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 114.76 FOOT CHORD BEARS N01 °47'10 "W, TO THE SOUTHWEST CORNER OF KENNEDY'S WATERFRONT ADDITION — PART ONE; THENCE S89 °22'49 "E, ALONG SAID SOUTHERLY LINE OF SAID KENNEDY'S WATERFRONT ADDITION — PART ONE, A DISTANCE OF 162.62 FEET; THENCE N00 °37'11 "E, ALONG SAID SOUTHERLY LINE, 360.00 FEET, TO THE NORTHEAST CORNER OF LOT 2, OF SAID KENNEDY'S WATERFRONT ADDITION — .PART ONE; THENCE S89 °22'49 "E, ALONG SAID SOUTHERLY LINE, 350.00 FEET; THENCE S00 °37'11 "W, ALONG SAID SOUTHERLY LINE, 270.00 FEET, TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 4.91 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORDS. 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 after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2005) 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 Kennedy's Waterfront Addition - Part Four, Iowa City, Iowa located on the above - described real estate is hereby approved. to Resolution No. 07 -26 Page 2 2. The City accepts the dedication of the street and easements as provided by and specifically sets aside portions of 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 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 23rd day of January 20-u —. MAYOR ATTEST: r1 CIT CLERK Approved by I r � /A0 City Attorn y's Office It was moved by Vanderhoef 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 Elliot X O'Donnell x Vanderhoef x Wilburn pcd/staftreporls/res/ Final- resSUB00 -000Og Kennedys Walertront parlfwr.doc Prepared by: Philip A. Leff, 222 S. Linn St., Iowa City, Iowa 52244 -2447; 319/338 -7551 TITLE OPINION I, Philip A. Leff, 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 Kennedy's Waterfront Addition - Part Four, Iowa City, Iowa, and legally described as follows: See Exhibit "A" attached hereto. It is hereby certified that fee simple title of said property is in Paul M. Kennedy and Mary F. Kennedy, husband and wife, subject to an installment contract of sale to Kennedy Development, Inc., and the same is free from liens and encumbrances except for easements and restrictions of record. Dated at Iowa City, Iowa77Z of December, 2006. ` 9 Pl hip, A. lieff, AT 04659 LEF LAW FIRM, L. P. 22 South Linn Street P.O. Box 2447 Iowa City, Iowa 52244 -2447 Telephone: (319) 338 -7551 Facsimile: (319) 338 -6902 Dml /PAL /Kennedy,P /Kennedy Pt4 0906 TO EXHIBIT "A" LEGAL DESCRIPTION KENNEDY'S WATERFRONT ADDITION - PART FOUR A portion of the Northeast Quarter of the Northwest Quarter of Section 22, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Beginning at the Southwest corner of Lot 1, Kennedy's Waterfront Addition - Part One, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 22, Page 56, of the Records of the Johnson County Recorder's Office; Thence S89022149 11E, along the Southerly line of said Kennedy's Waterfront Addition - Part One, 167.95 feet to a point on the Westerly Right -of -Way line of Cedar Rapids and Iowa City Railroad; Thence Southwesterly, 205.97 feet, along said Westerly Right -of -Way Line on an 1885.40 foot radius curve, concave Northwesterly, whose 205.87 foot chord bears 512044150 "W, to a point on the Northerly Right -of -Way line of Southgate Avenue; Thence N89041'16 "W, along said Northerly Right -of -Way line, 632.51 -- feet, to a point on the Easterly Right -of -Way line of South Gilbert Street; Thence Northwesterly, 114.76 feet, along said Easterly Right- of -W,ay Line on a 5066.16 foot radius curve, concave Northeasterly, whose 114.76 foot chord bears N01047'10 "W, to Southwest Corner of Kennedy's Waterfront Addition - Part One; Thence 589022149 11E, along said Southerly line of said Kennedy's Waterfront Addition - Part One, a distance of 162.62 feet; Thence N00037111"E, along said Southerly line, 360.00 feet, to the Northeast corner of Lot 2, of said Kennedy's Waterfront Addition - Part One; Thence 589022149 "E, along said Southerly line 350.00 feet; Thence S00037'11 "W along said Southerly line 270.00 feet, to the Point of Beginning. Said tract of land contains 4.91 acres, and is subject to easements and restrictions of record. Dml /PAL /Kennedy,P /Kennedy Pt4 0906 Legal Desc Prepared By: Philip A. Leff, 222 S. Linn St., Iowa City, IA 52244 -2447; 319/338 -7551 DEDICATION AND STATEMENT OF CONSENT OF KENNEDY'S WATERFRONT ADDITION - PART FOUR, IOWA CITY, IOWA Paul M. Kennedy and Mary F. Kennedy, husband and wife, as the titleholder and Kennedy Development, Inc., as installment contract purchaser do hereby certify and state that the undersigned are the owners and proprietors of the following described real estate in Iowa City, Johnson County, Iowa, to -wit: See Exhibit "A" attached hereto. The subdivision of said real estate as it appears on the plat of Kennedy's Waterfront Addition - Part Four, Iowa City, Iowa is with the free consent and in accordance with the desire of the undersigned. The streets (specifically Outlot A as shown on the subdivision plat is hereby dedicated to the City of Iowa City for public right - of -way purposes), parks, and public walkways, if any, shown in said subdivision are hereby dedicated to the public, provided by Chapter 354, Code of Iowa. The dedication of Outlot A to the City of Iowa City is for road right -of -way purposes and usage. IN WITNESS WHEREOF, the proprietor has caused these presents to be signed on this 30th day of November 2006. AUP L�KEINNEDY MARY F1 KENNEDY KENNEDY DEVELOPMENT, INC. BY: Paul M. Kennedy, Presic erit G STATE OF IOWA COUNTY OF JOHNSON This instrument of November STATE OF IOWA .K�lil4iliti` 0320 i7=00 This instrument of November Kennedy Development, SS: was acknowledged before me on the 30th day 2006, Dy ennedy and Mary F. Kennedy. l c, St o f Iowa SS: was acknowledged before me on the 30th day 2006, by Paul M. Kennedy as President of Inc. 0, Dml /PAL /Kennedy,P 0906 Ded & Stmt Consent Nog'ary PUblUc, StatV of Iowa 2 EXHIBIT "A" LEGAL DESCRIPTION KENNEDY'S WATERFRONT ADDITION - PART FOUR A portion of the Northeast Quarter of the Northwest Quarter of Section 22, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Beginning at the Southwest corner of Lot 1, Kennedy's Waterfront Addition - Part One, Iowa City, Iowa; in accordance with the Plat thereof recorded in Plat Book 22, Page 56, of the Records of the Johnson County Recorder's Office; Thence 589022'49 "E, along the Southerly line of said Kennedy's Waterfront Addition - Part One, 167.95 feet to a point on the Westerly Right -of -Way line of Cedar Rapids and Iowa City Railroad; Thence Southwesterly, 205.97 feet, along said Westerly Right -of -Way Line on an 1885.40 foot radius curve, concave Northwesterly, whose 205.87 foot chord bears 512044150 11W, to a point on the Northerly Right -of -Way line of Southgate Avenue; Thence N89041116 11W, along said Northerly Right -of -Way line, 632.51 feet, to a point on the Easterly Right -of -Way line of South Gilbert Street; Thence Northwesterly, 114.76 feet, along said Easterly Right -of -Way Line on a 5066.16 foot radius curve, concave Northeasterly, whose 114.76 foot chord bears N01047110 "W, to Southwest Corner of Kennedy's Waterfront Addition - Part One; Thence S89022149 "E, along said Southerly line of said Kennedy's Waterfront Addition - Part One, a distance of 162.62 feet; Thence N00037'11 "E, along said Southerly line, 360.00 feet, to the Northeast corner of Lot 2, of said Kennedy's Waterfront Addition - Part One; Thence S89022149 11E, along said Southerly line 350.00 feet; Thence S00037111"W along said Southerly line 270.00 feet, to the Point of Beginning. Said tract of land contains 4.91 acres, and is subject to easements and restrictions of record. Dml /PAL /Kennedy,P /Kennedy Pt4 0906 Legal Dose 6 Prepared By: Philip A. Leff, 222 S. Linn St., Iowa City, IA 52240; 319/338 -7551 DEDICATION AND STATEMENT OF CONSENT OF KENNEDY'S WATERFRONT ADDITION - PART FOUR, IOWA CITY, IOWA The undersigned, Paul M. Kennedy and Mary F. Kennedy, as the titleholder and contract seller and Kennedy Development, Inc., the contract purchaser and developer do hereby certify and state that the undersigned are the owners, proprietors, and developer of the following described real estate in Iowa City, Johnson County, Iowa, to -wit: See Exhibit "A" The subdivision of said real estate as it appears on the plat of Kennedy's Waterfront Addition - Part Four is with the free consent and in accordance with the desire of the undersigned proprietor. The streets (specifically Outlot A as shown on the subdivision plat is hereby dedicated to the City of Iowa City for public right - of -way purposes), parks, and public walkways, if any, shown in said subdivision are hereby dedicated to the public, provided by Chapter 354, Code of Iowa. IN WITNESS WHEREOF, the proprietor has caused these presents to be signed on this 30th day of November , 2006. PAUL M. KENNEDY �� I MARY ENNENNE Y KENNEDY DEVELOPMENT, INC. By: P"", 1 Paul M. Kennedy, Presid nt 0 STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) This instrument was acknowledged before me on the 30th day of November , 2006, by PaSui s . Kennedy and Mary F. Kennedy. c, Wate of Iowa STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) This instrument was acknowledged before me on the 30th day of November 2006, by Paul M. Kennedy as President of Kennedy Development, Inc. I jl* r y P lic, Wate of Iowa Jan /pal/ subdivisions /kennedy- waterfront /DedioationConsent- City:dmlm 2 EXHIBIT "A" LEGAL DESCRIPTION KENNEDY'S WATERFRONT ADDITION - PART FOUR A portion of the Northeast Quarter of the Northwest Quarter of Section 22, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Beginning at the Southwest corner of Lot 1, Kennedy's Waterfront Addition - Part One, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 22, Page 56, of the Records of the Johnson County Recorder's Office; Thence S89 122'49 "E, along the Southerly line of said Kennedy's Waterfront Addition - Part One, 167.95 feet to a point on the Westerly Right -of -Way line of Cedar Rapids and Iowa City Railroad; Thence Southwesterly, 205.97 feet, along said Westerly Right -of -Way Line on an 1885.40 foot radius curve, concave. Northwesterly, whose 205.87 foot chord bears 512044150 11W, to a point on the Northerly Right -of -Way line of Southgate Avenue; Thence N89041116 "W, along said Northerly Right -of -Way line, 632.51 feet, to a point on the Easterly Right -of -Way line of South Gilbert Street; Thence Northwesterly, 114.76 feet, along said Easterly Right -of -Way Line on a 5066.16 foot radius curve, concave Northeasterly, whose 114.76 foot chord bears N01047'10 "W, to Southwest Corner of Kennedy's Waterfront Addition - Part One; Thence S89022149 11E, along said Southerly line of said Kennedy's Waterfront Addition Part One, a distance of 162.62 feet; Thence N00037'11 "E, along said Southerly line, 360.00 feet, to the Northeast. corner of Lot 2, of said Kennedy's Waterfront Addition - Part One; Thence 589022149 "E, along said Southerly line 350.00 feet; Thence S00037111 "W along said Southerly line .270.00 feet, to the Point of Beginning. Said tract of land contains 4.91 acres, and is subject to easements and restrictions of record. Dml /PAL /Kennedy,P /Kennedy Pt4 0906 Legal. Desc W x Prepared b Philip A +ex x2 222 S. Linn rtCity' ,t oWa 52249 -2447: 319/338-7551 CERTIFICATE OF COUNTY TREASURER I, the undersigned, Treasurer thereof, of Johnson Count hereby certify that Y, Iowa, °r deputy known as Kennedy s Waterfront g described Addition property, also Subdivision to Johnson - Part Four County, City, Iowa assessments Iowa, is free from menu in the office of the taxes Treasurer or special of Johnson County, Iowa: See Exhibit "A„ DATED at Iowa City, Iowa, this th day of .n 2006. Treasurer of Johnson 1jL_ Deputy Treasurer CoustY,--�owa, or Of Johnson County, Iowa Dm'/PAL /Kennedy, P /Kennedy Pt4 0906 TreasCert i M EXHIBIT "A" LEGAL DESCRIPTION KENNEDY'S WATERFRONT ADDITION - PART FOUR A portion of the Northeast Quarter of the Northwest Quarter of Section 22, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Beginning at the Southwest corner of Lot 1, Kennedy's Waterfront Addition - Part One, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 22, Page 56, of the Records of the Johnson County Recorder's Office; Thence S89022'49 "E, along the Southerly line of said Kennedy's Waterfront Addition - Part One, 167.95 feet to a point on the Westerly Right -of -Way line of Cedar Rapids and Iowa City Railroad; Thence Southwesterly, 205.97 feet, along said Westerly Right -of -Way Line on an 1885.40 foot radius curve, concave Northwesterly, whose 205.87 foot chord bears S12044150 "W, to a point on the Northerly Right -of -Way line of Southgate Avenue; Thence N89041'16 "W, along said Northerly Right -of -Way line, 632.51 feet, to a point on the Easterly Right -of -Way line of South Gilbert Street; Thence Northwesterly, 114.76 feet, along said Easterly Right -of -Way Line on a 5066.16 foot radius curve, concave Northeasterly, whose 114.76 foot chord bears N01047110 11W, to Southwest Corner of Kennedy's Waterfront Addition - Part One; Thence 589022149 11E, along said Southerly line of said Kennedy's Waterfront Addition - Part One, a' distance of 162.62 feet; Thence N0003711111E, along said Southerly line, 360.00 feet, to the Northeast corner of Lot 2, of said Kennedy's Waterfront Addition - Part One; Thence 589022149 "E, along said Southerly line 350.00 feet; Thence 500037'11 "W along said Southerly line 270.00 feet, to the Point of Beginning. Said tract of land contains 4.91 acres, and is subject to easements and restrictions of record. Dml /PAL /Kennedy,P /Kennedy Pt4 0906 Legal Desc W Prepared By: Philip A. Leff, 222 S. Linn St., Iowa City, Iowa 52244 -2447; 319/338 -7551 AUDITOR'S CONSENT The undersigned Auditor or Deputy Auditor of Johnson County, Iowa, does hereby certify the Auditor's approval of the name "Kennedy's Waterfront Addition - Part Four" as the name of the subdivision located on the following described property: See Exhibit "A" see attached hereto. The Auditor also certifies that the above subdivision name is a distinct name or title that is unique as required by Section 354.62, Code of Iowa. Dated this 2�'da < y of � C � 2006. P%. AUDITOR OR DEPUTY AUDITOR Johnson County Dml /PAL /Kennedy,P /Kennedy Pt4 1006 AuditorConsent V EXHIBIT "A" LEGAL DESCRIPTION KENNEDY'S WATERFRONT ADDITION - PART FOUR A portion of the Northeast Quarter of the Northwest Quarter of Section 22, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Beginning at the Southwest corner of Lot 1, Kennedy's Waterfront Addition - Part One, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 22, Page 56, of the Records of the Johnson County Recorder's Office; Thence S89 122149 11E, along the Southerly line of said Kennedy's Waterfront Addition - Part One, 167.95 feet to a point on the Westerly Right -of -Way line of Cedar Rapids and Iowa City Railroad; Thence Southwesterly, 205.97 feet, along said Westerly Right -of -Way Line on an 1885,40 foot radius curve, concave Northwesterly, whose 205.87 foot chord bears 512044150 "W, to a point on the Northerly Right -of -Way line of Southgate Avenue; Thence N89041'16 "W, along said Northerly Right -of -Way line, 632.51 feet, to a point on the Easterly Right -of -Way line of South Gilbert Street; Thence Northwesterly, 114.76 feet, along said Easterly Right -of -Way Line on a 5066.16 foot radius curve; concave Northeasterly, whose 114.76 foot chord bears N01047110 "W, to Southwest Corner of Kennedy's Waterfront Addition - Part One; Thence S89022'49 "E, along said Southerly line of said Kennedy's Waterfront Addition Part One, a distance of 162.62 feet; Thence N00037111"E, along said Southerly line, 360.00 feet, to the Northeast corner of Lot 2, of said Kennedy's Waterfront Addition - Part One; Thence S89022'49 "E, along said Southerly line 350.00 feet; Thence S00037'11 "W along said Southerly line 270.00 feet, to the Point of Beginning. Said tract of land contains 4.91 acres, and is subject to easements and restrictions of record. Dml /PAL /Kennedy,P /Kennedy Pt4 0906 Legal Desc r Prepared By: Philip A. Leff, 222 S. Linn St., Iowa City, Iowa 52244 -2447; 319/338 -7551 CITY - SUBDIVIDER AGREEMENT OF KENNEDY'S WATERFRONT ADDITION - PART FOUR IOWA CITY, IOWA THIS AGREEMENT made by and between Kennedy Development, Inc., the owner and subdivider, hereinafter called the "Subdivider," and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City," W I T N E S S E T H: SECTION 1. PUBLIC IMPROVEMENTS. In consideration of the City approving the plat of subdivision known and designated as Kennedy's Waterfront Addition - Part Four, Iowa City, Iowa, 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 sewers, drainageways and concrete wall (confining storm water run off) have been installed and accepted by the City, and subdivision erosion control measures have been installed, as required by the City under its ordinances, (The sewers, drainageways and concrete wall are hereinafter referred to as the "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 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 Subdivider and a lien on the various lots in 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 Subdivider's storm water management plan, 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 a storm water management facility, including the site work incident thereto, has been installed and either released or accepted by the City. Any storm water control facility within the storm water management easement in this subdivision will be constructed in the location and subject to specifications set forth in and on the final plat of this subdivision. The Subdivider agrees that the duty to maintain said facility shall remain on the property owner and the Subdivider's successor in interest, which successor will be a homeowners' association consisting of the owners of lots in this subdivision. Said maintenance shall be in compliance with the City's storm water management ordinance. SECTION 3. CONSTRUCTION OF IMPROVEMENTS. The improvements and storm water management facility shall be constructed and installed in accordance with plans and specifications approved by the City Engineer of Iowa City, who shall have the right to make occasional inspections of the work in progress. Such 2 inspections shall not relieve or release the Subdivider from the responsibility to construct the improvements and storm water management 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. Subdivider agrees that, prior to the issuance of an occupancy permit for each lot in the subdivision, it shall install sidewalks abutting each lot and adjacent to Gilbert Street and Southgate Avenue, which sidewalks shall be at least four (4) feet wide and constructed according to plans and specifications approved by the City Engineer. The sidewalks shall be installed in the subdivision covered by this Agreement as required by Section 14 -1C -1, 2 and 3, and Section 14 -7C -5, Iowa City Code of Ordinances, and shall remain a lien on the lot until installed and released by the City and the release duly recorded in the Johnson County Recorder's Office. SECTION 5. BUILDING PERMIT AND ESCROW MONIES. If the Subdivider should desire a building permit for any lot in the subdivision before the improvements and storm water management facility have been installed, the Subdivider 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 3 kP 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 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 a building permit for construction within the subdivision, that the Subdivider deposit in escrow with the City the sum of $2,000.00 (the "erosion cleanup escrow ") to assure reimbursement for the cost of cleaning public streets, storm sewers, gutters or catch basins, which may be incurred by the City as a result of erosion from the subdivision. The Subdivider agrees to accept responsibility for the cost of the cleaning, and to the extent that the Subdivider 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 Subdivider. The unused balance of the erosion cleanup escrow shall be returned to the Subdivider 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 Subdivider shall promptly reimburse the City for the excess costs incurred. After the improvements escrow and erosion clean -up escrow have been established, if the applicant 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. 4 U SECTION 6. OCCUPANCY PERMIT. Prior to the issuance of an occupancy permit for any building erected pursuant to Section 5, the City in its discretion may require the Subdivider to construct and install the improvements, sidewalks and storm water management 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 management 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 management facility. If the cost of construction and installation of the improvements and the storm water management facility exceeds the amount of the escrow, the City shall have a lien and charge against all lots in the subdivision for the balance of the cost. The City shall refund to the Subdivider any improvements escrow monies not used for the construction and installation of the improvements and storm water management facility. SECTION B. WAIVER. If the Subdivider sells or conveys lots in the subdivision without first constructing or installing the improvements or storm water management facility, or if either the Subdivider or the owner of any lot in the subdivision fails to construct sidewalks as required in Section 4, the City shall have the right to install and construct the improvements; the storm water management facility or sidewalks. Subdivider acknowledges and agrees that all lots in the subdivision are specially benefited by the improvements and storm 5 �0 water management facility, so the cost of the installation and construction shall be a lien and charge against all of the lots in the subdivision. The cost of the improvements and storm water management facility, need not meet the requirements of benefit or value as provided by the law of the State of Iowa for assessing such improvements. The cost of installing 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 the requirement to construct the improvements, storm water management facility, and sidewalks is and shall remain a lien against the lots in the subdivision until properly released as hereinafter provided. The City agrees that when the improvements and storm water management facility have been installed as required 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, a good and sufficient release of all lots in the subdivision so that the obligations set forth in this Agreement will not constitute a cloud upon the title of the lots in the subdivision. A separate sidewalk lien release shall be issued where appropriate. SECTION 9. OWNERS ASSOCIATION. The Subdivider will create an Iowa nonprofit corporation for the purpose of forming a Homeowners' Association to maintain, supervise and control the storm water management facility and its easement area. 6 �0 SECTION 10. MISCELLANEOUS. A. Access for Lots 1 and 2 is limited to Southgate Avenue only and shall utilize the common access easement as shown on the subdivision plat in reference to said Lots 1 and 2. Similarly, Lots 3 and 4 will have access only to Southgate Avenue and will.utilize the common access easement as shown on the plat in reference to said Lots 3 and 4. The cost of the maintenance of the common access easement areas will be shared equally by the lot owners utilizing said easement way. B. The developer shall pay to the City a water main extension fee of $3.95.00 per .acre or a total of $1,939.45, the same to be paid prior to the issuance of any building permit on any lot in this subdivision. C. The preliminary plat and sensitive area site plan for this subdivision shows the location of the 100 -year flood boundary as it applies to this subdivision. The exact location thereof is available to lot owners by review of this plat on file with the City of Iowa City. D. Outlot A is, upon the approval of the subdivision by the City Council of Iowa City, dedicated to the City of Iowa City for street right -of -way purposes. E. The property described in this subdivision is subject to the provisions of a Grading and Development Agreement and Covenant entered into by Paul M. Kennedy Jr. and Mary Francis Kennedy and the City of Iowa City dated March 15, 2005, and recorded together with the Resolution authorizing said agreement in Book 3853, Page 735 -741, of the records of the Recorder of Johnson County, Iowa. No building permit will be issued on lots 3 and 4 within this subdivision without compliance with said agreement. The area of lots 3 and 4 subject to said agreement are designated on the final plat of this agreement. SECTION 11. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon, and shall inure to the benefit of the parties hereto and their successors and assigns. Dated this � day f Sr y 200,�f, at Iowa City, Iowa. 7 �O CITY OF IOWA (CITY, IOWA U By: _ Ross Wilburn, Mayor ATTEST: �Kam{ Marian K. Karr, City Clerk - CITY - STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) KENNEDY DEVELOPMENT, INC. By': r� N I Paul M. Kennedy, President - SUBDIVIDER - 7 Sf- On this �� day of ZA 200/ , before me, a Notary Public in and for the State of I a, personally appeared Ross Wilburn 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, as contained in (Ordinance) (Resolution) No. 0o7 -,.d./ passed (the Resolution adopted) by the City Council on the agrl day of J,y H� ?N 20097 'and and that Ross Wilburn 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. Ju SONDRAE FORT _ Commission Number 159791 ' My Commi Ion Expires 0 7 .Roe Notary Public, State of Iowa STATE OF IOWA SS: COUNTY OF JOHNSON This instrument was acknowledged before me on the 30th day of November 2006, by Paul M. Ken as President of Kennedy Development, Inc. I _ A Dm1 /PAL /Kennedy,P /Kennedy Pt4 1006 City /SubdAgmt [3 of Iowa IN Prepared By: Philip A. Leff, 222 S. Linn St., Iowa City, Iowa 52244 -2447; 319/338 -7551 UNDERGROUND UTILITY EASEMENT AGREEMENT KENNEDY'S WATERFRONT ADDITION - PART FOUR IOWA CITY, IOWA In consideration and approval of the final plat of Kennedy's Waterfront Addition - Part Four, Iowa City, Iowa, the undersigned owners hereby grant 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 subdivision as "Utility Easements ". The grantees of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purpose of serving the subdivision and other property with electricity, gas, and communication service; -- the right to trim, cut down and remove such trees, brush, saplings and bushes as may interfere with the proper construction, maintenance, operation or removal of said facilities, equipment and appurtenances; and the right of ingress and egress for all of the purposes aforesaid. 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 the rights hereby granted; provided that Grantors shall not erect or construct any reservoir, retaining wall, or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. No permanent dwellings or trees shall be placed on the areas so designated for utility easement, but with advance written authorization from the Grantee's representatives, the same may be used for gardens, shrubs, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. 7 F Dated this a3 "1 day of S , 2000. M. CITY OF IOWA CITY, IOWA BY : Q Ross Wilburn, Mayor ATTEST: Jh' i <SJ - Maria K. Karr, City Clerk - CITY - STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) .l Pa 1 M kennedy Mar F. enne KENNE DEVELOPMENT, I//NC. By: W - A. .`� Paul M- Kennedy, President - SUBDIVIDER - 7 SF On this ,294 day of �_, 200f, before me, a Notary Public in and for the State of Iowa, personall appeared Ross Wilburn 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, as contained in (Ordinance) (Resolution) No.d% aXa passed (the Resolution .adopted) by the City Council on the o70d- day of 200 and that Ross Wilburn and Marian K. Karr acknowledged the execuCion of the instrument to be the voluntary act and deed of the corporation, by them voluntarily executed. STATE OF IOWA ) SS: COUNTY OF JOHNSON ) This instrument was .November , 2006, by Paul STATE OF IOWA ) SS: COUNTY OF JOHNSON ) ONDRAE FORT Notary Public, State of 2R. Commission Number 159791 My Commission Expires iff 3 9 oo acknowledged b e e on the 30th day of M. Kennedy Mary F Cenn y i -1117P State f Iowa This instrument was acknowledge befo e me on the 30th day of November 2006, by Paul M. Ke nedy as resi ent f Kennedy Development, Inc. ry P ll.c, S eof Iowa Dml /PAL /Kennedy,P /Kennedy Pt4 0906 undergrUtlESmtAgmt 2 E, Prepared By: Philip A. Leff, 222 S. Linn St., Iowa City, Iowa 52244 -2447; 319/338 -7551 STORM WATER MANAGEMENT EASEMENT AGREEMENT M KENNEDY'S WATERFRONT ADDITION - PART FOUR, IOWA CITY, IOWA THIS AGREEMENT, made and entered into by and between Kennedy Development, Inc. (Subdivider) 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 grading for a storm water management 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 management facility easement on the Final Plat of said subdivision and referred to herein as "easement areas." Subdivider 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 area, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, to cut down and clear away any and all trees and brush on said easement area 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. Ef 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 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 Subdivider shall not erect or construct any building, retaining wall, fence 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. Subdivider 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 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 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 completion of said improvements, Subdivider shall thereafter maintain the storm water management basin easement area. The maintenance shall include maintaining and mowing the ground cover over the basin area and keeping it free of debris. The ,City shall have no obligation for storm water basin easement maintenance including the outlet and outlet line contained within the easement area. The obligation for maintenance of the storm water management easement area may be transferred to a homeowners' association as provided in the City- Subdivider Agreement. The City shall not maintain the outlet pipe in this case since the storm water detention facility is located on Outlot B, which is reserved for future development. 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. 7 .SF DATED this day of unau 200 ,9. 2 CITY OF IOWA CITY, rIOWA BY: __ I� y� l -✓ Ross Wilburn, MAYOR �l ATTEST: )h a 4�i R - 7��,td Marian K. Karr, CITY CLERK - CITY - STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) KENNEDY DEVELOPMENT, INC. BY C Pau M. Kennedy, President - SUBDIVIDER - 7 Sr- On this ag Z day of 0A/JUAPV 200,x, before me, a Notary Public in and for the State of Iowa, ')personally appeared Ross Wilburn 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, as contained in (Ordinance) (Resolution) No. 67-a passed (the Resolution adopted) by the City Council on the a3_ day of a , 7002 , and that Ross Wilburn and Marian K. Karr acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by them voluntarily executed. SONORAE FORT _ Commission Number 159791 goodie- MyyCom isslonFErpires Notary Public in and for State of Iowa STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) This instrument was acknowledged before me on the 30th day of November 2006, by Kennedy as President of Kennedy Development, Inc. r Z9 ary P b ic, S to of Iowa Dm1 /PAL /Kennedy,P /Kennedy Pt4 1006 StWtrMgmtEsmtAgmt 3 �0 Prepared By: Philip A. Leff, 222 S. Linn St., Iowa City, IA 52244 -2447; 319/338 -7551 DRAINAGE EASEMENT AGREEMENT OF KENNEDY'S WATERFRONT ADDITION - PART FOUR, IOWA CITY, IOWA THIS AGREEMENT is made and entered into by and between Kennedy Developer, 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 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 easements on the Final Plat of said subdivision and a 20 -foot drainage easement shown on the Easement Plat attached hereto as Exhibit "A ", herein described as "easement areas." Subdivider further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement areas and also to trim, cut down and clear away any trees on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said easement areas, or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. r Subdivider reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that Subdivider shall not erect or construct any building, retaining wall, 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. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and has good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Subdivider until completion and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. 7 sr- DATED this day of 200. CITY OF IOWA �CIT%Y, IOWA KENNEDY DEVELOPMENT, INC. L/ BY: BY / •� Ross Wilburn, MAYOR Paul M. Kennedy, Preside it ATTEST: kezieis/ �jJJ 'Marian K. Karr, CITY CLERK mila `m - SUBDIVIDER - 2 �0 STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this a3 day of J U � �, 200 ,f, before me, a Notary Public in and for the State of Iowa /, personally appeared Ross Wilburn 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, as contained in (Ordinance) (Resolution) No. 07- -,26 passed (the Resolution adopted) by the City Council on the � -may of �jAN�, 200 sand that Ross Wilburn and Marian K. Karr acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by them voluntarily executed. 1*10W 80 DRAE FORT CtCommissionNumbari69791 Notar Public in and for My3 ommission Expires State of Iowa STATE OF IOWA ) COUNTY OF JOHNSON ) This instrument of November Kennedy Development, SS: was acknowledged before me on the 30th day 2006, by Paul M. Kennedy as President of Inc. o y P blic, S I to of Iowa Dm1 /PAL /Kennedy,P /Kennedy's Pt4 1006 DrainageEaseAgmt 3 to yz(jx 'JONG .fig€ 5� �6d I ¢6• §e $e U g u°°i n-- o oZ 0 a m .W -w t— Z CO 0 ¢"� W � a £o So o__ °cC °�Va �d� ` a'c a $ E x$E a q & §§& 9 Rim ti�OOEo9C °k£ .di e 888gg =� u = o 6 °z ^L" $ 9�i R T`op�b9 oon Z of &$> a p4p xtl:�=33 s i u6mou =wmLa OSa�� ip nirfrk ISy� gg� o I $ M 22 g•o °o.�m aE_c°`o E°c `° Z ml,l Wm ., / ✓t hp'Ixsm(SPJ \61°RtPO \N°0 \a Z NzgA LU U y CIJ r Z U g u°°i n-- o oZ 0 a m .W -w t— Z CO 0 ¢"� W � £o So o__ °cC °�Va �d� ` a'c coon W .. ._ "° o ^moi moo f a q & §§& 9 Rim ti�OOEo9C °k£ 0 888gg =� u = o 6 °z ^L" $ 9�i R T`op�b9 oon Z of &$> a p4p xtl:�=33 s i u6mou =wmLa OSa�� ip nirfrk ISy� gg� o I $ M 22 g•o °o.�m aE_c°`o E°c `° Z it 1� IIi1�llli V3 ° °SU3 YmE$3 °SSW O" Q ��" o= �g oo�ra°o I y'N b — ` mxoiln m n�°wo.4. II�'� ilk J I I ERW G III ad d5 _ € :llb> m n �yzy I 1 1 1 4d•y 1 � p �y a �1 I � 1 N $g� C�kt� 1 i I� ------- - ----- L_t �g :V ^ J33dbS LU3bli5 v � rr LI I; I 1 {@@ I S�y FFFF I d I W 0 �zl Prepared by Sarah Walz, Planning Associate, 410 E. Washington, Iowa City, IA 52240; 319/356 -5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, January 10, 20yf lit EMMA J. HARVAT HALL MEMBERS PRESENT: Carol Alexander, Edgar Thornton, Michelle Michael Wright MEMBERS ABSENT: NONE STAFF PRESENT: Sarah Holecek, Sarah Walz Recorded: 02%06%2007002 t710:21:18 AM Fee Amt: $12,00 Pape 1 of 2 Johnson Countv Iowa Kim Painter Countv Recorder SK4126 Pa777 -778 C7 `� Shelangouski; Ned Wood, I -, . 3 1 I- T' ca 4� OTHERS PRESENT: John Beasley, Shelley McCafferty, Jim Enloe, Jim Estin, Tim Weitzel APPEALS: APL06 -00004 Reconsideration of an application submitted by John Roffman appealing the decision of the Historic Preservation Commission to deny a Certificate of Appropriateness for a proposed building to be located in the Neighborhood Stabilization Residential (RNS -20) zone and Conservation District Overlay (OCD) zone at 923 Iowa Avenue. Findings of Fact: By a vote of 3 -2, the Board finds that the subject property is located in the College Hill Conservation District and that the proposed building is subject to the Design Guidelines for Multi - Family Buildings listed in section 10.1 of the Historic Preservation Handbook. The Board finds that, in denying the certificate of appropriateness for the proposed building, the Historic Preservation Commission (HPC) cited the increase in physical mass of the new building, primarily focusing on the increase in depth. The board also finds that the relevant guidelines in section 10.1 of the Historic Preservation handbook state that "measures should be incorporated into the design of a new building that help to reduce its 'visual mass' and overall height." The Board finds that the HPC has no authority to regulate the density or occupancy of a proposed building and that density is governed and regulated by the base zone and other site development standards of the Zoning Code. Based on statements in the transcripts of the HPC meetings, the Board finds that while the Commission did mention visual mass in its deliberations and conclusion, in its discussion prior to voting numerous commissioners consistently cited density, number of occupants, building size, physical mass and neighborhood concerns as the pervasive reason for denying a certificate of appropriateness for the proposed building at 923 Iowa Avenue. Conclusions of Law: The Board concludes that it reviews decisions of the Historic Preservation Commission to determine whether the Commission exercised its powers and followed the Historic Preservation guidelines and regulations established by law or whether the Commission's action was made without regard to the law or the underlying facts of the case and is thereby patently arbitrary and capricious, an abuse of discretion or pretextual. The Board concludes that in its consistent citing of density, occupancy, physical mass and neighborhood concerns prior to denying the certificate of appropriateness, the HPC misapplied its guidelines and acted outside of its authority. The Board concludes that the resulting decision by HPC to deny a certificate of appropriateness based on density, occupancy, physical mass and neighborhood concerns exceeded the Commission's authority and was patently arbitrary and capricious. Having made this determination, the I Board must now make such decision as ought to have been made, and to that end has all the powers of the Commission and is bound by the same guidelines and rules governing the Commission's decision in deciding the merits of the pending application. The Board finds that while the applicant has incorporated measures into the design of the new building to help reduce the "visual mass" and overall height of the building, there is concern that the rear 14 feet of the side elevation is lacking in architectural features that reduce its visual impact to neighboring properties. The Board finds that a board and batten treatment, similar to that used on the large bay, will effectively break up the visual mass of the rear 14 feet of the side elevation. Disposition: By a vote of 3 -2, finding that the Commission's decision exceeded its authority and was arbitrary and capricious, the Board approves APL06- 00004, an application submitted by John Roffman, appealing the decision of the Historic Preservation Commission to deny a Certificate of Appropriateness for a proposed building to be located in the Neighborhood Stabilization Residential (RNS -20) zone and Conservation District Overlay (OCD) zone at 923 Iowa Avenue. By a vote of 5 -0 the Board approves a Certificate of Appropriateness for the proposed building at 923 Iowa Avenue based on the submitted plans and subject to the additional requirement that the architect to use board and batten treatment on the rear 14 feet of the side elevation to reduce the visual mass of the building. 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 't ,Iowa. A p—�e Carol Alexander, hairperson City At br iey f e STATE OF IOWA ) I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of �tme —nt 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 January, 2007, as thd) —PI same appears of record in my Office. Dated at Iowa City, this day of ca _ 2007 G Marian K. Karr, City Clerk v _. .CORPORATE SEAL -V�11: IIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIilllllllllllllllllllillllllllllllllll�lllll `. Doc ID: 020776510003 Tvoe: UN Recorded: 02/12/2007 at 12:32:16 PM Fee Amt: $17.00 Peas 1 of 3 Johnson Countv Iowa Kim Painter Countv Recorder BK4128 P (i813 -815 STATE OF IOWA ) ) SS JOHNSON COUNTY ) r � rlli� � y 4 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.07 -4250 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 6th day of February, 2007, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 91h day of February, 2007. Marian . Karr City Clerk \ord CORPORATE SEAL 11 68 Prepared by: Drew E. Westberg, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 ORDINANCE NO. 07 -4250 ORDINANCE REZONING 17.75 ACRES OF LAND LOCATED EAST OF MORMON TREK BOULEVARD AT EAGLE VIEW DRIVE AND GRACE DRIVE FROM INTENSIVE COMMERCIAL (CI- 1) TO OFFICE COMMERCIAL (CO -1). (REZ06- 00021) WHEREAS, the applicant, James Davis, has requested a rezoning of property located between Eagle View Drive and Grace Drive from Intensive Commercial (CI -1) to Office Commercial (CO -1) to construct an office park east of Mormon Trek Boulevard Extended; and WHEREAS, the Planning and Zoning Commission has found that the CO -1 zone is intended to provide specific areas where office functions, compatible businesses, apartments, and certain public and semipublic uses may be developed in accordance with the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has found an office park as compatible with current and proposed adjacent uses; and WHEREAS, the Planning and Zoning Commission has found that PIP Printing will be a conforming use within the CO -1 zone; and ' WHEREAS, the Planning and Zoning Commission has found that the proposed rezoning is in compliance with the Comprehensive Plan; 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. The property described below is hereby reclassified from its current - zoning classification of Intensive Commercial (CI -1) to Office Commercial (CO -1) and is hereby approved: JJR Davis parts II and III. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify, a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE, This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 6th day of Febrnar)z , 20 07 . MAYOR Approve d By ATTEST: u� � I / CITY-CLERK Approved by tfty A ford ®y'9 Office CORPORATE SEAL Ordinance No. 07 -4250 Page 2 It was moved by Vanderhoef and seconded by Bailey that the Ordinance as read be adopted, and upon roll call there were: AYES; NAYS: ABSENT: _%_ Bailey x Champion Y Correia x Elliott x O'Donnell x Vanderhoef x Wilburn First Consideration 1/23/2607 Voteforpassage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef Wilburn, Bailey. NAYS: None. ABSENT: None. Second Consideration --------------- -- Vote for passage: Date published 2/14/2007 Moved by Vanderhoef, seconded by Champion, that the rule requiring ordinances to be consider 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: Correia, Elliott,.0'Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: None. .... , � Ifif �tp Recorded: 02023/200703 tT01:07 08 PM Fee Amt: $17.00 Pace 1 of 3 Johnson county Iowa Kim Painter Countv Recorder BK4132 PG14 -16 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.07 -54 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20`x' day of February, 2007, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 22nd day of February, 2007. Marra K. Karr City Clerk Ves rA 02- o -o7 12 Prepared by Karin Franklin, PCD, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5232 RESOLUTION NO. 07 -54 RESOLUTION OPENING CERTAIN CITY PROPERTY TO THE PUBLIC, DEDICATING SAID PROPERTY AS PUBLIC RIGHT -OF -WAY AND DESIGNATING SAID PROPERTY AN ALLEY. WHEREAS, during the urban renewal of downtown, various properties were acquired by the City and reconfigured for the purposes of public improvements and sale for redevelopment; and WHEREAS, in Block 64private property was acquired and the block was reconfigured for construction of a public parking ramp and the creation of two redevelopment parcels; and WHEREAS, the previously platted alley in Block 64 was eliminated and a non - exclusive access easement was created across one redevelopment parcel to provide access to the other; and WHEREAS, a portion of the non - exclusive access easement is legally described as Auditor's Parcel No. 2002066; and WHEREAS, the easement document adopted by Resolution 84 -222 contemplates the future designation of the easement, in whole or in part, as an alley; and WHEREAS, the maintenance responsibilities of the non - exclusive access easement are stipulated within an agreement between the City of Iowa City and the redeveloper of Urban Renewal Parcel 64 -1 a as adopted by Resolution 02 -253; and WHEREAS, it is in the public interest for Auditor's Parcel No. 2002066 to be opened to the public, dedicated as a public right -of -way and designated as an alley. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. Auditor's Parcel No. 2002066 is hereby opened to the public, dedicated as public right -of- way and designated as an alley. 2. As per the agreement approved by Resolution 02 -253, the Redeveloper of Urban Renewal Parcel 64 -1a shall continue to be responsible for clearing any snow, ice and /or other debris upon the allev legally described as Auditor's Parcel No. 2002066. 3. The City Clerk is hereby authorized and directed to record this resolution in the office of the Recorder of Johnson County, Iowa at the City's expense. Passed and approved this 20th day of February , 20_QL. C ORPORAT r MAYO � ® ATTEST: A � ii" 20,0 d CITY -CLERK ppdd irVesta ud itorpa rce I.doc _1 Resolution No Page 9 It was moved by Bailey and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: x x —x x x x x NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn `1 Doc ID: 020785020011 Tvoe: GEN Recorded: $57.00 /Paoe St of 1112.26 AM Johnson Countv Iowa Kim Painter Countv Recorder BK4131 PD942 -952 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.07 -55 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20`x' day of February, 2007, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 22" `r day of February, 2007. Marian R. Karr City Clerk fires i i x I Prepared by: Kimberly Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO. 07 -55 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ACT, INC. TO USE A PORTION OF CITY STREETS AND PUBLIC RIGHTS -OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. WHEREAS, ACT, Inc. 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 ACT, Inc. 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 ACT, Inc.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 ACT, Inc.'s expense. Passed and approved this 2nth day of February 2007. T L ATTEST: //% .1a ,) 1,4 . `�,) CITY -CLERK MAYOR Approved . it /►M CifrAtc�rnys • trice z -10m 13 10 Resolution No. 07 -55 Page 2 It was moved by yanderhoef and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Elliott x O'Donnell x Vanderhoef x Wilburn 10 AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND ACT, INC. FOR USE OF PUBLIC RIGHTS -OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. SECTION I. DEFINITIONS a. "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its officers, employees and agents. b. "Public Improvements" shall mean any publicly owned improvements on public property, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electrical transmission lines and equipment related thereto, cable and telephone lines and equipment related thereto. c. "Public Property" shall mean public -owned or controlled public land and rights -of -way, easements, bridges, parks squares and commons. d. "Network" shall mean ACT, Inc. 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 specifications. No such excavation, construction or erection shall be commenced before the 1Q 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, across, along, over or under any public property occupied by the Network, and to change any ra )0 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. As a condition of this agreement the Network 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 Network or any facilities requiring excavation of public property or public right -of -way shall require Network to restore and replace K3 \0 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. 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. rd ,0 If the Network fails to cure a default within the time allowed, the City shall have the right to: seek specific performance; or remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Network; or iii. seek damages of such default; or iv. any combination of (i), (ii) and (iii), SECTION 13. LIABILITY, INDEMNIFICATION AND INSURANCE 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 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 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 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 Network to relocate its facilities as provided in Section 8 hereof. k0 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 Network: Assistant VP Central Services ACT, Inc. 500 ACT Drive Iowa City, IA 52243 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. Dated this d0 day of CITY OF IOWA CITY 6a)), Li - -- Ross Wilburn, Mayor Attest: 2007, ACT, INC. By: (3c/ Print Name: 7kt)A46S S7elfVi5 �0 CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this W day of G :6 ar 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, persona appeared Ross Wilburn and Marian K. Karr, to me personally known, and, who, being by a 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 cogq,tajJned in Resolution No. 017—.r.6 and passed by the City Council, on the s$0 eb day of f ro (,p 2007, and that Ross Wilburn and Marian K. Karr acknowledged the execution said instr ment to be the voluntary act and deed and the voluntary act and deed of said corporation, by it and by them voluntarily executed. o r SONDRAEFORT _ Commission Number 159791 S17YlQIgµ¢.. My Commission Expires Notary Public in and for the State of Iowa 1 ? a n' My commission expires: '6471-?W NETWORK ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this _" day of rL6rft 2007, before me, the undersigned, a Notary Public in and for the State of I wa, in and for said county, personally appeared 'f1.b. w a. S "Woe to me personally known, vyhq being by me duly sworn did say that that person is the Ass, eet `�" r", yt CmtWSP tlP said corporation and that said instrument was signed on behalf of the said corporation by authority of its board of directors or trustees and the said 71.e t&& 3. Sir -j1K acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it voluntarily executed, aJ' rr RONALD R. KNOCHE r4 Commission Number 193076 ' e «r M MY COMISSI N EXPIRES l0 Z6 icoq Notary Public in and for the State of Iowa My commission expires: !o- zo -zooct U: \PW\STAFF \Kim J \ROW Agreements \Temporary - Fixed \Fiber Optic\ACT.doc 1O 0 AVE COURT ST I COURT ST ELF I MUSCATINE AVE a 1 A II � RD ® FIBER OPTIC ROUTE a N � � W 0 s McCarrel } Center N 420TH ST 10 WA CITY ACT Fiber Optic Location Map ENGINEERING DIVISION EXHIBIT A to Tee Doc ID: 020789380046 TVPS: DEN Recorded: 03/01/2007 at 03:05;37 PM Fee Amt: 8242.00 Page I of 48 Johnson Countv Iowa Kim Painter County Recorder SK4133 PD511.558 STATE OF IOWA ) ) SS JOHNSON COUNTY ) 1 r i CITY OF IOWA CITY CITY 410 East Washington Street Iowa City, Iowa 522401826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org I, Marian K. Karr; City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.07 -38 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 6th day of February, 2007, all as the same appears of record in my office. Also attached are the final legal documents for Stone Bridge Estates, Part Five as follows: I 1. Opinion of Attorney 2. Owner's Certificate & Dedication 3. Consent of Mortgagee (ISB &T) 4. Certificate of County Treasurer 5. Certificate of County Auditor 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. Permanent Sanitary Sewer Easement & Storm Sewer Easement (with plat attached) 13. Temporary Turnaround Easement Agreement Dated at Iowa City, Iowa, this v1 day of 2007. Marian K. Karr City Clerk rtes subdivision �a son I M is Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5243 (SUB06- 00016) RESOLUTION NO. 07 -38 RESOLUTION.APPROVING THE FINAL PLAT OF STONE BRIDGE ESTATES - PART FIVE, IOWA CITY, IOWA. WHEREAS, the owner /subdivider, Arlington Development LLC, filed with the City Clerk of Iowa City, Iowa, the final plat of Stone Bridge Estates - Part Five, Iowa City, Iowa; and WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson County, Iowa, to wit: A portion of the Southwest Quarter of the Southeast Quarter, and a portion of the Southeast Quarter of the Southeast Quarter, both of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City Johnson County, Iowa, the boundaries of which are more particularly described as follows: BEGINNING at the Southeast corner of Windsor Ridge - Part Fifteen, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 41, at Page 212, of the Records of the Johnson County Recorder's Office; Thence N00 °29'10 "W, along the East line of said Windsor Ridge - Part Fifteen, 691.97 feet, to the Southwest corner of Stone Bridge Estates, Part One, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 43, at Page 143, of the Records of the Johnson County Recorder's Office; Thence Northeasterly, 293.62 feet, along the Southerly line of said Stone Bridge Estates, Part One, and an arc of a 370.00 foot radius curve, concave Northwesterly, whose 285.97 foot chord bears N54 039'08 "E; Thence S58 °04'53 "E, along said Southerly line, 125.00 feet, to a point on the West line of Stone Bridge Estates, Part Three, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 44, at Page 57, of the Records of the Johnson County Recorder's Office; Thence S43 °07'03 "W, along said West line, 27.89 feet, to the Southwest corner thereof; Thence S54 °42'57 "E, along the Southerly line of said Stone Bridge Estates, Part Three, 179.65 feet; Thence Southwesterly, 176.49 feet, along an arc of a 670.00 foot radius curve, concave Northwesterly, whose 88.76 foot chord bears S42 °39'50 "W; Thence S39 °47'23 "E, 130.07 feet; Thence N55 037'36 "E, 26.19 feet; Thence S41 °38'39 "E, 122.07 feet; Thence Northeasterly, 22.54 feet, along an arc of a 924.77 foot radius curve, concave Northwesterly, whose 22.54 foot chord bears N47 039'26 "E; Thence S43 °02'28 "E, 83.33 feet; Thence S76 °48'42 "E, 120.00 feet; Thence N66 °07'50 "E, 35.78 feet; Thence S58 011'56 "E, 189.00 feet; Thence S31 048'04 "W, 27.01 feet; Thence Southwesterly, 10.77 feet, along an are of a 175.00 foot radius curve, concave Northwesterly, whose 10.77 foot chord bears S33 °33'53 "W; Thence S54 0401.18 "E, 233.77 feet, to a point on the Westerly line of Windsor Ridge - Part Twenty -One, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 50, at Page 93, of the Records of the Johnson County Recorder's Office; Thence S31 °48'04 "W, along said Westerly line, 79.33 feet; Thence S09 005'14 "W, along said Westerly line, 141.13 feet, to the Southwest corner thereof; Thence Northwesterly, 139.59 feet, along the Northerly Right -of -Way line of Court Street, and an arc of a 1950.00 foot radius curve, concave Northeasterly, whose 139.56 foot chord bears N78 051'45 "W; Thence N76 °48'42 "W, along said Northerly Right -of -Way line, 293.93 feet; Thence Northwesterly, 601.06 feet, along said Northerly Right -of -Way line, and an are of a 2926.05 foot radius curve, concave Southwesterly, whose 600.01 foot chord bears N82 °4147W, to said POINT OF BEGINNING, containing 12.92 acres, and subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and after due deliberation, recommended acceptance and approval of the plat; and 5 �.. � 1 Resolution No. nv -ju Page 2 WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2005) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The final plat of Stone Bridge — Part Five, Iowa City, Iowa located on the above - described real estate is hereby approved. 2. The City accepts the dedication of the street, easements and public open spaces as provided by and specifically sets aside portions of 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 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 February 20_QL. f MAYOR Approved by ' / ATTEST: °� 9 sr r J `v' /07 CIT CLERK i y Attor ey's Office 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 NAYS: ABSENT: Bailey Champion Correia Elliot O'Donnell Vanderhoef Wilburn pcd/staH reports/res/Pinal- resSUB06-00016 Stone Bridge Part 5.doc.doc \� OPINION OF ATTORNEY STONE BRIDGE ESTATES - PART FIVE 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 The simple title to said property, to become known as Stone Bridge Estates — Part Five, 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 Iowa State Bank and Trust Company, 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 2nd day of February, 2007. he`a't Michael J. Pugh Bradley & Riley PC Tower Place One South Gilbert Street Iowa City, IA 52240 {00392143.DOC} EXHIBIT "A" LEGAL DESCRIPTION STONE BRIDGE ESTATES - PART FIVE A portion of the Southwest Quarter of the Southeast Quarter, and a portion of the Southeast Quarter of the Southeast Quarter, both of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City Johnson County, Iowa, the boundaries of which are more particularly described as follows: BEGINNING at the Southeast corner of Windsor Ridge - Part Fifteen, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 41, at Page 212, of the Records of the Johnson County Recorder's Office; Thence N00 029'10 "W, along the East line of said Windsor Ridge - Part Fifteen, 691.97 feet, to the Southwest corner of Stone Bridge Estates, Part One, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 43, at Page 143, of the Records of the Johnson County Recorder's Office; Thence Northeasterly, 293.62 feet, along the Southerly line of said Stone Bridge Estates, Part One, and an arc of a 370.00 foot radius curve, concave Northwesterly, whose 285.97 foot chord bears N54 °39'08 "E; Thence S58 °04'53 "E, along said Southerly line, 125.00 feet, to a point on the West line of Stone Bridge Estates, Part Three, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 44, at Page 57, of the Records of the Johnson County Recorder's Office; Thence S43 007'03 "W, along said West line, 27.89 feet, to the Southwest corner thereof; Thence S54 042'57 "E, along the Southerly line of said Stone Bridge Estates, Part Three, 179.65 feet; Thence Southwesterly, 176.49 feet, along an arc of a 670.00 foot radius curve, concave Northwesterly, whose 88.76 foot chord bears S42 039'50 "W; Thence S39 047'23 "E, 130.07 feet; Thence N55 037'36 "E, 26.19 feet; Thence S41 °38'39 "E, 122.07 feet; Thence Northeasterly, 22.54 feet, along an, arc of a 924.77 foot radius curve, concave Northwesterly, whose 22.54 foot chord bears N47 039'26 "E; Thence S43 002'28 "E, 83.33 feet; Thence S76 048'42 "E, 120.00 feet; Thence N66 °07'50 "E, 35.78 feet; Thence S5801 1'56"E, 189.00 feet; Thence S31 °48'04 "W, 27.01 feet; Thence Southwesterly, 10.77 feet, along an arc of a 175.00 foot radius curve, concave Northwesterly, whose 10.77 foot chord bears S33 °33'53 "W; Thence S54 °40'18 "E, 233.77 feet, to a point on the Westerly line of Windsor Ridge - Part Twenty -One, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 50, at Page 93, of the Records of the Johnson County Recorder's Office; Thence S31 °48'04 "W, along said Westerly line, 79.33 feet; Thence S09 005'14 "W, along said Westerly line, 141.13 feet, to the Southwest corner thereof; Thence Northwesterly, 139.59 feet, along the Northerly Right -of -Way line of Court Street, and an arc of a 1950.00 foot radius curve, concave Northeasterly, whose 139.56 foot chord bears N78 °51'45 "W; Thence N76 048'42 "W, along said Northerly Right -of -Way line, 293.93 feet; Thence Northwesterly, 601.06 feet, along said Northerly Right -of -Way line, and an arc of a 2926.05 foot radius curve, concave Southwesterly, whose 600.01 foot chord bears N82 °41'47 "W, to said POINT OF BEGINNING, containing 12.92 acres, and subject to easements and restrictions of record. {00387030} OWNER'S CERTIFICATE AND DEDICATION STONE BRIDGE ESTATES - PART FIVE 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 Five 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 Five, Iowa City, Iowa, are hereby dedicated to the public, as provided by Chapter 354 of the 2005 Code of Iowa, as amended. IN WITNESS WHEREOF, the proprietors have caused these presents to be signed on this ay day of 7anu0.!21 2007. ARLINGTCIN DEVELOPMENT, INC. By: L ao� G ry alts, President W. Moreland, Jr., Secretary CITY OF I A CITY, IL,,_ Ross Wilburn, Mayor1 J By:�s,J �(✓ M'arian K. Karr, City Clerk {00392146.DOC} STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this d9 day of J &A(,6!!":r , 2007 by Gary D. Watts, as President of Arlington Development, Inc. Notary Public A an or said State STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this Ay day of 2007 by John W. Moreland, Jr., as Secretary of Arlington DeV syy F ce t n MICH AEL PUGH Cx Num ber 175282 mw � Q v ) Notary Public in alld for d State STATE OF IOWA ) ) ss: COUNTY OF JOHNSON )_ On this (0 17 day of �eate 2007, before me, the undersigned, a Notary Public in and for the State of towa, personally appeared Ross Wilburn 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 Ross Wilburn 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. W., SONDRAEFORT Commission Number 159791 1�'t"ti/ My Commission Expires S Notary Public in and for said State (00392146.DOC) EXHIBIT "A" LEGAL DESCRIPTION STONE BRIDGE ESTATES - PART FIVE A portion of the Southwest Quarter of the Southeast Quarter, and a portion of the Southeast Quarter of the Southeast Quarter, both of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City Johnson County, Iowa, the boundaries of which are more particularly described as follows: BEGINNING at the Southeast corner of Windsor Ridge - Part Fifteen, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 41, at Page 212, of the Records of the Johnson County Recorder's Office; Thence N00 °29'10 "W, along the East line of said Windsor Ridge - Part Fifteen, 691.97 feet, to the Southwest corner of Stone Bridge Estates, Part One, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 43, at Page 143, of the Records of the Johnson County Recorder's Office; Thence Northeasterly, 293.62 feet, along the Southerly line of said Stone Bridge Estates, Part One, and an arc of a 370.00 foot radius curve, concave Northwesterly, whose 285.97 foot chord bears N54 039'08 "E; Thence S58 004'53 "E, along said Southerly line, 125.00 feet, to a point on the West line of Stone Bridge Estates, Part Three, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 44, at Page 57, of the Records of the Johnson County Recorder's Office; Thence S43 007'03 "W, along said West line, 27.89 feet, to the Southwest corner thereof; Thence S54 °42'57 "E, along the Southerly line of said Stone Bridge Estates, Part Three, 179.65 feet; Thence Southwesterly, 176.49 feet, along an are of a 670.00 foot radius curve, concave Northwesterly, whose 88.76 foot chord bears S42 039'50 "W; Thence S39 047'23 "E, 130.07 feet; Thence N55 °37'36 "E, 26.19 feet; Thence S41 °38'39 "E, 122.07 feet; Thence Northeasterly, 22.54 feet, along an arc of a 924.77 foot radius curve, concave Northwesterly, whose 22.54 foot chord bears N47 °39'26 "E; Thence S43 °02'28 "E, 83.33 feet; Thence S76 °48'42 "E, 120.06 feet; Thence N66 007'50 "E, 35.78 feet; Thence S5801 1'56"E, 189.00 feet; Thence S31 °48'04 "W, 27.01 feet; Thence Southwesterly, 10.77 feet, along an arc of a 175.00 foot radius curve, concave Northwesterly, whose 10.77 foot chord bears S33 033'53 "W; Thence S54 °40'1 8 "E, 233.77 feet, to a point on the Westerly line of Windsor Ridge - Part Twenty -One, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 50, at Page 93, of the Records of the Johnson County Recorder's Office; Thence S31 °48'04 "W, along said Westerly line, 79.33 feet; Thence S09 °05'14 "W, along said Westerly line, 141.13 feet, to the Southwest corner thereof; Thence Northwesterly, 139.59 feet, along the Northerly Right -of -Way line of Court Street, and an are of a 1950.00 foot radius curve, concave Northeasterly, whose 139.56 foot chord bears N78 051'45 "W; Thence N76 048'42 "W, along said Northerly Right -of -Way line, 293.93 feet; Thence Northwesterly, 601.06 feet, along said Northerly Right -of -Way line, and an arc of a 2926.05 foot radius curve, concave Southwesterly, whose 600.01 foot chord bears N82 °41'47 "W, to said POINT OF BEGINNING, containing 12.92 acres, and subject to easements and restrictions of record. {00387030} CONSENT OF MORTGAGEE TO SUBDIVISION STONE BRIDGE ESTATES - PART FIVE The undersigned, Iowa State Bank and Trust Company, is the Mortgagee of Mortgages from the following: A. Arlington Development, Inc., dated the 25th day of January, 2007, and recorded the 18t day of February, 2007, in Book 4125, at Page 716 of the Mortgage Records of the Recorder of Johnson County, Iowa. Said Mortgages record therein that property to be designated as Stone Bridge Estates - Part Five 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 Za day of February, 2007. gPNK &° TAUS CORF[71iA "(ET�cP �'• SEAL e`? 4 CM .% moo•° . ° Q °' (00392145.DOC) IOWA STATE BANK AND TRUST COMPANY \\1 STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) On this � day of February, 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared L Vanai and _ Sr k�4_, to me personally known, who n me my sworn, did say that they are the iu re acL and fX(,n_4 y-e V co�S Morporation executing the within and foregoing instrument to which this is attached, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that � ar , and LZe02, as officers acknowledged the execution of the foregoirig instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. ✓LO No WuOjc in *d for said State �+`'� `•f � J 10 Y. 6ALUIMOT OM MISStON NUMAk 707815 app MY COMM. EXR aI„ � (00392145.DOC) EXHIBIT "A" LEGAL DESCRIPTION STONE BRIDGE ESTATES - PART FIVE A portion of the Southwest Quarter of the Southeast Quarter, and a portion of the Southeast Quarter of the Southeast Quarter, both of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City Johnson County, Iowa, the boundaries of which are more particularly described as follows: BEGINNING at the Southeast corner of Windsor Ridge - Part Fifteen, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 41, at Page 212, of the Records of the Johnson County Recorder's Office; Thence N00 °29'10 "W, along the East line of said Windsor Ridge - Part Fifteen, 691.97 feet, to the Southwest corner of Stone Bridge Estates, Part One, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 43, at Page 143, of the Records of the Johnson County Recorder's Office; Thence Northeasterly, 293.62 feet, along the Southerly line of said Stone Bridge Estates, Part One, and an arc of a 370.00 foot radius curve, concave Northwesterly, whose 285.97 foot chord bears N54 039'08 "E; Thence S58 °04'53 "E, along said Southerly line, 125.00 feet, to a point on the West line of Stone Bridge Estates, Part Three, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 44, at Page 57, of the Records of the Johnson County Recorder's Office; Thence S43 007'03 "W, along said West line, 27.89 feet, to the Southwest corner thereof; Thence S54 °42'57 "E, along the Southerly line of said Stone Bridge Estates, Part Three, 179.65 feet; Thence Southwesterly, 176.49 feet, along an arc of a 670.00 foot radius curve, concave Northwesterly, whose 88.76 foot chord bears S42 °39'50 "W; Thence S39 °47'23 "E, 130.07 feet; Thence N55 037'36 "E, 26.19 feet; Thence S41 °38'39 "E, 122.07 feet; Thence Northeasterly, 22.54 feet, along an arc of a 924.77 foot radius curve, concave Northwesterly, whose 22.54 foot chord bears N47 039'26 "E; Thence S43 °02'28 "E, 83.33 feet; Thence S76 048'42 "E, 120.00 feet; Thence N66 007'50 "E, 35.78 feet; Thence S58 °1 1'56 "E, 189.00 feet; Thence S31 °48'04 "W, 27.01 feet; Thence Southwesterly, 10.77 feet, along an arc of a 175.00 foot radius curve, concave Northwesterly, whose 10.77 foot chord bears S33 033'53 "W; Thence S54'40'1 8"E, 233.77 feet, to a point on the Westerly line of Windsor Ridge - Part Twenty -One, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 50, at Page 93, of the Records of the Johnson County Recorder's Office; Thence S31 °48'04 "W, along said Westerly line, 79.33 feet; Thence S09 005'14 "W, along said Westerly line, 141.13 feet, to the Southwest corner thereof; Thence Northwesterly, 139.59 feet, along the Northerly Right -of -Way line of Court Street, and an arc of a 1950.00 foot radius curve, concave Northeasterly, whose 139.56 foot chord bears N78 °51'45 "W; Thence N76 048'42 "W, along said Northerly Right -of -Way line, 293.93 feet; Thence Northwesterly, 601.06 feet, along said Northerly Right -of -Way line, and an arc of a 2926.05 foot radius curve, concave Southwesterly, whose 600.01 foot chord bears N82 °41'47 "W, to said POINT OF BEGINNING, containing 12.92 acres, and subject to easements and restrictions of record. {00387030} N\1 CERTIFICATE OF COUNTY TREASURER STONE BRIDGE ESTATES - PART FIVE 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 Five, 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 1St day of FE81)a4rjej , 2007. Thomas L. Kriz, Treasurer of Johnson County, Iowa Parcel Nos. 0907476002 0907401007 {00392148.DOC) EXHIBIT "A" LEGAL DESCRIPTION STONE BRIDGE ESTATES - PART FIVE A portion of the Southwest Quarter of the Southeast Quarter, and a portion of the Southeast Quarter of the Southeast Quarter, both of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City Johnson County, Iowa, the boundaries of which are more particularly described as follows: BEGINNING at the Southeast corner of Windsor Ridge - Part Fifteen, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 41, at Page 212, of the Records of the Johnson County. Recorder's Office; Thence N00 029'10 "W, along the East line of said Windsor Ridge - Part Fifteen, 691.97 feet, to the Southwest corner of Stone Bridge Estates, Part One, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 43, at Page 143, of the Records of the Johnson County Recorder's Office; Thence Northeasterly, 293.62 feet, along the Southerly line of said Stone Bridge Estates, Part One, and an arc of a 370.00 foot radius curve, concave Northwesterly, whose 285.97 foot chord bears N54 °39'08 "E; Thence S58 004'53 "E, along said Southerly line, 125.00 feet, to a point on the West line of Stone Bridge Estates, Part Three, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 44, at Page 57, of the Records of the Johnson County Recorder's Office; Thence S43 °07'03 "W, along said West line, 27.89 feet, to the Southwest corner thereof; Thence S54 042'57 "E, along the Southerly line of said Stone Bridge Estates, Part Three, 179.65 feet; Thence Southwesterly, 176.49 feet, along an arc of a 670.00 foot radius curve, concave Northwesterly, whose 88.76 foot chord bears S42 039'50 "W; Thence S39 °47'23 "E, 130.07 feet; Thence N55 °37'36 "E, 26.19 feet; Thence S41 °38'39 "E, 122.07 feet; Thence Northeasterly, 22.54 feet, along an arc of a 924.77 foot radius curve, concave Northwesterly, whose 22.54 foot chord bears N47 039'26 "E; Thence S43 °02'28 "E, 83.33 feet; Thence S76 °48'42 "E, 120.00 feet; Thence N66 007'50 "E, 35.78 feet; Thence S5801 1'56"E, 189.00 feet; Thence S31 °48'04 "W, 27.01 feet; Thence Southwesterly, 10.77 feet, along an arc of a 175.00 foot radius curve, concave Northwesterly, whose 10.77 foot chord bears S33 °33'53 "W; Thence S54040'1 8"E, 233.77 feet, to a point on the Westerly line of Windsor Ridge - Part Twenty -One, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 50, at Page 93, of the Records of the Johnson County Recorder's Office; Thence S31 048'04 "W, along said Westerly line, 79.33 feet; Thence S09 °05'14 "W, along said Westerly line, 141.13 feet, to the Southwest corner thereof; Thence Northwesterly, 139.59 feet, along the Northerly Right -of -Way line of Court Street, and an arc of a 1950.00 foot radius curve, concave Northeasterly, whose 139.56 foot chord bears N78 051'45 "W; Thence N76 °48'42 "W, along said Northerly Right -of -Way line, 293.93 feet; Thence Northwesterly, 601.06 feet, along said Northerly Right -of -Way line, and an arc of a 2926.05 foot radius curve, concave. Southwesterly, whose 600.01 foot chord bears N82 °41'47 "W, to said POINT OF BEGINNING, containing 12.92 acres, and subject to easements and restrictions of record. {00387030} CERTIFICATE OF COUNTY AUDITOR STONE BRIDGE ESTATES - PART FIVE I, Tom Slockett, the Johnson County Auditor, hereby approve of Stone Bridge Estates - Part Five as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: See Exhibit "A ". Tom Slockett, Johgsprt, Ou udi, tars Date( {00392156,DOC} N\ EXHIBIT "A" LEGAL DESCRIPTION STONE BRIDGE ESTATES - PART FIVE A portion of the Southwest Quarter of the Southeast Quarter, and a portion of the Southeast Quarter of the Southeast Quarter, both of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City Johnson County, Iowa, the boundaries of which are more particularly described as follows: BEGINNING at the Southeast corner of Windsor Ridge - Part Fifteen, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 41, at Page 212, of the Records of the Johnson County Recorder's Office; Thence N00 029'10 "W, along the East line of said Windsor Ridge - Part Fifteen, 691.97 feet, to the Southwest corner of Stone Bridge Estates, Part One, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 43, at Page 143, of the Records of the Johnson County Recorder's Office; Thence Northeasterly, 293.62 feet, along the Southerly line of said Stone Bridge Estates, Part One, and an arc of a 370.00 foot radius curve, concave Northwesterly, whose 285.97 foot chord bears N54 039'08 "E; Thence S58 004'53 "E, along said Southerly line, 125.00 feet, to a point on the West line of Stone Bridge Estates, Part Three, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 44, at Page 57, of the Records of the Johnson County Recorder's Office; Thence S43 °07'03 "W, along said West line, 27.89 feet, to the Southwest corner thereof; Thence S54 042'57 "E, along the Southerly line of said Stone Bridge Estates, Part Three, 179.65 feet; Thence Southwesterly, 176.49 feet, along an arc of a 670.00 foot radius curve, concave Northwesterly, whose 88.76 foot chord bears S42 039'50 "W; Thence S39 047'23 "E, 130.07 feet; Thence N55 °37'36 "E, 26.19 feet; Thence S41 °38'39 "E, 122.07 feet; Thence Northeasterly, 22.54 feet, along an arc of a 924.77 foot radius curve, concave Northwesterly, whose 22.54 foot chord bears N47 039'26 "E; Thence S43 002'28 "E, 83.33 feet; Thence S76 048'42 "E, 120.00 feet; Thence N66 007'50 "E, 35.78 feet; Thence S58 °11'56 "E, 189.00 feet; Thence S31 °48'04 "W, 27.01 feet; Thence Southwesterly, 10.77 feet, along an are of a 175.00 foot radius curve, concave Northwesterly, whose 10.77 foot chord . bears S33 033'53 "W; Thence S54 °40'1 WE, 233.77 feet, to a point on the Westerly line of Windsor Ridge - Part Twenty -One, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 50, at Page 93, of the Records of the Johnson County Recorder's Office; Thence S31 048'04 "W, along said Westerly line, 79.33 feet; Thence S09 005'14 "W, along said Westerly line, 141.13 feet, to the Southwest corner thereof; Thence Northwesterly, 139.59 feet, along the Northerly Right -of -Way line of Court Street, and an arc of a 1950.00 foot radius curve, concave Northeasterly, whose 139.56 foot chord bears N78 °51'45 "W; Thence N76 °48'42 "W, along said Northerly Right -of -Way line, 293.93 feet; Thence Northwesterly, 601.06 feet, along said Northerly Right -of -Way line, and an arc of a 2926.05 foot radius curve, concave Southwesterly, whose 600.01 foot chord bears N82 041'47 "W, to said POINT OF BEGINNING, containing 12.92 acres, and subject to easements and restrictions of record. {00387030} 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 FIVE 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 Five, 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 Whitechapel Drive, Eversull 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) A four (4) foot sidewalk along the Arlington Drive frontage of Outlot "D" when Arlington Drive is paved. (e) An eight (8) foot sidewalk along the Court Street frontage of Outlot "D" when Arlington Drive is paved. The Subdivider shall contract for the installation of the t00407605.00c? 1�1 -2- sidewalk. The City shall reimburse the Subdivider for those costs exceeding the cost to install a four (4) foot sidewalk. However, it is herein noted that the bids received for four (4) foot and eight (8) foot sidewalks, which will be used to compute said reimbursement, shall be balanced and reasonable bids; otherwise, average costs for installing (4) foot and eight (8) foot sidewalks under like conditions will be used in calculating the City's reimbursement obligation hereunder. (f) Concrete trail eight feet (8') in width within the Trail Easement shown on Outlot "D ", said trail to be constructed in accordance with the plans and specifications approved by the Iowa City Engineer. (g) A temporary turnaround at the end of Colchester 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 .Court Street, Arlington Drive, Colchester Drive, Whitechapel Drive and Eversull Lane. With the exception of (00407606.DOC) -3- the sidewalk adjacent to Court Street, which shall be eight (8) feet in width as specified herein, 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 -1C -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. 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. (00407605.DOC) -4- Section 7. Use of Escrow Monies. If, after the issuance of an occupancy permit, the Improvements have not been constructed and installed, the City may use funds deposited in the Improvements Escrow to construct and install such Improvements. If the cost of the construction and installation of said Improvements exceeds the amount of said escrows, the City shall have a lien and charge against all the lots in the subdivision for the balance of the cost. After the construction and installation of the Improvements, the City shall refund to the Subdivider any Improvements Escrow monies not used by the City for the construction and installation of such Improvements. Section 8. Waiver. If the Subdivider, its assigns or successors in interest, sells or conveys lots in the Subdivision without first constructing or installing the required Improvements or sidewalks, the City shall have the right to install and construct said Improvements, or sidewalks. Subdivider acknowledges and agrees that all lots in the subdivision are specifically benefited by the Improvements, so the cost of installing and constructing Improvements shall be a lien and charge against all the lots in the subdivision under Chapter 384 of the 2005 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 on each lot. It is further agreed that this requirement to construct said Improvements and sidewalks is and shall remain a lien from date of execution and recording of this agreement until properly released, as hereinafter provided. Section 9. Release. The City agrees that when the Improvements have been installed as required to the satisfaction of the City, the City will, upon request, promptly issue to the Subdivider, for recording in the Office of the Johnson County Recorder, a good and sufficient release for the lots in the subdivision so that this Agreement will not constitute a cloud upon the title of the lots in the subdivision. _ The Iowa City Mayor and City Clerk are hereby authorized to execute said release, and all other necessary and appropriate releases, with the concurrence of the City Attorney and City Engineer. A separate sidewalk lien release will be issued where appropriate as set forth in Section 4. Section 10. Street Maintenance and Public Services The Subdivider agrees that 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, Whitechapel Drive and Eversull Lane are installed and accepted by the City. {00407605.DOC} \\ -5- 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 and .6 acres for Windsor Ridge Part Twenty -One). It is agreed that said requirement shall be met upon development of the balance of Stone Bridge Estates, 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 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 "D" within the subdivision shall be private open space and not for public use. Said Outlot shall be owned and maintained by the Subdivider, or an Owners association. (c) It is anticipated that O.L. "E" shall be conveyed to an adjacent property owner. The City shall have no maintenance obligation with respect to this Outlot. Maintenance of O.L. "E" shall be the obligation of Subdivider or an Owners association until it is conveyed to an adjacent property owner. (d) Prior to issuance of any building permit for any lot in the subdivision, Subdivider shall install a landscape buffer consistent with the landscape buffer as depicted on the approved preliminary plat for the subdivision, within Lots 8, 9 and Outlot "D". Any fencing on Lots 8 and 9 or Outlot "D" shall be placed north of the landscape buffer. (e) The Subdivider and /or its successors in interest, which may be a homeowner's association, shall have the obligation to maintain the landscape buffer, street medians and Outlot D, including the trail and sidewalk within Outlot D. 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 landscape buffer and Outlot D, 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. {00407605.DOC} \ (f) Basements are permitted in dwelling units for all lots in the subdivision; however, basements for dwelling units on lots 19 and 20 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 19 and 20 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 property installed to the subdivision's subsurface drainage system; (g) Prior to the issuance of the first building permit, the Subdivider shall pay the City a water main extension fee in the amount of $5,103.40 (12.92 acres x $395 per acre). 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. Dated this .2 y day of T0-nua!4 2007. ARLING 0 DEVELOPMENT, INC. By Gary. . Watts, President CITY OF IOWA CITY, IOWA By: oss Wilburn, Mayor {00407605.DOC} -7- ATTEST: By: e. Azu2 Marian K. Karr, City Clerk STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this -2f day of 2007 by Gary D. Watts as President of Arlington Development, i-nc.j. WniCyFAEL J, pUGH � t75xe 2 po eq U9 Notary Public fn an r said State STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this .2Y day of Ja^ ^°I , 2007 by John W. Moreland, Jr. as Secretary of Arlington Deve V AE L J. PUGH mkolon '►�Ybn� STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) 0/4� A4,(a�� Notary Public in and fdrloaid State On this day of r r.ti ar 2007, before me, the undersigned, a Notary Public in and for said County and S46te, personally appeared Ross Wilburn 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 s alee�ao. behalf of the corporation by authority of its City Council, as contained in No. 67-3? passed by Resolution of the City Council under Roll Call No. of the City Council on the b+�- day of 'Ez rkar 2007; 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. o 80WRAEFORT iZbV() . Commission Numbr 159791 rmrn¢2 My Commission Expires 3 o a Notary Public in and for said State {00407605.DOC} \ 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 FIVE In consideration of the approval of the Final Plat of Stone Bridge Estates - Part Five, Iowa City, Iowa, the undersigned owners hereby grant to MidAmerican Energy, Qwest Communications International, Inc. and Mediacom, and their successors, a perpetual easement upon, over, under, along and across the areas designated on the Final Plat of Stone Bridge Estates - Part Five, Iowa City, Iowa, as "Utility Easement ", "Util Ease ", "Util Easement" and "Utility Ease" 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 (00392159.DOC} -2- 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 �14 day of Y.an(A a! -j , 2007. ARLINGTON - DEVELOPMENT, INC. Gary D. W�tts, President By Jo W. Moreland, Jr., Secretary STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this 2g day of fAA(A." , 2007 by Gary D. Watts as President of Arlington Development, Inc. oMomlGr� JPU�H �et.7a �� 2M Notary Public ii/ntan forr s i State STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this X" day of �0' nwawi , 2007 by John W. Moreland, Jr. as Secretary of Arlington Devel2l2ment, Inc. MICHAEL J. PUGH commission Number e82 C 209 ires July 8, 0 n n Notary Public in and for s6iA State (00392159.DOC} 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 FIVE 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 Five, 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 (00392174.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 2y day of J"Gnu,a!nj 2007. ARZGary. EE%LOPMENT, INC. By , President (00392174.DOC) -3- CITY OF CITY, IOWA jj By: ( /�.J, Ross Wilburn, Mayor ATTEST: By: — " �Y Marian K. Karr, City Clerk STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) . This instrument was acknowledged before me on this -?T day of �G �Ck" , 2007 by Gary D. Watts as President of Arlington Development, Inc. ,� MICHAEL J. PUCt°1 CpnnYe )n Number 175282 *=bW0n9 lon Expires 2008 STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) ff4e,(4 ��4A/ - AVt/-� Notary Public in Ad Fq66id State This instrument was acknowledged before me on this aY day of j-6naa _1 2007 by John W. Moreland, Jr. as Secretary of Arlington Development, Inc. q MICHAEL J. PUGH R Commleelon Number 175282 My J 2 �M STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) AL a 0 Nbta4y Public in d fo id State On this 6 A day of F4 �n� -av-�i , 2007, before me, the undersigned, a Notary Public in and for the Stat4 of Iowa, personally appeared Ross Wilburn 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 {00392174.DOC} corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council; and that Ross Wilburn 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. %OwSONDRAE FORT Commisslan Number 15991 My Cammf sion Ex ires / {00392174.DOC} Srmsu. Fwd 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 WATER MAIN EASEMENT AGREEMENT STONE BRIDGE ESTATES - PART FIVE THIS AGREEMENT made by and between Arlington Development, Inc., hereinafter called "Subdivider ", which expression shall include its successors and assigns, and the City of Iowa City, Iowa, a municipal corporation hereinafter called the "City ". WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Subdivider hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such water lines, pipes, mains, and conduits as the City shall from time to time elect for conveying water, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as "Water Main Easement' on the Final Plat of Stone Bridge Estates - Part Five, Iowa City, Iowa, hereafter described as "easement areas." Subdivider further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas to such extent as the City may find reasonably necessary. {00392178.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. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Subdivider reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that Subdivider shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Fences and /or trees placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and has good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Subdivider until completion and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. {00392178.DOC} \\ — 3 — Dated this �'q day of -"r'`" 2007. OWNER ARLINGT EVELOPMENT, INC. By Cary D. VRatts, President Q 0 W. MorelanO, Jr., Secretary CITY OF I CITY, IOWA By: Ross Wilburn, Mayor ATTEST: By:— -)�. J Marian K. Karr, City Clerk STATE OF IOWA ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this A day of Inc. _.T(p„_, 2007 by Gary D. Watts, as President of Arlington Development, MICHAEL J. 7 2 Comm4Non Nuriber 175282 rai �A� Notary Public in and fo6Aid State STATE OF IOWA ss: COUNTY OF JOHNSON This instrument was acknowledged before me on this ?t`( day of 'T-"'O " , 2007 by John W. Moreland, Jr. as Secretary of Arlington Development, Inc. MICHAEL J. PUGH CW06WDn Number 175282 ff/u� aj�4�� MY COMMWIDn July oog `� Notary Public in and for sz {State {00392178. \\ - 4 - STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) +1ti On this ( day of r.c ar , 2007, before me, the undersigned, a Notary Public in and for the State of lo , personally appeared Ross Wilburn 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 Ross Wilburn 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. livEl 791s {00392178.DOC) e �rr'6 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 STORM SEWER AND DRAINAGE EASEMENT AGREEMENT STONE BRIDGE ESTATES - PART FIVE 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 Five, 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 (0039216LDOC) -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 ?.N day of 2007. ARLINGTON I3EVELOPMENT, INC. By Gary D atts, President (00392161.DOC)2 \\ ATTEST: By: �/' Ma ian K. Karr, City Clerk STATE OF IOWA ss: COUNTY OF JOHNSON -3- CITY OF IOWA CITY, IOWA By: Ql�-- ,&,a oss Wilburn, Mayor This instrument was acknowledged before me on this 14 day of ,1-& erv) 2007 by Gary D. Watts as President of Arlington Development, Inc. MICHAELJ.PUGH P $ ConY11NNOn Number 175282 �20. res Notary Public in a d for & State STATE OF IOWA ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this �°/ day of 'Tar%c"!wj , 2007 by John W. Moreland, Jr. as Secretary of Arlington Development, Inc. MICHAEL J. PUGH CumMwlon Number 175282 Myth res STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) Notary Public in and for sa' State On this GF� day of g- Lmcavi 2007, before me, the undersigned, a Notary Public in and for the State of fowa, personally appeared Ross Wilburn 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 Ross Wilburn and Marian K. Karr acknowledge the execution (00392161.DOC)3 -4- 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. wow, � SONDRAE PORT 5 �� _ Commission Number 159791 • MyCo� i Sion plres Notary Public in and for said State (00392161.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 FIVE 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 a public trail over and across the area designated as "Trail Easement" within Outlot "D" as shown on the Final Plat of Stone Bridge Estates - Part Five, 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. (00392187.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 %K day of January, 2007. ARLINGT�}C N DEVELOPMENT, INC. In {00392187.DOC) ent Jo0gW. Moreland, Jr., Secreta -3- CITY OF IOWA CITY, IOWA By: Ross Wilburn, Mayor ATTEST: By:ff�u� Mar —man K. Karr, City Clerk STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this � 4 day of Jdnaa.! 2007 by Gary D. Watts as President of Arlington Development, Inc. MICHAEL J. PUGH �. Co w"M Number 175282 rw Uy%7"20,WW0E60M STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) Notary Public in an (Yfors State This instrument was acknowledged before me on this .?Y day of JAn(Aawl , 2007 by John W. Moreland, Jr. as Secretary of Arlington Development, Inc. �. MICHAEL J. PUGH F CWW&don Number 175282 agy A 200Y a STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) &a6-1 Notary Public in and f6r sai tate On this 6day of F2 b✓a0.ru_ 2007, before me, the undersigned, a Notary Public in and for the State& Iowa, personally appeared Ross Wilburn 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 (00392187.DOC) M corporation, by authority of its City Council; and that Ross Wilburn 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. Woy- 0 M V.yy o {00392187.DOC} Notary Public in and for said State 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 PERMANENT 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. . f00407594.DOC) \\ 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 {00407594.DOC} \\ 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. SIGNS '11 day of January, 2007. Ga D. Wa s Becky J. Vlattg Aoaa Q mc"2t/f-'�'j Joh .Moreland, Jr. Sandra J. Moreland CITY OF IOWA CITY, IOWA By: Ross Wilburn, Mayor ATTEST: By: Ae Marian K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me on this ✓'y day of January, 2007 by Gary D. Watts. MICHAEL J. PUGH wx%tm d Ir Number 175282 r4W � 2M Notary Public in ang for & State STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me on this 3 day of January, 2007 by Becky J. Watts, MICHAEL J. PUGH COe WNh Number 175282 My CWWrAelon Notary Public in an for sbb s ' State 100407594. DOC) 3 \\ STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me on this Xc/ day of January, 2007 by John W. Moreland, Jr. MICHAEL J. PUGH &�0-44'� 0wrial abn Number 175x82 Notary Public in and or sai tate • My nEx res STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me on this P( day of January, 2007 by Sandra J. Moreland. wigiGH iT.i28x Notary Public in a for a' State MY 20, STATE OF IOWA, COUNTY OF JOHNSON) ss: On this 10" day ofJanuar2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn 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 Ross Wilburn 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. Ste_ P kiw Nota Public in and for said State 9791 ry es (00407594. 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Pugh Bradley & 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 FIVE 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 within Stone Bridge Estates - Part Five pursuant to the Subdivider's Agreement for said subdivision. 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 is extended in a northeasterly direction from Stone Bridge Estates - Part Five. {00407619.DOC) 1\\ This easement shall inure to the benefit of and bind and the successors and assigns of the respective partiess /Ifeeq. All covenants shall be deemed to apply to and run with the title to the land. STATE OF IOWA FIZN COUNTY OF JOHNSON 4444 q- 'AR& Becky 4Wat s LCL'�- 2 v Sandra J. oreland lJ Watts. This instrument was acknowledged before me on this 2 f day of January, 2007, by Gary D. MICHAEL J. PUGH . � OamYeelon IAnilor 175282 � Notary Public in and for sai tate STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowled ed before me on this 3 day ofJanuuary, 2007, by Becky J. Watts. MICHAEL J. PUGH W" '�'1 '! . Owffh llon Number 175282 Jully 20, 1200F�iree Notary Public in nd f aid State STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this AY day of January, 2007, by John W. Moreland, Jr. MICHAEL J. PUGH Co mmielon Number 1175282 MY 1200D�es STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) Notary Public in and for s ' State This instrument was acknowledged before me on this Ji day of January, 2007, Sandra J. Moreland. f °' MICHAEL J. PUGH �R Number 175282 Notary Public in and or s "d late July 28, Zoos (00407619.DOC) �\ ('n O eJ O S J � i Doc ID: 020780140001 Tvoe: GEN Recorded: 03/02/2007 at 10 :58:56 AM Fee Amt: $12.00 Pace 1 of 1 Johnson Countv Iowa Kim Painter Countv Recorder BK4133 Pa890 STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) � r s� ,�► �r'Ill�i � CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby state that Resolution #06 -85 (Windsor West Subdivision) which was previously recorded on April 4, 2006, Book 4006, Page 824 -877, along with the final plat, Book 50, Page 266 should have included a Site Grading and Erosion Control Plan and Sensitive Areas Development Plan. The attached Amended Site Grading and Erosion Control Plan and Sensitive Areas Development Plan should be recorded at this time. Dated at Iowa City, Iowa, this 1st day of March, 2007. ki V � uQ 7� h/. Ku't�) Marian K. Karr City Clerk ® \rllaterial 'Q9��s \'P � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIilllilllllillllllllllllllllllllllllllllllllll Doc ID: 020804050008 Tyne: GEN Recorded: 03/23/2007 at 11:03:29 Fee Amt: $42.00 Pace 1 of 8 Johnson Countv Iowa Kim Painter Countv Recorder BK4139 PG515 -522 STATE OF IOWA ) )SS JOHNSON COUNTY ) AM , P VIII p � CITY OF IOWA CITY 410 East Washington Sweet 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.07 -4254 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20"' day of March, 2007, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 22nd day of March, 2007. 2q����� Mari K. Karr City Clerk \ord CORPORATE SEAL �3 Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5239 , ORDINANCE NO. 07 -4254 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY .2 ACRES OF PROPERTY LOCATED WEST OF DIANA STREET AND SOUTH OF KIRKWOOD AVENUE, FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS -5) TO COMMERCIAL OFFICE (CO -1). (REZ06- 00027) WHEREAS, the applicant, MVL Properties, has requested a rezoning of property located west of 1016 and 1018 Diana Street and south of 521 Kirkwood Avenue; and WHEREAS, the property is currently zoned Low Density Single Family (RS -5); and WEREAS, the applicant is acquiring from the City of Iowa City a portion of vacated alley right -of -way adjacent to the CO -1 zone at 521 Kirkwood Avenue (currently the Lensing Funeral Home property); and WHEREAS, the applicant is acquiring the rear 39 feet of the residential lots at 1016 and 1018 Diana Street; and WHEREAS, these acquired properties will be added to the CO -1 property at 521 Kirkwood to create a rectangular lot; and WHEREAS, all property along Diana Street will remain zoned RS -5; and WHEREAS, the Comprehensive Plan indicates that the property to the east, north, and south of the subject property should continue to be developed for residential purpose; and WHEREAS, the Comprehensive Plan's discussion of the Central Planning District identifies Kirkwood Avenue as an area of particular concern with regard to the need to preserve existing neighborhood integrity; 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 applicant has agreed to develop the property 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, all access for commercial traffic to and from the CO -1 property via the east -west alley connecting to Diana Street will be prohibited; and 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, the property described below is hereby reclassified from its current zoning classification Low Density Single Family (RS -5) to Commercial Office (CO -1) is hereby approved: LEGAL DESCRIPTION Auditor Parcel 2006153: Beginning at the Southwest corner of Lot 3 of Block 6 of R. S. Lucas Addition to Iowa City as recorded in Deed Book 13 on page 580 in the office of the Johnson County Recorder; thence N 89 057'22" E along the North line of a 20 -foot alley running through said Block 6, a distance of 59.00 feet; thence S 00 °19'04" W, a distance of 73.01 feet; thence N89 °58'34" E, a distance of 41.45 feet; thence S 00 °19'04" W, a distance of 146.01 feet to a point on the South line of Auditor's Parcel 2004035 as is recorded in Book 47 on page 132 in the office of the Johnson County Recorder; thence N 89° 53' 38" W along the South line of said Auditor's Parcel 2004035 a distance of 39.00 feet to a point on the West line of said 20 -foot alley, being the Northeast corner of Lot 30 Highland Park Addition to Iowa City as is recorded in Book 6 on page 41 in the office of the Johnson County recorder and the Southeast corner of a Plat of Survey recorded in Book 4 on page 203 in the office of the Johnson County Recorder; thence N 00 °19'04" E along said West line, a distance of 152.82 feet to the point of beginning containing 8748.11 square feet and being subject to all easements and restrictions of record. 1,95 Ordinance No. 07 -4254 Page 2 SECTION It. 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 owners 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 sha!I be in effect after its final passage, approval and publication, as provided by. law. Passed and approved this 20th day of March 20_. (a ( �� MAYOR CORPORATE SEAL ATTEST: J YC CIT CLERK Approved by City Attorney's Offic ppdadnV rd1rez07- 00027.dw Ordinance No. 07 -4254 Page 3 It was moved by Bailey 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 Elliott x O'Donnell x Vanderhoef x First Consideration 2/20/2007 Vote for passage: AYES: Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: None. Second Consideration 3/5/2007 Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn,Bailey. NAYS: None. ABSENT Date published 3/28/2007 None. I'b Prepared by Sarah Walz, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ06- 00027) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and MVL Properties, LLC (hereinafter "Applicant "); and WHEREAS, Applicant is the legal title holder of approximately .2 acres of property located west of Diana Street and South of Kirkwood Avenue; and WHEREAS, the Applicant has requested the rezoning of said property from Low Density Single - Family Residential (RS -5) to Commercial Office (CO -1); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding no commercial traffic having access to the property via the east -west alley connection to Diana Street, the zoning is in conformance with the Comprehensive Plan; 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 Applicant acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property does not adversely affect the adjacent residential neighborhood to the east; and WHEREAS, Diana Street is a residential street and is not designed to serve commercial traffic; and WHEREAS, the east -west alley from Diana Street is located within the RS -5 zone, is designed for residential usage and is surrounded by residential properties; and WHEREAS, the neighboring residential property owners have expressed concern about increased traffic on Diana Street; and WHEREAS, the Comprehensive Plan indicates that the property to the east, north, and south of the subject property should continue to be developed for residential purpose; and WHEREAS, the Comprehensive Plan's discussion of the Central Planning District identifies Kirkwood Avenue as an area of particular concern with regard to the need to preserve existing neighborhood integrity; and WHEREAS, the Applicant 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. MVL Properties is the legal title holder of the property legally described as follows: Auditor Parcel 2006153: Beginning at the Southwest corner of Lot 3 of Block 6 of R. S. Lucas Addition to Iowa City as recorded in Deed Book 13 on page 580 in the office of the ppdaRNagUm diana sl.do 1 0 Johnson County Recorder; thence N 89 057'22" E along the North line of a 20 -foot alley running through said Block 6, a distance of 59.00 feet; thence S 00 °19'04" W, a distance of 73.01 feet; thence N89 °58'34" E, a distance of 41.45 feet; thence S 00 019'04" W, a distance of 146.01 feet to a point on the South line of Auditor's Parcel 2004035 as is recorded in Book 47 on page 132 in the office of the Johnson County Recorder; thence N 890 53'38" W along the South line of said Auditor's Parcel 2004035 a distance of 39.00 feet to a point on the West line of said 20 -foot alley, being the Northeast corner of Lot 30 Highland Park Addition to Iowa City as is recorded in Book 6 on page 41 in the office of the Johnson County recorder and the Southeast corner of a Plat of Survey recorded in Book 4 on page 203 in the office of the Johnson County Recorder; thence N 00 °19'04" E along said West line, a distance of 152.82 feet to the point of beginning containing 8748.11 square feet and being subject to all easements and restrictions of record. 2. The Applicant acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that 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 the existing regulations, in order to satisfy public needs caused by the requested change, including provisions for prohibiting commercial traffic access to and from the property via the east -west alley connection to Diana Street. Therefore Applicant agrees to certain conditions over and above City regulations as detailed below. 3. In consideration of the City's rezoning the subject property, Applicant agrees that development of the subject property will conform to all other requirements of the zoning chapter, and that no commercial traffic will have access to the property via the east -west alley connection to Diana Street. 4. The Applicant and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2005), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Applicant and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. Applicant 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. ppdadnVagVm diana st .do 2 112 Dated this 201-b day of CITY OF IOWA CITY (.s 1 ui A",-, Ross Wilburn, Mayor Attest: a1- _ r, `y Cl �1 to Marian K. Karr, City Clerk 20 07 E Approved by: X10 i 0% City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 9, On this 40-#� day of M.ARcµ A.D. 20 o7 , before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilburn 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. SONDRAEFORT y Commission Number 159791 My Commission ces ow 3 7 0 smanaA C,4,6 Notary Public in and for the State of Iowa My commission expires: 3/7/41401 ppdadMagVUa liana sl.do 3 �" LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this W-h-day of 1e—br7-c.fgcrzf , A.D. 20 c>7 , before me, the undersigned, a Notary Public in and for thy' State of Iowa, personally appeared M i c —hczc/ mar , to me ersonally known, who being by me duly sworn, did say that the person is (title) of and that said instrument was signed on behalf of the said limited . bility company by authority of its managers and the said 0?,cAaee/ `J. L-etzsln.q acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. c <"� /-(-' % 4�, Notary Public in and for the State of Iowa My commission expires 2918W � 1 C. 00 BYO IBS ppdadaVagYm dena sl .do 4 ✓ Doc ID: 020803980008 Tvae: GEN Recorded: 03/23/2007 at 10:48:21 AM Fee Amt: 842.00 Pace 1 of 6 Johnson Countv Iowa Kim Painter County Recorder STATE OF IOWA JOHNSON COUNTY ) ) SS 1 r 1 k 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.07 -4255 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20d' day of March, 2007, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 22nd day of March, 2007. A • 7�LcJ Marian K. Karr City Clerk \ord � a10A M 1t� c -- Prepared by: Drew E. Westberg, Planning Intern, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5230 ORDINANCE NO. 07 -4255 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 1.03 ACRES OF PROPERTY LOCATED AT 1902 AND 1906 BROADWAY STREET, FROM COMMERCIAL OFFICE (CO -1) TO COMMUNITY COMMERCIAL (CC -2). (REZ06- 00028) WHEREAS, the applicants, Southgate Development Company and Henry E. Nathanson, have requested a rezoning of property located at 1902 and 1906 Broadway Street from Commercial Office (CO -1) to Community Commercial (CC -2); and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it is appropriate provided that certain conditions addressing the need for an appropriate transition and buffer from the CC -2 zone to residential development; 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 applicants have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of CO -1 to CC -2: Commencing at the Southwest corner of the "Boundary Survey and Site Plan ", as recorded in Book 31, at Page 147, in the records of the Johnson County Recorder's Office; Thence S69 033'40 "E, along the Southerly line of said "Boundary Survey and Site Plan ", 7.00 feet, to a point on the Easterly Right -of -Way line of Broadway Street, in accordance with the Right -of -Way Acquisition Plat, as recorded in Book 3429, at Page 343, in the records of the Johnson County Recorder's Office, which is the POINT OF BEGINNING; Thence NO3 032'00 "E, along said Easterly Right -of -Way line, , 45.20 feet; Thence N08 035'00 "E, along said Easterly Right -of -Way line, 55.00 feet; Thence N12 015'00 "E, along said Easterly Right -of -Way line, in accordance with the Right -of -Way Acquisition Plat, as recorded in Book 3299, at Page 412, of the records of the Johnson County Recorder's Office, 16.00 feet; Thence N20 000'00 "E, along said Easterly Right -of -Way line, 56.00 feet; Thence N17 030'00 "E, along said Easterly Right -of -Way line, 38.00 feet; Thence N29 015'00 "E, along said Easterly Right -of -Way line, 20.00 feet; Thence N40 °00'00 "E, along said Easterly Right -of -Way line, and its Northerly extension thereof, 30.31 feet; Thence S67 056'00 "E, 159.36 feet; Thence Southeasterly, 16.23 feet, along an arc of a 3015.00 foot radius curve, concave Northeasterly, whose 16.23 foot chord bears S68 °05'16 "E; Thence S22 °04'00 "W, 250.34 feet, to a point on said Southerly line of "Boundary Survey and Site Plan'; Thence N69 033'40 "W, along said Southerly line, 152.52 feet, to said POINT OF BEGINNING, containing 1.03 acre, 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(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. 14 Ordinance No. 07 -4255 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 20th day of March 2007 MAYOR ATTEST: hi a tz�' yC CITY CLERK Ap d by ney' Office m *b,�. —■ lk Ordinance No. 07 -4255 Page 3 It was moved by O'Donnell and seconded by Vanderhoef as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Elliott x O'Donnell -x_ Vanderhoef x Wilburn First Consideration 2/20/2007 Vote for passage: AYES: Elliott, O'Donnell, NAYS: Correia, Bailey. ABSENT: None. Second Consideration 3/5/2007 Voteforpassage: AYES: Elliott, O'Donnell, Bailey, Correia. ABSENT: None. Date published 3/28/2007 that the Ordinance Vanderhoef, Wilburn, Champion. Vanderhoef, Wilburn, Champion. NAYS: R Prepared by: Drew E. Westberg, Planning Intern, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ06- 00028) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), Southgate Development Company and Henry E. Nathanson (hereinafter "Applicants "); WHEREAS, the Applicants are the legal title holders of approximately 1.03 acres of property located at 1902 and 1906 Broadway Street; and WHEREAS, the Applicants have requested a rezoning of property located at 1902 and 1906 Broadway Street from Commercial Office (CO -1) to Community Commercial (CC -2);; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding addressing the need for a transition and buffer between CC -2 and residential development the rezoning is appropriate; 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 Applicants acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property provides for a transition and buffer between the existing residential and CC -2 zone; and WHEREAS, the Applicants agree 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: Southgate Development Company and Henry E. Nathanson are the legal title holders of the property legally described as follows: Commencing at the Southwest corner of the "Boundary Survey and Site Plan ", as recorded in Book 31, at Page 147, in the records of the Johnson County Recorder's Office; Thence S69 °33'40 "E, along the Southerly line of said "Boundary Survey and Site Plan ", 7.00 feet, to a point on the Easterly Right -of -Way line of Broadway Street, in accordance with the Right -of -Way Acquisition Plat, as recorded in Book 3429, at Page 343, in the records of the Johnson County Recorder's Office, which is the POINT OF BEGINNING; Thence NO3 032'00 "E, along said Easterly Right -of -Way line, 45.20 feet; Thence N08 °35'00 "E, along said Easterly Right -of -Way line, 55.00 feet; Thence N12 °15'00 "E, along said Easterly Right -of -Way line, in accordance with the Right -of -Way Acquisition Plat, as recorded in Book 3299, at Page 412, of the records of the Johnson County Recorder's Office, 16.00 feet; Thence N20 °00'00 "E, along said Easterly Right -of- Way line, 56.00 feet; Thence N17 030'00 "E, along said Easterly Right -of -Way line, 38.00 feet; Thence N29 °15'00 "E, along said Easterly Right -of -Way line, 20.00 feet; Thence N40 °00'00 "E, along said Easterly Right -of -Way line, and its Northerly extension thereof, 30.31 feet; Thence S67 056'00 "E, 159.36 feet; Thence Southeasterly, 16.23 feet, along ppdadnVagVrez0000028 c criU nal zodnq agreement -I I A an arc of a 3015.00 foot radius curve, concave Northeasterly, whose 16.23 foot chord bears S68 °05'16 "E; Thence S22e04'00 "W, 250.34 feet, to a point on said Southerly line of "Boundary Survey and Site Plan "; Thence N69e33'40 "W, along said Southerly line, 152.52 feet, to said POINT OF BEGINNING, containing 1.03 acre, and subject to easements and restrictions of record. 2. The Owners acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that 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 the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owners agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. A substantial buffer area of no less than 35 feet will be established along the southern property line of the parcel rezoned to CC -2. This buffer must be screened to the S3 standard and include both a decorated masonry wall of a minimum five (5) feet in height located within the northern ten (10) feet of the buffer area with a dense planting of deciduous and coniferous understory and overstory to the south of the wall. b. Closure of the Hollywood Boulevard vehicular access point to the CO -1 property and use of a shared vehicular access point from Broadway Street. c. A landscaped setback of no less than 20 feet along Broadway Street. d. A limit of one (1) free - standing sign located in the northwest corner of the property. No building signs on the south and east sides facing the residential development. Other fascia and monument signs are permitted as per the code. e. S3 screening will be provided along the eastern and southern property lines of the CO -1 parcel or alternatively along the eastern property line of the CC -2 parcel. f. Any building or structure including canopies should be of a quality design appropriate for property abutting a residential neighborhood, including features such as stone and masonry materials, standing seam metal roofs, and muted colors. The Director of Planning and Community Development shall approve the design of buildings as well as associated structures and facilities. 4. The Owners and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2005), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owners and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. ppdad"agVrezOG-0 28 conditional zomin9 agreement L '+ The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. The Owners acknowledge 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 Applicant's expense. Dated this 20th day of march , 20_u CITY OF IOWA CITY R oss Wilburn Mayor a % E , NQEtintiroh Attest: CORPORATE SEAL /// Maria K. Karr, City Clerk By: vesr ////0 t� �/rc e %�re�rd� %zt Approved by: y Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this d? 4k day of MARCH , A.D. 20'o7 , before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilburn 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. SONDRAEFORT *10M Commission Number 159791 My Co mission Expires 8 711goQ '&n,9 i. F&yb Notary Public in and for the State of Iowa My commission expires: 3�7/019aq ppdadnVagVrez08-00028 conditional zorv,g agreement J ILV SOUTHGATE DEVELOPMENT COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this POWday of Q!�bru A.D. 200_, before me, the undersigned, a Notary Public in and for the State of to a, personally appeared "Te rese_ hY1 o ✓ ro v\./ and to me personally known, who, being by me duly sworn, did say that th4FaE the i (e an , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and - sealed) on behalf of (the seal affixed thereto is he seal pf said) said corporation by authority of its Board of Directors; and that the said Vl t ereSl caeot t and as- such officerg acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. PPS ^�, MARY E. COOPER c ui * COMMISSION NO. 735701 MY COMMISSION 7- :?(#EXPIkES Notary Pub' in and for aid Count and State town Z -fib •O$' rY Y HENRY E. NATHANSON ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this � day of t e brua v 20_�_Z before me, the undersigned, a Notary Public in and for said County, in said 8tate, personally appeared Me`irV E. /Ylt�HQU SOV� to me known to be the identical person(sl named in and who executed the within and foregoing instrument, and acknowledged that (he /she /they) executed the same as (his /her /their) voluntary act and deed. /r�� p n pP` "l sF MARY E. COOPER =91a IPAC, �Rlll�-- � ,,, g COMMISSION NO. 735701 Notary PWic in and fbr the State of Iowa MYCOMMISSION EXPIRES own I- X1.'0'$ My commission expires:i - A (o -0$ ppdadm/agprez06.00028 condiUonal zoning agreement `t 14 I, Malian 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.07 -61 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 5th day of March, 2007, all as the same appears of record in my office. Also attached are the final legal documents for Olde Towne Village, Part 2 Subdivision as follows: Opinion of Attorney 2. Request for Approval of Plat & Consent 3. Certificate of County Treasurer 4. Certificate of County Auditor 5. Subdivider's Agreement 6. Common Drive Easement Agreement Ingress/Egress Easement Agreement and Shared Parking Agreement Dated at Iowa City, Iowa, this j day of 12007. MariairK. Karr City Clerk fires subdivision I 1. >> <, 15 �E e- IIIIIIIIIIIIIIIIIIIIIIIIIIIIII' III' IIIIIIIIIIIIIIIII�II�III�IIII�II r � 1 Doc ID: 020813360022 TVDe: GEN Recorded: 204/2007 at 02:45:37 PM Fee Amt: 8l /1 12.00 Page 1 of 22 F Johnson County Iowa Kim Painter Countv Recorder _ ^ P. ®� /1 d ill T' t 1 �''4.a,.�e ®i ®; BK4143 P0462 -483 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356.5009 FAX STATE OF IOWA ) www.1cgov.org ) SS JOHNSON COUNTY ) I, Malian 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.07 -61 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 5th day of March, 2007, all as the same appears of record in my office. Also attached are the final legal documents for Olde Towne Village, Part 2 Subdivision as follows: Opinion of Attorney 2. Request for Approval of Plat & Consent 3. Certificate of County Treasurer 4. Certificate of County Auditor 5. Subdivider's Agreement 6. Common Drive Easement Agreement Ingress/Egress Easement Agreement and Shared Parking Agreement Dated at Iowa City, Iowa, this j day of 12007. MariairK. Karr City Clerk fires subdivision I 1. >> <, 15 03 -05.07 6e UWAMEMMEWWmillill Prepared by: Drew E. Westberg, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5230 (SUB07- 00002/00003) RESOLUTION NO. 07 -61 RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF OLDE TOWNE VILLAGE PART 2, IOWA CITY, IOWA. WHEREAS, the owner, American Bank and Trust, filed with the City Clerk the preliminary and final plats of Olde Towne Village Part 2, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson County, Iowa, to wit: A RESUBDIVISION OF AUDITOR'S PARCEL NO. 2006030, ACCORDING TO THE PLAT THEREFOROF RECORDED IN BOOK 50, PAGE 300, EXCEPTING THEREFROM THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5T" PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, DESCRIBED IN THE ACQUISITION PLAT RECORDED IN BOOK 51, PAGE 11, OF THE RECORDS OF JOHNSON COUNTY CONTAINING 1.82 ACRES. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary and final plats and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary and final plats and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, said preliminary and final plats and subdivision are found to conform with Chapter 354, Code of Iowa (2005) 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 plats and subdivision located on the above - described real estate be and the same are hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute 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. 6 Resolution No. n-� 1 Page 2 Passed and approved this 5th day of 62z-rear h , 20 7 W MAYOR Approved by ATTEST: -1h� CITY 'CLERK ity Attorney' Office It was moved by Champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: —X—_ x x Y x x x ppdadfNnkeskAtyPlatdw NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn 6 1V SPACE ABOVE THIS LINE FOR RECORDER Preparer _ Joseph T. Moreland 120 E. Washington St. Iowa City, IoNva 319 - 337 -9606 Information. Indiridual'sName StreetAddres_s City /State Phone Return Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa_ 52240 -3924 Docuntent to: Individual's Noce StreetAddress City /State Zip ATTORNEY'S TITLE OPINION Re: Olde Towne Village, Part 11 Subdivision located in Iowa City, Johnson County, Iowa, and legally described as follows: Auditor's Parcel 2006030, according to the plat thereof recorded in Book 50, Page 300, excepting therefrom that portion of the Northwest Quarter of the Northwest Quarter of Section 7, Township 79 North, Range 5 West of the 5 °i Principal Meridian, Johnson County, Iowa, described in the acquisition plat recorded in Book 51, Page 11, of the Records of Johnson County, Iowa. I, Joseph T. Moreland, state that I am a practicing attorney in the State of Iowa and that I have examined a complete abstract of title to the above - described property being Hawkeye Title Services, L.C. abstract no. 39347. The abstract of title has been continued to August 10, 2006 at 5:30 p.m., and as of that date the abstract shows that fee title to the above - described property is in American Bank & Trust Company, N.A. I further certify that except as above stated the property is free from encumbrance. Dated at Iowa City, Iowa, this b day of February, 2007 ose t T. oreland #000 -01 -4638 ay Ic, Brown, Moreland &Hayek, L.L.P. 1 ast Washington Street Iowa City, Iowa 52240 -3976 319/337 -9606 telephone; 319/338 -7376 facsimile E -mail: morelandcohhbmlaw.com 1V I" I SPACE ABOVE THIS LINE FOR RECORDER Preparer Joseph T. Moreland 120 E. Washington St Iowa City, Iowa 319- 337 -9606 lrrjormatiion: Indwidual'sNatne Street Address City /State Phone Return Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 52240 -3924 Document to: Individual's Name StreetAddress City /State Zip REQUEST FOR APPROVAL OF SUBDIVISION PLAT AND CONSENT KNOWING ALL MEN BY THESE PRESENCE: American Bank & Trust, N.A. hereby requests approval of the subdivision known as Olde Towne Village, Part II Subdivision, said subdivision shown on the preliminary and final plat thereof to which this document is attached, which is a subdivision of the following described property: Auditor's Parcel 2006030, according to the plat thereof recorded in Book 50, Page 300, excepting therefrom that portion of the Northwest Quarter of the Northwest Quarter of Section 7, Township 79 North, Range 5 West of the 5"' Principal Meridian, Johnson County, Iowa, described in the acquisition plat recorded in Book 51, Page 11, of the Records of Johnson County, Iowa. American Bank & Trust Company, N.A. further states that it is the owner and proprietor of the above real estate and that this application and the requested subdivision is made with the free consent and in accordance with the desire of the owner of the land included within the subdivision. DATED at Iowa City, Iowa, this ,"-day of February, 2007 I" 2- American Bank & Trust, N.A. Nathan D. Roch, Executive Vice President STATE OF IOWA, JOHNSON COUNTY, ss: f'N f(--� This instrument was acknowledged before me on thee_ day of February, 2007 by Nathan D. Koch, Executive Vice President of American Bank & Trust Company, JOSEPH T.MORELAND Canmleslon Number 738839 Sa emb 28� expires 0 Not fry Pu lic in And for the state of Iowa. [Seal, if any} �6 1 SPACE ABOVE THIS LINE FOR RECORDER Preparer Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 319- 337 -9606 Information: Individual'sA'aine StreetAddress City/State Phone Return Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 52240 -3924 Document to: Individual'sArarne StreetAddress CitylState 7ip TREASURER'S CERTIFICATE Re: Olde Towne Village, Part II Subdivision located in Iowa City, Johnson County, Iowa, and legally described as follows: Auditor's Parcel 2006030, according to the plat thereof recorded in Book 50, Page 300, excepting therefrom that portion of the Northwest Quarter of the Northwest Quarter of Section 7, Township 79 North, Range 5 West of the 5 °i Principal Meridian, Johnson County, Iowa, described in the acquisition plat recorded in Book 51, Page 11, of the Records of Johnson County, Iowa. I, Thomas L. Kriz, Johnson County Treasurer, certify that all Johnson County real estate taxes have been paid with reference to the above- described property as of the date of this certificate. Dated at Iowa City, Iowa, this IZA day of February, 2007. 510m,ns C. Awu Thomas L. Kriz ALVmeN N Johnson County Treasurer II SPACE ABOVE THIS LINE FOR RECORDER Preparer Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 319 - 337 -9606 Information: Individual's Nante Street Address City /State Phone Return Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 52240 -3976 Docuntent to: Individual's Name Street Address City /State Zip CERTIFICATE OF COUNTY AUDITOR STATE OF IOWA ) ss: JOHNSON COUNTY ) I, Tom Slockett, hereby certify that I am the duly elected, qualified, and acting auditor of Johnson County. The name of Olde Towne Village — Part 2, which is located in Iowa City, Iowa, is sufficiently succinct and unique and may be used for the name of a subdivision in Johnson County, Iowa, under Section 354.6(2), Code of Iowa. Dated at Iowa City, Iowa, this _"-f_tgday of February, 2007. Tom Slockett, Jolmson C my iditor IV Johnson County, Iowa J Subscribed and sworn to before me by Toni Slockett, Johnson County Auditor, this >Wf day of February, 2007. Notary Public i0and for the State of Iowa K. LLLIOTT ommission Number 1228gg IfKATHRYN My Co ml ion tree Vy SPACE ABOVE THIS LINE FOR RECORDER Preprrrer Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 319- 337 -9606 _ Information: Individual's Name Sheet Address City /State Phone Return Joseph T. Moreland 12.0 E. Washington St. Iowa City, Iowa 52240 -3924 Document to: Individual's Name Street Address City /State Zip SUBDIVIDER'S AGREEMENT Re: Olde Towne Village - Part 2 Iowa City, Iowa THIS AGREEMENT made by and between owner, American Bank & Trust Company, N.A., hereinafter referred to as "Owner" and/or "Subdivider ", and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City," WITNESSETH: SECTION I. PUBLIC IMPROVEMENTS. In consideration of the City approving the plat of Olde Towne Village - Part 2, Iowa City, Iowa, an addition to the City of Iowa City, Iowa, the Owner agrees, as a covenant running with the land that, except as provided in this Agreement, the City shall not issue any building permit on any lots in said subdivision unless and until Subdivider installs and the City accepts the following improvements: A. Sanitary sewer, as required by the City. B. Subdivision erosion control measures as required by the City under its ordinances. The sanitary sewer is hereinafter referred to as "Improvements." Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall the Subdivider be deemed acting as the City's agent during the original construction and installation of said improvements. The parties agree that the obligation to install the Public Improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Subdivider until completion by the Subdivider, and until acceptance by the City, as provided by law. iL Li- J Vy z- SECTION 2. STORM WATER MANAGEMENT ORDINANCE COMPLIANCE AND COVENANT. The property located within this subdivision is to be served by the storm water management facility installed by Olde Towne Village, Iowa City, Iowa. (The Storm Water Management Facility for Olde Towne Village (hereinafter "Facility ") has been substantially completed to the point that the City has issued a Partial Release Agreement Concerning Stormwater Management Facilities, which is recorded in Book 4056, Pages 420 -423 of the records of the Johnson County Recorder's Office.) The lots within this subdivision are specifically benefited by the Facility constructed within Olde Towne Village, Iowa City, Iowa and are bound to participate in the maintenance of the facility pursuant to the Protective Covenants and Restrictions for Commercial Lots within Olde Towne Village, Iowa City, Iowa dated June 12, 2006 and recorded June 13, 2006 in book 4036, page 660, of the records of the Johnson County Recorder's Office. SECTION 3. CONSTRUCTION OF IMPROVEMENTS. The improvements described in Section I 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 its responsibility to construct said improvements pursuant to the approved plans and specifications. SECTION 4. SIDEWALKS. The Subdivider acknowledges that the subdivision is subject to the following requirements to install sidewalks as set forth in the following Agreements: 1) The requirement to install an eight (8) -foot sidewalk along the south side of Rochester Avenue as found in the Subdivider's Agreement dated September 6, 2005 and recorded September 20, 2005, in book 3941, page 661, of the records of the Johnson County Recorder's Office; 2) The requirement to install an eight (8) -foot sidewalk along the frontage of Westbury Drive and along the south side of Rochester Avenue as found in the Developer's Agreement dated June 9, 2006 and recorded July 5, 2006 in book 4048, page 33, of the records of the Johnson County Recorder's Office; 3) The requirement to install an eight (8) -foot sidewalk along the south side of Rochester Avenue as found in the Conditional Zoning Agreement recorded in the office of the Johnson County Recorder at book 3219, at page 38; and 4) The requirement to install an eight (8) -foot wide sidewalk along the south side of Rochester Avenue as found in the Conditional Zoning Agreement recorded in the office of the Johnson County Recorder at book 3998, at page 350. In addition, the Subdivider agrees to install an eight (8) -foot sidewalk along the east side of Scott Boulevard, which the City shall reimburse the Subdivider for four (4) feet in width. The sidewalks shall be installed in the subdivision covered by this agreement as required by Section 14-IC-1, 2, and 3 and Section 14 -7C -5, Iowa City Code of Ordinances, and shall �5 as remain a lien on the lots until installed and released by the City, and the release duly recorded in the Johnson County Recorder's Office. SECTION 5. BUILDING PERMIT AND ESCROW MONIES. If the Subdivider should desire a building permit on any lot in said subdivision before the Improvements or Storm Water Management Facility has been installed, the Subdivider shall deposit with the Department of Housing and Inspection Services, in escrow, an amount equal to the estimated cost of constructing said Improvements and Storm Water Management Facility plus ten percent (10 %) thereof divided by the total number of lots in the subdivision (hereinafter "Improvements Escrow "). The City Engineer shall determine the amount of the escrow which shall be collected for each building pennit issued prior to the installation of the improvements or Facility. 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 depot 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 building erected pursuant to this Agreement, the City, in its discretion, may require the subdivider to construct and install the improvements. SECTION 7. USE OF ESCROW MONIES FOR IMPROVEMENTS. If, after the issuance of an occupancy permit, the Improvements and Storm Water Management 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 Management Facility. If the cost of constructing and installing said Improvements and Facility exceeds the amount of the escrow, the City shall have a lien and charge against all the lots in the subdivision for the balance of the cost. The City shall refund to the Subdivider any Improvements Escrow monies not used by the City for the construction and installation of the Improvements and the Facility. -4- SECTION 8. WAIVER. If the Subdivider sells or conveys lots in said subdivision without constructing or installing the improvements or sidewalks, the City shall have the right to install and construct said improvements or sidewalks. Subdivder acknowledges and agrees that all lots in the subdivision are specifically benefited by the improvements so that the cost of the installation shall be a lien against all of the lots in the subdivision. The cost of the improvements need not meet the requirements of benefit or value as provided by the laws of the state of Iowa for assessing such improvements. The cost of installing the sidewalks shall be a lien only against the lot or lots abutting or in front of which sidewalks are installed. It is further provided that this requirement to construct the improvements or sidewalks is and shall remain a lien against the lots in the subdivision until properly released, as hereinafter provided. SECTION 9. IMPROVEMENTS AND SIDEWALK RELEASE. The City agrees that when the improvements have been installed as required, to the satisfaction of the City, the City will, upon request, promptly issue to the Subdivider, for recording in the office of the Johnson County Recorder, 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 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 10. MAINTENANCE OF STORM WATER DETENTION FACILITY IN OLDE TOWNE VILLAGE, IOWA CITY, IOWA. The City shall have no obligation for maintenance of the storm water control facility located in Olde Towne Village, Iowa City, Iowa which benefits the property found in this subdivision. SECTION 11. MISCELLANEOUS. A. No lots shall have direct vehicular access onto Scott Boulevard or Rochester Avenue. SECTION 12. SUCCESSORS AND ASSIGNS. This Agreement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto and all covenants shall be deemed to apply to and run with the land and with the title to the land. DATED this �b_ day of , 2007. American Ba rust Cqjnpany, Nathan D. Koch Executive Vice President ,6 STATE OF IOWA, JOHNSON COUNTY, ss: This instrument was acknowled 1pr Oo r ✓ , 2007 by Nathan D. Trust CompaIny,NN.A. JTJOS EPH T MORELAND oMOSEEPHn Numbs IANO9 $e�emMt 28, 2x008 s ATTEST: -7n y: arian K. Karr, City Clerk -5- before me on the 6� day of N. Executive Vice President of American Bank & in and for the state of Iowa. CITY OF IOWA CITY, IOWA, a municipal corporation on� I By: 6 ( r-) Ross Wilburn, Mayor STATE OF IOWA, JOHNSON COUNTY, ss: This instrument was acknowledged before me on the 5 day of MARctt 2007 by Ross Wilburn and Marian K. Karr, as Mayor and City Clerk, of the City of Iowa City, Iowa, a municipal corporation. [SEAL, if any) SONDRAE FORT Notary Public in and for said State _ Comm(ssion Number 159781 My CommiWon Expires ow 3 0 )6 SPACE ABOVE THIS LINE FOR RECORDER Preparer Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 319 - 337 -9606 bforinaiion: bidividual'sMaine Street Address City/State Phone Return Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 52240 -3924 Doctnnentto: bidividual'sNmne Street Address City /Slate Zip COMMON DRIVE EASEMENT AGREEMENT THIS AGREEMENT is made on this 5th day of March 2007, by and between American Bank & Trust Company, N.A., hereinafter referred to as "Bank," and the City of Iowa City, Iowa, hereinafter referred to as "City." WHEREAS, Bank is the owner of the following described property: Auditor's Parcel 2006030, according to the plat thereof recorded in Book 50, Page 300, excepting therefrom that portion of the Northwest Quarter of the Northwest Quarter of Section 7, Township 79 North, Range 5 West of the 5 °i Principal Meridian, Johnson County, Iowa, described in the acquisition plat recorded in Book 51, Page 11, of the Records of Johnson County, Iowa. WHEREAS, the Bank has applied to the City for approval of a three lot subdivision on the above - referenced property. In order to have appropriate access for all three lots within the proposed subdivision, a 22 -foot wide common drive easement is required; and WHEREAS, the Bank and the City desire to enter into a common drive easement agreement for the provision of access to the lots within Olde Towne Village — Part 2 for the provision of ingress and egress to all lots found within the subdivision as shown as the Common Drive Easement Plat attached hereto as Exhibit "A ". NOW, INTENDING TO BE LEGALLY BOUND HEREBY, and in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The Bank, as owners of the real estate being proposed as Lot 1, Lot 2, and Lot 3, Olde Towne Village — Part 2, Iowa City, Iowa, hereby grants to itself and future owners, i -2- assigns, and title holders of such real estate a perpetual 22 -foot wide common drive easement as shown on the Common Drive Easement Plat attached hereto as Exhibit "A ", for the purposes of ingress and egress to, over, and across Lot 1, Lot 2, and Lot 3, Old Towne Village — Part 2, Iowa City, Iowa. 2. The Bank agrees that the installation of the common drive areas found on Exhibit "A" shall be in accordance with City specifications and at the Bank's expense and that thereafter, repair and maintenance of the 22 -foot wide common drive easement shall be shared by the owners of the above - described properties, their heirs, successors in interest, and assigns, and this obligation for repairs and maintenance shall be a covenant to run with the land and with title to the land. 3. The common drive easement set forth pursuant to this agreement shall not be released without the written consent of the City. 4. The Bank does hereby covenant with the City that it is lawfully seized and possessed of the subject real estate as described above, and that it has lawful right to convey said real estate or any part thereof, including the subject easement. 5. This common drive easement and the provisions hereof shall run with the land and with title to the land, be perpetual, and shall inure to the benefit of and be binding upon the parties hereto and upon their heirs, successors in interest, and assigns. Upon the Bank conveying title to any of the Lots within Olde Town Village — Part 2, this common drive easement shall be binding upon such subsequent grantees. Upon final execution, this agreement shall be recorded in the office of the Johnson County Recorder at the Bank's expense. American a Trust Company, N.A. Nathan D. Koch, Executive Vice - President Approved by rt rel T. lUe ir, City Attorney's Office STATE OF IOWA ss: COUNTY OF JOHNSON City of Iowa City, Iowa By: _ (2,4,( i!L=_�, Ross Wilburn, Mayor Attest: Marian K. B`arr, City Clerk 15 -3- This instrument was acknowledged before me on the a l-A day of mafa. 2007, by Nathan D. Koch, as Executive Vice- President of American Bank & Trust Company, N.A., an Iowa corporation. JOSEPH T. MORELAND C � r73 `39 comffawn o Se tember28,2008 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) in and for State of Iowa. On this 55 AL day of MAACY , 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn 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 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 Ross Wilburn 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. SONDRAE FORT �z °° Commission Number 159791 My Col ssion Expires IOWA OD SGYtL1n rA, U Notary Public in and for the State of Iowa. 16 ANVdWOO ONRi33NION3 98f OOLN s� s e i�ti #an ii 3 O y j i$ 1?r Y o a NORTH $ m6 ory g �x a g2 < { 1d C °�LL yte °S�sF -oZY %o lu 7Nd� i u i a s rt 3 INGRESS/EGRESS EASEMENT AGREEMENT AND SHARED PARKING AGREEMENT THIS AGREEMENT is made this TI-4 day of Aarch , 2007, by and between American Bank & Trust Company, N.A., (the `Bank ") and OTV, LLC, ( "OTV "). WHEREAS, the Bank is the owner of the following described real estate located in Iowa City, Johnson County, Iowa: Auditor's Parcel 2006030, according to the plat thereof recorded in Book 50, Page 300, excepting therefrom that portion of the Northwest Quarter of the Northwest Quarter of Section 7, Township 79 North, Range 5 West of the 5 °i Principal Meridian, Johnson County, Iowa, described in the acquisition plat recorded in Book 51, Page 11, of the Records of Johnson County, Iowa; and WHEREAS, OTV owns the following real estate located in Iowa City, Johnson County, Iowa: Lots 40 and 41, Olde Towne Village, Iowa City, Iowa, according to the plat thereof recorded in Book 49, Page 321, Plat Records of Johnson County, Iowa; and WHEREAS, the Bank and OTV wish to enter into this Ingress /Egress Easement and Shared Parking Agreement for the mutual benefit of the property legally described as above. NOW, INTENDING TO BE LEGALLY BOUND HEREBY, and in consideration of the mutual covenants set forth herein, the parties agree as follows: I. The Bank hereby grants and conveys to OTV a perpetual non- exclusive easement for pedestrian and vehicular access over the areas depicted and described on the Ingress /Egress Easement Plat attached here as Exhibit "A" and incorporated herein by reference. 2. OTV does hereby grant to the Bank a perpetual non - exclusive easement for pedestrian and vehicular access over the areas depicted and described on the Ingress /Egress Easement Plat attached here as Exhibit `B" and incorporated herein by reference. 3. The ingress /egress easement areas found on Exhibits "A" and "B" shall be used as a common vehicular driveway by the owners of the above - described property and any of the owners' guests, invitees, or any other person having lawful access to the property. None of the owners of this property, their guests, or (00419020.DOC) invitees shall block the ingress /egress easement areas in any manner which would inhibit or prevent access or use of the ingress /egress easement areas. 4. The Bank, its heirs, assigns, and successors in interest shall be responsible for the maintenance and snow removal over the ingress /egress easement area shown on Exhibit "A ". 5. OTV, its heirs, assigns, and successors in interest shall be responsible for the maintenance and snow removal over the ingress /egress easement area shown on Exhibit `B ". 6. The Bank hereby grants to OTV and OTV hereby grants to the Bank a shared parking easement across the above- described properties. Any property owner, their guest, invitee, and any other person having lawful access to either property may park in any of the established parking areas on either of these properties. None of the owners of the above - described properties shall deny access to parking to any of the other property owners or their guests, invitees, or any other persons having lawful access to any of the property. 7. This Ingress/Egress Easement and Shared Parking Easement Agreement shall run with the land and with title to the land, be perpetual, and shall inure to the benefit of and be binding upon the parties hereto and upon their heirs, successors in interest, and assigns. Should the Bank or OTV convey title to the above - described property or any portion of that property, this Ingress/Egress Easement and Shared Parking Easement Agreement shall be binding upon any such subsequent grantee. 8. This Ingress /Egress Easement and Shared Parking Easement Agreement shall not be released without the written consent of the City of Iowa City, Iowa. American & ust C1ny, N.A. By. Nathan . Koch, Executive Vice - President OTV, LLC Manager Casey J (00419020.DOC) . . STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on the day of 11(1u•J'� 2007, by Nathan D. Koch, as Executive Vice - President of American Batik & Trust Company, N.A., an Iowa corporation. 11 I.Aj JOSEPH T.MORELAND 1 Commlasbn Number 736839 Myy Commission Expires W Se !ember 28, 2008 STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) in and for State of Iowa. This instrument was acknowledged before me on the � day of 1V-Iafcy I , 2007, by Swen T. Larson and Casey J. Boyd, as Managers of OTV, LLC, an Iowa corporation. f Notary Public in and for St to f Iowa. Commleslon Nurmber712284 qT MYZ lssbnE>rptres uber �8u: 30, 2007 (00419020.DOC) ANVA 00 0NIUaaN1JN3 E IIU-" .Q K W g 3 z a9y�{ -N n TRW K a� I p i s !Doc ID: 020815250006 Tvoe: GEN Recorded: 04/06/2007 at 11:08:49 AM Fee Amt: $32.00 Pace 1 of 6 Johnson Countv Iowa Kim Painter Countv Recorder BK4144 PG287 -292 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.07 -102 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3`d day of April, 2007, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 5d' day of April, 2007. Marian . Kan• City Clerk \i-es CORPORATE SEAL I << if o4-V3=o7 4e U3. Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 - 319 - 356 -5030 RESOLUTION NO. 07 -102 RESOLUTION APPROVING AMENDMENT TO RESTRICTIONS AND COVENANTS FOR THE NORTH AIRPORT DEVELOPMENT SUBDIVISIONS, A /K /A AVIATION COMMERCE PARK AND A /K/A NORTH COMMERCIAL AREA. WHEREAS, as the owner of North Airport Development Subdivision and North Airport Development Subdivision Part Two, A Resubdivision of Lots 1 -4 ( "Aviation Commerce Park "), the City imposed restrictions and covenants on each lot in Aviation Commerce Park in Resolution No. 03 -49; WHEREAS, the Iowa City Airport Commission has recommended that the restrictions and covenants be released from all lots but Lot 5; WHEREAS, the Commission's and City's broker who is marketing Aviation Commerce Park supports releasing the restrictions and covenants to enhance the marketability of the lots; WHEREAS, because Lot 5 is unique in that its eastern side lot line is adjacent to a hotel, it is reasonable not to release the restrictions and covenants from Lot 5; and WHEREAS, since the City imposed the restrictions and covenants, the City zoning code has been amended, and the new zoning code addresses some of the major reasons for imposition of restrictions and covenants, such as screening of outdoor storage; WHEREAS, the City should approve and record the amended restrictions and covenants contained in the Amendment to Declaration of Restrictions and Covenants, which is attached as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Amendment to Declaration of Restrictions and Covenants, which is attached as Exhibit A, is approved. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the Amendment to Declaration of Restrictions and Covenants. The City Clerk shall record the Amendment to Declaration of Restrictions and Covenants at the office of the County Recorder of Johnson County, Iowa at the expense of the City. Passed and approved this 3rd day of April 2007. JU Resolution No. 07 -102 Page 2 2ujur� MAYOR Approved by ATTEST: CITY OLERK City Attorney's Office sue\ord&res1CovRes1nResAm.do JQ Resolution No Page 3 07 -102 It was moved by Champion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: x x x x -x - x x NAYS: ABSENT: Bailey Champion Correia Elliott . O'Donnell Vanderhoef Wilburn 1U Prepared by: Susan Dulek, Asst. City Atty, 410 E. Washington St., Iowa City, IA 52240 (319- 356 -5030) Return Address: City Attorney's Office, 410 E. Washington Street, Iowa City, IA 5224 Legal Description: Lots 1 -17, North Airport Development, Iowa City, Iowa, according to the plat thereof recorded at Plat 45, Page 182 of the Office the County Recorder of Johnson County, Iowa. Owner: City of Iowa City AMENDMENT TO RESTRICTIONS AND COVENANTS For North Airport Development This document amends the Declaration of Restrictions and Covenants dated February 4, 2003 and recorded February 7, 2003 in Book 3476 at Page 814 all in the records of the Recorder of Johnson County, Iowa. FOR GOOD AND VALUABLE CONSIDERATION, the undersigned, representing all the owners of the above- described real estate in Johnson County, Iowa hereby amends the Declaration of Restrictions and Covenants, which amendment shall be binding upon all the present and future owners of said real estate as covenants running with the land, and with such force and effect as if contained in each subsequent conveyance of said real estate: Lots 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 and Outlots IA, 2A, 3A, 4A, B, and C are hereby released from the requirements of these restrictions and covenants. No separate restrictions and covenants are being filed for said lots. Dated this 3rd day of April, 2007. Ala CITY OF IOWA CITY, IOWA Owner of Lots 1 -17 and Outlots IA, 2A, 3A, 4A, and C Ross Wilburn, Mayor Attest: ) 7� . 5�,,,� CORPORATE SEAL Marian K. Karr, City Clerk CITY OF IOWA CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY) r 2007, before me, On this 3 �" day of A pR � � , Sandra r+ , a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn, Mayor and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. 0 i- /OoZ passed by the City Council on the _ 3 day of April, 2007, and that Ross Wilburn 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. o,�sut SONDRAE PORT % �y z Commission Number 159781 . M co mission Exptres Notary Public in and for the State of Iowa w ao My commission expires: 3 Al 2 lLP i-ea I II II I I I BIII� III I IIII IIII I I II I I II III III I I I III I IIIII I IIII I IIII I IIII (III I Iill 'Doc ID: 020815300003 Tvoe: GEN - Recorded: 04/06/2007 at 11:17:33 Fee Amt: $17.00 Pace 1 of 3 'Johnson Countv Iowa Kim Painter Countv Recorder 13K4144 Po325 -327 STATE OF IOWA ) ) SS JOHNSON COUNTY ) AM y W1® 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 taste and correct copy of Ordinance No.07 -4257 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3 a day of April, 2007, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 5th day of April, 2007 7 7th -c� Marian . Karr City Clerk \ord 11 Prepared by: Robert Miklo, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240. ORDINANCE NO. 07 -4257 ORDINANCE REZONING APPROXIMATELY 12 ACRES LOCATED ON RUPPERT ROAD WEST OF RIVERSIDE DRIVE FROM COMMUNITY COMMERCIAL (CC -2 ) TO INTENSIVE COMMERCIAL (CI -1). (REZ07 -0001) WHEREAS, the City has initiated a rezoning of property located at on Ruppert Road west of Riverside Drive from Community Commercial (CC -2 ) to Intensive Commercial (CI -1); and WHEREAS, the Comprehensive Plan has been amended to indicate that this area is appropriate for Intensive Commercial development; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and has recommended that it be approved. 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 CC -2 to CI -1: North Airport Development lots 1, 5,6 and 7. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner s expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, asrprovided by law. " , V MAYOR ATTEST:�ltt>�i CITY. CLERK Approved by i y A to ne ffice , CORPORATE SEAL 11 Ordinance No. 07 -4257 Page 2 It was moved by Bailey 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 Elliott x O'Donnell x Vanderhoef x Wilburn First Consideration 3/20/2007 Vote for passage: AYES: Bailey, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. NAYS: None. ABSENT: Champion. Second Consideration ----------------------- Vote for passage: Date published 4/11/2007 Moved by Bailey, seconded by Correia, 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: Correia, Elliott, O'Donnell, Vanderhoef Wilburn, Bailey, Champion. NAYS: None. ABSENT: None. I.1 STATE OF IOWA ) SS JOHNSON COUNTY vtf- Doc ID: 020816530027 Tvoe: GEN Recorded: 04/09/2007 at 03:20:27 Fee Amt: $137.00 Page 1 of 27 Johnson Countv Iowa Kim Painter Countv Recorder eK4144 PG845.871 PM rill j CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 522401826 (319) 356 -5000 (319) 356 -5009 FAX wwwAgov.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.07 -106 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of April; 2007, all as the same appears of record in my office. Also attached are the final legal documents for Silvercrest Residential Community, Part 3 Subdivision as follows: Attorney's Opinion 2. Consent of Mortgagee (Valley State Bank) 3. Consent of Mortgagee (Gateway Conummity Bank) 4. Owner's Certificate 5. Certificate of County Auditor 6. Certificate of County Treasurer Subdivider's Agreement 8. Stormwater Management Facility Easement Agreement 9. Public Access & Fire Apparatus Access Easement Agreement Dated at Iowa City, Iowa, this 6— day of , 2007. Marian K. Karr City Clerk Ves subdivision r 04.03 -07 6d Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5240 (SUB06- 00010) RESOLUTION NO. 07 -106 RESOLUTION APPROVING FINAL PLAT OF SILVERCREST RESIDENTIAL COMMUNITY- PART 3, IOWA CITY, IOWA. WHEREAS, the owner, Dial Corporation, filed with the City Clerk the final plat of Silvercrest Residential Community - Part 3, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson County, Iowa, to wit: Lots 1 -8, Outlot "A", and Outlot "B" of Silvercrest Residential Community - Part 2 according to the plat recorded thereof in Plat Book 46 at Page 7, Johnson County Recorders Office, Iowa City, Iowa, containing 12.17 acres, more or less, and is subject to any easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, 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 (2005) 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 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. 07_106 Page 2 Passed and approved this 3rd day of Aril 2007 MAYOR Approved by ATTEST;A&, " " CITY-CLERK 6ty'Altorneyq Office 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 ppdadmn%mWlvemestpl3.doc NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn IV Prepared by: Timothy J. Krumm, Meardon, Sueppel & Downer P.L.C., 122 South Linn Street, Iowa City, Iowa 52240 Telephone: 319 - 338 -9222; Facsimile: 319- 338 -7250 OPINION OF ATTORNEY I, TIMOTHY J. KRUMM, a regular practicing attorney in Iowa City, Johnson County, Iowa, do hereby state that I have examined the Abstract of Title to the following described real estate: Lots 1 through 8, and Outlots A and B, Silvercrest Residential Community - Part Two, Iowa City, Iowa, according to the plat thereof recorded in Book 46, Page 7, Plat Records of Johnson County, Iowa. It is hereby certified that fee simple title to the following portion of the above - described property is in Dial Iowa City Land Development, L.L.C.: Lot 1 and Lots 3 through 8, and Outlets A. and B, Silvercrest Residential Community - Part Two, Iowa City, Iowa, according to the plat thereof recorded in Book 46, Page 7, Plat Records of Johnson County, Iowa. and that fee simple title with respect to the following portion of the above - described property is in Legacy Independent, L.P.: Lot 2, Silvercrest Residential Community - Part Two, Iowa City, Iowa, according to the plat thereof recorded in Book 46, Page 7, Plat Records of Johnson County, Iowa. subject to: a) A Mortgage in favor of Valley State Bank, dated June 29, 1999, and recorded June 29,1999, in Book 2768, Page 148, Records of Johnson County, Iowa; and b) A Mortgage in favor of Gateway Community Bank, a division of Northwest Federal Savings Bank, dated July 17, 2003, and recorded July 25, 2003, in Book 3595, Page 254, Records of Johnson County, Iowa; and c) An Assignment of Rents and Leases in favor of Gateway Community Bank, a division of Northwest Federal Savings Bank, dated July 17, 2003, and recorded July 25, 2003, in Book 3595, Page 279, Records of Johnson County, Iowa, E and is otherwise free and clear of all liens and encumbrances. DATED at Iowa City, Iowa, this /S day of -rvc7 _ 2006. TIMOTHY J. K UMM Meardon, Sueppel & Downer P.L.C. 122 South Linn Street Iowa City, IA 52240 1� Prepared by: Timothy J. Krumm, Meardon, Sueppel & Downer P.L.C., 122 South Linn Street, Iowa City, Iowa 52240 Telephone: 319 - 338 -9222; Facsimile: 319 - 338 -7250 CONSENT OF MORTGAGEE TO SUBDIVISION The undersigned, Valley State Bank, Eldridge, Iowa, is the Mortgagee of a Mortgage from Dial Iowa City Land Development, L.L.C., dated June 29, 1999, and recorded June 29, 1999, in Book 2768, Page 148, Records of Johnson County, Iowa. Said Mortgage includes therein a portion of the property to be designated as Silvercrest Residential Community - Part 3, Iowa City, Iowa (a re -plat of Silvercrest Residential Community - Part 2), and legally described as follows: Lots 1 through 8, and Outlots A and B, Silvercrest Residential Community - Part Two, Iowa City, Iowa, according to the plat thereof recorded in Book 46, Page 7, Plat Records of Johnson County, Iowa. The undersigned Mortgagee, pursuant to the applicable provisions of the Code of Iowa, does hereby consent to the platting of this subdivision by Dial Land Development, L.L.C. DATED this lP day of J u, 2006. VALLEY STATE BANK ELI M 1 STATE OF IOWA ) ) ss: COUNTY OF SCOTT ) On this �' day of ttl�j 2006, before me, the undersigned, a Notary Public in and for said County and said State, personally appeared ,�,& "10,ryye' 1 to me personally known, who, being by me duly sworn, did say that hems of said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the saidrit'llcr VI C— &IPY2�(Gki°oi- as such officer, acknowledged the execution of sa' corporation, by it and by him volt MICHELLE M. CRAIG ¢`f�1 COmm1e91M Number 736256 m sl n Ex Tres Notary Public in and for the State of Iowa 2 E, Prepared by: Timothy J. Krumm, Meardon, Sueppel & Downer P.L.C., 122 South Linn Street, Iowa City, Iowa 52240 Telephone: 319- 338 -9222; Facsimile: 319- 338 -7250 CONSENT OF MORTGAGEE TO SUBDIVISION The undersigned, Gateway Community Bank, a division of Northwest Federal Savings Bank, is the Mortgagee of a Mortgage from Legacy Independent, L.P. dated July 17, 2003, and recorded July 25, 2003, in Book 3595, Page 254, Records of Johnson County, Iowa. In addition, the undersigned is the Assignee of an Assignment of Rents and Leases from Legacy Independent, L.P. dated July 17, 2003, and recorded July 25, 2003, in Book 3595, Page 279, Records of Johnson County, Iowa. Said Mortgage includes therein a portion of the property to be designated as Silvercrest Residential Community - Part 3, Iowa City, Iowa (a re -plat of Silvercrest Residential Community - Part 2), and legally described as follows: Lots 1 through 8, and Outlots A and B, Silvercrest Residential Community - Part Two, Iowa City, Iowa, according to the plat thereof recorded in Book 46, Page 7, Plat Records of Johnson County, Iowa. The undersigned Mortgagee, pursuant to the applicable provisions of the Code of Iowa, does hereby consent to the platting of this subdivision by Legacy Independent, L.P. DATED this. day of J E 2006. GATEWAY COMMUNITY BANK, A DIVISION OF NORTHWEST FEDERAL SAVINGS BANK. E �AA By 'ILI Itsc�cr.tJ� V.�, E STATE OF NEBRASKA ) ) ss: COUNTY OF DOUGLAS ) On this 18 day of 2006, before me, the undersigned, a Notary Public in and -for said County and said State, personally appeared GGDDVdL to me personall known, who, being by me k dul s 'rn, did say that he is the x <, , �1Le of said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said �'kerl��cu ?, �CeW Lin r.w6',N 7` as such officer, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. A GENERAL NOTARY -State of NWaska T. CALHOUN _ Mycomet v.auno2a,2o09 Notary ublicinandfortheStateof -laNvaNebvtska, T. V Prepared by: Timothy J. Krumm, Meardon, Sueppel & Downer P.L.C., 122 South Linn Street, Iowa City, Iowa 52240 Telephone: 319- 338 -9222; Facsimile: 319 - 338 -7250 OWNERS' CERTIFICATE Dial Iowa City Land Development, L.L.C., and Legacy Independent, L.P., hereby certify that collectively they are the owners of all of the following described real estate situated in Johnson County, Iowa: Lots 1 through 8, and Outlots A and B, Silvercrest Residential Community - Part 2, Iowa City, Iowa, according to the plat thereof recorded in Book 46, Page 7, Plat Records of Johnson County, Iowa. The Subdivision of said real estate as it appears on the Final Plat of Silvercrest Residential Community - Part 3, Iowa City, Iowa (a re -plat of Silvercrest Residential Community - Part 2), is with the free consent and in accordance with the desires of Dial Iowa City Land Development, L.L.C. and Legacy Independent, L.P. Effective as of the --te— day of 2006. DIAL IOWA CITY LAND DEVELOPMENT, X,.L.C. Patrick G. Day, Manager LEGACY INDEPENDENT, L.P. By: Independence Ridge at Legacy Point, General Partner i By: O Patrick G. Dav, Man; I By: 1q STATE OFd�2- ) �j ) SS: JQHN9&tCOUNTY ) i On this 6 day of 2006, before me, the undersigned, a Notary Public in and for the State of erson lly appeared Patrick G. Day, to me personally known, who, being by me dul sworn, did say that he is the Manager of said limited liability company, and that the instrument was signed on behalf of the limited liability company by said Patrick G. Day and who acknowledged the execution of said instrument to be his voluntary act and deed and the voluntary act and deed of the limited liability company, by it and by him voluntarily executed. GENEf=PETERSEN Nebraska N 007 Notary fublic in nd 4or the State of Iowa A TE O 'iffmr N � ) ) SS: COUNTY ) On this - day of 2006, before me, the undersigned, a Notary Public in and for the State of +a, pers nally appeared Patrick G. Day and Michael L. Day, to me personally known, o, being by me duly sworn, did say that they are each Managers of Independence Ridge at Legacy Point, L.L.C., and that said instrument was signed on behalf of the limited liability company in its capacity as General Partner of Legacy Independent, L.P., by authority of its Members/ Managers and that said Patrick G. Day and Michael L. Day acknowledged the execution of said instrument to be their voluntary act and deed and the voluntary act and deed of the limited liability company, acting in its capacity as General Partner of Legacy Independent L.P., by them and by it voluntarily executed. NERAL NOTARY• State of A'ebraska MARY M. PETERSEN Notary Pu lic in a d for the State of Iowa " - My Comm. Eap, March 15, 2007 `U Prepared by: Timothy J. Krumm,122 South Linn Street, Iowa City, IA 52240, (319) 33 8-9222 CERTIFICATE OF COUNTY AUDITOR SILVERCREST RESIDENTIAL COMMUNITY - PART 3, IOWA CITY, IOWA 1, Tom Slockett, the Johnson County Auditor, hereby approve of " Silvercrest Residential Community - Part 3, Iowa City, Iowa" as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: Lots 1 through 8, and Outlots A and B, Silvercrest Residential Community - Part Two, Iowa City, Iowa, according to the plat thereof recorded in Book 46, Page 7, Plat Records of Johnson County, Iowa. 9 S 2006 Tom Slockett, Johnson County Au itor Dt6te V Prepared by: Timothy J. Krumm, Meardon, Sueppel & Downer P.L.C., 122 South Linn Street, Iowa City, Iowa 52240 Telephone: 319- 338 -9222; Facsimile: 319 - 3387250 CERTIFICATE OF COUNTY TREASURER I, Thomas Kriz, hereby certify that I am the County Treasurer of Johnson County, Iowa, and that the following described property as shown on the Final Plat for the subdivision known and designated as Silvercrest Residential Community - Part 3, Iowa City, Iowa (a re -plat of Silvercrest Residential Community - Part 2), is free from taxes for fiscal year 2005 (payable in 2005 -2006) and all prior years: Lots 1 through 8, and Outlots A and B, Silvercrest Residential Community - Part Two, Iowa City, Iowa, according to the plat thereof recorded in Book 46, Page 7, Plat Records of Johnson County, Iowa. Dated at Iowa City, Iowa, this 6-k- day of M1h C,) 2007. 09 183 36 60 / 02/ &330004 Cy91g336'00 3 6 9/8 Q °y /k3 30 �vG 40//�33UG/G 6 Af33°Oai 0i/33U °6% C9��� 3�QOSJ U9 /� .33pOO � Thomas Kriz County Treasurer, Johnson County, Iowa Prepared by: Timothy J. Krumm,122 South Linn Street, Iowa City, IA 52240, (319) 338 -9222 SUBDIVIDER'S AGREEMENT SILVERCREST RESIDENTIAL COMMUNITY - PART 3, IOWA CITY, IOWA THIS AGREEMENT is made by and between Dial Iowa City Land Development, L.L.C., a Nebraska limited liability company, and Legacy Independent, L.P., a Nebraska limited partnership (hereinafter collectively referred to as "Subdivider "), and the City of Iowa City, Iowa, a municipal corporation (hereinafter referred to as the "City "), W ITNESSETH: SECTION 1. PUBLIC IMPROVEMENTS In consideration of the City approving the final plat of Silvercrest Residential Community - Part 3, Iowa City, Iowa, an addition to the City of Iowa City, Iowa, the Subdivider agreed, 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 installed the following public improvements: the Developer under the previous Agreement has completed all public improvements. All improvements proposed for Silvercrest Residential Community - Part 3 (which include paving, sanitary sewer, storm sewer, and water main) are considered private improvements. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public or private improvements at issue herein. Nor shall the Subdivider be deemed acting as the City's agent during the original construction and installation of said Improvements. The parties agree that the obligation to install the Improvement(s) herein shall be in accordance with project specifications, and the obligation shall remain on the Subdivider until completion by the Subdivider, as provided by law and this Agreement. SECTION 2. STORM WATER MANAGEMENT ORDINANCE COMPLIANCE AND COVENANT In consideration of the City approving the Subdivider's storm water management plan, the Subdivider agreed 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 Control Facilities for Silvercrest Residential Community (hereinafter "Facilities "), which are located on Outlots "A" and "B ", including the site work incident thereto, had been installed and either released or accepted by the City. 11 F2 The Facilities shall be subject to the plans and specifications submitted with the final plat and approved by the City Engineer. The duty to maintain the Facilities shall remain on the Subdivider and the Subdivider's successor in interest. Said maintenance shall comply with the City's storm water management ordinance. SECTION 3. CONSTRUCTION OF IMPROVEMENTS All Improvements set forth in Sections 1 and 2 of this Agreement shall be constructed and installed by the Subdivider according to the plans and specifications approved by the City Engineer of the City of Iowa City, Iowa, who had 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 and Facilities pursuant to the approved plans and specifications. Further, said inspections shall not create a duty or warranty on the part of the City that the construction of said Improvements and Facilities is in compliance with said plans and specifications. SECTION 4. SIDEWALKS The Subdivider shall install sidewalks, as construction of each building is completed, both internal to the Subdivision and adjacent to the west boundary of the Subdivision along and within the Scott Boulevard right -of -way, as shown on the Preliminary O.P.D.H. Site Plan approved by the City. Sidewalks shall be at least four (4) feet in width and constructed according to plans and specifications approved by the City Engineer of the City of Iowa City, Iowa. Sidewalks installed in the Subdivision are covered by this Agreement as required by Sections 14 -1C -1, 2 and 3 and Section 14 -7C -5 Iowa City Code of Ordinances, and shall remain a lien on the lots until installed and released by the City, and the release duly recorded in the Johnson County Recorder's office, By previous agreement, the Subdivider was required to pay, and has paid the City the sum of $9,159.60 for future sidewalk adjacent to the north boundary of the Subdivision along American Legion Road. SECTION 5. NEIGHBORHOOD OPEN SPACE By previous agreement, the Subdivider was required to pay, and has paid the City the sum of $64,800.00 in lieu of dedicating 1.44 acres of land for neighborhood open space pursuant to the provisions of Section 14 -7D -4 of the Iowa City Code of Ordinances. This fee represents the total amount required for the Silvercrest Residential Community Tract of 20.87 acres, which includes Silvercrest Residential Community- Part 3. SECTION 6. BUILDING PERMIT AND ESCROW MONIES If the Subdivider should desire a building permit on any lot in said subdivision before the Improvements or Facilities have been installed, the Subdivider shall deposit with the Department of Housing and Inspection Services, in escrow, an amount equal to the estimated cost of constructing said Improvements or Facilities plus ten percent (10 %) thereof (hereinafter "Improvements Escrow "). The City Engineer shall determine the amount of the escrow which shall be collected. 2 In addition to the Improvements Escrow, if Subdivision Erosion Control measures have not been installed, with ground cover established by growth, the City required, as a condition to the issuance of the first building permit for construction within the subdivision, that the Subdivider deposit in escrow with the City the sum of $2,000.00 (the "Erosion Clean -up Escrow ") to assure reimbursement for the cost of cleaning public streets, storm sewers, gutters or catch basins, which may be incurred by the City as a result of erosion from any lot in the Subdivision. The Subdivider shall be responsible for the cost of any such clean -up; and to the extent that the Subdivider fails to accomplish erosion clean -up after reasonable notice from the City, the City is hereby authorized but not obligated to do the work and to charge the cost thereof to the Erosion Clean -up Escrow, if adequate, and to charge any excess costs to the Subdivider. If the Erosion Clean -up Escrow is insufficient to pay the costs incurred by the City, the Subdivider shall promptly reimburse the City for the excess costs incurred. The unused balance of the Erosion Clean -up Escrow shall be returned to the Subdivider after erosion control measures have been installed, and ground cover has been established by growth. After the Erosion Clean -up and Improvements Escrows have been established, the Building Inspector of the City is authorized to issue a building permit, if the applicant is in compliance with all other applicable requirements and ordinances of the City. SECTION 7. OCCUPANCY PERMIT Prior to the issuance of an occupancy permit for any building erected pursuant to Section 6, the City in its discretion may require the Subdivider to construct and install the Improvements, Facilities, private improvements (including paving, storm sewers, file lines, water mains, drainage ways, and walkways), and sidewalks as required by this Agreement. SECTION 8. USE OF ESCROW MONIES FOR IMPROVEMENTS If, after the issuance of an occupancy permit, the Improvements have not been constructed and installed, the City may use any funds deposited in the Improvements Escrow to construct and install the Improvements and Facilities. If the cost of constructing and installing said Improvements and Facilities exceeds the amount of the escrow, the City shall have a lien and charge against all the lots in the subdivision for the balance of the costs. The City shall refund to the Subdivider any Improvements Escrow monies not used by the City for the construction and installation of the Improvements and Facilities. SECTION 9. WAIVER If Subdivider sells or conveys lots in said subdivision without constructing or installing the Improvements and Facilities; or the Subdivider fails to construct the sidewalk required in Section 4, 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 and Facilities so that the cost of the installation shall be a lien against all of the lots in the subdivision. The cost of the Improvements and Facilities need not meet the requirements of benefit or value as provided by the law of the State of Iowa for assessing such improvements. The cost of installing the sidewalks shall be a lien only against the lot or lots abutting or in front of which sidewalks are installed. It is further provided that this requirement to construct the 3 Improvements and Facilities or sidewalks is and shall remain a lien against the lots in the subdivision until properly released, as hereinafter provided. SECTION 10. IMPROVEMENTS AND SIDEWALK RELEASE The City agrees that when the Improvements and Facilities have been installed as required, to the satisfaction of the City, the City will, upon request, promptly issue to the Subdivider, for recording in the Office of the County Recorder of Johnson County, Iowa, good and sufficient release to the lots in said subdivision so that this Agreement will not constitute a cloud upon the title of the lots in the subdivision. A separate sidewalk lien release shall be issued where appropriate. The City Manager, Mayor or designee is hereby authorized to execute any releases contemplated under this section. SECTION 11. MISCELLANEOUS A. All electrical, telephone and cable televisions service and distribution lines have been or shall be installed underground. B. By previous agreement, the Subdivider was required to pay, and has paid the City a water main extension fee in the amount of $8,243.65 and a sanitary sewer tap - on fee in the amount of $50,088.00. These fees represent the total amounts required for the Silvercrest Residential Community Tract of 20.87 acres, which includes Silvercrest Residential Community - Part 3. C. An Association of Owners shall be established for the purposes of providing continued maintenance of the private streets and drives, common grounds and landscaping, private utilities, storm water control facilities and other common features within the development. The City shall have no responsibility for maintenance of the private streets, grounds, landscaping or utilities within the development whatsoever. This maintenance obligation shall be a continued lien and charge against all lots in the Subdivision, may be enforced by the City, and shall not be released by private covenant without written participation by the City. D. Each private street within the development shall be considered to be created by a separate reciprocal access easement running to the benefit of each lot in the subdivision, regardless of the lot upon which it is located, and each lot shall have the obligation to keep said private streets open for access and use for the benefit of all lots in the subdivision. Additionally, this reciprocal access covenant shall not be amended, abridged or released without written authorization and participation by the City of Iowa City. SECTION 12. SUCCESSORS AND ASSIGNS This Agreement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto and all covenants shall be deemed to apply to and run with the land and with the title to the land. 4 eg �QR; ss DATED this '> day of , 2007. DIAL IOWA CITY LAND DEVELOPMENT, L.L.C., A Nebraska Limited Liability Company By: Patrick G. Day, Manager LEGACY INDEPENDENT, L.P. By: Independence Ridge at Legacy Point, L.L.C., General Partner By: Patrick, G. Day, Manager 1 By: Michael L. Mq age, CITY OF IOWA CITY, IOWA, YMunicip rporo ( ion � /1 fj Ross Wilburn, Mayor IX /rfX' By: �4J 7�J TCa- v M tan K. Karr, City Clerk STATE OF NEBRASKA ) ) ss: COUNTY OF DOUGLAS ) On this day of March, 2007, before me, the undersigned, a Notary Public in and for the said State, personally appeared Patrick G. Day, to me personally known, who being by me duly sworn, did say that he is the Manager of Dial Iowa City Land Development, L.L.C. and that said instrument was signed on behalf of the said limited liability company by authority of its Members /Managers and the said Patrick G. Day acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. JESSICA JOHNSON General Notary State ofNeWaska My Commlislon Explres Nov 22, 2010 Notary Oblic in and fbV said State My Commission expires: Hoq • t 201(7 5 E. STATE OF NEBRASKA ) ) ss: COUNTY OF DOUGLAS ) On this VU day of March, 2007, before me, the undersigned, a Notary Public in and for the State of Nebraska, personally appeared Patrick G. Day and Michael L. Day, to me personally known, who being by me duly sworn, did say that they are each Managers of Independence Ridge at Legacy Point, L.L.C. , and that said instrument was signed on behalf of the limited liability company in its capacity as General Partner of Legacy Independent, L.P., by authority of its Members /Managers and that said Patrick G. Day and Michael L. Day acknowledged the execution of said instrument to be their voluntary act and deed and the voluntary act and deed of the limited liability company, acting in its capacity as General Partner of Legacy Independent, L.P., by them and by it voluntarily executed. =Expires N y ka ; A "U-0- L 4JIn� ov 22, 2010 Notary Pu is in and for id State My Commission expires: STATE OF IOWA t ss: COUNTY OF JOHNSON ) I� x .Ac2i,, On this 5 day of M=h, 2007, before me, the undersigned, a Notary Public in and for the said State, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Ross Wilburn and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation by it and by them voluntarily executed. jjC]0rmnym3"S81o'n ONRAE FORT Number 159781 ON RAE Expires c� c— b . L` �ov,ctrY� Vrer Notary Public in and for said State of Iowa My Commission expires: no I Prepared by: Timothy J. Krumm,122 South Linn Street, Iowa City, IA 52240, (319) 338-9222 STORM WATER MANAGEMENT FACILITY EASEMENT AGREEMENT THIS AGREEMENT is made by and between Dial Iowa City Land Development, L.L.C., a Nebraska limited liability company, and Legacy Independent, L.P., a Nebraska limited partnership (hereinafter collectively referred to as "Owner" and /or "Subdivider "), and the City of Iowa City, Iowa, a municipal corporation (hereinafter referred to as the "City "), IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, the Owner hereby grants and conveys to the City, easements for the purposes of installing, operating and maintaining storm water control facilities and storage areas otherwise known as a Storm Water Management Facilities and also a fifteen foot (15') wide right -of -way with right of ingress and egress thereto, over and across the areas designated as "Storm Water Management Easement" and "15' Access Easement for Storm Water Management Facility" (hereinafter "easement areas ") on Outlots A and B, as shown on the final plat for Silvercrest Residential Community — Part 3, Iowa City, which plat is by this reference made a part hereof. The Owner further grants to the City the following rights in connection with said easements: 1. The right to grade said easement areas for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said easement areas, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away all trees and brush on said easement areas and on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said facilities, or may interfere with the exercise of the City's rights hereunder in any manner. The City shall indemnify the Owner against any loss and damage which shall be caused by the negligent exercise of any said ingress or egress, construction, use or maintenance by the City or its agents or employees in the course of their employment. The Owner reserves a right to use said easement areas for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall or other structures; plant any trees, drill or operate any well; construct any obstructions on said easement areas; or substantially add to the ground cover of said easement areas. Owner shall maintain the easement areas free from weeds and debris; shall in no event fill or permit the Storm Water Management Facilities to be filled in; and Owner also agrees to maintain its land so as to minimize erosion in and around said easement areas. The Owner hereby covenants with the City 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. After completion of the Storm Water Management Facilities, the Owner and its successors and assigns shall thereafter maintain the facilities and easement areas in such condition as to facilitate the proper functioning of said facilities. The maintenance shall include maintaining and mowing the groundcover over the areas adjacent to the facilities and keeping the facilities and its conduits free of debris. The City shall have no obligation for maintenance of the Facilities or the easement areas. However, the City shall have the right, but not the obligation, to enforce the terms of this agreement, including, but not limited to, the right to perform emergency repairs, conduit cleaning, reconstruction or maintenance on the facilities at the Owner's expense without notice. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall the Subdivider be deemed acting as the City's agent during the original construction and installation of said improvements. The parties agree that the obligation to install the public improvements herein shall be in accordance with City specifications, and the obligation shall remain on the Subdivider until completion by the Subdivider, and until acceptance by the City, as provided by law. This Agreement 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. Signed this K day of�, 2006. DIAL IOWA CITY LAND DEVE A Nebraska Limited Liability as Patrick G. Day, 2 r LEGACY INDEPENDENT, L.P. E By: Independence Ridge at Legacy General Partner CITY OF IOWA CITY, IOWA, A Muni 'pa Corporation By: - � ( ) �� L�— Ross Wilburn, ayo/rr 4/ Marian K. Karr, City Clerk STATE OF NEBRASKA ) ) ss: COUNTY OF DOUGL S ) On this A- day of O� 2006, before me, the undersigned, a Notary Public in and for the said State, personally appeared Patrick G. Day, to me personally known, who being by me duly sworn, did say that he is the Manager of Dial Iowa City Land Development, L.L.C. and that said instrument was signed on behalf of the said limited liability company by authority of its Members /Managers and the said Patrick G. Day acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. [XGENEML NOTARY - Wte of Nebraska M.PETEr1SEN l Comm. Fxp.69arch 15, 2007 V Notary Public in and for said State My Commission expires: i STATE OF NEBRASKA ) ) ss: COUNTY OF DOUGLI S ) On this �/ day of 2006, before me, the undersigned, a Notary Public in and for the State of Nebraska, personally appeared Patrick G. Day and Michael L. Day, to me personally known, who being by me duly sworn, did say that they are each Managers of Independence Ridge at Legacy Point, L.L.C, , and that said instrument was signed on behalf of the limited liability company in its capacity as General Partner of Legacy Independent, L.P., by authority of its Members /Managers and that said Patrick G. Day and Michael L. Day acknowledged the execution of said instrument to be their voluntary act and deed and the voluntary act and deed of the limited liability company, acting in its capacity as General Partner of Legacy Independent, L.P., by them and by it voluntarily executed. Fi PETEf NebraskaPETERSEN .March15,2007 Notary Public in and for said State My Compires: 09 STATE OF IOWA ) ss: COUNTY OF JOHNSON ) AM On this _3 day of A� a- 2W6, before me, the undersigned, a Notary Public in and for the said State, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Ross Wilburn and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation by it and by them voluntarily executed. SONDRAE FORT _ Commission Number 159791 My Commission Expires U Cvmrtn r'� Notary Public in and for said State of Iowa My Commission expires: 3 c oc 4 Prepared by: Timothy J. Krurrun,122 South Linn Street, Iowa City, IA 52240, (319) 338 -9222 PUBLIC ACCESS AND FIRE APPARATUS ACCESS EASEMENT AGREEMENT FOR SILVERCREST RESIDENTIAL COMMUNITY - PART 3, IOWA CITY, IOWA THIS AGREEMENT is made by and between Dial Iowa City Land Development, L,L.C., a Nebraska limited liability company, and Legacy Independent, L.P., a Nebraska limited partnership (hereinafter collectively referred to as "Subdivider "), and the City of Iowa City, Iowa, a municipal corporation (hereinafter referred to as the "City "), IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, the Subdivider hereby grants and conveys to the City, an easement for the purposes of the right of public and City service access to the areas designated as "Access Easement", (hereinafter "easement areas ") as shown on the Final Plat for Silvercrest Residential Community- Part 3, Iowa City, which plat is by this reference made a part hereof. The grant of rights under this Public Access and Fire Apparatus Access Easement Agreement provides the City, City service vehicles, fire apparatus vehicles and the general public with a means of ingress, egress and passage over the private streets designated as Silvercrest Way and Silvercrest Circle on said final plat, as well as granting the general public with a means of ingress, egress and passage over the areas designated as "Access Easement' on said final plat. With regard to the above - described Public Access Easement over the private street designated as Silvercrest Way and Silvercrest Circle, the Iowa City Police Department is hereby 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 private street in violation of the parking laws of this City and State. This agreement shall serve as appropriate notice for such authorization to the Iowa City Police Department under the Code of Iowa, as amended. The Subdivider and its assigns hereby also agree to release, indemnify and hold harmless the City, its officers, employees and agents from any damages, claim of damages or liability resulting from any ticketing or towing as authorized under the preceding paragraph. Additionally, the Iowa City Fire Department is hereby granted an easement with the right of access over and across the above - described Fire Apparatus Access Easement on the private street designated as Silvercrest Way and Silvercrest Circle on the final plat of Silvercrest Residential Community - Part 3, Iowa City, Iowa. Said right of access also 1% includes the right of non - emergency access and posting for the purposes of enforcing Fire Safety Standards under the Uniform Fire Code, as amended. The Subdivider reserves a right to use said easement area for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided, that the Subdivider shall not erect or construct any building, fence, retaining wall or other structures over the easement area; plant any trees; drill or operate any wall; or construct any reservoirs or other obstructions on said area; or diminish or substantially add to the ground cover over the easement areas with the exception of the installation and construction of the private streets, Silvercrest Way and Silvercrest Circle. Nothing in this Agreement shall be construed to impose a requirement on the City to install the private streets at issue herein. Nor shall the 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 the Subdivider until completion by the Subdivider. The Subdivider hereby covenants with the City that it is lawfully seized and possessed of the real estate above described, and that it has good and lawful right to convey it or any part thereof. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall be deemed to apply to and run with the land and with the title to the land. The Owners join in this Agreement solely for the purpose of subjecting their ownership rights to the terms and conditions hereof. Owners expressly disclaim responsibility for carrying out the Subdivider herein. In the event the Subdivision does not receive the final approval of the�Pty, this A reement will have no force or effect. Signed this day of , 2006. DIAL IOWA CITY LAND DEVELOPMENT, L.L.C., A Nebraska Limited Liability Compa By. Patrick G. Day, Manager ager LEGACY INDEPENDENT, L.P. By: Independence Ridge at Leg nt, L.L.C., General Partg@r By: ✓ Patrick, G. D , Manag r By: Michael L. DKd , Manage/ CITY OF IOWA CITY, IOWA, A Municipal Corporation By: \�� � I- �--- °Ross Wilburn, Mayor By: /�l rGt > riJ �i fir^✓ Marian K. Karr, City Clerk STATE OF NEBRASKA ) ) ss: COUNTY OF DOUGLAS 1 On this _ day of 2006, before me, the undersigned, a Notary Public in and for the said State, personally appeared Patrick G. Day, to me personally known, who being by me duly sworn, did say that he is the Manager of Dial Iowa City Land Development, L.L.C. and that said instrument was signed on behalf of the said limited liability company by authority of its Members /Managers and the said Patrick G. Day acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. GENEROTAka',^. �� M. PETERSEN v/ / 7 Notary Publib in and for said St ate My Commission expires: J STATE OF NEBRASKA ) ) ss: COUNTY OF DOUGLAS 1 On this / day of 2006, before me, the undersigned, a Notary Public in and for the State o Nebraska, personally appeared Patrick G. Day and Michael L. Day, to me personally known, who being by me duly swom, did say that they are each Managers of Independence Ridge at Legacy Point, L.L.C. , and that said instrument was signed on behalf of the limited liability company in its capacity as General Partner of Legacy Independent, L.P., by authority of its Members /Managers and that said Patrick G. Day and Michael L. Day acknowledged the execution of said instrument to be their voluntary act and deed and the voluntary act and deed of the limited liability company, acting in its capacity as General Partner of Legacy Independent, L.P., by them and by it voluntarily executed. braska Noa y Public in and for said Stat e EN 2007 y mmis 3 1 1% STATE OF IOWA ss: COUNTY OF JOHNSON Sr 41,07 On this _3 day of 190011-- 2006, before me, the undersigned, a Notary Public in and for the said State, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Ross Wilburn and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation by it and by them voluntarily executed. �s SDNDRAE FORT i. Commisson Number 159791 My Commission Expires ww Notary Public in and for said State of Iowa My Commission expires: 3 7 o0 4 Y-tG Doc ID: 020828520051 TVOe: GEN Recorded: 04/23/2007 at 01:40:09 PM Johnson CountvOI ONage 3 of 53 Kim Painter Countv Recorder BK4149 PG806 -856 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I r , 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.07 -105 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of April, 2007, all as the same appears of record in my office. Also attached are the final legal documents for First American Bank Addition, a Resubdivision of Lot 2, Ruppert Hills Subdivision as follows: /� Dated at Iowa City, Iowa, this da y of 2007. CORPORATE SEAL Mari n -K. Karr City Clerk ves subdivision \`A 1. Attorney's Opinion 0 2. Owner's Certificate a 3. Certificate of County Auditor ttv 4. Certificate of County Treasurer G 5. Subdivider's Agreement 6. Sanitary Sewer Easement Agreement Lit 7. Stormwater Management Facility Easement Agreement CD 8. Storm Sewer and Drainage Easement 9. Water Service Line Easement 8 10. Driveway Access & Fire Apparatus Access Easement Agreement 11. Cross Access and Parking Easement Agreement /� Dated at Iowa City, Iowa, this da y of 2007. CORPORATE SEAL Mari n -K. Karr City Clerk ves subdivision \`A Prepared by: Drew E. Westberg, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5230 (SUB06- 00021) RESOLUTION NO. 07 -105 RESOLUTION APPROVING FINAL PLAT OF FIRST AMERICAN BANK ADDITION, A RESUBDIVISION OF LOT 2 OF RUPPERT HILLS, IOWA CITY, IOWA. WHEREAS, the owner, First American Bank, filed with the City Clerk the final plat of First American Bank Addition, a resubdivision of Lot 2 of Ruppert Hills, 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 2, Ruppert Hills, Iowa City, Iowa, as recorded in Book 46, at Page 47, in the Johnson County Recorder's Office. Said Lot 2 contains 3.38 acres, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, 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 (2005) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above - described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner /subdivider. \ON Resolution No. n7 _105 Page 2 Passed and approved this 3rd day of April 2007 C;a.t-Lj S L,, MAYOR Approved by ATTEST: &4,44 r CIV CLERK Cit tto-rneos Office It was moved by yanderhoef and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: i� x x x x x x ppdadMnVeslfrstameno nbank.do NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn \G\ . f ATTORNEYS AT LAW February 15, 2007 City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 Re: Plat Opinion Ladies and Gentlemen: Brown, Winick, Graves, Gross, Regency West 5. 4500 Westown Pkwy, Ste 277 Baskerville and Schoenebaum, P.L.C. West Des Moines, IA 50266.6717 direct phone: 515- 242 -2447 direct fax: 515- 323 -8547 email: hamborg @ brownwinick.eom Pursuant to Iowa Code § 354.11(3) (2005), I have examined Abstract No. 93778 of Security Abstract Company of Johnson County, Iowa, and prior abstracts thereto, showing record title from the root of title to and including December 12, 2006, at 5:30 p.m., for the real estate located in Johnson County, Iowa and described as follows (the "Real Estate "): Lot 2 in Ruppert Hills, an Addition to the City of Iowa City, Johnson County, Iowa, according to the plat thereof recorded in Plat Book 46, Page 47, of the records of Johnson County, Iowa As of the date of the last continuation of the abstract, I certify that the record title to the Real Estate is vested in FIRST AMERICAN BANK, an Iowa Banking Corporation subject to the following: 1. Pursuant to Iowa Code § 354.11(3) (2005), I certify that there are no mortgages, liens, or other encumbrances on the Real Estate hereinabove described except the following: A. Pedestrian Access Easement Agreement, dated April 4, 2003, and filed of record May 29, 2003, at Book 46, Page 47. Said Easement is in favor of the City of Iowa City and grants pedestrian access along a portion of the Real Estate. A Pedestrian Access Easement Agreement is also reflected at Book 3674, Page 247, and appears to affect the Real Estate. B. Subdivider's Agreement filed at Book 3550, Page 960 among Callaway Development Corporation, Ruppert Family, L.L.C. and the City of Iowa City, Iowa. This Subdivider's Agreement sets forth certain conditions, duties and A Firrrt Commitment to Bus ; ness — 515-242- 2400phonc 515- 242- 2448fnx www.brownwinick.com NG\ February 15, 2007 Page 2 obligations with respect to the development of Lots 1, 2 and 3 within the plat, which includes the Real Estate. C. Developer's Agreement dated October 17, 2003 between RayCal Iowa, Ltd. and the City of Iowa City, Iowa, filed December 3, 2003, at Book 3674, Page 247, creates certain duties and obligations with respect to the development of Lot 1 in Ruppert Hills. The Agreement also contains various easements on and through Lot 1, which easements also appear to extend onto Lot 2. D. Protective Covenants and Restrictions for the Real Estate, dated October 6, 2005, filed October 11, 2005 in Book 3951, Page 42. E. Private Driveway Easement Agreement, dated October 6, 2005, filed October 12, 2005, in Book 3951, Page 47. F. Temporary Grading Easement, dated October 11, 2005, filed October 12, 2005 in Book 3951, Page 53. 2. Real estate taxes for fiscal year 2005/2006 and all prior years are shown as follows: first half $44.00 paid; second half, $44.00 unpaid but not delinquent. Insofar as this opinion is prepared pursuant to Iowa Code § 354.11(3) (2005), certain items such as utility easements have been omitted from this opinion. This opinion is given strictly for platting purposes, and no opinion is expressed herein with respect to utility easements or similar matters that affect the property under examination herein. In issuing this opinion, I pass only on the title as shown in the above - described abstract. I can give no report on (a) location of all public utility lines that service the property and the necessary easements therefore; (b) easements existing by virtue of usage, as the same does not appear on the abstract; (c) location of boundary lines; (d) stolen or forged documents; (e) rights of undisclosed spouses; and (f) rights of parties in possession. You should ascertain also that no improvements either in the form of labor or materials, which have been placed on the premises in the last ninety days, still remain unpaid, as they would constitute liens without being shown of record. You should determine whether any solid waste, hazardous substances, pollutants, above or below ground storage tanks, drainage wells, water wells, landfill sites or other environmentally regulated conditions exist on the property. Such conditions are not ordinarily shown in the abstract, but they may result in injunctions, fines, required cleanup, or other remedial actions under federal, state or local laws. These laws may impose liens against the property and personal liability against the owner, even though the owner did nothing to create the �A February 15, 2007 Page 3 conditions, and acquired the property without knowing about it. No report is made by the abstracter of special assessments not yet shown on the tax books of Jolmson County, Iowa; and therefore, no examination is made as to these. Special assessments against any property within a municipality should be determined by checking with the City Clerk of said municipality. This opinion is rendered solely for the benefit of the addressee or addressees named herein. No other persons shall be entitled to rely upon the contents of this opinion or the conclusions expressed herein without the prior written consent of the undersigned examining attorney. Very truly yours, J Kelly D. Hamborg / KDH/kh \O\ OWNER'S CERTIFICATE FIRST AMERICAN BANK ADDITION A RESUBDIVISION OF LOT 2, RUPPERT HILLS IOWA CITY, IOIWA KNOW ALL MEN BY THESE PRESENTS: First American Bank, an Iowa banking corporation, does hereby certify and state that it is the owner and proprietor of the following described real estate situation in Johnson County, Iowa, to -wit: Lot 2 in Ruppert Hills, an Addition to the City of Iowa City, Johnson County, Iowa, according to the plat thereof recorded in Book 46, Page 47, of the records of Johnson County, Iowa First American Bank, does further state that the subdivision of said real estate as it appears on the Final Plat of First American Bank Addition to which this certification is attached, is with its free consent and in accordance with the desire of said proprietor. The utility easements in said subdivision are hereby dedicated to the City of Iowa City, Iowa as provided by Section 354.19 of the 2007 Code of Iowa. IN WITNESS WHEREOF, the proprietors have caused these presents to be signed on this � --day of e b rc 2007. FIRST AMERICAN BANK By: 8 Doug Bass, Pr/ sident STATE OF IOWA ) ) ss: COUNTY OF POLK ) This instrument was acknowledg dIbeford me on.- -t is day of 2007 by Doug Bas , as Presigen of Fi M'nn Bank. � s RAYMOND E. MEISTER ,"� �'� Commisslon Number 115450 �..4.I N btic.in an for S id State My Commission Expires ow September 23, 2008 {00392I46.DOC} �CA CERTIFICATE OF COUNTY AUDITOR FIRST AMERICAN BANK ADDITION A RESUBDIVISION OF LOT 2, RUPPERT HILLS IOWA CITY, IOWA I, Tom Slockett, the Johnson County Auditor, hereby approve of First American Bank Addition as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: Lot 2 in Ruppert Hills, an Addition to the City of Iowa City, Johnson County, Iowa, according to the plat thereof recorded in Book 46, Page 47, of the records of Johnson County, Iowa -74z V Tom Slockett, Johnson County Auditor (00392156.DOC) 2 /2 0/2 is o Date CERTIFICATE OF COUNTY TREASURER FIRST AMERICAN BANK ADDITION A RESUBDIVISION OF LOT 2 RUPPERT HILLS IOWA CITY, IOWA I, the undersigned, Treasurer of Johnson County, Iowa or deputy thereof, hereby certify that the following described property, also known as First American Bank Addition, is free from taxes or special assessments in the office of the Treasurer of Johnson County, Iowa: Lot 2 in Ruppert Hills, an Addition to the City of Iowa City, Johnson County, Iowa, according to the plat thereof recorded in Book 46, Page 47, of the records of Johnson County, Iowa Dated at Iowa City, Iowa this Z`w day of £66ru«y , 2007. Parcel No. 1016g3l 002- (00392148.DOC) Thomas L. Kriz, Treasurer of Johnson County, Iowa \ C1\ Prepared by and upon recordation, return to: Kelly D. Hamborg 4500 Westown Pky. , Ste. 277 W. Des Moines IA 50266: (515) 242 -2400 SUBDIVIDER'S AGREEMENT FIRST AMERICAN BANK ADDITION A RESUBDIVISION OF LOT 2, RUPPERT HILLS IOWA CITY, IOWA THIS AGREEMENT, made by and between First American Bank, hereinafter referred to as Owner and /or Subdivider, and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City," WITNESSETH: SECTION 1. PUBLIC IMPROVEMENTS. In consideration of the City approving the plat of First American Bank Addition, A Resubdivision of Lot 2, Ruppert Hills, Iowa City, Iowa, an addition to.the City of Iowa City, Iowa (the "Subdivision "), the Owner agrees, as a covenant running with the land that, except as provided in this Agreement, the City shall not issue any building permit on any lots in said Subdivision unless and until Subdivider installs and City accepts the following improvements: A. Sanitary sewers as set forth in the final plat of the Subdivision. B. Subdivision erosion control measures as required by the City under its ordinances. The sanitary sewers are hereinafter referred to as "Improvements." Nothing in this Agreement shall be construed to impose a requirement on the City to install the Improvements at issue herein. Nor shall the Subdivider be deemed acting as \0\ the City's agent during the original construction and installation of said Improvements. The parties agree that the obligation to install the Improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Subdivider until completion by the Subdivider, and until acceptance by the City, as provided by law. SECTION 2. STORM WATER MANAGEMENT ORDINANCE COMPLIANCE AND COVENANT. In consideration of the City approving the Subdivider's Storm Water Management Plan, 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 Control Facilities as set forth on the final plat of the Subdivision (hereinafter "Facilities "), including the site work incident thereto, have been installed and either released or accepted by the City. The Facilities shall be subject to the plans and specifications submitted with the final plat and approved by the City Engineer. The duty to maintain the Facilities shall be the owners, as may be allocated to the owner of an individual lot. Said maintenance shall comply with the City's storm water management ordinance. If the owners fail to maintain the storm water management facilities in accordance with this agreement, the City ordinances and design standards, the City shall have the right to perform said maintenance. Owners acknowledge and agree that all lots in the Subdivision are specifically benefited by said facilities so that the cost of said maintenance performed by the City (following nonperformance by the owner(s)) 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 maintenance costs. SECTION 3. CONSTRUCTION OF IMPROVEMENTS. All Improvements and Facilities described in Sections 1 and 2 of this Agreement shall be constructed and installed by the Subdivider according to the plans and specifications approved by the City Engineer of the City of Iowa City, Iowa, who shall have the right to make occasional inspection of the work in progress. Such inspections shall not relieve or release the Subdivider from their responsibility to construct said Improvements and Facilities pursuant to the approved plans and specifications. SECTION 4. SIDEWALK. In lieu of installing a sidewalk along the right -of -way of Highway 1 in connection with this Subdivision, prior to the issuance of a building permit for any lot in the Subdivision, Subdivider shall pay to the City the amount of $7,854, the estimated paving 2 \1\ cost of such a sidewalk (not including the cost of grading) to be applied by the City to the future construction of a sidewalk as part of a public project. SECTION 5. BUILDING PERMIT AND ESCROW MONIES. If the Subdivider should desire a building permit on any lot in said Subdivision before the Improvements or Facilities have been installed, the Subdivider shall deposit with the Department of Housing and Inspection Services; in escrow, an amount equal to the estimated cost of constructing said Improvements and Facilities plus ten percent (10 %) thereof (hereinafter 'Improvements Escrow "). The City Engineer shall determine the amount of the escrow to be collected. In addition to the Improvements Escrow, if Subdivision Erosion Control measures have not been installed, with ground cover established by growth, the City may require, as a condition to the issuance of the first building permit for construction within the Subdivision, that the Subdivider deposit in escrow with the City the sum of $2,000.00 (the "Erosion Clean -up Escrow ") to assure reimbursement for the cost of cleaning public streets, storm sewers, gutters or catch basins, which may be incurred by the City as a result of erosion from any lot in the Subdivision. The Subdivider shall be responsible for the cost of any such clean -up; and to the extent that the Subdivider fails to accomplish erosion clean -up after reasonable notice from the City, the City is hereby authorized but not obligated to do the work and to charge the cost thereof to the Erosion Clean -up Escrow, if adequate, and to charge any excess costs to the Subdivider. If the. Erosion Clean -up Escrow is insufficient to pay the costs incurred by the City, the Subdivider shall promptly reimburse the City for the excess costs incurred. The unused balance of the Erosion Clean -up Escrow shall be returned to the Subdivider after erosion control measures have been installed, and ground cover has been established by growth. After the Erosion Clean -up and Improvements Escrows have been established, the Building Inspector of the City is authorized to issue a building permit, if the applicant is in compliance with all other applicable requirements and ordinances of the City. 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 and Facilities. SECTION 7. USE OF ESCROW MONIES FOR IMPROVEMENTS. If, after the issuance of an occupancy permit, the Improvements and Facilities have not been constructed and installed, the City may use any funds deposited in the Improvements Escrow to construct and install the Improvements and Facilities. If the cost of constructing and installing said Improvements and Facilities exceeds the amount of the 3 \G\ escrow, the City shall have a lien and charge against all the lots in the Subdivision for the balance of the costs. The City shall refund to the Subdivider any Improvements Escrow monies not used by the City for the construction and installation of the Improvements and the Facilities. SECTION 8. WAIVER. If Subdivider sells or conveys lots in said Subdivision without constructing or installing the Improvements or Facilities the City shall have the right to install and construct said Improvements, Facilities or sidewalks. Subdivider acknowledges and agrees that all lots in the Subdivision are specifically benefited by the Improvements and the Facilities so that the cost of the installation shall be a lien against all of the lots in the Subdivision. The cost of the Improvements and the Facilities need not meet the requirements of benefit or value as provided by the law of the State of Iowa for assessing such improvements. It is further provided that this requirement to construct the Improvements and Facilities is and shall remain a lien against the lots in the Subdivision until properly released, as hereinafter provided. SECTION 9. IMPROVEMENTS RELEASE. The City agrees that when the Improvements have been installed as required, to the satisfaction of the City, the City will, upon request, promptly issue to the Subdivider, for recording in the office of the County Recorder of Johnson County, Iowa, good and sufficient release to the lots in said Subdivision so that this Agreement will not constitute a cloud upon the title of the lots in said Subdivision. SECTION 10. STORM WATER CONTROL FACILITIES RELEASE. With respect to the Subdivider's obligation to construct the Storm Water Control Facilities, the City agrees to provide a partial release for the development from any liens or clouds on title to the development by reason of such storm water management obligations, provided the City Engineer certifies that the following conditions and /or events have occurred: A. The Facilities have been substantially completed. B. An escrow amount has been established with the City in an amount not less than $5,000 to which the City's lien should attach immediately upon execution or recording of the partial release. 4 \GN The City agrees to issue a total release for the Facilities upon certification by the City Engineer, in writing, that all of the following events and /or conditions have been substantially completed: A. Permanent ground cover is established and mowable. B. Erosion and sedimentation are controlled in conformance with the approved plans and specifications. C. The facilities are complete. 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. MAINTENANCE OF STORM WATER DETENTION FACILITY. The Subdivider (or the owner of an individual lot if required by separate agreement or easement) shall, after release by the City of the Facilities, thereafter maintain said Storm Water Control Facilities. The City shall have no obligation for maintenance of the Facilities. SECTION 12. MISCELLANEOUS. All electrical, telephone and cable television service and distribution lines shall be installed underground. Neither lot in the Subdivision shall have direct access to Highway 1. Access to Highway 1 for both lots shall be via Hawk Ridge Drive. Lot 1 shall be subject to an access easement in favor of Lot 2 for access to Hawk Ridge Drive, which easement shall be evidenced by a separate easement agreement. Lot 2 shall be subject to a storm sewer and drainage easement in favor of Lot 1 for access to and use of the storm water detention facility, which is located on Lot 2. Such easement shall be evidenced by a separate easement agreement. Lot 1 grants a 5.5' water service easement, as shown on the final plat, to Lot 2, which easement shall be evidenced by a separate easement agreement. Water main extension fees for this Subdivision have been paid with the water main extension fees for the Ruppert Hills subdivision. 5 \A SECTION 13. SUCCESSORS AND ASSIGNS. This Agreement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto and all covenants shall be deemed to apply to and run with the land and with the title to the land. ATTEST: By:._ .�a 1C . h2i arian K. Karr, City Clerk CITY OF IOWA CITY, IOWA By: GZ1 ( o, I Ross Wilburn, Mayor FIRST AMERICAN BANK By: I -CC4 Doug Bass, Oresident \01 STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) On this / �'c6,"day of 4pri l , 2007, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Ross Wilburn 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. ice" u 'Lf�� iUTrLE r221819 STATE OF IOWA ) ) ss. COUNTY OF POLK ) This instrument was acknowlE Bass, as President of First American Notary Public in and for said State 7 in 2007, by Doug of Iowa RAYMOND G:. MEISTER �''� s � Comrnlsston ?\'umber 115450 i4y Commission Expires ow* September 23, 2000 \0\ Prepared by and upon recordation, return to: Kelly D Hamborg 4500 Westown Parkway Ste 277 W Des Moines IA 50265 (515) 242 -2400 SANITARY SEWER EASEMENT AGREEMENT FIRST AMERICAN BANK ADDITION A RESUBDIVISION OF LOT 2, RUPPERT HILLS IOWA CITY, IOWA THIS AGREEMENT, is made and entered into this S ay of €eb ayy, 2007, by and between First American Bank, an Iowa banking corporation ( "Subdivider"), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa, an Iowa municipality (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 the installation, replacement, reconstruction, maintenance, repair, patrol and use of sanitary sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings (the "Sewer(s) "), for the use in connection with said lines, with the right of ingress and egress thereto, over and across the real property legally described as: See Attached Exhibit "A" (the "Easement Area "). 1, Following the construction and installation of the Sewer, Subdivider and its successors and assigns shall not change the grade, elevation or contour of any part of the Easement Area without obtaining the prior written consent of the City. \% Z Subdivider further grants to the City, the right from time to time to trim, cut down and clear away any and all trees and brush on said Easement Area. 3. After the initial construction of the Sewer(s), and acceptance by the City, the City agrees, as part of the repair, reconstruction maintenance and patrolling of the Sewer(s), to restore and replace the Easement Area to substantially the same condition as prior to the time of entry or as agreed upon by the City and the Subdivider, except that the City shall not be required to replace landscaping, trees, shrubs, bushes, landscape elements, or structures. The City shall indemnify Subdivider against loss or damage which may occur due to the negligent exercise of the easement rights by the City. 4. Subdivider reserves the right to use said Easement Area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Subdivider shall not erect or construct any building, fence, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or substantially add to the ground cover over said Easement Area. Fences and /or trees placed in the Easement Area, 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 Easement Area, 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 improvements)_ herein shall be in accordance with City specifications, and the obligation shall remain on Subdivider until completion by Subdivider, and until acceptance by the City, as by law provided. 7. 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. \0\ CITY OF CITY, IOWA By: Ross ilbum, Mayor ATTEST: By:��i,2�c, Marian K. Karr, City Clerk FIRST MERICAN BANK By: V/ p \�} Doug Bass, Pi sident STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) On this / W' day of I . 2007. before me. the undersianed, a Notary Public in and for said County and State, personally appeared Ross Wilburn 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. Un. sS!Cn N unberE8 siog Expires Notary ry P ublic in and for said State STATE OF IOWA ) ss. COUNTY OF POLK ) This instrument was acknowledged befo ern on 2007, by Doug Bass, as President of First American Ban `SF RAYM=23,2009 Comrnis0 My cow Sep No� lic i an - f r the Sta -of Iowa \C'\ EXHIBIT "A" LEGAL DESCRIPTION A PORTION OF LOT 2, RUPPERT HILLS, IOWA CITY, IOWA, AS RECORDED IN BOOK 46 AT PAGE 47 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 2, RUPPERT HILLS, IOWA CITY, IOWA, AS RECORDED IN BOOK 46 AT PAGE 47 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER, JOHNSON COUNTY, IOWA; THENCE N00 °37' 19 "E ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 61.81 FEET; THENCE N84 °14'13 "E, 26.24 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N84 °14' 13 "E, 243.80 FEET; THENCE N00 °07'28 "E, 193.45 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 2; THENCE S89 °52'32 "E ALONG SAID NORTH LINE, 20.00 FEET; THENCE S00 °07'28 "W, 183.28 FEET; THENCE N53 °45'30 "E, 14.63 FEET; THENCE S00 °07'28 "W, 18.63 FEET; THENCE S53 °45'30 "W, 23.57 FEET; THENCE S84 °14'13 "W, 255.12 FEET; THENCE N05 °45'47 "W, 15.00 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 7,998 SQUARE FEET AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. NF\ Prepared by and upon recordation, return to: Kelly D Hamborg 4500 Westown Pky. , Ste. 277 W. Des Moines IA 50266 (515) 242 -2400 STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT FIRST AMERICAN BANK ADDITION A RESUBDIVISION OF LOT 2, RUPPERT HILLS IOWA CITY, IOWA THIS AGREEMENT, is made and entered into this eday of Fes, 2007, by and between First American Bank, an Iowa banking corporation ( "Owner "), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa, an Iowa municipality (the "City "), which expression shall include its successors in interest and assigns. IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, the Owner hereby grants and conveys to the City, an easement for the purposes of installing, operating and maintaining stormwater control facilities and storage areas (the "Facilities ") over and across the area designated as "Stormwater Management Easement' located on the following described property, to wit: Lot 2 of First American Bank Addition, a Resubdivision of Lot 2 of Ruppert Hills Subdivision, Iowa City, Johnson County, Iowa; as shown on the attached Exhibit "A" final plat of First American Bank Addition, A Resubdivision of Lot 2, Ruppert Hills, Iowa City, Iowa (the "Easement Area "), The grant of this easement includes the right of ingress and egress to the Easement Area for the purpose of exercising any of the rights granted herein. 1. Following the construction and installation of the Facilities, Owner and its successors and assigns shall not change the grade, elevation or contour of any part of the Easement Area without obtaining the prior written consent of the City. 2. After completion of the Facilities, the Owner and its successors and assigns shall thereafter maintain the Facilities and Easement Area in such condition as to facilitate the proper functioning of said Facilities. Owner and its successors and assigns shall keep the Easement Area free from weeds and debris; shall in no event fill or permit the easement area to be filled in; and Owner and its successors and assigns also agree to maintain its land so as to minimize erosion in and around said Easement Area. The City shall have no obligation for maintenance of the Facilities or the Easement Area. The obligation for maintenance of the Facilities and Easement Area as described herein may be transferred to an owners association. If the Owner or owners association fails to maintain the Facilities or Easement Area in accordance with this Agreement, the City shall have the right, but not the obligation, to perform said maintenance. 3. 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 substantially add to the ground cover over said Easement Area. Fences and /or trees placed in the Easement Area, without City approval, may be removed by the City without compensation or replacement. 4. Owner does hereby covenant with the City that it is lawfully seized and possessed of the Easement Area, and Owner has a good and lawful right to convey it, or any part thereof. 5. 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. 6. 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. It is the express intent of this Agreement that the maintenance obligations for the Facilities as described herein, shall be the sole obligation of the owner of Lot 2 of First American Bank Addition. Provided, however, the cost of such maintenance may be allocated between the owners of Lots 1 and 2 per separate agreement. 7. The City shall indemnify the Owner against any loss and damage which shall be caused by the negligent exercise of any of said ingress or egress, construction, use or maintenance by the City or its agents or employees in the course of their employment. 2 \P\ ATTEST: CITY OF. IOWA CITY, IOWA By: zL j'-L—� Ross Wilburn, Mayor FIRST AMERICAN BANK By: 0 �z� Rc"o Doug Bass, Pre6ident 3 STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) On this /Vk day of AQ-ri / , 2007, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Ross Wilburn 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. KcLUE K I OULE ccmm!r, !on Plumber 2218 My commis §ion Expires STATE OF IOWA ) ss. COUNTY OF POLK This instrument was acknowledged Bass, as President of First American Bank. ry Public in and for said State 2007, by Doug and WM0 . MEISTER ber 115450n Expires 3, 2009 \V\ FINAL PLAT FIRST AMERICAN BANK ADDITIOP A RESUBDIVISION OF LOT 2 OF RUPPERT HILLS ID{YA CITY, IOWA OTIlFAhVtiwR 0}I.EKS A310V1T - -- - - - -� _ I LEGEND AND NOTES - / I � 6,'mc rf amux s uss nxr i rror n mw3 rm EXHIBIT "A" i I I, 1 II 1_ 4ww.wr —MYZ�. 3 b3 /J . ig CIM ENGIREM LAND PLANNERS LAND SURVEYOFS LUIDKOE ARCM c Ed1nmrII! SP4C "m wu+o °n, on'�ivu amx� :n� FINAL F'LA I FFSTRMNSWADW ARESUB MSIONOF c LOTMKIPPFRTHUS a MACm *WA Nsw CAiHm wucoNSUrairs, e3c.g ..tla +"pwa wxbrc i 7539001 w a )�N Prepared by and return to: Kelly D. Hamborg, 4500 Westown Parkway, Suite 277, West Des Moines, Iowa 50266 (515) 242 -2447 STORM SEWER AND DRAINAGE EASEMENT KNOW ALL PERSONS BY THESE PRESENTS: WHEEAS, First American Bank ('First American ") is the owner of the following described real estate, to wit: Lots 1 and 2 in First American Bank Addition, an Official Plat, now included in and forming a part of the City of Iowa City, Johnson County, Iowa; (hereinafter, the "Subdivision "); and, WHEREAS, First American desires to create a storm sewer and drainage easement for water drainage from designated points on Lot I on to designated points on Lot 2 and leading into a storm water management facility on Lot 2; and WHEREAS, First American has constructed or will construct an underground storm water management facility at the southerly portion of Lot 2, which will accommodate surface water flow, storm sewer flow, and detention from both Lots 1 and 2 in the Subdivision; and WHEREAS, First American desires to set forth the respective rights and obligations with respect to the easement created herein. NOW THEREFORE, in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, First American does hereby sell, grant, and convey in favor of Lot 1, a perpetual, nonexclusive easement for underground storm sewers over, through, and across Lot 2, in the following described area: See Attached Exhibit "A" (hereinafter called the "Easement Area ") for the purposes of surface water and storm sewer flowage in a manner that will permit the flow of storm water from Lot 1 into the storm water management facility on Lot 2. This Easement shall be subject to the following terms and conditions: 1. Storm water Management Facility. The owner of Lot 2 has constructed or will construct, at its sole cost and expense, a storm water management facility at the southerly portion of Lot 2 at the location specified in the final plat of First American Bank Addition (the "Facility "). The Facility has been designed to accommodate surface water flow and storm sewer flow for both Lots 1 and 2 in the Subdivision, and will be constructed by the owner of Lot 2 with the sanitary sewer improvements for the subdivision, or as otherwise required by the City of Iowa City under separate written agreement. 2. Approval of Development and Drainage Plans. Prior to commencing development on Lot 1, the owner of Lot 1 shall provide the owner of Lot 2 with its proposed development and drainage plans, prepared by a licensed professional engineer. Such plan shall contain development grades, elevations and storm water runoff calculations which demonstrate that i) the projected runoff from Lot I into the Easement Area will not, overburden the capacity of the Facility; ii) the proposed development will not result in grades and elevations which significantly increase the runoff from Lot 1 on to Lot 2; and iii) the project will not otherwise adversely impact the structures, improvements, parking area and driveways on Lot 2. Such plan shall be subject to the prior written approval of the owner of Lot 2, which approval shall not be unreasonably withheld. Subsequent to the approval of such development and drainage plans, the owner of Lot 1 shall not change the grade, elevation, contour or parking areas or drives on Lot 1 without the prior consent from the owner of Lot 2, which consent shall not be unreasonably withheld. 3. Development of Lot 2. The owner of Lot 2 may freely and without restriction construct structures and other improvements on Lot 2 in such areas outside of the Easement Area, and shall have the right to use the Easement Area in any manner allowed by law that does not unreasonably interfere with the easement rights granted herein, including but not limited to the construction of parking areas, driveways and other ingress /egress facilities in the Easement Area consistent with the development of Lot 2. 4. Maintenance of Easement Area and Facility. The owner of Lot 2 shall keep and preserve the Easement Area and the Facility in good repair and condition at all times, and shall remove all debris or objects which might obstruct or impede the flow of water through the Easement Area. Provided, however, the cost of all such maintenance, repair and inspection activities shall be shared by the owners of Lots 1 and 2 based upon the relative square footage of each owner's paved areas on their respective lots. Such costs shall include, but shall not be limited to, removal of sediment or debris from the interior of the Facility, removal of sediment or soil from the inflow and outflow structures and pipes, as well as periodic inspections and repairs. The owner of Lot 1 shall reimburse the owner of Lot 2 within thirty (30) days after presenting a statement outlining the expenses incurred. 5. Right of Access. In the event the obligations set forth in Section 4 above are not carried out by the owner of Lot 2 following thirty days written notice, the owner of Lot 1 shall have the right of access to the Easement Area for the purpose of maintaining such Easement Area. All such costs maintenance and repair costs incurred by the owner of Lot 1 shall be reimbursed by the owner of Lot 2. 6. Easement Runs With the Land. This Easement shall be deemed to rum with the land and shall be binding on the owners of Lots 1 and 2, and their successors and assigns. 7. Ownership of Land. First American does hereby covenant that it holds the real estate described in this Easement by title in fee simple; that it has good and lawful authority to convey the same. The undersigned hereby relinquishes all rights of dower, homestead and distributive share, if any, in and to the interests conveyed by this Easement. Words and phrases herein including acknowledgement hereof shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. I+IRST AMERICAN BANK Date By: " fqo-4'� Doug Bass, I'v6sident STATE OF IOWA ) ) ss. COUNTY OF POLK ) This instrument was acknowledged before me on*� 2007, by Doug Bass, as President of First American Bank. W � �, JANET K.ZIMMERMAN a % Commission Number 175314 My Commission Expires July 27, 2008 My commission expires: Notary Public in and for said State \G\ EXHIBIT "A" Depiction of Easement Area \11\ �\ B K � � w »�\ ƒqi � ?« 1\1\ Prepared by and return to: Kelly D. Hamborg, 4500 Westoim Parkway, Suite 277, West Des Moines, Iowa 50266 (515) 242 -2447 WATER SERVICE LINE EASEMENT FIRST AMERICAN BANK ADDITION A RESUBDIVISION OF LOT 2, RUPPERT HILLS IOWA CITY, IOWA KNOW ALL PERSONS BY THESE PRESENTS: WHEEAS, First American Bank ( "First American ") is the owner of the following described real estate, to wit: Lots 1 and 2 in First American Bank Addition, an Official Plat, now included in and forming a part of the City of Iowa City, Johnson County, Iowa; and, WHEREAS, First American desires to create an easement for the construction, maintenance and use of a water service line across Lot 1 for the benefit of Lot 2. NOW THEREFORE, in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, First American does hereby sell, grant, transfer and convey in favor of Lot 2, a perpetual nonexclusive easement (the "Basement ") for water service line purposes (which easement is limited to the subsurface area), on, over and across Lot 1, in the area described as "55 Water Service Easement" in the attached Exhibit "A" (the 'Basement Area "), for the purposes of the construction, installation, use and maintenance of an underground water service line and related equipment and facilities within the Easement Area. \A This Easement shall be subject to the following terms and conditions: 1. Construction and Maintenance of Water Service Line. The Easement shall be used solely for the installation, use, maintenance, repair and replacement of underground water service line facilities. The owner of Lot 2 shall, at its sole cost and expense, construct, maintain, repair and replace the water service line facilities in the Easement Area, and the owner of Lot 2 hereby covenants and agrees to keep, maintain, repair and replace the water line facilities in good condition and repair. 2. Erection of Structures Prohibited. The owner of Lot 1 shall not erect any structure, building, fence, retaining wall or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on or within the Easement Area without obtaining the prior written approval of the owner of Lot 2. 3. Access to Easement Area. The owner of Lot 1 hereby grants to the owner of Lot 2 the reasonable nonexclusive right of ingress and egress over Lot 1 for the purpose of exercising the easement rights described in this Agreement. 4. Change of Grade Prohibited. The owner of Lot 1 shall not change the grade, elevation or contour of any part of the Easement Area without obtaining the prior written approval of the owner of Lot 2. 5. Easement Runs With the Land. This Easement shall be deemed to run with the land and shall be binding on the owners of Lots 1 and 2, and their successors and assigns. 6. Ownership of Land. First American does hereby covenant that it holds the real estate described in this Easement by title in fee simple; that it has good and lawful authority to convey the same.. The undersigned hereby relinquishes all rights of dower, homestead and distributive share, if any, in and to the interests conveyed by this Easement. Words and phrases herein including acknowledgement hereof shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. FIRST AMERICAN BANK Date I -ZI-07 By: 4'U'r _ Doug Bass, P esident STATE OF IOWA ) ) ss. COUNTY OF POLK ) This instrument was acknowledged before me on q�i 2007, by Doug Bass, as President of First American Bank. 45�0' MERMAN mber 175314 bnExplres 2008 My commission expires: Notary Public in and for said State EXHIBIT "A" Depiction of Easement Area 1�1 A °a y: l ON J J , 3 l O � U N ) O C ° iv a d V H W_ 2 W saran N� z w w } w z �s o° w° aN N ? F. ZI N: I Q Iw I U > It� tl I I, a i. } J� F yU ZQ �I11 ' {J I1 LL� NN ' N ¢ 3O d N 1 N z Iw/I w w � } z � Ia I '� N •. E� sn rca � I t_•� � as w rcs cuiz NFN t „t, 1 n 0 w (.06•s u) !679Z 3 „61;LC.00N _� a�' .6Z'Zf1 ;0T5 1. 30'00 °E 279:63' s 0 oQ < r N� I _ I I I ,00'04 ' .� w t 0 I °� rc ubi v:Q � mm N N CN M ( o 3 I° pz I N OW (O F. ZI N: I Q Iw I U > It� tl I I, a i. } J� F yU ZQ �I11 ' {J I1 LL� NN ' N ¢ 3O d N 1 N z Iw/I w w � } z � Ia I '� N •. E� sn rca � I t_•� � as w rcs cuiz NFN t „t, 1 n 0 w (.06•s u) !679Z 3 „61;LC.00N _� a�' .6Z'Zf1 ;0T5 Prepared by and return to: Kelly D Hamborg 4500 Westown Parkway Suite 277 West Des Moines Iowa 50266 (515) 242 -2447 DRIVEWAY ACCESS AND FIRE APPARATUS ACCESS EASEMENT AGREEMENT PERTAINING TO FIRST AMERICAN BANK ADDITION A RESUBDIVISION OF LOT 2 RUPPERT HILLS, IOWA CITY, IOWA THIS AGREEMENT, made and entered into by and between First American Bank, an Iowa banking corporation, hereinafter referred to as "Subdivider ", which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "City". IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, the Subdivider hereby grants and conveys to the City, but not the general public, an easement for City service access over the area designated as "30.0' Access Easement ", as shown on Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter the "Easement Area ") through Lot 1 and Lot 2 in First American Bank Addition, Iowa City, Iowa, according to the recorded plat thereof (the "Subdivision "). This Driveway Access Easement is intended to provide access from State Highway Number 1 and Hawk Ridge Drive to said Lots 1 and 2 of the Subdivision for the City, City service vehicles, fire apparatus vehicles, and City employees and agents as a means of ingress, egress and passage over the private drives designated within the Easement Area, for all official acts and City services. Said right of access also includes the right of non - emergency access and posting for the purposes of enforcing fire safety standards under the Uniform Fire Code, as amended. The Subdivider agrees that to allow for the required fire apparatus access, no parking shall be allowed on or within the Easement Area. The Subdivider and its successors reserve the right to use said Easement Area for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Subdivider 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 construct any reservoirs or other obstructions on the Easement Area, with the exception of the installation and construction of the private driveway. Nothing in this Agreement shall be construed to impose a requirement on the City to install the private driveway at issue herein or otherwise maintain the Easement Area. Nor shall the Subdivider or its successors be deemed acting as the City's agent during the installation or maintenance of said driveway. After construction and installation of the initial private driveway improvements, the obligation for ongoing maintenance, repairs and replacement of such 1 improvements may be allocated to and assumed by the owners of Lots 1 and 2 as set forth under a separate agreement. The Subdivider hereby covenants with the City that it is lawfully seized and possessed of the real estate above described, and that it has good and lawful right to convey it or any part thereof. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall be deemed to apply to and run with the land and with the title to the land. SIGNED this 2 -day of c i 12007. FIRST AMERICAN BANK By: Doug Bass, Pr sident CITY OF IOWA CITY, IOWA By: 6�nu Ross Wilburn, Mayor Attest: Atkz „ J Marian K. K r,.City Clerk STATE OF IOWA_ ) SS: POLK COUNTY ) This instrument was acknowledged before me on A i yk'—' , 2007, by Doug Bass, as President of First American Bank. \VAY�7,7� 1.���� \�' �s �8F JANEiK.I1MMERMAN Notary Public in and for the State of Iowa Commission Number 175314 ow MYComm(sstonExpires July 27, 2009 STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this _ day of 2007 before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn 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; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the Ross Wilburn and Marian K. Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation by them voluntarily executed. Notary Public in and for the State of Iowa . EXHIBIT "A" EASEMENT AREA PIAV P2ePlFFP3Y I �- '_�� LEGEND A 4I FINAL PLAT FIRST AMERICAN BANK ADDITION A RESUBDIVISION OF LOT 2 OF RUPPERT HILLS IOWA CITY, IOVIA E M 4 All tT: I II zl I { I I it I I I I I j I I � I J 313.'S l CIVIL MWEM LAND PLANIIM LAND SURTTYM LWU gE AF1101'0.i8 LFi'ARGNIIL an" FINAL PLAT FKPI RG4VPARIDW ARESUBWASIONOF y LOT20FRHMTHIUS MA gson worm Prepared by and upon recordation return to: Kelly D Hamborg 4500 Westown Parkway Ste. 277 W. Des Moines, IA 50266; (515) 242 -2447 CROSS ACCESS AND PARKING EASEMENT KNOW ALL PERSONS BY THESE PRESENTS: wit: WHEREAS, First American Bank is the owner of the following described real estate, to Lots 1 and 2 in First American Bank Addition, an Official Plat, now included in and forming a part of the City of Iowa City, Johnson County, Iowa; and, WHEREAS, the final plat of First American Bank Addition sets forth certain cross access rights and parking easements between Lot 1 and Lot 2 in said subdivision; and WHEREAS, First American desires to set forth the specific terms and conditions for the driveway casement and parking easement across Lot 1 for the benefit of Lot 2; and WHEREAS, by means of this Agreement, First American Bank in furtherance of the provisions of the final plat of First American Bank Addition, hereby sets forth the agreement and understanding with respect to the cross access and parking easements with respect to Lot 1 and Lot 2, as well as the maintenance obligations with respect thereto. NOW THEREFORE, in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, First American Bank does hereby establish the following terms, obligations and rights with respect to the easements granted herein. I. Grant of Vehicular Access Easement and Construction of Driveway Improvements. First American Batik hereby grants and conveys to the owner of Lot 2 a non- exclusive easement for vehicular access, ingress, egress and travel on and across the driveways, drives and frontage roads on Lot 1 in the area depicted in the attached Exhibit "A" as "30.0' \G\ Access Easement ". Such areas are hereafter referred to as the "Driveway Easement Area ". Such driveways, drives and frontage roads within the Driveway Easement Area shall be initially constructed and established at the sole cost and expense of the owner of Lot 2, and may not thereafter be relocated, removed, altered or modified at any time without the written consent of the owner of Lot 1 and Lot 2. The easement created herein shall be nonexclusive and for the use and benefit of the owner of Lot 2, its successors, assigns, and such agents, customers, invitees, licensees, employees, servants, contractors, mortgagees, tenants and tenants' customers, invitees, employees, servants, licensees, contractors and agents as might be designated by such owner from time to time (all of which persons are hereafter called "Permittees "). The owner of Lot I shall do nothing to prohibit or discourage the free and uninterrupted flow of vehicular traffic through the Driveway Easement Area. Notwithstanding any other provision contained herein to the contrary, no easements or rights for vehicular parking are granted under this Section 1. 2. Maintenance of Driveway Easement Area. The driveways, frontage roads and drives within the Driveway Easement Area shall be maintained by the owner of Lot 2 at its sole cost and expense until such time that a building permit is issued for the development of Lot 1. Upon issuance of a building permit for the development of Lot 1 and continuing thereafter, such driveways, frontage roads and drives within the Driveway Easement Area shall be maintained by the owner of Lot 1, subject to reimbursement by the owner of Lot 2 as set forth herein. Maintenance duties shall include, but not be limited to, snow removal, sweeping, sealing, striping, lighting, signage repair, surface repair, overlayment and concrete /asphalt replacement. Upon conunencement of its maintenance obligations, the owner of Lot 1 shall keep and preserve the driveways, frontage roads and drives within the Driveway Easement Area in good condition and repair at all times. The owner of Lot 2 shall reimburse the owner of Lot 1 for 50% of the total maintenance costs for the Driveway Easement Areas on a quarterly basis. All such amounts shall be reimbursed by the owner of Lot 2 within sixty (60) days of receipt of each periodic invoice from the owner of Lot 1. Any amount, which is not paid within sixty days after invoice, shall accrue interest at 10% per annum. 3. Parking, Easement. First American Bank hereby grants and conveys to the owner of Lot 2 a non- exclusive easement for parking and vehicular travel on and across the parking areas and drives on Lot 1 in the area depicted in the attached Exhibit `B" as "31.0' Parking Area Easement." Such areas are hereafter referred to as the "Parking Easement Area ". Such parking and driveway areas within the Parking Easement Area shall be constructed and established at the sole cost and expense of the owner of Lot 2, and may not thereafter be relocated, removed, altered or modified at any time without the written consent of the owner of Lot 1 and Lot 2, which consent shall not be unreasonably withheld, conditioned or delayed. The easement created herein shall be nonexclusive and for the use and benefit of the owners of Lot 2, its successors and assigns and its Permittees. The owner of Lot 1 shall do nothing to prohibit or discourage the free and uninterrupted flow of vehicular traffic for parking and access within the Parking Easement Area. Provided, however, the owner of Lot 1 specifically reserves the right, at any time and from time to time, to promulgate such rules and regulations applicable to the parking areas, drives and driveways within the Parking Easement Area as might be reasonably 2 �A imposed to promote the health, safety, welfare and security of such property, the improvements located thereon and the Permittees of such owner. The owner of Lot 1 shall have the right to post appropriate signs advising of these parking restrictions and may enforce these restrictions by towing or other legal means. If unauthorized use is being made of the Parking Easement Area by the owner of Lot 2 or its respective Permittees, such unauthorized use may be restrained or terminated by appropriate proceedings after written notice to the owner of Lot 2 and failure to abate such unauthorized use within a reasonable time. There shall be adequate parking on Lot 2 to serve the business(es) on that lot. The owner of Lot 2 shall not be entitled to include spaces within the Parking Easement Area to meet governmental parking requirements for Lot 2. 4. Maintenance of Parking Easement Area. The parking areas, driveways and drives within the Parking Easement Area shall be maintained by the owner of Lot 2 at its sole cost and expense until such time that a building permit is issued for the development of Lot 1. Upon issuance of a building permit for the development of Lot 1 and continuing thereafter, such parking areas and drives within the Parking Easement Area shall be maintained by the owner of Lot 1, subject to reimbursement by the owner of Lot 2 as set forth herein. Maintenance duties shall include, but not be limited to, snow removal, sweeping, sealing, striping, lighting, signage repair, surface repair, overlayment and concrete /asphalt replacement. Upon commencement of its maintenance obligations, the owner of Lot 1 shall keep and preserve the driveways and parking areas within the Parking Easement Area in good condition and repair at all times. The owner of Lot 2 shall reimburse the owner of Lot 1 for 50% of the total maintenance costs for the Parking Easement Area on quarterly basis. All such amounts shall be reimbursed by the owner of Lot 2 within sixty (60) days of receipt of each periodic invoice from the owner of Lot 1. Any amount which is not paid within sixty days after invoice, shall accrue interest at 10% per amium. 5. Duration. This Agreement and each easement created hereunder shall continue on a perpetual basis. 6. Insurance and Indemnity. Each owner, shall, at its own expense, maintain general public liability insurance against claims for personal injury or death or property damage occasioned by accident, occurring upon, in or about the Driveway Easement Area and Parking Easement Area, as well as all drives and parking areas on its respective lot. Each owner covenants and agrees to indemnify and hold each other harmless against all claims, demands, loss, damage, liabilities and expenses and all suits, actions and judgments (including without limitation costs and reasonable attorneys' fees) arising out of, or in any way related to, either party's failure to maintain the respective easement areas in a safe condition. 7. Legal Effect. Each of the easements and rights created by this Agreement are appurtenant to the lot to which they relate and may not be transferred, assigned or encumbered except as an appurtenance to that lot. For the purpose of each such easement and right, the benefited lot will constitute the dominant estate and the burdened tract will constitute the servient 3 N1\ estate. Each covenant contained in this Agreement: (a) creates mutual equitable servitudes on each lot in favor of each other applicable lot; (b) constitutes a covenant running with the land; (c) binds every owner now having or hereafter acquiring an interest in any lot; and (d) will inure to the benefit of each owner and each owner's successors, assigns and mortgagees. Each owner agrees that on conveyance of all or any part of a lot, the grantee, by accepting such conveyance will thereby become a new party to and be bound by this Agreement. 8. No Dedication. Nothing contained in this Agreement will be deemed to constitute a gift, grant or dedication of any portion of a lot to the general public or for any public purpose whatsoever, it being the intention of the owners that this Agreement will be strictly limited to the private use of the owners and their respective Permittees. This Agreement is intended to benefit the owners and their respective successors, assigns and mortgagees and is not intended to constitute a right in favor of any person which is not an owner hereunder or to give any such person any rights hereunder. 9. Amendment. This Agreement and any provision herein contained may be terminated, extended, modified or amended only with the express written consent of the owners of Lot 1 and Lot 2. No amendment, modification, extension or termination of this Agreement will affect the rights of the holder of any mortgage constituting a lien on any portion of a lot unless such mortgagee consents to the same, nor will any amendment, modification, extension or termination be effective against any mortgagee subsequent to such mortgagee's acquiring title to a lot by foreclosure or deed in lieu of foreclosure, unless the mortgagee has so consented in writing. No tenant, licensee or other person having only a possessory interest in the improvements constructed on a lot will be required to join in the execution of or consent to any action of the owners taken pursuant to this Agreement. 10. Condemnation. In the event the whole, or any part, of a lot is taken for any public or quasi - public use under any governmental law, ordinance or regulation, or by right of eminent domain, or by private purchase in lieu thereof, an owner benefited by an easement created by this Agreement will not share in any award, compensation or other payment made by reason of the taking of a portion of any lot which is subject to such easement, and such award, compensation or other payment will belong entirely to the owner of that portion of the lot which is taken, and such owner will have no further liability to any other owner for the loss of such easements, or portion thereof, located on the lot so taken. Provided, however, the owner of the lot benefited by the easement shall be entitled to pursue its own separate award with respect to such taking 11. Default; Remedies. The owners agree that the provisions of this Agreement will be enforced as follows: 11.1 Iniunetive Relief. In the event of any violation or threatened violation by any owner of any of the provisions of this Agreement, in addition to the right to collect damages, each owner will have the right to enjoin such violation or threatened violation in a court of m u �y ` competent jurisdiction. Prior to the commencement of any such action, written notice of the violation will be given to the owner claimed to have committed such violation. 11.2 Force Majeure. If performance of any action by any owner is prevented or delayed by act of God, war, labor disputes or other cause beyond the reasonable control of such owner, the time for the performance of such action will be extended for the period that such action is delayed or prevented by such cause. 11.3 Notice of Default. An owner will not be in default Linder this Agreement unless the owner has received written notice specifying the nature of such default and has failed to cure or commence appropriate action to cure such default within the times herein provided. 11.4 No Termination. No breach of this Agreement will entitle any owner to cancel, rescind or otherwise terminate this Agreement. The foregoing limitation will not affect, in any manner, any other right or remedy which any owner might have by reason of any breach of this Agreement. 12. Miscellaneous. The owners of Lot 1 and Lot 2 further agree as follows: 12.1 Notices. All notices, statements, demands, approvals and other communications given pursuant to this Agreement will be in writing and will be delivered in person or by certified or registered mail, postage prepaid to the owners at the addresses maintained by the owners on file with the office of the Johnson County Assessor for delivery of ad valorem tax statements relating to a lot until such addresses are changed by notice. 12.2 Attorneys' Fees. If any owner institutes any action or proceeding against another owner relating to the provisions of this Agreement or any default hereunder, the unsuccessful owner in such action or proceeding will reimburse the successfiil owner therein for the reasonable expenses of attorneys' fees and disbursements incurred by the successful owner. 12.3 Waiver of Default. No waiver of any default by any owner will be implied from the failure by any other owner to take any action in respect of such default. No express waiver of any default will affect any default or extend any period of time for performance other than as specified in such express waiver. One or more waivers of any default in the performance of any provision of this Agreement will not be deemed a waiver of any subsequent default in the performance of the same provision or any other provision. The consent to or approval of any act or request by any owner will not be deemed to waive or render unnecessary the consent to or approval of any subsequent similar act or request. The rights and remedies provided by this Agreement are cumulative and no right or remedy will be exclusive of any other, or of any other right or remedy at law or in equity which any owner might otherwise have by virtue of a default under this Agreement and the exercise of any right or remedy by any owner will not impair such owner's standing to exercise any other right or remedy. E 12.4 No Partnership. Nothing contained in this Agreement and no action by the owners will be deemed or construed by the owners or by any third person to create the relationship of principal and agent, or a partnership, or a joint venture, or any association between or among any of the owners. 12.5 Severability. If any provision of this Agreement is, to any extent, declared by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement (or the application of such provision to persons or circumstances other than those in respect of which the determination of invalidity or unenforceability was made) will not be affected thereby and each provision of this Agreement will be valid and enforceable to the fullest extent permitted by law. 12.6 Governing Law. This Agreement will be construed in accordance with the laws of the State of Iowa. 12.7 Captions. The captions of the paragraphs of this Agreement are for convenience only and are not intended to affect the interpretation or construction of the provisions herein contained. 12.8 Time. Time is the essence for each and every term and provision of this Agreement. 12.9 Binding Effect, The provisions of this Agreement will be binding on the owners and their respective successors, assigns and mortgagees to the extent herein provided. 12.10 Extinguishment of Vehicular Access Easement. The vehicular access easement set forth in Section one above shall not be extinguished without the prior written consent of the City of Iowa City. Date lit FIRST AMU, RICAN BANK By G3 Do4Bass, res i ent ri Ne� State of Iowa County of Polk ) ss This instrument was acknowledged before me on April 1 I , 2007, by Doug Bass, as President of First American Bank. cDC-2 Noy Public in and for the State of Iowa My commission expires JON T. OLLENDICK m rnm CoMmber 1m1 ' July 30, 2 7 EXHIBIT "A" Depiction of Driveway Easement Area \C\ FINAL PLAT FIRS`P AMERICAN BANK ADDITION A RESUBDIVISION OF LOT 2 OF RUPPERT HILLS IOIVA CITY, IOIVA I - _� IR LEGEND AND NOTES s< 3 g / _,rogylo. / I I / 6PPl CF auu`f s lrSS wall rmr w Yaw) r EXHIBIT "A" I 1 I I 1 I II 1 - ]'v3RCfiE5 CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS IANDSCAPE A 11FIECS DWINl I)l E 0',Um I-IT --3u nswsYxv rcl wpoiSP� %AH 6 e FINAL PLAT Hf6iRV' fA81h PD)TO A RESUBDMSION OF g LOT IOF RVERTHUS >_ R WA Cm % "NS WUYTY A IOWA VMS C W15ULTAlRS, INC. �11 EXHIBIT "B" Depiction of Parking Easement Area FINAL PLAT FIRST AMERICAN BANK ADDITION', A RESUBDIVISION OF LOT 2 OF RUPPERT HILLS IOWA CITY, IOWA V'lx 9i Ol'�F.YS Aif4A�Y] W3 NASVtiIA'IS Lx'C. R9 AINFIC V B!AY fiLLY N <lfB9RG 1911 :JNN 4VbER SL 123T3 Ml1'FPRY AYC .!N FFSNYV PAfMAT 19Td CIIT, NAA :32.0 46 VJPFa. NI150.i25 SVItE 2ii Pk1:ET:T FF1.l 5 RSl OES Y].i. ➢. IJAA 592Es t LEGEND AND NOTES �� I I I 6.>�.60.�Y.z N1I55 i +AVI fOiiNN,IXJ l2t EXHIBIT "B" EI 1 J 3 i1 P S CIVIL ENGINEERS LAND PLA NERS L 4ND SURVEYORS LWUSCAPE AECIVG 1 FA }LAA' m PKI41S1S we �.rv, nnin`si FINAL PLAT ommE'J:coTqN A RESUMMSION OF LOT 2OF ROPPERTHLIS MA CRY R JOHNSON COUtRY e IOWA C WS CONSULTAMS, M. P °a` IWtI13Lb' °. mg.ay Y4 u OIL ! IIIIIIIIIIIIIIIIIIIIIII�III�I�IIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIII IDOL ID: 020129640050 Tvoe. GUN Fee Amt: $267.002PageaI of 50 39 AN (Johnson Countv Iowa Kim Painter Countv Recorder BK4150 PG359 -408 V) A vn V s® �F � o � a of � ll 4 tj2 -t 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.07 -4248 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 23`d day of January, 2007, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 23'd day of April, 2007. Maria . Karr City Clerk \ord N Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ05- 00025) ORDINANCE NO. 07 -4248 ORDINANCE AMENDING THE PLANNED DEVELOPMENT OVERLAY PLAN FOR THE PENINSULA NEIGHBORHOOD. WHEREAS, by Ordinance No. 01 -3958 the City adopted a Conditional Zoning Agreement and Preliminary Planned Development Overlay Plan for the Peninsula Neighborhood; and WHEREAS, the Planned Development Overlay Plan included the Peninsula Neighborhood Code which specifies building placement requirements for the Peninsula Neighborhood; and WHEREAS, The developer has requested amendments to the Planned Development Overlay Plan for the Peninsula Neighborhood to eliminate McCleary Lane and the adjacent 12 lots and replace them with 3 single family lots and 5- townhouse /rowhouse style dwellings, transfer lots 99 -115 from Phase 5 to Phase 2a, revise building placement standards for Bungalows, add Bungalow locations to the OPD plan, adopt building placement standards for Multiple -Unit Buildings for outlets O and U, designate lot 68 for the location of 4 -live work units, remove the shared driveway from lots 54 and 55, remove lot 7a and add the property to the adjacent lots and move the Required Street Building Line (setback) for lots 99 -109 from 7 feet to 12 feet. WHEREAS, the Planning and Zoning Commission has reviewed the revised Peninsula Neighborhood Code and Planned Development Overlay Plan and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The revised Planned Development Overlay Plan is hereby adopted for the property described below: That part of Auditor's Parcel No. 95080 and all of Auditor's Parcel No. 97099, Iowa City, Johnson County, Iowa described as follows: Commencing as a point of reference at the South quarter- corner of Section 4, Township 79 North, Range 6 West of the 5th P.M.; thence North 1 °39'04" West 1317.54 feet along the East line of the Southwest Quarter of said Section 4 (assumed bearing for this description only); thence South 89 °43'51" West 563.04 feet along the South line of Government Lot 5 of said Section 4, to a Northeasterly corner of said Auditor's Parcel No. 97099 and the point of beginning; thence South 0 °16'09" East 159.36 feet along an Easterly line of said Auditor's Parcel No. 97099; thence South 45 °57'40" West 191.63 feet along a Southeasterly_ line of said Auditor's Parcel No. 97099; thence South 85 °52'55" West 170.28 feet along a Southeasterly line of said Auditor's Parcel No. 97099; thence South 42 017'10" West 607.44 feet along a Southeasterly line of said Auditor's Parcel No. 97099; thence South 81 °42'52" West 978.15 feet along a Southeasterly line of said Auditor's Parcel No. 97099; thence North 49 044'00" West 704.00 feet; thence North 15 034'30" West 615.50 feet; thence North 1 °14'00" West 372.58 feel; Thence North 8 °12'00" East 329.35 feet to a point of intersection with the Easterly bank of the Iowa River and a Westerly line of said Auditor's Parcel No. 95080; thence North 57 004'00" East 772.76 along a Northwesterly line of said Auditor's Parcel No. 95080; thence South 65 °32'14" East 972.25 feet along a Northeasterly line of said Auditor's Parcel No. 95080; thence North 76 018'18" East 468.47 feet along a Northerly line of said Auditor's Parcel No. 95080; thence South 1 039'04" East 981.65 feet along_ an Easterly line of said Auditor's Parcel No. 95080 and an Easterly line of said Auditor's Parcel No. 97099; thence North 89 °43'51" East 330.00 feet along a Northerly line of said Auditor's Parcel No. 97099 to the point of beginning and containing an area of 82.1 acres more or less. SECTION II. ADOPTION OF REVISED DEVELOPMENT CODE. The revised Peninsula Neighborhood code is hereby adopted as a component of the Planned Development Overlay (OPD) Plan by this reference, and the terms and requirements therefore are given full force and effect as if fully set forth herein. SECTION III, CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance, a copy of the Preliminary OPD Plan, and a copy of the Peninsula, Development Code, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. r N Ordinance No. 07 -4248 Page 2 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. P ad and approved this 23rd day of January 2007 Li SL�— MAYOR 1, ATTEST: CITY CLERK Approved by I7a�7 �bCP SEAL City Attorneys Office ppdadWO cVpenmsu1a2.doc Ordinance No. 07-4248 Page 3 It was moved by Bailey and seconded by Correia that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey y Champion Y Correia _x Elliott x O'Donnell x— Vanderhoef x Wilburn First Consideration 1/9/2007 Voteforpassage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef Wilburn, Bailey. NAYS: None. ABSENT: None. Second Consideration --------------- -- Vote for passage: Date published _ 1/11/2007 Moved by Bailey, seconded by Vanderhoef, that the rule requiring ordinances tob @onsidered 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: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia. NAYS: None. ABSENT: None. N PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD N ` nt3 PENINSULA NEIGHBORHOOD COMPONENTS OF THE PENINSULA NEIGHBORHOOD CODE The Peninsula Neighborhood is a new neighborhood in Iowa City designed to foster public life through its squares, tree - lined streets, and front- porched houses while providing for a comfortable private life through the use of careful standards that ensure a high level of privacy. The development of the Peninsula Neighborhood is governed by the Peninsula Neighborhood Code, which is designed to achieve those goals in concert with builders working with the techniques and scale of 21st century development. The Peninsula Neighborhood Code (or "Code ") is enforced by The City of Iowa City (or "The City"). The guiding documents and maps that comprise the Code are as follows: • Principles and Regulations (including Definitions and Building Placement Standards) • The Neighborhood Regulating Plan • The Sensitive Areas Development Plan and OPDH Plan (or "SADP /OPDH ") for The Peninsula Neighborhood In order to issue building permits for development within The Peninsula Neighborhood, The City interprets and enforces the SADP /OPDH, the Regulating Plan, and the Principles and Regulations. In carefully chosen instances, the Principles and Regulations allow for specific deviations from Iowa City's Zoning Ordinance. Development within The Peninsula Neighborhood is also subject to standards set out in The Peninsula Neighborhood Covenants and Deed Restrictions, which are themselves privately administered and enforced by the Developer and his assigns, including The Peninsula Neighborhood Architectural Review Board (or "PNARB "). The Peninsula Neighborhood Covenants and Deed Restrictions include: • Architectural Standards • Landscaping Standards • Architectural Review Procedures Before a building permit can be issued for any structure in The Peninsula Neighborhood, The City must have written confirmation from PNARB that the submitted plans meet the standards of The Peninsula Neighborhood Covenants and Deed Restrictions. A. DEFINITIONS Special definitions are additions or substitutions to the current list of definitions in the City of Iowa City Zoning Ordinance. Certain terms in the Code are used in very specific ways, often excluding some of the meanings of common usage. Wherever a word is in SMALL CAPITAL, format, consult the definitions for the specific meaning. B. THE NEIGHBORHOOD REGULATING PLAN The REGULATNG PLAN is the "master plan" for the neighborhood that provides specific information for the disposition of each property or lot. The Plan also shows how each lot relates to the public spaces (STREETS, GREENS, parks, etc.), the overall neighborhood and the surrounding environment. The Neighborhood and the STREET are the "extra value" that makes the Peninsula Neighborhood an extraordinary place to live. For lots in special locations, there may be additional design guidelines identified on the REGULAUNG PLAN of each phase of construction. PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD N THE PENINSULA NEIGHBORHOOD C. THE BUILDING PLACEMENT STANDARDS The Peninsula Neighborhood BUILDING PLACEMENT STANDARDS establish the basic parameters governing building form, including the envelope for building placement (in three dimensions) and certain required /permitted building elements, such as porches, balconies, and fences. The Building Placement Standards establish both the boundaries within which things may be done -- and specific things that must be done. The goal of the Peninsula Neighborhood BUILDING PLACEMENT STANDARDS is to shape good public space and healthy outdoor private space (yards and gardens). They aim for the minimum level of control necessary to meet that goal. Variances to the Peninsula Neighborhood BUILDING PLACEMENT STANDARDS can be granted only where the unique physical circumstance of a lot makes compliance impossible. The specific variance must also meet the conditions of the City of Iowa City Board of Adjustment. THE PENINSULA NEIGHBORHOOD COVENANTS AND DEED RESTRICTIONS The development of the Peninsula Neighborhood is also governed by private covenants and deed restrictions, as mentioned above. Although not part of the City's purview, the intent of these Standards and Procedures is described here so that the City understands how they will function in relation to the other Standards of the Code: A. Ti-iE ARCHITECTURAL STANDARDS The goal of the Peninsula Neighborhood Architectural Standards is a coherent and pleasing architectural character that is appropriate to the Iowa City tradition. The Architectural Standards govern a building's architectural elements regardless of location and set the parameters for allowable materials, configurations, and construction techniques. Equivalent or better products than those specified are always encouraged. B. THE LANDSCAPE STANDARDS The purpose of the Landscape Standards is to ensure coherent neighborhood streets and to assist property owners with understanding the relationship between the street and their own front yards. These Standards set the parameters for planting and maintenance of trees on or near each lot. C. THE ARCHITECTURAL REVIEW PROCEDURE The Peninsula Neighborhood Architectural Review Board (the BOARD, or "PNARB ") is established to administer an ARCHITECTURAL REVIEW PROCEDURE to execute this authority and to protect the value of lots and houses in the Peninsula Neighborhood. It is the responsibility of the BOARD to review architectural and landscape plans for compliance with The Peninsula Neighborhood Covenants & Deed Restrictions and to provide design guidance when necessary. The BOARD shall be solely responsible for interpreting and enforcing The Peninsula Neighborhood Covenants & Deed Restrictions regarding architectural and landscape standards, as well as any other standards not otherwise addressed and regulated by the City of Iowa City. PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD N TRu PENINSULA NEIGHBORHOOD THE PENINSULA NEIGHBORHOOD DEFINITIONS PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD T"s. PENINSULA NEIGHBORHOOD The following definitions are additions or substitutions to the current list of definitions in the City of Iowa City Zoning Ordinance for use with this Code. Certain terms in the Code are used in very specific ways, often excluding some of the meanings of common usage. Wherever a word is printed in SMALL CAPITAL LETTERS, it is being used as defined herein. ACCESSORY UNIT A dwelling unit on a single- family lot incidental to the primary residence and no greater than 650 square feet in size. (Note: This definition differs from the Definition of "Accessomy Apartments " in Chapter 6, Article B Zoning Definitions of the City Zoning Ordinance). ALLEY The open public Right of Way at the rear of lots that provides access to vehicle parking spaces (e.g., garages), utility meters and garbage bins. The ALLEY Right of Way is generally 25 feet. (Note: This definition differs from the Definition of "Alley" in Chapter 6, Article B Zoning Definitions of the City Zoning Ordinance. See also COMMON DRIVE. BACK YARD All unbuilt portions of the lot excluding the FRONT YARD. (Note: This definition differs from the Definition of "Rear Yard" in Chapter 6, Article B Zoning Definitions of the City Zoning Ordinance). BAY WINDOW A generally U shaped enclosure, extending the interior space of the building outward of the exterior BUILDING WALL. Projection not greater than 30 inches beyond the RSBL; walls and windows shall be between 90 degrees (perpendicular) and 0 degrees (parallel) relative to the primary wall they spring from. Within any Code - required FRONT PORCH, BAY WINDOWS shall not occupy more than 5 feet of the width of nor project more than 30 inches into the FRONT PORCH. Note that these limitations apply only to projections beyond the RSBL and to structures within Code- required FRONT PORCHES (and not to porches outside of or in excess of the Code FRONT PORCH requirements). BUILDABLE AREA The area of the lot within which buildings will sit. The BUILDABLE AREA sets the limits of the building footprint now and in the future -- additions must be within the BUILDABLE AREA. This provides for future growth in a manner consistent with the Peninsula Neighborhood's Quality of Life goals. The BUILDABLE AREA is illustrated in and set by the BUILDING PLACEMENT STANDARDS. (Note: This definition differs fi•on: the Definition of "Buildable Area" in Chapter 6, Article B Zoning Definitions of the City Zoning Ordinance). BUILDING PLACEMENT STANDARDS The BUILDING PLACEMENT STANDARDS (BPS) establish the basic parameters governing building construction. This includes the envelope for building placement (in 3 dimensions) and certain required /permitted building elements, such as porches, balconies and fences. CIVIC GREEN, SQUARE PUBLIC SPACES located within the neighborhood, as designated on the REGULATING PLAN. The CIVIC GREEN is a primarily unpaved, formally configured, small public lawn or park. The SQUARE may be paved, appropriate to a more highly trafficked area. Both shall have not less than 60% of their tract perimeter fronting Rights of Ways and shall be surrounded by canopy STREET TREES. Their tract dimensions shall be no thilmer than a 1:4 ratio, with PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD �O THE PENINSULA NEIGHBoRitooD a minimum tract dimension of 25 feet. Situated at prominent locations within the neighborhood and often dedicated to important events or citizens, CIVIC GREENS and SQUARES may contain play equipment but shall not include ball fields and courts. COMMON DRIVE A shared access easement (for two or more lots) typically found on EDGE LOTS. COMMON DRIVES may also be placed to encompass adjacent utility easements. COMMON DRIVES shall be as configured on the REGULA'T'ING PLAN. See also ALLEY. COMMON LOT LINES Lot lines shared by private lots, generally side lot lines. CONSERVATION LINE A line established to guarantee the preservation of the Peninsula's natural areas and slopes and to preserve the views from EDGE LOT houses. Land beyond the CONSERVATION LINE shall not be built upon, paved, driven on, re- graded or otherwise disturbed. CORNER LOT A lot in which one side lot line is adjacent to a STREET. More a PRIVACY BUILDING LINE (PBL) is located on the side adjacent to the STREET, the PRIVACY SIDE restrictions on windows do not apply. Special building placement, fencing, and landscape requirements may also apply. DORMERS Dormers are small roofed ancillary structures with windows providing light and air to occupiable space within the roof. Dormers are permitted and do not constitute a STOREY so long as they do not break the primary eaves line, and are individually less than 15 feet wide and are collectively not more than 50% of their respective fagade. SAVE, MAIN EAVES, OR SAVE HEIGHT Used for measuring permitted building heights, the MAIN EAVES are the eaves of the primary roof of the building. EDGE LOT A lot located on the perimeter of the neighborhood whose rear lot line faces and /or is within the Peninsula conservation area. FRONTPORCH The ground floor platform attached to the front Or STREET or REQUIRED STREET BUILDING LINE (RSBL) side of the main building. (A FRONT PORCH may have a single ground floor platform or two platforms stacked at the ground and second storey levels.) Required FRONT PORCHES, as defined in the BUILDING PLACEMENT STANDARDS, must be roofed and enclosed by posts that extend up to the roof and shall not be otherwise enclosed except with balustrades (railings) and insect screening. PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD G THE PENINSULA NEIGHBORHOOD FRONT YARD The area of the lot from the STREET FRONTAGE to the enclosed portion of the building wall. This area is contiguous with the STREET, and includes the FRONT PORCH. (Note: This definition differs from the Definition in Chapter 6, Article B Zoning Definitions of the City Zoning Ordinance). FRONT YARD FENCE The wood (picket) or wrought iron fence or masonry wall, between 30 and 40 inches in height, located within the FRONT YARD (generally 1 foot behind & parallel to the property line of private lots and also along COMMON LOT LINES to a point at least 10 feet back from the REQUIRED STREET BUILDING LINE (RSBL). (Note that these specifications differ for Bungalow Sites) GARDEN WALL This may take the basic form Of a FRONT YARD or a PRIVACY FENCE depending on its height and placement A garden wall shall allow no view through its surface. OPEN SIDE Where applicable, the side of the house and lot opposite the PRIVACY SIDE and PRIVACY BUILDING LINE (PBL). There are no window restrictions on the OPEN SIDE, and a minimum setback is used, rather than a REQUIRED BUILDING LINE, The OPEN SIDE of the house has no privacy restrictions because the windows on the adjacent side of the neighboring house are restricted by PRIVACY -SIDE MANNERS (See PBL below). PEDESTRIAN PATHWAY PEDESTRIAN PATHWAYS are interconnecting paved walkways that provide pedestrian and bicycle passage through blocks running from STREET to STREET, ALLEYS or interior block parking areas. The easement width for these pathways shall be between 10 and 25 feet and the paved walkway between 6 and 12 feet, except where specifically noted on the REGULATING PLAN, and shall provide an unobstructed view through their length. PENINSULA NEIGHBORHOOD ARCHITECTURAL REVIEW BOARD (BOARD or PNARB) The PENINSULA NEIGHBORHOOD ARCHITECTURAL REVIEW BOARD (BOARD or PNARB) is a group Of individuals created by The Peninsula Neighborhood Covenants & Deed Restrictions. The PNARB is established to administer and enforce the architectural and landscape standards for new construction and future building modifications, as well as certain portions of the BUILDING PLACEMENT STANDARDS within the Code not otherwise enforced by the City of Iowa City. PRIVACY BUILDING LINE (PBL) The PBL is the required side building line for lots where designated on the REGULATING PLAN. The building must be built -to at least one point on the PBL, generally four feet (4') from one side lot line. Windows are restricted on this side of the building. The PBL is set consistently along a given STREET, allowing houses to open to the other, OPEN SIDE yard. See also PRIVACY -SIDE MANNER. PRIVACY FENCE Fences and hedges along COMMON DRIVES, ALLEYS and COMMON LOT LINES, may be as high as eight (8) feet above the adjacent ground provided that they are at least 10 feet behind the REQUIRED STREET BUILDING LINE (RSBL). Within 10 feet of the RSBL only a FRONT YARD FENCE is permitted (see the BPS Siting Specifications PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD •a° THE PENINSULA NEIGHBORHOOD for limited exceptions to this rule for CORNER LOTS). Wire fences shall have a hardy species of hedge or climbing vine planted along them (Consult the TOWN ARCHITECT). PRIVACY SIDE MANNERS The Peninsula Neighborhood Covenants & Deed Restrictions have codified Charleston, South Carolina's urban tradition of "North -Side Manners" into PRIVACY -SIDE MANNERS to provide a high level of privacy and a more comfortable relation between adjacent houses on medium and small lots. See also PRIVACY BUILDING LINE and refer to The Peninsula Neighborhood Covenants & Deed Restrictions for specific information. PUBLIC SPACE Property (STREETS, ALLEYS, CIVIC GREENS, SQUARES and parks) within the public domain and physically within the neighborhood within which citizens may exercise their rights. REGULATING PLAN The REGULATING PLAN is the "master plan" for the neighborhood that provides specific information for the disposition of each lot. The REGULATING PLAN specifies the BUILDING PLACEMENT STANDARD for each lot and shows how each building contributes to the larger neighborhood, as well as the arrangement of PUBLIC SPACE in relation to private space. There may be additional requirements for specific lots noted on the REGULATING PLAN. REQUIRED STREET BUILDING LINE (RSBL) The RSBL is the required building line (a requirement, not a permissive minimum as in a set - back), generally seven (7) feet from the STREET FRONTAGE unless otherwise designated on the REGULATING PLAN. The building (generally the FRONT PORCH) must be built -to (coincident with) the RSBL. The RSBL for each lot is shown or the REGULATING PLAN, REQUIRED STREET BUILDING LINE 2 (RSBL2) A required build -to line for certain EDGE LOTS. Where a RSBL2 is shown on the REGULATING PLAN, the FRONT PORCH is optional. Buildings with no FRONT PORCH shall be built-to the RSBL2 for at least 40% of the RSBL2 width. SIDEWING The portion of a building extending along a side lot line toward the ALLEY or COMMON DRIVE or garage. This optional portion may be built initially or as a later addition. The SIDEWING sits within the BUILDABLE AREA of the lot as Shown in the BUILDING PLACEMENT STANDARDS. STOOP An entry platform on the RSBL side of a. building. STOOPS, where required by the BUILDING PLACEMENT STANDARDS, may be roofed but they may not be enclosed. STREET, STREET FRONTAGE, AND SIDE STREET 1. STREET includes all PUBLIC SPACE (STREETS, SQUARES, GREENS, parks) --but not COMMON DRIVES or ALLEYS. 2. STREET FRONTAGE refers to the lot line Coincident with the STREET. 3. The SIDE STREET is the STREET of the longer lot line, generally with the lesser Right of Way along it. STREET TREE REE PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 0 THE PENINSULA NEIGHBORHOOD A deciduous canopy tree as listed in the STREET TREE list that accompanies the REGULATING PLAN. STREET TREES are of a hardy species, large enough to form a street canopy with sufficient clear trunk to allow traffic to pass under unimpeded. STREET TREE ALIGNMENT LINE A generally straight line that STREET TREES are to be planted along. This alignment is parallel with the STREET and is set four (4) feet back from the curb, unless otherwise specified in the REGULATING PLAN. STREETSCAPE This term refers to the various components that make up the STREET, both in the Right of Way and on private lot firontages. It includes pavement, parking spaces, planting areas, STREET TREES, streetlights, sidewalks, FRONT YARD FENCES, FRONT YARDS, FRONT PORCIiES, etc. TOWN ARCHITECT The TOWN ARCHITECT is an Urban Designer, familiar with New Urbanist principles and with the Peninsula Neighborhood development, who will work with builders and property owners to show how the Peninsula Neighborhood Code can satisfy their building needs in a cost efficient manner. The role of the TOWN ARCHITECT has been established to administer an ARCHITECTURAL REVIEW procedure for the development of properties within the Peninsula Neighborhood. It is the responsibility of the TOWN ARCHITECT to review architectural and landscape plans for compliance with The Peninsula Neighborhood Covenants & Deed Restrictions and to provide design guidance when necessary. The TOWN ARCHITECT shall be responsible for interpreting and enforcing The Peninsula Neighborhood Covenants and Deed Restrictions regarding architectural and landscape standards, as well as any other standards not otherwise addressed and regulated by the City. The TOWN ARCHITECT will make recommendations to the City prior to and including consideration of Final Development Plans or modifications of Final Development Plans prior to issuance of building permit. The TOWN ARCHITECT will work on design solutions to meet handicapped access needs within the Peninsula Neighborhood Code prescriptions and, where necessary, will recommend appropriate minor variations to be approved by city to accommodate accessibility. "WHERE CLEARLY VISIBLE FROM THE STREET" Many requirements of this Code apply only where the subject is "clearly visible from the STREET." Note that the definition of STREET includes parks, CIVIC GREENS, SQUARES, and all public areas except ALLEYS or COMMON DRFvEs. A building element more than 30 feet from the RSBL (for example, items along a COMMON LOT LINE 31 feet away from a RSBL) is by definition NOT Clearly Visible fi•onr the sraser. The intent is to restrict control to the public realm where it has significance and limit public interference in the private realm. PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD a THE PENINSULA NEIGIIRORHO0D THE PENINSULA NEIGHBORHOOD REGULATING PLAN PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD io 0 THE PENINSULA NEIGHBORHOOD UNDERSTANDING THE REGULATING PLAN As the principal tool for implementing the Peninsula Neighborhood Master Plan, the REGULATING PLAN identifies the basic physical characteristics of each lot and the type of building assigned to it. It also identifies the type and placement of STREET TREES on each STREET, as well as identified parking spaces. A Preliminary REGULATING PLAN is submitted as part of the Preliminary Plat. The Landscape Plan is part of the REGULATING PLAN as it defines STREET TREE placement. The illustration below explains the elements of the REGULATING PLAN and will be useful as a reference when examining the plan. A final REGULATING PLAN will be submitted with the final plat application for each development phase of the Peninsula Neighborhood. The exact placement of lot lines, trees and parking spaces in the final plan may differ by a few degrees or feet, but the basic configuration of the plan will not change. Handicapped Access: The TOWN ARCHITECT Will work on design solutions to meet handicapped access needs within the Peninsula Neighborhood Code prescriptions and, where necessary, will recommend appropriate minor variations to be approved by the City to accommodate accessibility needs. These variations may take the form of mechanical lifts, conventional ramps, and other techniques as appropriate to the circumstance and available technology. With the approval of the TOWN ARCHITECT such ramps and devices may project past the RSBL and OPEN SIDE setbacks. PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD n ,9,0 UNDERSTANDING THE REGUI.,ATING PLAN REQUIRED STREET BUILDING LINE (RSBL) (7ft from the RSBL unless otherwise noted) / THIS IS YOUR LOT NUMBER } 40 (Lot 40) '.� sa -RI umi> 55 en ry THIS IS YOUR BUILDING TYPE � ' E = Estate Site l _ PH = Peninsula House Site f 56-SAH CT = Cottoge Site by ni") CF = Cottoge Flats Site B = Bun olow Site -� LW = Live /Work Mixed Use Site RH = Rowhouse Site a� SAN = Small Apartment House Site THESE ARE YOUR PROPERTY LINES STREET TREES (Planted by the Developer) `7 STREET LIGHTS , 59( :n t`v� °B-""i '" ON STREET PARKING A final REGULATING PLAN will be submitted with the final plat application for each development phase of the Peninsula Neighborhood. The exact placement of lot lines, trees and parking spaces in the final plan may differ by a few degrees or feet, but the basic configuration of the plan will not change. Handicapped Access: The TOWN ARCHITECT Will work on design solutions to meet handicapped access needs within the Peninsula Neighborhood Code prescriptions and, where necessary, will recommend appropriate minor variations to be approved by the City to accommodate accessibility needs. These variations may take the form of mechanical lifts, conventional ramps, and other techniques as appropriate to the circumstance and available technology. With the approval of the TOWN ARCHITECT such ramps and devices may project past the RSBL and OPEN SIDE setbacks. PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD n ,9,0 THE PENINSULA NEIGHBORHOOD THE PENINSULA NEIGHBORHOOD BUILDING PLACEMENT STANDARDS PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD Is THE PENINSULA NEIGHBORHOOD INTRODUCTION The Neighborhood REGULATING PLAN identifies the BUILDING PLACEMENT STANDARDS for all lots. The goal of the BUILDING PLACEMENT STANDARDS is good STREET form and desirable outdoor private space (yards and gardens). They aim for the minimum level of control necessary to meet that goal. Variances to the BUILDING PLACEMENT STANDARDS can be granted only where the unique physical circumstance of a lot makes compliance impossible. The specific variance must also meet the conditions of the City of Iowa City Board of Adjustment. The BUILDING PLACEMENT STANDARDS set the basic parameters governing building construction, including the building envelope (in three dimensions) and certain required /permitted elements, such as porches, balconies, and fences. The STANDARDS specify building types that will be built within the Neighborhood. GENERAL GUIDING PRINCIPLES 1. BUILDINGS ARE ALIGNED AND CLOSE TO THE STREET. Buildings form the space of the STREET. Building facades are aligned as a simple plane along the STREET. 2. BUILDINGS FORM AND PROTECT PRIVATE OPEN SPACE. Whether a yard, garden or courtyard, private open space is an important complement to the public space of the neighborhood. 3. BUILDINGS HAVE FRONT PORCHES OR BALCONIES. This overview of the STREET contributes to healthful STREETS and safe neighborhoods, while serving as a buffer between the house interior and STREET activity. 4. BUILDINGS ARE DESIGNED FOR TOWNS. Rather than being simply pushed closer together, as in many suburban developments, buildings must be designed for their close siting within towns and cities. Views are directed to the STREET and the BACK YARD, not toward the neighbors. 5. PROPERTY LINES ARE PHYSICALLY DF,FRJED BY FENCES HEDGES OR GARDEN WALLS. Land should be clearly public or private —in public view or private and protected. 6. VEHICLE STORAGE, GARBAGE AND MECHANICAL EQUIPMENT IS AWAY FROM THE STREET. Access to garages shall be from the ALLEY or COMMON DRIVE. Where garages must be firont- loaded, they shall be set at least 20 feet behind the front plane of the heated space of the house. These principles define the goal and intent of the Peninsula Neighborhood Code. Refer to the following BUILDING PLACEMENT STANDARDS for the specific requirements for each building site. PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 8 THE PENINSULA NFIGHQ( tl HooD BUILDING PLACEMENT STANDARD for ESTATE HOUSE SITES PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD tq +-J 1 b!J 1� by 0 TT1�^ vl CIO W rH W THE PENINSULA NEIGHBORHOOD Estate House Sites PANG A SAVE — &In FON' FESLI PlWeety LM1es� —, 8 FT V6Y FRONT PORCH - �RSBL2 T ln OUILONiLE 8 FT VA% VNIN00 SIX SETBACK Comnt Driva of ARTS GO WORN )61 FT WINVI U t�*T LOPEN TAREA BVhBA13LE MCA El'"SO4 .W FA WIFIN ONE SIEE 04iY 30 FT p E YIN4 32 R PAGE T I Aral I FT ! IIS (�RS91-2 Peep LMe± L.. Rogvirod Sheet Ea2dmg tmI, Plan 1 4. as desi2oled on the, Rey , _ - _ Rov i- Ilhe principal building shall be betaeen 12 and 35 ft to its Eaves. The accessory building shill be no more than 18 ft to its Eames. The first floor finished elevation shall be between 30 and GO inches above the average RSBL elevation. The principal building shall be Built -To the REQUIRED STREET BUILDING LINE (RSBL). For EDGE LOTS designated on the REGUMTING PLAN with a RSBL? the FRO \7 PORCH is optional and buildings without FRONT PORCHES shall be Bsilt -To the RSBL. The minimum side Setbacks are 4 ft (one side) and loft (both sides combined). The REGUL {TI \G PLAN may designate a required PRIVACY BUIW NG LINE (PBL) 4 ft off one COMMON LOT LINE (genendly tiro North or East). The garage, parking for vehicles shall be kept within the designated Garage- Parking area (except for EDGE LOTS where tike garage door (and /or parking area) shall be at least 20 ft behind the front building wall or below grade). Any designated CONBION DRIVE easements shall be respected -- consult with the TOWN ARCHITECT. A FRO \7 PORCH, m aimum 8 R deep with a width no less than 33 % of the RSBL (not to include any Side Street frontage), is required along the RSBL. For EDGE LOTS with a RSBL (see the REGULATTNG PLAN) the FRO\? PORCH is optionaL A PRIVACY FENCE, ma-cinuhnh 8 ft let height, may nun the remainder of the rear and CONDION LOT LINES (except within the FRO \T YARD area which may only have a FRO \7 YARD FENCE). Residential, Bed and Breakfast Homestay, and Home Occupation, (by night subject to Ioiv a City Zoning Regulations Section l4- 6M- 1fB](G]) Cues are permitted. Parking, occupant's workshop, Home Occupation, and Accessory Unit uses are permitted in the buildable area at the rear of the lot. (Enclosed, below grade parkhtg is permitted adjacent to tlue RSBL as well.) ®2003 GEOFFREY FERRELL ASSOCIATES PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 15 a 339. LOT L worth VIN I- 8 FT V6Y FRONT PORCH PRIVACY FENCE - 8 FT VA% Rov i- Ilhe principal building shall be betaeen 12 and 35 ft to its Eaves. The accessory building shill be no more than 18 ft to its Eames. The first floor finished elevation shall be between 30 and GO inches above the average RSBL elevation. The principal building shall be Built -To the REQUIRED STREET BUILDING LINE (RSBL). For EDGE LOTS designated on the REGUMTING PLAN with a RSBL? the FRO \7 PORCH is optional and buildings without FRONT PORCHES shall be Bsilt -To the RSBL. The minimum side Setbacks are 4 ft (one side) and loft (both sides combined). The REGUL {TI \G PLAN may designate a required PRIVACY BUIW NG LINE (PBL) 4 ft off one COMMON LOT LINE (genendly tiro North or East). The garage, parking for vehicles shall be kept within the designated Garage- Parking area (except for EDGE LOTS where tike garage door (and /or parking area) shall be at least 20 ft behind the front building wall or below grade). Any designated CONBION DRIVE easements shall be respected -- consult with the TOWN ARCHITECT. A FRO \7 PORCH, m aimum 8 R deep with a width no less than 33 % of the RSBL (not to include any Side Street frontage), is required along the RSBL. For EDGE LOTS with a RSBL (see the REGULATTNG PLAN) the FRO\? PORCH is optionaL A PRIVACY FENCE, ma-cinuhnh 8 ft let height, may nun the remainder of the rear and CONDION LOT LINES (except within the FRO \T YARD area which may only have a FRO \7 YARD FENCE). Residential, Bed and Breakfast Homestay, and Home Occupation, (by night subject to Ioiv a City Zoning Regulations Section l4- 6M- 1fB](G]) Cues are permitted. Parking, occupant's workshop, Home Occupation, and Accessory Unit uses are permitted in the buildable area at the rear of the lot. (Enclosed, below grade parkhtg is permitted adjacent to tlue RSBL as well.) ®2003 GEOFFREY FERRELL ASSOCIATES PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 15 a THE PENINSULA NEIGHBORHOOD SPECIFICATIONS: ESTATE HOUSE SITES HEIGHT SPECIFICATIONS: Principal building height is measured from the highest REQUIRED STREET BUILDING LINE (RSBL) elevation (ALLEY or COMMON DRIVE frontage for accessory buildings) to the main eaves or other point Specified on the BUILDING PLACEMENT STANDARD (BPS). FENCE and GARDEN WALL heights are measured from adjacent sidewalk (within 5 feet); when not fronting a sidewalk, heights are relative to the adjacent ground.. On EDGE LOTS, height for accessory buildings will be measured relative to the adjacent ground elevation on the STREET side of the accessory building. SITING SPECIFICATIONS: I. The building(s) shall occupy only the specified (hatched) area of the lot. No parts of the buildings (excepting overhanging eaves, BAY WINDOWS (not more than 30 "), steps (not more than 72 ") and chimneys (not more than 30 "), garden trellises and other light unroofed garden structures) shall occupy the remaining lot area. 2. No parts of any building excepting overhanging eaves, BAY WINDOWS (not more than 30 "), steps (not more than 72 ") and chimneys (not more than 30 ") shall.encroach past the RSBL toward the STREET. 3. The building (the FRONT PORCH) shall be bull! -to the specified RSBL for at least 33% of tile RSBL width. For EDGE LOTS, With all RSBL2, the FRONT PORCH is optional. Buildings with no FRONT PORCH shall W built -to the RSBL2 for at least 40% Of the RSBL2 width. That portion of the building shall be composed as a simple plane (limited fagade jogs less than 24" and porches, STOOPS, BAY WINDOWS, and balconies are considered to be within this "a simple plane" requirement). For non - rectangular lots the percentage minimum shall be measured against the narrowest lot width within the BUILDABLE AREA for the primary building (not to include the buildable area for any SIDE WING or accessory building). 4. At least 35% of the lot area, and all required side setbacks, shall remain open and unpaved and not be built upon (nor used for parking) except for overhanging eaves, cantilevered balconies, BAY WINDOWS, stoops, decks, chimneys, and additionally in the BACK YARD only gazebos, green houses and steps except where otherwise specified in the Code. 5. The Garage /parking setback shall be measured from the ALLEY ROW or the COMMON DRIVE edge of pavement. CORNER LOTS: 1. The SIDE STREET RSBL, shall be built -to either by the building wall and/or PORCH for not less than 50% of its length. That portion of the building wall shall be composed as a simple plane (limited jogs as listed above in Siting Specifications are considered "a simple plane" within this requirement) When a wrap- around PORCH is used; the building wall may step forward to the RSBL at the termination of the PORCH 2. The fence requirements for CORNER LOTS additionally allow, where the lot OPEN SIDE fronts a SIDE STREET, a PRIVACY FENCE along that FRONTAGE as a substitute for the required FRONT YARD FENCE. This PRIVACY FENCE shall begin no closer than 20 feet from the comer (ROW intersection) of the frontage STREET. Lots where RSBL is curved: The required FRONT PORCH (or building fagade along RSBL2 for edge lots with no porch requirement) shall be aligned on a tangent to a curve. Where the lot face is convex to the porch the porch shall touch the RSBL at 2 points (where concave it shall touch at I point). ELEMENTS SPECIFICATIONS: L All lots bordering an ALLEY Or COMMON DRIVE shall use the ALLEY or COMMON DRIVE as tile sole means of automobile access to the parking areas, unless otherwise approved by the City. 2. Garage doors shall not face (be at an angle of less than 90 degrees from) the RSBL, and parking areas (unenclosed) shall not be located within 20 feet of the STREET unless hidden by a GARDEN WALL. 3. For EDGE LOTS designated oil the REGULATING PLAN with a second REQUIRED STREEr BUILDING LINE (RSBL2), both the FRONT PORCH and FRONT YARD FENCE are optional. The principal building fagade (enclosed portion) shall be built -to this RSBL2. HOMEOccuPATtONS: Home occupations are permitted subject to Zoning Regulations Section 14- 6M- 1(B)(6). AccFssORYUNTfS: Accessory units are permitted by right. For such units, the owner of the principal structure shall occupy at least one (1) of the units. Conversion of primary structure single - family units for multiple family uses is prohibited. PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 16 I • THE PENINSULA NEIC111BORHOOD BUILDING PLACEMENT STANDARD for PENINSULA HOUSE SITES PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD I . r-1 W T�T^ V1 Cn M--1 W Vol THE PENINSULA NEIGuBORHooD Peninsula House Sites PRIVACY FERCE e FT MAX SAVE HEIGHT 35 FT VAX 12 FT 111N SID��E1ifNC 5 FT EAVE MAX 6o M novm RSEtlg5 2 P"c ty tines 7L._._T TNLNIUUV i VIN I- 619E SEInAd(f Common CO. � BVARIAEU: a Alley R REA WRI 66I FT w IX-Er1 PRIVACY PENCE LOT ARE A � ePREA E E"PMEON AREA a.E 4DE atY 'NMlY xlMA 30 FT T ' J2 FT R OARRAG SETBACK U FT SAN q''d Sire P Une 2 Ras nAavgnolM m I Prop.tn g Pian 1. I Nny 30, 2003 The principal building shall be between 12 and 35 it to its Eaves. The accessory building shall be no more than l8 it to its Eaves. Any FRO 'NTYARD FENCE shall be between 30 and 40 inches in height. The fast floor finished elevation shall be between 30 and 60 inches above the average RSBL elevation. The fast two storeys shall have at least 8 feet 8 inches clear height for 8090 of their area. The principal building shill be Bnllt -To the REQUIRED STREET BUILDING LINE (RSBL). For EDGE LOTS with an RSBL-1 designated on the Regulating Plan, the FRONT PORCH is optional and the facade of buildings without FRONT PORCHES shall be BSilt -To the RSBL. The minlnum side Setback is 4 ft (one side). The garage, parking for vehicles (autos, trailers, boats, etc.) shall be kept within the designated Garage - Parking area (except for EDGE LOTS where the garage door (and /or parking area) shall be set at least 20 It bellind the front buddies mall -- or below grade). Any designated COMMON DRAM easements shalt be respected -- consult with the TOWN' ARCHITECT. A FRONTPORCH, between 8 ft and 14 ft deep uidh a width no less than 33% of the REQUIRED STREET BUIIDL \G LINE (RSBL), (not to Include any SIDE STREET frontage), is required. For designated EDGE LOTS (seethe REGULATING PLAN) the FRONT PORCH is optional. The REGULATING PLAN may designate a required Privacy Building Line (PBL) 4 it off the CWWON LOT ME (generally North or East). A PRIVACY FENCE, maximum 8 ft in height, may mn the remainder of the rear and CO\LUON LOT LINES (except vwithin die FRO' YARD area which may only have a FRONT YARD FENCE). Residential, Bed and Breakfast Homestay, and Home Occupation (by right subject to Iowa City Zoning Regulations Section 14.6NI- I[B][61) uses are permitted. Parking, occupant's workshop, Home Occupation, and Accessory Unit uses are permitted in the buildable area at the mar of the lot. (Enclosed, below, grade parking is pemhitted adjacent to the RSBL as well.) 6 2033 GEOFFREY PFRRFtI_ ASSOCIATES All Rsahts Reserved PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD IS A 33% LOT I_ V.tOM VIN I- 8 FT VIN FROOT PORCH 14 FT LIAR OFPM PRIVACY PENCE 8 FT VAX Nny 30, 2003 The principal building shall be between 12 and 35 it to its Eaves. The accessory building shall be no more than l8 it to its Eaves. Any FRO 'NTYARD FENCE shall be between 30 and 40 inches in height. The fast floor finished elevation shall be between 30 and 60 inches above the average RSBL elevation. The fast two storeys shall have at least 8 feet 8 inches clear height for 8090 of their area. The principal building shill be Bnllt -To the REQUIRED STREET BUILDING LINE (RSBL). For EDGE LOTS with an RSBL-1 designated on the Regulating Plan, the FRONT PORCH is optional and the facade of buildings without FRONT PORCHES shall be BSilt -To the RSBL. The minlnum side Setback is 4 ft (one side). The garage, parking for vehicles (autos, trailers, boats, etc.) shall be kept within the designated Garage - Parking area (except for EDGE LOTS where the garage door (and /or parking area) shall be set at least 20 It bellind the front buddies mall -- or below grade). Any designated COMMON DRAM easements shalt be respected -- consult with the TOWN' ARCHITECT. A FRONTPORCH, between 8 ft and 14 ft deep uidh a width no less than 33% of the REQUIRED STREET BUIIDL \G LINE (RSBL), (not to Include any SIDE STREET frontage), is required. For designated EDGE LOTS (seethe REGULATING PLAN) the FRONT PORCH is optional. The REGULATING PLAN may designate a required Privacy Building Line (PBL) 4 it off the CWWON LOT ME (generally North or East). A PRIVACY FENCE, maximum 8 ft in height, may mn the remainder of the rear and CO\LUON LOT LINES (except vwithin die FRO' YARD area which may only have a FRONT YARD FENCE). Residential, Bed and Breakfast Homestay, and Home Occupation (by right subject to Iowa City Zoning Regulations Section 14.6NI- I[B][61) uses are permitted. Parking, occupant's workshop, Home Occupation, and Accessory Unit uses are permitted in the buildable area at the mar of the lot. (Enclosed, below, grade parking is pemhitted adjacent to the RSBL as well.) 6 2033 GEOFFREY PFRRFtI_ ASSOCIATES All Rsahts Reserved PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD IS A F Nny 30, 2003 The principal building shall be between 12 and 35 it to its Eaves. The accessory building shall be no more than l8 it to its Eaves. Any FRO 'NTYARD FENCE shall be between 30 and 40 inches in height. The fast floor finished elevation shall be between 30 and 60 inches above the average RSBL elevation. The fast two storeys shall have at least 8 feet 8 inches clear height for 8090 of their area. The principal building shill be Bnllt -To the REQUIRED STREET BUILDING LINE (RSBL). For EDGE LOTS with an RSBL-1 designated on the Regulating Plan, the FRONT PORCH is optional and the facade of buildings without FRONT PORCHES shall be BSilt -To the RSBL. The minlnum side Setback is 4 ft (one side). The garage, parking for vehicles (autos, trailers, boats, etc.) shall be kept within the designated Garage - Parking area (except for EDGE LOTS where the garage door (and /or parking area) shall be set at least 20 It bellind the front buddies mall -- or below grade). Any designated COMMON DRAM easements shalt be respected -- consult with the TOWN' ARCHITECT. A FRONTPORCH, between 8 ft and 14 ft deep uidh a width no less than 33% of the REQUIRED STREET BUIIDL \G LINE (RSBL), (not to Include any SIDE STREET frontage), is required. For designated EDGE LOTS (seethe REGULATING PLAN) the FRONT PORCH is optional. The REGULATING PLAN may designate a required Privacy Building Line (PBL) 4 it off the CWWON LOT ME (generally North or East). A PRIVACY FENCE, maximum 8 ft in height, may mn the remainder of the rear and CO\LUON LOT LINES (except vwithin die FRO' YARD area which may only have a FRONT YARD FENCE). Residential, Bed and Breakfast Homestay, and Home Occupation (by right subject to Iowa City Zoning Regulations Section 14.6NI- I[B][61) uses are permitted. Parking, occupant's workshop, Home Occupation, and Accessory Unit uses are permitted in the buildable area at the mar of the lot. (Enclosed, below, grade parking is pemhitted adjacent to the RSBL as well.) 6 2033 GEOFFREY PFRRFtI_ ASSOCIATES All Rsahts Reserved PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD IS A THE PENINSULA NEIGHBORHOOD SPECIFICATIONS: PENINSULA HOUSE SITES HEIGHT SPECIFICATIONS: Principal building height is measured from the highest REQUIRED STREET BUILDING LINE (RSBL) elevation (ALLEY or COMMON DRIVE frontage for accessory buildings) to the main eaves or other point specified on the BUILDING PLACEMENT STANDARD (BPS). FENCE and GARDEN WALL heights are measured from adjacent sidewalk (within 5 feet); when not fronting a sidewalk, heights are relative to the adjacent ground elevation. On EDGE LOTS, height for accessory buildings will be measured relative to the adjacent ground elevation on the STREET side of the accessory building. SITING SPECIFICATIONS: I. The building(s) shall occupy only the specified (hatched) area of the lot. No parts of the buildings (excepting overhanging eaves, BAY WINDOWS (not more than 30 "), steps (not more than 72") and chimneys (not more than 24 "), garden trellises and other light unroofed garden structures) shall occupy the remaining lot area 2. No parts of any building excepting overhanging eaves, BAY WINDOWS (not more than 30 "), steps (not more than 72 ") and chimneys (not more than 24 ") shall encroach past the RSBL. 3. The building (the FRONT PORCH) shall be built -to the specified RSBL for at least 33% of the RSBL width. For EDGE LOTS, with an RSBL2, tile FROM' PORCH is optional. Buildings with 110 FRONT PORCH shall be built -to the RSBL2 for at least 40% of the RSBL2 width. That portion of the building shall be composed as a simple plane (limited fagade jogs less than 24" and porches, chimneys (not more than 24 "), STOOPS, BAY WINDOWS, and balconies are considered to be within this "a simple plane" requirement). For non - rectangular lots the % minimum shall be measured against the narrowest lot width within the buildable area for the primary building (not to include the buildable area for any SIDE WING or accessory building). 4. At least 35% of the lot area, and all required side setbacks, shall remain open and unpaved and not be built upon (nor used for parking) except for overhanging eaves, cantilevered balconies, stoops, BAY WINDOWS, decks, chimneys, and additionally in the BACK YARD only, decks, gazebos, green houses and steps except where otherwise specified in the Code. 5. The Garage /parking setback shall be measured from the ALLEY ROW or the COMMON DRIVE edge of pavement. CORNER LOTS: I. The side street RSBL shall be built -to either by the building wall and/or porch for not less than 50% of its length. That portion of the building wall shall be composed as a simple plane (limited jogs as listed above in Siting Specifications are considered "a simple plane" within this requirement) When a wrap - around porch is used; the building wall may step forward to the RSBL at the termination of the porch 2. The fence requirements for comer lots additionally allow, where the open side of a lot fronts a side street, a privacy fence along that frontage as a substitute for the required front yard fence. This privacy fence shall begin no closer than 20 feet from the corner (ROW intersection) of the frontage street. Lots where RSBL is curved: The required FRoNr PORCH (or building fagade along RSBL2 for edge lots with no porch requirement) shall be aligned on a tangent to a curve. Where the lot face is convex to the porch, the porch shall touch the RSBL at 2 points (where concave it shall touch at 1 point). ELEMENTS SPECIFICATIONS: - 1. All lots bordering an ALLEY or COMMON DRIVE shall use the ALLEY or COMMON DRIVE as the sole means of automobile access to the parking areas, unless otherwise approved by the City. 2. Garage doors shall not face the RSBL. They must be at an angle of not less than 90 degrees from the RSBL. Unenclosed parking areas shall not be located within 20 feet of the STREET unless hidden by GARDEN WALL. 3. For EDGE LOTS designated on the REGULATING PLAN with a second REQUIRED STREET BUILDING LINE (RSBL2) both the FRONT PORCH and FRONT YARD FENCE are optional. The principal building fagade (enclosed portion) shall be built -to this RSBL2. IIOMEOCCUPATIONS: Home occupations are permitted subject to Zoning Regulations Section 14- 6M- 1(B)(6). ACCESSORYUNITS: Accessory units are permitted by right. For such units, the owner of the principal structure shall occupy at least one (1) of the units. Conversion of primary stmcture single - family units for multiple family uses is prohibited. PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 19 �0 THR PGNINSULA NEiG" oRHaaD BUILDING PLACEMENT STANDARD for COTTAGE SITES PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD xo a wJ .rte �1 V1 at/ r-1 W TuR PENINSULA NEIGHBORHOOD Cottage Sites sari, LOT F u B R r11Nr� 12 FT MAX PRIVACY FENCE 8 FT MAX RESIDENTIAL HONE OCC. dj RESIDENTIAL RESIOINTtOAL HONfE OCCVPA SOT`5- - - "''— AOO UhTf wORASHOP The principal building shall be between 12 and 35 ft to its Eaves. The accessory building shall be no nnore than 18 ft to its Eaves. Any SIDER7NG shall be no more that 15 ft to its Eaves. The FRONT YARD FENCE shall be between 30 and 40 incites in height. The FRONT PORCH floor elevation shall be between 28 and 60 hulnes above the average RSBL elevation. The first and second storeys shall have at least 8 feet 8 inches clear height for not less than 75 %of their area. The principal building shall be Bnflt-To the REQUIRED STREET BUILDING LINE (RSBL), as designated on the REGULATING PI2,N. The minimum side Setback is 4 ft. The REGULATING PLAN may designate a required PRWACY BUILDING LINE (PBL) 4 feet off one CONIN[ON LOT LINE (generally ATorth or East). The garage, vehicle parking (autos, trailers, boats, etc.) shall be kept within the designated Garage - Parking area. (Enclosed, below grade parking is pernutted adjacent to the RSBL as well.) A FRONT PORCH, between 8 ft and 12 ft deep mith a width equal to no less than 50% of the RSBL (not to include any SIDE STREET frontage), is required along the RSBL. A PRIVACY FENCE, between 6 and 8 ft in height, shall am the remainder of the rear and COUMON LOT LINES (except withhn the FRONTYARD area which may only have a FRONT YARD FENCE). Residential, Bed and Breakfast Homestay, aid Home Occupation (by right subject to Iowa City Zoning Regulations Section 14 -6M -1 [B][6]) uses are pernutted. Packing, occupant's workshop, Home Occupation, and ACCESSORY UNIT uses art pemtitted in the buildable area at the rear of the lot. (Enclosed, below grade parking is perinitted adjacent to the RSBL as well.) Ftny 30, 2003 0 2003 GEOFFREY FERRELL ASSOCIATES L.L.C. Alt RlChts Reserved PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 21 O PropErty Unes_ 1 _ RSHL Row_ - Comma Driv, NINIVUtA CPEN 90E SETBACK rr Allay, RO'ry ulpnptuulk, BUILBB toT MEA AREA 9CENLV'G AREA AEQ 55 R 55 17 5 I CNf 519E ON.Y xlnxry n4 Fr EA SRN T. ARKrR1# ( tSi IT R:BL T _ r E0 _ _ _ I `OR EUiI_ 1 DI NC LNE (RO L) sari, LOT F u B R r11Nr� 12 FT MAX PRIVACY FENCE 8 FT MAX RESIDENTIAL HONE OCC. dj RESIDENTIAL RESIOINTtOAL HONfE OCCVPA SOT`5- - - "''— AOO UhTf wORASHOP The principal building shall be between 12 and 35 ft to its Eaves. The accessory building shall be no nnore than 18 ft to its Eaves. Any SIDER7NG shall be no more that 15 ft to its Eaves. The FRONT YARD FENCE shall be between 30 and 40 incites in height. The FRONT PORCH floor elevation shall be between 28 and 60 hulnes above the average RSBL elevation. The first and second storeys shall have at least 8 feet 8 inches clear height for not less than 75 %of their area. The principal building shall be Bnflt-To the REQUIRED STREET BUILDING LINE (RSBL), as designated on the REGULATING PI2,N. The minimum side Setback is 4 ft. The REGULATING PLAN may designate a required PRWACY BUILDING LINE (PBL) 4 feet off one CONIN[ON LOT LINE (generally ATorth or East). The garage, vehicle parking (autos, trailers, boats, etc.) shall be kept within the designated Garage - Parking area. (Enclosed, below grade parking is pernutted adjacent to the RSBL as well.) A FRONT PORCH, between 8 ft and 12 ft deep mith a width equal to no less than 50% of the RSBL (not to include any SIDE STREET frontage), is required along the RSBL. A PRIVACY FENCE, between 6 and 8 ft in height, shall am the remainder of the rear and COUMON LOT LINES (except withhn the FRONTYARD area which may only have a FRONT YARD FENCE). Residential, Bed and Breakfast Homestay, aid Home Occupation (by right subject to Iowa City Zoning Regulations Section 14 -6M -1 [B][6]) uses are pernutted. Packing, occupant's workshop, Home Occupation, and ACCESSORY UNIT uses art pemtitted in the buildable area at the rear of the lot. (Enclosed, below grade parking is perinitted adjacent to the RSBL as well.) Ftny 30, 2003 0 2003 GEOFFREY FERRELL ASSOCIATES L.L.C. Alt RlChts Reserved PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 21 O THE PENINSULA NEIGHBORHOOD SPECIFICATIONS: COTTAGE SITES I (EIGHT SPECIFICATIONS: Principal building height Is measured from the highest REQUIRED STREET BUILDING LINE (RSBL) elevation (ALLEY or CON[MON DRIVE frontage for accessory buildings) to the (thin eaves or other point specified on tile BUILDING PLACEMENT' STANDARD (BPS). FENCE and GARDEN WALL heights are measured from adjacent sidewalk (within 5 feet); when not fronting a sidewalk, heights are relative to the adjacent ground elevation. On EDGE LOTS, height for accessory buildings will be measured relative to the adjacent ground elevation on the STREET side of the accessory building. SITING SPECIFICATIONS: I. The buildings shall occupy only the specified (hatched) area of the lot. No parts of the buildings (excepting overhanging eaves, BAY WINDOWS (not more than 30 "), steps (not more than 72 ") and chimneys (not more than 24 ") garden trellises and other light and unroofed garden structures) shall occupy the remaining lot area. 2. No parts of any buildings excepting overhanging eaves, BAY WINDOWS (not more than 30 "), steps (not more than 72 ") and chimneys (not more than 24 ") shall encroach past the RSBL 3. The building (the FRONT PORCH) shall be built -to the specified RSBL for at least 50% of the RSBL width. That portion of the building shall be composed as a simple plane (limited fagade jogs less than 24" and porches, and chimneys (not more than 24 "), STOOPS, BAY WINDOWS, and balconies are considered to be "a simple plane" within this requirement). For non - rectangular lots the 50% minimum shall be measured against the narrowest lot width within the buildable area for the primary building (not to include the buildable area for any SIDE WING or accessory building). 4. The SIDE STREET RSBL shall be built -to either by the building wall and/or PORCH for not less than 50% of its length. That portion of the building wall snail be composed as a simple plane (limited jogs, as listed above in Siting Specifications, are considered "a simple plane" within this requirement). When a wrap - around PORCH is used; the building wall may step forward to the RSBL at the lerltination of the PORCH. 5. At least 25% of the lot area, and all required side setbacks, shall remain open and unpaved and not be built upon (nor used for parking) except for overhanging eaves, cantilevered balconies, stoops, BAY WINDOWS (not more than 30 "), chimneys (not more than 30 "), wood decks, and in the rear only, gazebos, green houses and steps except where otherwise specified in the Code. 6. The Garage /parking setback shall be measured from the ALLEY ROW or the commoN DRIVE edge of pavement. 7. Lots Where the RSBL is curved: the required FRONT PORCH shall be aligned on a tangent to the curve. Where the lot face is convex to the porch the porch shall touch the RSBL at 2 points (where concave it shall touch at I point). CORNER Lots: The fence requirements additionally allow a PRIVACY FENCE along the SIDE STREET FRONTAGE as a substitute for the required FRONT YARD FENCE. This PRIVACY FENCE shall begin no closer than 20 feet from the comer (ROW intersection) of the frontage STREET ELEMENTS SPECIFICATIONS: 1. All lots bordering an ALLEY shall use the ALLEY as the sole means of automobile access, unless otherwise approved by the City. 2. Garage doors shall not face the RSBL. They must be at an angle of not less than 90 degrees from the RSBL. Unenclosed parking areas shall not be located within 20 feel of the STREET unless hidden by a GARDEN WALL. - HoMEOccuPATioNs: Home occupations are permitted subject to Zoning Regulations Section 14- 6M- I(B)(6). ACCESSORY UNITS: ACCESSORY UNITS are permitted by right. For such units, the owner of the principal structure shall occupy at least one (1) of the units. Conversion of primary structure single- family units for multiple family uses is prohibited. PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 22 a TMt, PENINSULA NEIGHBORHOOD BUILDING PLACEMENT STANDARD for COTTAGE FLATS SITES PRINCIPLES AND REGULATIONS FOR TIME NEIGHBORHOOD 23 J WE 4y bQ . H [ .'-.4 TTe^--1 V1 �1 r-1 w TILE PENINSULA NEIGHBORHOOD Property tines 1 R59L 11 ` VPIIVUV WEN RDE SE1131 or A AREA WT INUA 0.00.9 DREA T . T Rf'Z;FOGRIVACY I P...n i M -- 80I.u0T L ONE STOREY r FRONT PORCH RID 8 FT AIIN STOREYS (BAb GT R EIS 12 FT VAX ENCWRAGEO) t PRIVACY FENCE 8 FT VAX FENCE 30 -40 In May 30, 2003 RESIDEFITLV. RESIDENTIAL tt'ORNSHOP Flats Sites The principal building shall be between 12 and 35 ft to its Eaves. Tile accessory building shall be no more than 18 R to its Eaves. Any SIDER7NG shall be no more than 15 ft to its Eaves. The FRO 'NT YARD FENCE shall be between 30 and 40 indus in height. Thu FRONT PORCH floor devuion shall be bencccn 28 and 60 inches above die average RSBL elevation. The lust and second storeys shall have At least 8 feet 8 inches dear height for not less than 75% of their area. The principal building shall be Built-To the REQUIRED STREET BUILDING LINE (RSBL), as designated on the REGULATING PLAN. The ntininumt side Setback is 4 ft. The REGLLATWG -PLAN may designate a required PRIVACY BUILDING LINE (PBL) 4 feet off one CONLUON LOT LINE (generally North or East). The garage, vehicle parking (autos, trailers, boats, etc.) shall be kept within the designated Garage - Parking area and /or enclosed and below grade. - A FRONT PORCH, between 8 ft and 12 ft deep with a width no less tnnn 50% of the RSBL (not to include any SIDE STREET frontage), is required along to RSBL A PRIVACY FENCE, between 6 and 8 ft in height, shall ran the remainder of the rear and COMMON LOT LINES (except withia the FRONT YARD area which may only have a FRONT YARD FENCE). Residential, Bed mid Breakfast Homestay, and Home Occupation (by right subject to Iowa City Zoning Regulations Section 14- 61%1- 1[BI[6)) uses are permitted. Parking, occupants workshop, Home Occupation, and ACCESSORY UNIT uses are permitted in the buildable area at the rear of the lot. (Enclosed, below grade parking is permitted adjacent to the RSBL as well.) PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 24 THE PENINSULA NEIGHBORHOOD SPECIFICATIONS: COTTAGE FLATS SITES HEIGHT SPECIFICATIONS: Principal building height is measured from the highest REQUIRED STREET BUILDING LINE (RSBL) elevation (ALLEY or COMMON DRIVE frontage for accessory buildings) to the main eaves or other point specified 011 the BUILDING PLACEMENT STANDARD (BPS). FENCE and GARDEN WALL heights are measured from adjacent sidewalk (within 5 feet); when not fronting it sidewalk, heights are relative to the adjacent ground elevation. On EDGE LOTS, height for accessory buildings will be measured relative to the adjacent ground elevation on the STREET side of the accessory building. SITING SPECIFICATIONS: 1. The buildings shall occupy only the specified (hatched) area of the lot. No parts of the buildings (excepting overhanging eaves, BAY WINDOWS (not more than 30 "), steps (not more than 72 ") and chimneys (not more than 24 ") garden trellises and other light and unroofed garden structures) shall occupy the remaining lot area. 2. No parts of any buildings excepting overhanging eaves, BAY WINDOWS (not more than 30 "), steps (not more than 72") and chimneys (not more than 24 ") shall encroach past the RSBL 3. The building (the FRONT PORCH) shall be buill -lo the specified RSBL for at least 50% of the RSBL width. That portion of the building shall be composed as a simple plane (limited fagade jogs less than 24" and porches, and chimneys (not more than 24 "), STOOPS, BAY wlNDows, and balconies are considered to be "a simple plane" within this requirement). For non - rectangular lots the 50% minimum shall be measured against the narrowest lot width within the buildable area depth for the primary building (not to include the buildable area for any SIDE WING or accessory building). 4. The SIDE STREET RSBL shall be built -to either by the building wall and/or PORCH for not less than 50% of its length. That portion of the building wall shall be composed as a simple plane (limited jogs, as listed above in Siting Specifications, arc considered "a simple plane" within this requirement). when a wrap- around PORCH is used; the building wall may step forward to the RSBL at the termination of the PORCH. 5. At least 25% of the lot area, and all required side setbacks, shall remain open and unpaved and not be built upon (nor used for parking) except for overhanging eaves, cantilevered balconies, stoops, BAY WINDOWS (not more than 30 "), chimneys (not more than 2430 "), wood or decks, and in the rear only, gazebos, green houses and steps except where othenvise specified in the Code. 6. The Garage /parking setback shall be measured from the ALLEY ROW or the co.mMON DRIVE edge of pavement. 7. Lots where the RSBL is curved: the required FRONT PORCH shall be aligned on a tangent to the curve. Where the lot face is convex to the porch the porch shall touch the RSBL at 2 points (where concave it shall touch at l point). CORNER LOTS: The fence requirements additionally allow a PRIVACY FENCE along the SIDE STREET FRONTAGE as a substitute for the required FRONT YARD FENCE. This PRIvAcY FENCE shall begin no closer than 20 feet from the comer (ROW intersection) of the frontage STREET ELEMENTS SPECIFICATIONS: I. All lots bordering an ALLEY shall use the ALLEY as the sole means of automobile access, unless otherwise approved by the City. 2. Garage doors shall not face the RSBL. They must be at an angle of not less than 90 degrees from the RSBL. Unenclosed parking areas shall not be located within 20 feet of the STREET unless hidden from the street by a garden wall. HOME OCCUPATIONS: Home occupations are permitted subject to Zoning Regulations Section 14- 6M- I(B)(6). HOUSING UNITS: Two dwelling units, withing the principle building envelope restrictions of the COTTAGE FLATS SITES BUILDING ENVELOPE STANDARDBPS, are permitted by right. ACCESSORY UNrrs: ACCESSORY UNITS are permitted by right. For such units, an owner shall occupy at least one (1) of the units. Conversion of primary structure two- family units for multiple family uses is prohibited. PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 25 1 THE PENINSULA WmHaoRtiooD BUILDING PLACEMENT STANDARD for TOWNHOUSE SITES PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 26 0 ci yI.�� �! • +J V1 St/ a—i W CFO a) THE PENINSULA NEIGHBORHOOD Townhouses PR8 FTTVAXNCE M6h ' RESIMMAIL 110kMOCC. MIDtM1At AARKaL\\'O ROMEO C. MOH fOs M. ll'ORKSHOP HOlrE OCC. \ `\ \ V y 30, 2003 The principal building shall be between l8 ft and 35 ft to its Eaves. The accessory budding shall be no move than 18 ft to its Eaves. Any Sideving shall be no more than 15 ft to its Eaves. The Front Porch floor elevation shall be between 28 and 60 itches above the fraying RSBL elevation. Time first storey shall have at least 8 feet 8 arches dear height for no less tluan 80 % of its area. For each mnin the FRONT PORCH shall be Built -To the REQUIRED STREET BUILDING LINE RSBL). SIDENVING area construction shall be Built -To the PRArACY BUILDING LINE (PBL) (generally the Noah or East side). The unit width shall be boteeen 18 ft and 30 ft. A maximum of 6 faits shall comprise are banding. There shall be a minimum 10 ft gap between buildings where multiple buildings are bunt (except where othernise designated on the REGULATING PLAN). The garage, vehicle parking (autos, mailers, boats, etc.) shall be kept within the designated Garage - Parking area (and /or as designated on the REGULATING PLAN or rndosed and below grade ). A FRONT PORCH is required for each unit. The FRONT PORCH, between 8 ft and 12 ft deep with a Width no less than 50% of the RSBL (not to hnlude any SIDE STREET R551.), shall be built -ha the REQUIRED STREET BUILDING LINE (RSBL). FRONT PORCHES shall be done in contiguous groupings of no less than 2. PRIVACY FENCING, between 6 and 8 ft in height, shall be placed along any unbnilt tear and CONsION LOT LINES (esclutling Rowhome sites with no BACKYARD or coanyard area). Residential, Home Occupation, and Bed and Breakfast Honmestay uses are permitted on all floors. Ground Floor and Basement space may additionally include Neighborhood Commercial uses by right (see attached Specifications). Parking, occupant's workshop, Home Occupations, and Accessory Unit (<500 Sq Ft) uses are permitted in the buildable area at the rear of the lot. (Enclosed, below grade parking is pemnitted adjacent to the RSBL as well.) 0 2003 GEOFFREY FERRELL ASSOCIATES L.L.C. All PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 27 GO SOR RSOLL WIDTH ONE or 1vi0 Re9J Sboot 13u Pr R el p ri nm / RO'N F PORCH w REOUIREO BUl0A8(_y' ONUUM U UM OPEN -e-� AREA WITHIN CARDGi AREA D 0.A S SUEM \c AREA N�N PA 35 FT 5 T e FT WITHIN 14 PAfNA4Y T ' L FT SEIBAClt RSS �< 1 �ROXA%ID MA \a o U,E (P0.7 RESIMMAIL 110kMOCC. MIDtM1At AARKaL\\'O ROMEO C. MOH fOs M. ll'ORKSHOP HOlrE OCC. \ `\ \ V y 30, 2003 The principal building shall be between l8 ft and 35 ft to its Eaves. The accessory budding shall be no move than 18 ft to its Eaves. Any Sideving shall be no more than 15 ft to its Eaves. The Front Porch floor elevation shall be between 28 and 60 itches above the fraying RSBL elevation. Time first storey shall have at least 8 feet 8 arches dear height for no less tluan 80 % of its area. For each mnin the FRONT PORCH shall be Built -To the REQUIRED STREET BUILDING LINE RSBL). SIDENVING area construction shall be Built -To the PRArACY BUILDING LINE (PBL) (generally the Noah or East side). The unit width shall be boteeen 18 ft and 30 ft. A maximum of 6 faits shall comprise are banding. There shall be a minimum 10 ft gap between buildings where multiple buildings are bunt (except where othernise designated on the REGULATING PLAN). The garage, vehicle parking (autos, mailers, boats, etc.) shall be kept within the designated Garage - Parking area (and /or as designated on the REGULATING PLAN or rndosed and below grade ). A FRONT PORCH is required for each unit. The FRONT PORCH, between 8 ft and 12 ft deep with a Width no less than 50% of the RSBL (not to hnlude any SIDE STREET R551.), shall be built -ha the REQUIRED STREET BUILDING LINE (RSBL). FRONT PORCHES shall be done in contiguous groupings of no less than 2. PRIVACY FENCING, between 6 and 8 ft in height, shall be placed along any unbnilt tear and CONsION LOT LINES (esclutling Rowhome sites with no BACKYARD or coanyard area). Residential, Home Occupation, and Bed and Breakfast Honmestay uses are permitted on all floors. Ground Floor and Basement space may additionally include Neighborhood Commercial uses by right (see attached Specifications). Parking, occupant's workshop, Home Occupations, and Accessory Unit (<500 Sq Ft) uses are permitted in the buildable area at the rear of the lot. (Enclosed, below grade parking is pemnitted adjacent to the RSBL as well.) 0 2003 GEOFFREY FERRELL ASSOCIATES L.L.C. All PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 27 GO SOR RSOLL WIDTH ONE or 1vi0 8 FT MINr� STOREY 12 FT VAX F PORCH REOUIREO PRIVACY FENCE 6 FT MAX H FT IA RESIMMAIL 110kMOCC. MIDtM1At AARKaL\\'O ROMEO C. MOH fOs M. ll'ORKSHOP HOlrE OCC. \ `\ \ V y 30, 2003 The principal building shall be between l8 ft and 35 ft to its Eaves. The accessory budding shall be no move than 18 ft to its Eaves. Any Sideving shall be no more than 15 ft to its Eaves. The Front Porch floor elevation shall be between 28 and 60 itches above the fraying RSBL elevation. Time first storey shall have at least 8 feet 8 arches dear height for no less tluan 80 % of its area. For each mnin the FRONT PORCH shall be Built -To the REQUIRED STREET BUILDING LINE RSBL). SIDENVING area construction shall be Built -To the PRArACY BUILDING LINE (PBL) (generally the Noah or East side). The unit width shall be boteeen 18 ft and 30 ft. A maximum of 6 faits shall comprise are banding. There shall be a minimum 10 ft gap between buildings where multiple buildings are bunt (except where othernise designated on the REGULATING PLAN). The garage, vehicle parking (autos, mailers, boats, etc.) shall be kept within the designated Garage - Parking area (and /or as designated on the REGULATING PLAN or rndosed and below grade ). A FRONT PORCH is required for each unit. The FRONT PORCH, between 8 ft and 12 ft deep with a Width no less than 50% of the RSBL (not to hnlude any SIDE STREET R551.), shall be built -ha the REQUIRED STREET BUILDING LINE (RSBL). FRONT PORCHES shall be done in contiguous groupings of no less than 2. PRIVACY FENCING, between 6 and 8 ft in height, shall be placed along any unbnilt tear and CONsION LOT LINES (esclutling Rowhome sites with no BACKYARD or coanyard area). Residential, Home Occupation, and Bed and Breakfast Honmestay uses are permitted on all floors. Ground Floor and Basement space may additionally include Neighborhood Commercial uses by right (see attached Specifications). Parking, occupant's workshop, Home Occupations, and Accessory Unit (<500 Sq Ft) uses are permitted in the buildable area at the rear of the lot. (Enclosed, below grade parking is pemnitted adjacent to the RSBL as well.) 0 2003 GEOFFREY FERRELL ASSOCIATES L.L.C. All PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 27 GO THE PENINSULA NEIGHBORHOOD SPECIFICATIONS: TOWNHOUSE SITES HEIGHT SPECIFICATIONS: Principal building height is measured from the highest REQUIRED STREET BUILDING LINE (RSBL) elevation (ALLEY or COMMON DRIVE frontage for accessory buildings) to the main eaves or other point specified 011 the BUILDING PLACEMENT STANDARD (BPS). FENCE and GARDEN WALL heights are measured from adjacent sidewalk (within 5 feet); when not fronting a sidewalk, heights are relative to the adjacent ground elevation. On EDGE LOTS, height for accessory buildings will be measured relative to the adjacent ground elevation on the STREET side of the accessory building. SITING SPECIFICATIONS: 1. The buildings shall occupy only the specified (hatched) area of the lot. No part of any building (excepting overhanging eaves, BAY WINDOWS (]lot more than 30 "), steps (not more than 72 ") and chimneys (not more than 24 ") garden trellises and other light unroofed garden structures) shall occupy the remaining lot area. 2. No parts of any building excepting overhanging eaves, BAY WINDOWS, steps (not more than 72 ") and chimneys (not more than 24 ") shall encroach past the RSBL 3. Each unit of the building (its FRONT PORCH) shall be built -to the RSBL, for at least 50% of the unit's RSBL frontage width (pleasured on a per -unit basis). That portion of the building fagade shall be composed as a simple plane (limited faFadejogs less than 24" and PORCHES, BAY WINDOWS (not more than 30 "deep), chimneys (not more than 24 "), STOOPS, and balconies are considered to be "a simple plane" within this requirement). 4. The SIDE STREETRSBL shall be built -to either by the building wall and/or PORCH for not less than 65 %of its length. That portion of the building wall shall be composed as a simple plane (limited fagade jogs as listed above in Siting Specifications are considered to be "a simple plane" within this requirement) When a wrap- around PORCH is used; the building wall may step forward to the RSBL at the termination of the PORCH. 5. NON- RECTANGULAR LOT MEASUREMENTS: the unit width parameters and PORCH minimums shall be measured at the mid -point of the buildable area depth for the primary building (not to include the buildable area for any SIDE WING or accessory building). 6. At least 15% of the lot area, and all required side setbacks, shall remain open and not be built upon except for overhanging eaves, BAY WINDOWS (not more than 30 "deep), chimneys (not more than 30 "), STOOPS, cantilevered balconies, stoops, wood or composite decks and steps except where otherwise specified in the Code. 7. The Garage /parking setback shall be measured from the nearest ALLEY ROW or the COMMON DRIVE edge of pavement. 8. CORNER LOTS: The fence requirements for CORNER LOTS additionally allow, where the OPEN SIDE of a tot fronts a SIDE STREET, a PRIVACY FENCE along that FRONTAGE as a substitute for the required FRONT YARD FENCE. This PRIVACY FENCE Shall begin no closer than 20 feet from the comer (ROW intersection) of the frontage STREET. - 9. Lots where the RSBL is curved: the FRONT PORCH or fagade shall be aligned on a tangent to the curve. Where the lot face is convex to the porch the porch shall touch the RSBL at 2 points (where concave it shall touch at I point). ELEMENTS SPECIFICATIONS: 1) All lots bordering an ALLEY or COMMON DRIVE shall use the ALLEY or COMMON DRIVE as the sole means of automobile access to designated parking spaces, unless otherwise approved by the City. 2) Garage doors shall not face the RSBL. They must be at an angle of not less than 90 degrees from the RSBL. Unenclosed.parking areas shall not be located within 20 feet of the STREET unless hidden by a GARDEN WALL or enclosed and below grade. NEIGHBORHOOD COMMERCIAL USES: The following uses are permitted by right: 1) Retail or personal service establishments limited to the ground floor space within the existing structure. 2) Adult or child care homes. 3) Bed and Breakfast Homeslays. 4) Offices limited to dental practices, general medical practices, insurance, real estate or travel agencies, accounting practices and law offices, limited to ground floor space within the existing structure. PARKING: Section 14 -6N -1 B2g restricting the number of parking spaces that may back onto an ALLEY, may be waived if the site plan demonstrates to the satisfaction of the Building Official that parking spaces are configured so as not to impede traffic on the ALLEY. Off - street parking spaces for Neighborhood Commercial Uses are not required for the first 1500 square feet of floor area. Any Neighborhood Commercial Use that exceeds 1500 square feet of floor area shall be required to provide parking spaces according to Section 14 -6N -I J for the area in excess of 1500 square feet of floor area unless a reduction of required number of off- street parking spaces is granted per Section 14.6V. HOME OCCUPATIONS: Home occupations are permitted subject to Zoning Regulations Section 14-6M- I (B)(6). ACCESSORY UNITS: Accessory units are permitted by right. For such units, the owner of the principal structure shall occupy at least one (I) of the units. Conversion of primary structure single - family units for multiple family uses is prohibited. PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 28 r�0 THE PENINSULA NEIGHBORHOOD BUILDING PLACEMENT STANDARD for ROWHOUSE SITES PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 29 m • '.ot rrt^"1 vl VJ W W EAVE HEIGHT 35 FT MAX I FT VIN manes THE PENINSULA NEIGHBORHOOD Rowhouse Sites B E RME SVOe /m9 n. P c t des 'sw RD 1 STOOP O! CAE STOREY AFEA FRONT PORCH � OPEN OPEN REWIRED MINN GARDEN AREA AREA PRIVACY FENCE �hi(D FT WOR HO P NSE'MNG AREA Ni1H 1 DOO xo >tE occ. P61. WE 35 FT 5 r AMIN 14 Fi I R T . �FT L `ZITACK Ri:L�LV IKW£iEJ 4faYeC \ arwm uvc (Pit) may Jul, duvi The principal building shall be between 18 ft and 35 ft to its Ea The accessory building shalt be no more than 18 IT to its Eaves. Any SIDEWING shall be no more than 15 ft to its Eawcs. The FRONT PORCH or STOOP finished floor elevation shall be between 28 and 60 inches above tike average fronting RSBL elevation. The first two stofeys shall have at least 8 feet 8 inches clear height for no less thin 80% of their area. For each usua Either the FRONT PORCH or, on buildings without FRONT PORCHES, the building facade shall be Built-To the REQUIl STREETBUILDING LINE (R5BL). SIDERRNG area construction shall be Built -To the PRIVACY BUILDING LINE (PBL) (generally the North or East side). The unit width shall be between IS ft and 30 ft. A madman of 6 units shall comprise one building. There shall be a ntiumum 10 ft gap between buildings where multiple buildings are built (except where otherwise designated on the REGULATING PLAN). The garage, vehicle parking (autos, trailers, boats, etc.) shall be kept within the designated Garage- Parking area (and /or as designated on the REGULATING PLl-t or enclosed uA below Bade ),..._. • FRONT PORCH or STOOP is required for each unit. • FRONT PORCH, between S ft and 12 ft deep with a width no less than 50% of the RSBL (not to inlude any SIDE STREET RSBL), shall be bro /t -to the REQUIRED STREET BUILDING LIVE (RSBL). A$TO( not more than 5 ft deep and 6 ft wide (parallel to tine RSBL) plus steps shall be built forward of the RSBL. FRONT PORCHES shall be done in contiguous groupings of no less than 2. PRR ACS FENCING, between 6 and 8 ft in height, shall be placed along any tmbuilt rear and CONMION LOT LINES (excluding Rowhouse sites with no BACK YARD or court)wd area). Residential, Home Occupation, and Bed and Breakfast Homestay uses are permitted on all floors. Ground Floor and Basement space may additionally include Neighborhood Commercial uses by right (see attached Specifications). Parking, occupant's workshop, Home Occupations, and Accessory Unit ( <500 Sq Ft) uses are pemutted in ate buildable area at the rear of the lot. (Enclosed, below grade parking is pemutted adjacent to the RSBL as well.) 2003 GEOFFREY FERRELL ASSOCIATES All Rights Reserved PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 30 Is FRONT PORCH:L i STOOP: 50x'. RSs s Ft w.1 RESIDENTIM % STOOP O! CAE STOREY r 8 FT MRI� FRONT PORCH 12 FT UAX' REWIRED (TYPO STOREYS ENCWRAGEO) PRIVACY FENCE NEIG COaeL 8 FT MIN FT MAX WOR HO P may Jul, duvi The principal building shall be between 18 ft and 35 ft to its Ea The accessory building shalt be no more than 18 IT to its Eaves. Any SIDEWING shall be no more than 15 ft to its Eawcs. The FRONT PORCH or STOOP finished floor elevation shall be between 28 and 60 inches above tike average fronting RSBL elevation. The first two stofeys shall have at least 8 feet 8 inches clear height for no less thin 80% of their area. For each usua Either the FRONT PORCH or, on buildings without FRONT PORCHES, the building facade shall be Built-To the REQUIl STREETBUILDING LINE (R5BL). SIDERRNG area construction shall be Built -To the PRIVACY BUILDING LINE (PBL) (generally the North or East side). The unit width shall be between IS ft and 30 ft. A madman of 6 units shall comprise one building. There shall be a ntiumum 10 ft gap between buildings where multiple buildings are built (except where otherwise designated on the REGULATING PLAN). The garage, vehicle parking (autos, trailers, boats, etc.) shall be kept within the designated Garage- Parking area (and /or as designated on the REGULATING PLl-t or enclosed uA below Bade ),..._. • FRONT PORCH or STOOP is required for each unit. • FRONT PORCH, between S ft and 12 ft deep with a width no less than 50% of the RSBL (not to inlude any SIDE STREET RSBL), shall be bro /t -to the REQUIRED STREET BUILDING LIVE (RSBL). A$TO( not more than 5 ft deep and 6 ft wide (parallel to tine RSBL) plus steps shall be built forward of the RSBL. FRONT PORCHES shall be done in contiguous groupings of no less than 2. PRR ACS FENCING, between 6 and 8 ft in height, shall be placed along any tmbuilt rear and CONMION LOT LINES (excluding Rowhouse sites with no BACK YARD or court)wd area). Residential, Home Occupation, and Bed and Breakfast Homestay uses are permitted on all floors. Ground Floor and Basement space may additionally include Neighborhood Commercial uses by right (see attached Specifications). Parking, occupant's workshop, Home Occupations, and Accessory Unit ( <500 Sq Ft) uses are pemutted in ate buildable area at the rear of the lot. (Enclosed, below grade parking is pemutted adjacent to the RSBL as well.) 2003 GEOFFREY FERRELL ASSOCIATES All Rights Reserved PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 30 Is RESIDENTIM HOMEOCf. some ac. CC. MO Acc' NEIG COaeL WOR HO P DOO xo >tE occ. may Jul, duvi The principal building shall be between 18 ft and 35 ft to its Ea The accessory building shalt be no more than 18 IT to its Eaves. Any SIDEWING shall be no more than 15 ft to its Eawcs. The FRONT PORCH or STOOP finished floor elevation shall be between 28 and 60 inches above tike average fronting RSBL elevation. The first two stofeys shall have at least 8 feet 8 inches clear height for no less thin 80% of their area. For each usua Either the FRONT PORCH or, on buildings without FRONT PORCHES, the building facade shall be Built-To the REQUIl STREETBUILDING LINE (R5BL). SIDERRNG area construction shall be Built -To the PRIVACY BUILDING LINE (PBL) (generally the North or East side). The unit width shall be between IS ft and 30 ft. A madman of 6 units shall comprise one building. There shall be a ntiumum 10 ft gap between buildings where multiple buildings are built (except where otherwise designated on the REGULATING PLAN). The garage, vehicle parking (autos, trailers, boats, etc.) shall be kept within the designated Garage- Parking area (and /or as designated on the REGULATING PLl-t or enclosed uA below Bade ),..._. • FRONT PORCH or STOOP is required for each unit. • FRONT PORCH, between S ft and 12 ft deep with a width no less than 50% of the RSBL (not to inlude any SIDE STREET RSBL), shall be bro /t -to the REQUIRED STREET BUILDING LIVE (RSBL). A$TO( not more than 5 ft deep and 6 ft wide (parallel to tine RSBL) plus steps shall be built forward of the RSBL. FRONT PORCHES shall be done in contiguous groupings of no less than 2. PRR ACS FENCING, between 6 and 8 ft in height, shall be placed along any tmbuilt rear and CONMION LOT LINES (excluding Rowhouse sites with no BACK YARD or court)wd area). Residential, Home Occupation, and Bed and Breakfast Homestay uses are permitted on all floors. Ground Floor and Basement space may additionally include Neighborhood Commercial uses by right (see attached Specifications). Parking, occupant's workshop, Home Occupations, and Accessory Unit ( <500 Sq Ft) uses are pemutted in ate buildable area at the rear of the lot. (Enclosed, below grade parking is pemutted adjacent to the RSBL as well.) 2003 GEOFFREY FERRELL ASSOCIATES All Rights Reserved PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 30 Is THE PENINSULA NEIGHBORHOOD SPECIFICATIONS: ROWHOUSE SITES IIEIGHT SPECIFICATIONS: Principal building height is measured from the highest REQUIRED STREET BUILDING LINE (RSBL) elevation (ALLEY or COMMON DRIVE frontage for accessory buildings) to the main eaves or other point specified on the BUILDING PLACEMENT STANDARD (Bps). FENCE and GARDEN WALL heights are measured from adjacent sidewalk (within 5 feet); when not fronting a sidewalk, heights are relative to the adjacent ground elevation. On EDGE LOTS, height for accessory buildings will be measured relative to the adjacent ground elevation on the STREET side of the accessory building. SITING SPECIFICATIONS: I. The buildings shall occupy only the specified (hatched) area of the lot. No part of any building (excepting overhanging eaves, BAY WINDOWS (not more than 30 "), steps (not more than 72') and chimneys (not more than 24 ") garden trellises and other light unroofed garden structures) shall occupy the remaining lot area. 2. No parts of any building excepting overhanging eaves, BAY WINDOWS, steps (not more than 72 ") and chimneys (not more than 24 ") shall encroach past the RSBL 3. Each unit of the building shall be built -to the RSBL. for the minimum specified percentage of the RSBL frontage: 50% for units with FRONT PORCIIES,(measuring the PORCH), 85% for units without, (measuring the facade),. That portion of the building shall be composed as a simple plane (limited facade jogs less than 24" and PORCHES, BAY WINDOWS (not more than 30 "deep), chimneys (not more than 24 "), STOOPS, and balconies are considered to be "a simple plane" within this requirement). 4. The SIDE STREET RSBL shall be bully -lo either by the building wall and/or PORCH for not less than 65% of Its length. That portion of the building wall shall be composed as a simple plane (limited facade jogs as listed above in Siting Specifications are considered to be "a simple plane" within this requirement) When a wrap- around PORCH is used; the building wall may step forward to the RSBL at the termination of the PORCH. 5.NON- RECTANGULAR LOT MEASUREMENTS: file unit width parameters and PORCH minimums shall be measured at the mid -point of the buildable area depth for the primary building (not to include the buildable area for any SIDE WING or accessory building). 6. At least 15% of the lot area, and all required side setbacks, shall remain open and not be built upon except for overhanging eaves, BAY WINDOWS (not more than 30 "deep), chimneys (not more than 24 "), STOOPS, cantilevered balconies, stoops, wood or composite decks and steps except where otherwise specified in the Code. 7. The Garage /parking setback shall he measured from the nearest ALLEYROW or the COMMON DRIVE edge of pavement. 8. CORNER LOTS: The fence requirements for CORNER LOTS additionally allow, where the OPEN SIDE of a lot fronts a SIDE STREET, a PRIVACY FENCE along that FRONTAGE as a substitute for the required FRONT YARD FENCE. This PRIVACY FENCE shall begin no closer than 20 feet from the comer (ROW intersection) of the frontage STREET. 9. Lots where the RSBL is curved: the FRONT PORCH or facade shall be aligned on a tangent to the curve. Where the lot face is convex to the porch the porch shall touch the RSBL at 2 points (where concave it shall touch at I point). ELEMENTS SPECIFICATIONS: 1) All lots bordering all ALLEY or COMMON DRIVE shall use the ALLEY or COMMON DRIVE as the sole means of automobile access to designated parking spaces, unless otherwise approved by the City. 2) Garage doors shall not face the RSBL. They must be at an angle of not less than 90 degrees from the RSBL. Unenclosed parking areas shall not be located within 20 feet of the STREET unless hidden by a GARDEN WALL. NEIGHBORHOOD COMMERCIAL USES: The following uses are permitted by right: 1) Retail or personal service establishments limited to the ground floor space within the existing structure. 2) Adult or child care homes. 3) Bed and Breakfast Homestays. 4) Offices limited to dental practices, general medical practices, insurance, real estate or travel agencies, accounting practices and law offices, limited to ground floor space within the existing structure. PARKING( Section 14.6N -1 B2g restricting the number of parking spaces that may back onto an ALLEY, may be waived if the site plan demonstrates to the satisfaction of the Building Official that parking spaces are configured so as not to impede traffic on the ALLEY. Off - street parking spaces for Neighborhood Commercial Uses are not required for the first 1500 square feet of floor area. Any Neighborhood Commercial Use that exceeds 1500 square feet of floor area shall be required to provide parking spaces according to Section 14 -6N -1 J for the area in excess of 1500 square feet of floor area unless a reduction of required number of off - street parking spaces is granted per Section 14 -6V. HOME OCCUPATIONS: Horne occupations are permitted subject to Zoning Regulations Section 14- 6M- 1(B)(6). ACCESSORY UNITS: ACCESSORY UNITS are permitted by right. For such units, the owner of the principal structure shall occupy at least one (1) of the units. Conversion of primary structure single - family units for multiple family uses is prohibited. PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD I THE PENINSULA NEIGHAORHOOD BUILDING PLACEMENT STANDARD LIVE WORK SITES PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 32 • ry of C/) W W V0 N THE PENINSULA NEIGHBORHOOD Live Work Sites EAVE HEIGHT Re trcet u� L 9 in9 n Rgswl6hu]\ MINX kLLEi ROW is FT OPEN PRIVACY FENCE BU pDEABI 8 FT MAX GARDEN AREA SIDE WING I ACB U SVO Y '6 IS AEA \£ EAE HEIGHT ow MAX F MAX SIYtl14G AREA 7o FT 10 R 4qn _ Pit. SNE V Y n. T I RE08D 3g5R FT - - RO'N_. _.� Re trcet u� L 9 in9 n Rgswl6hu]\ rt ne kLLEi ROW uIMw4 OPEN BU pDEABI GARDEN AREA •-"j ow X1rwN SIYtl14G AREA 7o FT Pit. SNE V Y "THIN T I WWII to FT 3g5R FT CK PA{R.�I� E � �F AIX 1 RxsL 1 Frasso vuv.s (PDL ONE or TWO STOREY B FT MIN Opli ade/POr <h 12 FT MAX GIRTH CpibnAl PRIVAYA�NCE i 8 FT MAX 0 'i NIN �0 � , RESIDENFL\L Houle ova BQBHONIEST. ONLY l Tlie principal building shall be beoveen 18 ft and 40 ft to its Eaves. The accessory building shall be no more than IS ft to its Eaves. Any SIDE\CTNG shall be no more than 15 ft to its Eaves, The ground floor elevation shall be between 3 and 18 inches above the average adjacent sidewalk elevation the first storey shall have at least 10 feet clear height for uo less than 80% of its area. All second and third storeys shall have at least 8 feet S incles clear height for no less than 80 % of their area. Tlie principal building shall be Builf -To the REQUIRED STREET BUILDING LINE (RSBL), as designated on the REGULATING PLAN. STDEICTNG AREA constriction shall be Built-To the PRINIACY BUILDING LANE (PBL) (generally the Nordi or East side). The unit middy shall be between 18 ft and 30 ft. A maximum of 8 units shall be contiguous as a single building. There shall be a minimum 10 ft gap between buildings where multiple live Work buildings are bu i t (except where othern5se designated on the REGULATING PLAN). The garage, vehicle puking (autos, trailers, boats, etc.) shall be kept within the designated Garage- Parking area (and /or as designated on the REGULATING PLAN). lC$ere provided, any Storefront Colonnade /Porch, shall be berawn S ft and 12 ft deep with a minimum width of 75 ono of the RSBL (not to include any SIDE STREET RSBL) mid a musimtml dear height of 10 feet aligned along the REQUIRED STREET BUILDING LINE, (RSBL). Such Storefront Colonnade /Porches shall exist only in contiguous groupings of 4 (units) or more. These may step forward of the RSBL provided thew is a continuous public access easement of at least 4 feet nmlung through them and provided that such an encroachment does not extend over the ROW. Residential, Home Occupation, and Bed and Breakfast Homestay uses are permitted on all Boors. Ground Floor aid Basement space may additionally include Neighborhood Commercial uses by right (see attached Specifications). Parking, occupant's workshop, Home Occupations, and Accessory Unit (<650 Sq Ft) uses are permitted in the buildable area at the rear of the lot. Nay 30, 2009 ® PODS GEOFFREY FERRELL ASSOCIATES LL,C, All Rl9hts Reserved PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 33 1) 0 THE PENINSULA NEICiH>ioRIIOOD SPECIFICATIONS: LIVE WORK SITES HEIGHT SPECIFICATIONS: Principal building height Is measured from the highest REQUIRED STREET BUILDING LINE (RSBL) elevation (ALLEY Or COMMON DRIVE frontage for accessory buildings) to the main eaves or other point specified in this BUILDING PLACEMENT STANDARD (BPS). PENCE and GARDEN WALL heights are measured from adjacent sidewalk (within 5 feel); when not fronting a sidewalk, heights are relative to the adjacent ground elevation. The ground storey finished floor elevation shall be between 3 and 18 inches above the average adjacent sidewalk elevation and shall have a minimum 10 ti clear height - SITING SPECIFICATIONS: 1. The buildings shall occupy only the specified (hatched) area of the lot. No part of any building (excepting overhanging eaves, BAY WINDOWS (not more than 30 "), steps (not more than 72 ") and chimneys (not more than 24 "), garden trellises and other light and unroofed garden structures shall occupy the remaining lot area. 2.No parts of any building excepting overhanging eaves, BAY WINDOWS (not permitted on the ground storey front fapade and in no case not more than 30 "), steps (not more than 30 ") and chimneys (not more than 24 ")shall encroach past the RSBL. 3. Each unit of the building shall be built -(o the RSBL for at least 75% of the unit's RSBL frontage width (measured on a per -unit basis). That portion of the building shall be composed as a simple plane (limited faeade jogs less than 24" and porches, BAY WINDOWS (not more than 30 "), chimneys (not more than 24 "), STOOPS, and balconies are considered to be "a simple plane" within this requirement). 4. The SIDE STREET RSBL shall be built -to either by the building wall and/or PORCH for not less than 60% of its length. That portion of the building wall shall be composed as a simple plane (limited fagade jogs as listed above in Siting Specifications are considered to be "a simple plane" within this requirement) when a wrap - around PORCH is used; the building wall may step forward to the RSBL at the termination of the PORCH. 5. NoN- RECTANGULAR LOT MEASUREMENTS: the unit width parameters and PORCH minimums shall be measured at the mid -point of the buildable area depth for the primary building (not to include the buildable area for any SIDE WING or accessory building). 6. At least 10% of the lot area, and all required side setbacks, shall remain open and not be built upon except for overhanging caves, cantilevered balconies, stoops, BAY WINDOWS (not more than 30'), chimneys (not more than 24 "), Wood or composite decks and steps -- except where otherwise specified in the Code. 7. The Garage /parking setback shall be measured from the ALLEY ROW or the COMMON DRIVE edge of pavement. 8. CORNER LOTS: The fence requirements for CORNER LOTS additionally allow, where the OPEN SIDE of a lot fronts a SIDE STREET, a PRIVACY FENCE along that FRONTAGE as a substitute for the required FRONT YARD FENCE. This PRIVACY FENCE Shall begin no closer than 20 feet from the corner (ROW intersection) of the frontage STREET. ELEMENTS SPECIFICATIONS: 1. All lots bordering an alley or common drive shall use the ALLEY or COMMONDRIVE as the sole means of automobile access to designated parking spaces, unless otherwise approved by the City. 2. Garage doors shall not face the RSBL. They must be at an angle of not less than 90 degrees from the RSBL. Unenclosed parking areas shall not be located within 20 feet of the STREET unless hidden by a GARDEN WALL, or below the fronting RSBL grade. NEIGHBORHOOD CommERcrALUsEs: The following uses are permitted by right: 1. Retail or personal service establishments limited to the ground floor space within the existing structure. 2. Adult or child care homes. 3. Bed and Breakfast Homestays. 4. Offices limited to dental practices, general medical practices, insurance, real estate or travel agencies, accounting practices and law offices, limited to ground floor space within the existing structure. PARKING: Section 14 -6N -1 B2g restricting the number of parking spaces that may back onto an ALLEY, may be waived if the site plan demonstrates to the satisfaction of the Building Official that parking spaces are configured so as not to impede traffic on the ALLEY. Off - street parking spaces for Neighborhood Commercial Uses are not required for the first 1500 square feet of floor area. Any Neighborhood Commercial Use that exceeds 1500 square feet of floor area shall be required to provide parking spaces according to Section 14.6N -1 J for the area in excess of 1500 square feet of floor area unless a reduction of required number of off- street parking spaces is granted per Section 14 -6V. HOME OCCUPATIONS: Home occupations are permitted subject to Zoning Regulations Section 14- 6M- I(B)(6). ACCESSORY UNITS: ACCESSORY UNITS are permitted by right. Conversion of primary structure single - family units for multiple family uses is prohibited PRINCIPLES AND REGULATIONS FOR TILE NEIGHBORHOOD 34 I THG PENINSULA NEIGHBORHOOD BUILDING PLACEMENT STANDARD for SMALL APARTMENT SITES PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 35 To THE PENINSULA NEIGHaoRHoov • r1 V1 i•�-1 Q� W STUE FLO`.TALE _ S1F££THU6Du:LlI::E (xSBL) P la 'le+n}' CM6#J D'N4i I 4 �J Et 1BlE s AAD .ntoTHIN 9a�r ACx''�AAD.IRFA 0.11HLV DR-t G SC ALOW xsle�t —II- I uWrm g LE . 901c) siFFEreu1L1)c* es %VIRN R BALCONIES FRONT PORCH L / Small Apartment RIR PETTED rm Upper Flax Units Sites 4 n0I vix r FRONT PORCH The principal building shall be between 22 ft and 48 ft to its Eaves. -q PERNUTTED 1 Fint Ft. Any accessory building or SIDEIVLCG shall be no more than 15 ft FTx+T eet Facades 11ON to its Eaves or parapet.- except %,,here fronting a STREET, where it atLY'4o'. CCESSORY DDILUNO may be up to 25 ft to its eaves or parapet. o MAX A% i8 FT TO EA�£5 -.. OR SIOCONG ON ALLEY OR MIN 22ft COVNC94 LOT LINE Any unbuilt STREET FRONTAGE or CO\LUON LOT LINE shall have 1--1 U TO EAVES OR 26ft TO MAX V 1O Gi R WALLS REO'D CAVE OR PARAPET COMNDN ON a GARDE?? \VALL or PRIVACY FENCE aloe. it, benieen 6 ft and 8 ft g W/ PARAPET TOP ALLEY a ALLEY TWA 6 FT WALL ha height 30 - ss In 1RED'0 ulNl Thu first floor finished elevation shag be b<ttceen 28 inches and 66 inches above the average fiontiog RSBL. Each unit shall have at least 8 feet 8 holies clear height for 80 % of its area (attic storey units excepted). • r1 V1 i•�-1 Q� W STUE FLO`.TALE _ S1F££THU6Du:LlI::E (xSBL) P la 'le+n}' CM6#J D'N4i I 4 �J Et 1BlE s AAD .ntoTHIN 9a�r ACx''�AAD.IRFA 0.11HLV DR-t G SC ALOW xsle�t —II- I uWrm g LE . 901c) siFFEreu1L1)c* es %VIRN R BALCONIES FRONT PORCH L / OALCONYL RIR PETTED rm Upper Flax Units fa!{xta[ sm % 4 n0I vix r FRONT PORCH fFTP1V --� nairawY -q PERNUTTED 1 Fint Ft. FTx+T eet Facades 11ON atLY'4o'. MAY L'l� CVV! The building shall be Brill -To not less than 50% of the REQUIRED STREET BUILDING LINE (RSBL) which is designated in the REGULATING PLAN. There are no required side setbacks, nit mnxinnutr, building nddth along the STREET FRONTAGE is 170 Lt. Not Im thmt 10°.0 of the Lot area shall be a contiguous BACK YARD. Any unbuilt STREET FRONTAGE or COMMON LOT LINE shall have a GARDEN \VAR. or PRIVACY FENCE along it, between 6 ft and 8 ft in height. The garage, puking for vehicles (autos, trailers, baits, etc.) mid garbage bins shall be at least 20 ft from any STREET FRONTAGE and not clearly visible from the STREET. FRONT PORCHES are permitted, between 8 and 14 feet deep and at least 33% of the RSBL in vichb. Alternately, a roofed Balcony is permitted on the 2sid A 3rd Floor units, between 5 and 7 ft deep and 6 and 10 ft wide. Parking, garages, and accessory uses may be placed to the rear of the lot. Parking shall be no closer than 20 ft to any STREET FRONTAGE unless ]ridden by a GARDEN (PALL at least 4 ft in height or below grade. Unenclosed puking shall be separated from adjacent less intense building type by a GARDEN WALL type PRIVACY FENCE. Residential, Home Occupation, and Bed and Binakfast Homestay uses are permitted on all floors. First Floor mid Basement space may additionally include Neighborhood Commercial uses by right (see attached Specifications). Parking, garages, and accessory uses may be placed are permitted in the buildable area at the rear of the lot. Parking shall be no closer that 20 ft to any STREET FRONTAGE and separated from adjacent use by a GARDE,\ \PALL or enclosed and below grade. 02D03 GEOFFREY FERRELL ASSO,LATES LIE All PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 36 N THE PENINSULA NuiiatiRoRHROR SPECIFICATIONS: SMALL APARTMENT SITES HEIGHr SPECIFICATIONS: Principal building height is measured from the highest REQUIRED STREET BUILDING LINE, (RSBL) elevation (ALLEY Or COMMON DRIVE frontage for accessory buildings) to the main eaves or other point specified on the BUILDING PLACEMENT STANDARD (BPS). FENCE and GARDBN WALL heights are measured from adjacent sidewalk (within 5 feet); when not fronting a sidewalk, heights are relative to the adjacent ground elevation. On BOOR LOTS, height for accessory buildings will be measured relative to the adjacent ground elevation on the STREET side of the accessory building. SITING SPECIFICATIONS: 1. The building(s) shall occupy only the specified area of the lot. No part of any building (excepting overhanging eaves, BAY WINDOWS (not more than 30 "), steps (not more than 72 ") and chimneys (not more than 30 "), garden trellises and other light and unroofed garden structures) shall occupy the remaining lot area. 2. No parts of any building excepting overhanging eaves, BAY WINDOWS (not more than 30 "), steps (not more than 72 ") and chimneys (not more than 30 ") shall encroach past the RSBL. 3. The building shall be built -to the specified RSBL for at least 50% of the RSBL width. That portion of the building shall be composed as a simple plane (limited fagade jogs less than 24" and porches, BAY WINDOWS (not more than 30 "), chimneys (not more than 30 "), STOOPS, and balconies are considered to be "a simple plane" within this requirement). For non - rectangular lots the 50% minimum shall be measured against the narrowest lot width within the first 30 feet of the buildable area. 4. The SIDE STREET RSBL shall be built -to either by the building wail and/or PORCH for not less than 50% of its length. That portion of the building wall shall be composed as a simple plane (limited fagadejogs, as listed above in Siting Specifications, are considered to be "a simple plane" within this requirement) when a wrap- around PORCH is used; the building wall may step forward to the RSBL at the termination of the PORCH. 5. At least 25% of the lot area, and all required side setbacks, shall remain open and not built upon except for overhanging eaves, cantilevered balconies , stoops, BAY WINDOWS (not more than 30 "), chimneys (not more than 30 "), and decks except where the Code specifies otherwise. 6. The Garage /parking setback shall be measured from the ALLEY ROW or the COMMONDRIVE edge of pavement. 7. The fence requirements for CORNER LOTS additionally allow a PRIVACY FENCE along the SIDE STREET FRONTAGE as a substitute for the required FRONT YARD FENCE. This PRIVACY FENCE shall begin no closer than 20 feet from the corner (ROW intersection) of the frontage STREET. ELEMENTS SPECIFICATIONS: 1. All lots bordering an ALLEY Or common drive shall use the ALLEY or COMMON DRIVE as the sole means of automobile access to designated parking spaces, unless otherwise approved by the City. 2. Garage doors shall not face the RSBL. They must be at an angle of not less than 90 degrees from the RSBL. Unenclosed parking areas shall not be located within 20 feet of the STREET unless hidden by It GARDEN WALL, or below the fronting RSBL grade.. 3. If a balcony is used, the roof requirement can be satisfied if the balcony is directly below, and posting up to, another roofed balcony. NEIGHBORHOOD CoMMBRCtAtL, USES: The following uses are pemnitted by right: 1. Retail or personal service establishments limited to the ground Boor space within the existing structure. 2. Adult or child care homes. 3. Bed and Breakfast Homestays. 4. Offices limited to dental practices, general medical practices, insurance, real estate or travel agencies, accounting practices and law offices, limited to ground floor space within the existing structure. PARKING: 1. Section 14 -6N -I B2g restricting the number of parking spaces that may back onto an alley, may be waived if the site plan demonstrates to the satisfaction of the Building Official that parking spaces are configured so as not to impede traffic on the alley. 2. Off - street parking spaces for Neighborhood Commercial Uses are not required for the first 1500 square feet of floor area. Any Neighborhood Commercial Use that exceeds 1500 square feet of floor area shall be required to provide parking spaces according to Section 14 -6N -1 I for the area in excess of 1500 square feet of floor area unless a reduction of required number of off- street parking spaces is granted per Section 14 -6V. HOME OCCUPATIONS: Home occupations are permitted subject to Zoning Regulations Section 14- 6M- I(B)(6). PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 37 A© TRI3 PENINSULA NEIGHBORHOOD BUILDING PLACEMENT STANDARD for BUNGALOW SITES PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 38 THE PENINSULA NEIGHBORHOOD Bungalow Sites EAVEHE*HT- 25 FT Max it FT WI _ I Property Wes ' ASK I iT7o' Gomm; Osi ll�� /JLRAIDY CPEH StSE SEIRA�N Of ANY !,Of WIME PARKM :4T MAX AREA . . I AREA ( �A9i1IN ' SETBASX HSK C— 1 Prop.l.tses� I I FRONT PORCH SHOULD BE My T DEEP 8 NO LESS THAN 40% OF &rl>f.0 1 MTH RESIDENTIAL & HOME OCC. I I RESUENTIAL MME OCC. The principal building shall be between l I and 25 ft to its Eaves. Optional FRONT YARD FENCES shall be between 30 and 40 inches in height FRONT PORCH Door elevation shall be between 24 and 60 inches above the average front property line elevation- The fast storey shall have at least 8 feet 8 inches dear height for not less than 75 % of its uea. p„usap�„ulit S�,,:.�w.,w.. ,,. ,..�.W.c ...... .......... (DING LINE (RSBL), as designated on the REGULATING PLAN minimum side Setback is 4 ft. REGULATING PLAN may designate a required PRIVACY DDINGS LINE wh ich should be respected unless otherwise ap. ed by the City. garage may be attached to, or integral to, the principal building and Ould be kept within the rear 42 Feet of the Buildable Area. Uncovered rking (autos, trailers, boats, etc) should be limed to the rear 22 feet of Buildable area- (Enclosed, below grade pukingis permitted adjacent the RSBL as well) A FRONT PORCH should be built to within 6' of the MET, and should be a minimum of 7' deep with a widths no less than 40% of the building wdth- A PRIVACY FENCE, between 6 and 8 ft in height, may be constructed to delineate between open space and rear and COsMt ION LOT LINES (except within the FRONT YARD uea which may only have a FRONT YARD FENCE). right subject to I. City Zmung Regulations) uses ue permitted. ocmpant's workshop, Home Occupation, and TORY UNIT uses Are permitted in the buildable area at the to lot ( Erclosed, below grade parking is permitted to the RSBL as well) PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 39 THE PENINSULA NEIGHBORHOOD SPECIFICATIONS: BUNGALOW SITES HEIGHT SPECIFICATIONS: Principal building height Is measured from the highest REQUIRED STREET BUILDING LINE (RSBL) elevation (ALLEY or COMMON DRIVE frontage for accessory buildings) to the main eaves or other point specified on the BUILDING PLACEMENT STANDARD (BPS). FENCE and GARDEN WALL heights are measured from adjacent sidewalk (within 5 feet); when not fronting a sidewalk, heights are relative to the adjacent ground elevation. On EDGE LOTS, height for accessory buildings will be measured relative to the adjacent ground elevation on the STREET side of the accessory building. SITING SPECIFICATIONS: The buildings shall occupy only the specified (hatched) area of the lot. No parts of the buildings (excepting overhanging eaves, BAY wINDOWS (not more than 30 "), steps (not more than 72 ") and chimneys (not more than 24 ") garden trellises and other light and unroofed garden structures) shall occupy the remaining lot area. The building or the FRONT PORCH, depending on which is foremost on the lot, shall be built to the specified RSBL for at least 20% of the principle BUILDING width as measured at its widest point. (The width measurement should not include limited fagade jogs, porches, chimneys, STOOPS, BAY WINDOws, or balconies along the building side.) The portion of the building that is built to the RSBL shall be composed as a simple plane (limited fagade jogs less than 24 ", porches, chimneys (not more than 24 "), STOOPS, BAY WINDOWS, and balconies are considered to be "a simple plane" within this requirement). The principal building should be at least 22 ft wide for at least 35% of the building depth. The SIDE STREET RSBL shall be built -to either by the building wall and/or PORCH for not less than 25% of its length. That portion of the building wall shall be composed as a simple plane (limited jogs, as listed above in Siting Specifications, are considered "a simple plane" within this requirement). When a wrap - around PORCH is used; the building wall may step forward to the RSBL at the termination of the PORCH. At least 25% of the lot area, including all required side setbacks, shall remain open and unpaved and not be built upon (nor used for parking) except for overhanging eaves, cantilevered balconies, stoops, BAY WINDOWS (not more than 30 "), chimneys (not more than 30 "), wood decks, and in the rear only, gazebos, green houses and steps except where otherwise specified in the Code. The Garage /parking setback shall be measured from the ALLEY ROW or the conmaoNDRIvE edge of pavement. CORNER LOTS: The fence requirements additionally allow a PRIVACY FENCE along the SIDE STREET FRONTAGE as a substitute for the required FRONT YARD FENCE. This PRIVACY FENCE shall begin no closer than 20 feet from the corner (ROW intersection) of the frontage STREET ELEMENTS SPECIFICATIONS: All lots bordering an ALLEY shall use the ALLEY as the sole means of automobile access, unless otherwise approved by the City. Garage doors shall not face the front RSBL. They must be at an angle of not less than 90 degrees from the front RSBL. Unenclosed parking areas shall not be located within 20 feet of the STREET unless hidden by a GARDEN WALL. HOME OCCUPATIONS: Home occupations are permitted subject to Zoning Regulations. ACCESSORY UNITS: ACCESSORY UNITS are permitted by right. For such units, the owner of the principal structure shall occupy at least one (1) of the units. Conversion of primary structure single - family units for multiple family uses is prohibited. PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 40 I_ TiiE PENINSULA NEWRB0RHOOD BUILDING PLACEMENT STANDARD for MULTI -UNIT BUILDINGS PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 41 1O t"� b!J . t-4 Q� A •s"I V1 �a---11 �fW i•*�1 a] W p��) / THE PENINSULA NEIGnBaRHOOta Multi -Unit Building Sites etAX45FT tOEAVES Rli IM TO EAVES Str4tlftgVbaxrAYSna1 L..ItG _ _ Ps�LFa T 14 Wt;y itYAW Bsafatb area N ace d I Aaaeat �I oclrix4A ko classed lrW I art class vfe 1 20,000 asIH \ ET "MET I " I J � I ra#lI '••+.•,J _�•..•..• CGASKKI Lot LFE MIDENIIAL HOME06C. BkBHO?IEST. ONLY � The prvuipil building should be between 18 ft and 48 R to a Eaves. Any weessoay budding should be no mom that 18 ft to in Eaves. Any SIDEWING should be no ... ore thm 15 ft to its E.I. The ground floor ekvation should be between28 and (O inches above the average adjacent public sidewalk elevation. The fast storey should have it lout feet class ]might for no less than 60% of its area. Al uscemsediee stories should have atkat 8 feet 8 inches cle w height for no less thin 80 °!e of their as All top stories should have at leat8 Rcleu heightwithvoluma ceilings per elevition. The pauripilbuddug ud azy sseRce hwd pulasg shoddbe belt a1nsiusmn cE 15 R awayRan uy STREET orpubk Right- of-way (R0", 7' amyfran ay COMMON LOT LINE ands aidnemws If3 R away Ran my A1byROW. Ifa PRIVACY BUILDING LINE (PBL) L bscisdad at de loo alI SIDMING AREA cauhirrionslmutdbe Pcrkl'a tle PBL Tle Maximo "Widthcf the PabwyBiWatiatgiloaig anydmcet tfonuge is 200 R. 7m mucamu"A wnble squrre footage of the pum nybauld ngfootprYnis 20)C00. Aaiitrdnratofl04A ofdelotacesshouldaem MbWtmdmtpamd Tlece shouldletonamon 10t gapptud nMdldnw�ndre mvllon MUH bi GUL ace Mdlt on, std lot �xceptwlre othawlx ,bs(gsated on Br REGULATINGPLAN} The gram, veh0b puling (aura, naaeis, boats, etc.) should be kptudilth de sub -grade basement ace, a at but 20 ft front my STREET FRONTAGE ad be 31th64d,ed9sceby Be Pa¢nuy Baldasg or Privacy Tear a /Gaden Wal but is betvms 64 ft Hot so as to xmt be da slyusble fra"de STREET. Where provided, my Colowide(Posh /Bakonyshould be between6 R and 12 ft deep wrth i ninsv"untwidth of25% ofthe indiuduil unit width and a minimum char height of 9 ft on the fast floor snag k on 2nd &3rdfloos. Elements, such Colomudes jPoshes(Bakonies and Bay Windows map project forward from the pamipil budding provided the the depth of swill mjectiom are equal to no moce thatim ofwutwidsh and do not extend any closer thin within 7 R of any ROW nor enciowh upon anyeaenenu. Residentiil, Home Occupation, aid Bed and Break fat Ho..mstry was as pe nitres on all flcoas. Flat Floor space ..say additionally include reign othood commesid was by right (See utwhod specifications) Basentew/ ubgrade space may additiondlyncludepaaking wet by light Packing, occupmt4 workshop, Hone Occupations, aid Accessory Urdt ( <6.r.0 Sq F� uses ate permitted in the buildable aea a the rear of the lot PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 42 THE PENINSULA NEIGHPORHOOD SPECIFICATIONS: MULTI -UNIT BUILDING SITES HEIGHT SPECIFICATIONS: Principal building height is measured from the highest adjacent sidewalk elevation (ALLEY or COMMON DRIVE frontage for accessory buildings) to the mnin eaves or other point specified in this BUILDING PLACEMENT STANDARD (BPS). FENCE and GARDEN WALL heights arc measured from adjacent sidewalk (within 5 feet); when not fronting a sidewalk, heights are relative to the adjacent ground elevation. Tire ground storey finished floor elevation shall be between 28 and 60 inches above the average adjacent sidewalk elevation and shall have a minimum 9 R clear height. SITING SPECIFICATIONS: I. The buildings shall occupy only the specified (hatched) area of the lot, with the exception of colonnades, porches, balconies, overhanging caves, bay windows, steps, ramps, chimneys (not more than 24 "), garden trellises (and other light and unroofed garden structures). 2. The principle building should be built no closer than 15 feet of any STREET or public Right -Of -Way and no closer than 7 feet of any common lot line. That portion of the building shall be composed as a simple plane (limited f tyade jogs less than 24" and porches, BAY WINDOWS (not more than 30 "), chimneys (not more than 24 "), STOOPS, and balconies are considered to be "a simple plane" within this requirement). 3. There should be a minimum 10 ft gap between buildings where multiple MUB buildings are built on a single lot (except where otherwise designated on the REGULATING PLAN). 4. At least 10% of the lot area, including all required setbacks, shall remain open mid not be built upon except for overhanging eaves, cantilevered balconies, stoops, BAY WINDOWS (not more than 30 "), chimmreys (not more than 24 "), wood or composite decks steps and ramps -- except where otherwise specified in the Code. 5. Minimum Garage /parking setbacks of 3 feet shall be measured from the ALLEY ROW or the COMMON DRIVE edge of pavement. 6. Minimum Garage /parking setbacks of 20 feet shall be measured from any Street Frontage or Public Right-Of-Way and be shielded from clear view of the street by a PRIVACY FENCE or GARDEN WALL. 7. Minimum Garage /parking setbacks of 7 feet shall be measured from any COMMON LOT LINE and be shielded from clear view of the neighboring property by a PRIVACY FENCE or GARDEN WALL. ELEMENTS SPECIFICATIONS: I. Elements, such Colonnades/Porches/Balconies and Bay Windows may project forward from the principal building provided that the depth of such projections are equal to no more than 30% of unit width and do not extend any closer than within 7 ft of any ROW nor encroach upon any municipal easements. 2. Overhanging eaves, BAY WINDOWS, steps, ramps, chimneys (not more than 24 "), garden trellises (and other light and unroofed garden structures) may project from the principle building provided they do not extend any closer than within 7 8 of any ROW nor encroach upon any municipal easements. 3. All lots bordering an alley or common drive shall use the ALLEY or COMMON DRIVE as the sole means of automobile access to designated parking spaces, unless otherwise approved by the City. 4. Garage doors shalt be blocked of clear view of the STREET by either a GARDEN WALL or a PRIVACY FENCE. Unenclosed parking areas shall not be located within 20 feel of the STREET unless hidden by a GARDEN WALL or PRIVACY FENCE, NEIGHBORHOOD COMMERCIAL USES: The following uses are penrtilted by right: Retail or personal service establishments limited to the ground floor space within the existing structure. Adult or child care homes. Bed and Breakfast Honestays. Offices limited to dental practices general medical practices, insurance, real estate, or travel agencies, accounting practices and law offices, limited to ground floor space within the existing structure. PARKING: Section 14 -6N -1 132g restricting the number of parking spaces that may back onto an ALLEY, may be waived if the site plan demonstrates to the satisfaction of the Building Official that puking spaces are configured so as not to impede traffic on the ALLEY. Off- street parking spaces for Neighborhood Commercial Uses are not required for the first 1500 square feet of Floor area. Any Neighborhood Commercial Use that exceeds 1500 square feet of floor area shall be required to provide parking spaces according to Section 14 -6N -I J for the area in excess of 1500 square feet of floor area unless a reduction of required number of off - street parking spaces is granted per Section 14- 6V. HOME OCCUPATIONS: Home occupations are permitted. ACCESSORY UNFFSI ACCESSORY UNITS arc permitted by right. Conversion of primary structure single-family units for multiple family uses is prohibited. PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 43 iP THFi PENINSULA NEIGHBORHOOD THE PENINSULA NEIGHBORHOOD AMENDMENT SECTION PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 44 0 THE PENINSULA NEIGHBORHOOD CITY PERMITTING To ensure compliance with the Peninsula Neighborhood Code, the Building Official shall review and approve all applications for building permit relating to exterior construction prior to issuance of a building permit. A letter from the PENINSULA NEIGHBORHOOD ARCHITECTURAL REVIEW BOARD is necessary for the Building Official to issue a building permit. The letter must certify that the proposed building, building modification or addition, where relating to exterior construction, meets the parameters of The Peninsula Neighborhood Covenants & Deed Restrictions. CODE AMENDMENTS Amendments to the Peninsula Neighborhood Code shall be reviewed and approved as an amended Planned Development Housing Overlay Zone (OPDH) in accordance with the City of Iowa City Zoning Ordinance, Chapter 14 -6J -2. Petitioners shall submit an application and other such information as required by the Peninsula Code and Zoning Ordinance. The application shall include evidence that the proposed amendment conforms to traditional neighborhood or urban design principles as found in the Charter for the Nei, Urbanism published by the Congress for New Urbanism (CNU), or such other reference works generally recognized by CNU- affiliated design professionals to be authoritative. Such evidence shall be certified by a qualified individual having experience in traditional neighborhood or urban design and being a CNU member in good standing. The City of Iowa City may request resumes, references, and other information and shall make a determination as to whether such reference works or individuals are qualified. Approved amendments to the Peninsula Neighborhood Code shall be incorporated within the body of the document. PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 45 11 THE PENINSULA NEIGHBORHOOD Revised on 4/19/2007 3:05 PM to include Building Placement Standards and Specifications for the Bungalow and Multi -Unit Building types. Original: 6/4/2003 1:42 PM The Peninsula Neighborhood Code, which includes the Regulating Plan and the Building Placement Standards, has been prepared for use in the Peninsula Neighborhood. All copyrights and publishing rights are exclusively reserved by Geoffrey Ferrell Associates. The City of Iowa City and Terry L. Stamper Holdings, L.L.C. are granted full use of this manual for the promotion, permitting, regulation, development and management of the Peninsula Neighborhood, including copying and distribution to interested parties upon their request as a matter of public record for the parts of the Code that will be adopted as City ordinance. All reproductions and publications of this manual, in whole or in part, shall carry die following credit: "Geoffrey Ferrell Associates, Washington, D.C." This manual may not be otherwise photocopied, in whole or in part, without the expressed written permission of Geoffrey Ferrell Associates, and may not be used for any other purposes whatsoever. Under the terms of the Declaration of Covenants, Conditions and Restrictions for the Peninsula Neighborhood, the Peninsula Neighborhood Code is binding on all parties having an interest in any portion of the community, and each owner is required to comply with the requirements set forth herein. The Peninsula Neighborhood Code may, from time to time, be updated and revised via approved procedures by the City of Iowa City and the Peninsula Neighborhood management organization. GEOFFREY FERRELL ASSOCIATES L.L.C. 19 14th Street S.E. Washington D.C. 20003 telephone (202) 547.7141 facsimile 547 -7151 GEOFFFERRELLO3rARFOWERMET WWW. GEOFFREYFERREI.L. CO Ni PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 46 OV Doc ID: 020840800004 Tvoe: DEN Recorded: 05/04/2007 at 11:20:31 AM Fee Amt: 822,00 Peas 1 of 4 Johnson Countv Iowa Kim Painter Countv Recorder 13K4155 PG456.459 FE6 STATE OF IOWA ) ) SS JOHNSON COUNTY ) i r i ®.III ®- � +. W1®1 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 taste and correct copy of Ordinance No.07 -4259 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 1" day of May, 2007, all as the same appears of record in my office. Dated at Iowa City, Iowa, firs 3rd day of May, 2007. Marian K. Karr City Clerk \ord 1010 l q\ �a Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5239 ORDINANCE NO. 07 -4259 AN ORDINANCE REZONING APPROXIMATELY 5.75 ACRES OF PROPERTY LOCATED ALONG A PORTION OF SOUTH GOVERNOR AND BOWERY STREETS FROM NEIGHBORHOOD STABILIZATION RESIDENTIAL (RNS -12) ZONE TO MEDIUM DENSITY SINGLE FAMILY (RS -8) ZONE, (REZ07- 00002) WHEREAS, the applicants, Martha Greer and Suzanne Bentler, have requested a rezoning of properties located along South Governor Street and adjacent property along Bowery Street; and WHEREAS, the property is currently zoned Neighborhood Stabilization Residential; and WHEREAS, the predominant land use in the proposed area is single - family; and WHEREAS, the owners of all duplexes in the area, which would be made non - conforming in the RS -8, are in support of the rezoning; and WHEREAS, there will be no change in status for the three multi - family uses in the area, which are already considered non - conforming in the RNS -12 zone; and WHEREAS, the proposed RS -8 rezoning would reduce the number of non - conforming lots due to special bonus density provisions in the RS -8 zone; and WHEREAS, the Comprehensive Plan includes goals to preserve the integrity of existing neighborhoods and the historic nature of older neighborhood and to balance housing types within older parts of the City; and 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 Neighborhood Stabilization Residential (RNS -12) to Medium Density Single Family (RS -8). Lots 4 -10, Berryhill's 2n4 addition, block 2 AND Lots 11 -S'/ Lot 17 Berryhill's 2nd addition, block 1 AND Strohm's addition: Lot 21, Block 1 & Commencing NE Corner of Lot 21 Thence W150', N12' E 150' and S 12' to Beginning AND Jerome's Addition: N 1 10' of Lot H , Lot I, and E 30' of Lot J AND Jerome's Addition: E 4' of Lot 0 - Lot R AND Jerome's Addition: Lot T —w 41 % ' of lot W 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. The City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. v� Ordinance No. 07_[,259 Page 2 Passed and approved this ist day of May -,20 07 . MAYOR ATTEST: 7 e CITY-CLERK App YOQed by l" CityAttordey's 'ffke ppdadnVordtrez07- 00002.do V\ Ordinance No. 07 -4259 Page 3 It was moved by Bailey and seconded by Vandarbnaf that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Elliott x O'Donnell x Vanderhoef x . Wilburn First Consideration 4/16/NO7 Vote for passage: AYES: Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef. NAYS: None. ABSENT: None. Second Consideration ------- - - -- Vote for passage: Date published 5/9/2007 Moved by Bailey, seconded by Vanderhoef, 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: Correia.; Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: None. 11/\ I'LL IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIININIIIIIIIIIIIIIIIIIIIIIII Doc ID: 020849830004 Type: OEN Recorded: 05/14/2007 at 03:13:20 PM Prepared by Sarah Walz, Planning Associate, 410 E. Washington, Iowa City, IA 52240; 319/356 -5230 Fee Amt: $22, 00 Paoa 1 of 4 Johnson Countv Iowa DECISION Kim Painter County Recorder IOWA CITY BOARD OF ADJUSTMENT BK4159 P043 -46 WEDNESDAY, MARCH 28, 2007 EMMA J. HARVAT HALL r -a MEMBERS PRESENT: Carol Alexander, Edgar Thornton, Michelle Shelangouski Ned Wood, Michael Wright MEMBERS ABSENT: NONE c� STAFF PRESENT: Eric Goers, Sarah Walz J —'.- OTHERS PRESENT: Bryan Svoboda, Glenn Siders, Anna Bus, David Fry, Jerry Anthony n� SPECIAL EXCEPTION ITEMS: 1. EXC07- 00001: a public hearing regarding an application submitted by Bryan Svoboda for a special exception to allow a reduction in the required front yard setback for property located in the Low Density Single- Family (RS -5) zone at 526 West Park Road. Findings of Fact: The Board finds that the subject property is located on a corner lot and is therefore required to provide a front yard setback along both the Hutchison Avenue and West Park Road frontages. The Board finds that Hutchison Avenue dead ends at the rear of the property where the topography drops off. The Board finds that, while this portion of the street right -of -way provides frontage for a portion of the property located at 524 West Park Road, due to the steep topography it is highly unlikely that Hutchison Avenue would ever be extended beyond its current terminus. The Board finds that this portion of Hutchison Avenue is not constructed to public street standards in terms of paving, street width, curb and gutter, and sidewalks and that the street is maintained by the property owners at 526 and 604 West Park Road. In all practical sense, this portion of right -of -way serves as private access to the adjacent properties. The Board finds that there is no parking along West Park Road and that all parking is provided along a non - conforming parking area to the rear of the house. The Board finds that the property at 526 West Park Road already includes a non - conforming kitchen addition, which is established 5 feet from the property line. The Board finds that applicant proposes to create a kitchen addition to the non - conforming portion of the building in order to provide a direct connection between the kitchen and family room on the ground floor of the house as well as a more accessible entrance to the house from the Hutchison Avenue side of the house. The Board finds that the addition proposed by the applicant will close off access to a non- conforming garage and carport, which are located 15 feet from the street right -of -way line. Conclusions of Law: Because Hutchison Avenue is not built to street standards and because in all practical sense it functions as a private drive for the adjacent property owners at 526 and 604 West Park Road, the Board concludes that the situation is peculiar to the property. Because of the separation between properties created by the existing right -of -way the Board concludes that granting the special exception will not be contrary to the purpose of the setback regulations. The Board concludes that given the configuration of this dead -end section of Hutchison Avenue, the requested reduction in the setback will not alter the general building scale of placement of the buildings along the frontage nor will it be 2v incompatible with other buildings in the vicinity. The Board concludes that any negative impacts of the reduction in the setback are mitigated by the closing off of the non- conforming garage and carport. The Board concludes that the proposed special exception will not be detrimental to or endanger the public health, safety comfort or general welfare, will not be injurious to the use and enjoyment of the property in the vicinity, and will not diminish property values in the neighborhood. The Board concludes that the establishment of the proposed special exception will not impede the normal and orderly development and improvement of surrounding property and adequate utilities, access roads, drainage and necessary facilities are being provided. The Board concludes that the reduction in the setback along Hutchison will have no impact on ingress and egress from the site and that in all other respects the special exception conforms with the code and is not in conflict with the Comprehensive Plan. Disposition: By a vote of 5 -0 the Board approves EXC07- 00001, an application submitted by Bryan Svoboda for a special exception allowing a reduction in the required front yard setback for property located in the Low Density Single - Family (RS -5) zone at 526 West Park Road from 15 feet to 5 feet subject to general conformity with the submitted site plan. 2. EXC07- 00002: a public hearing regarding an application submitted by Nordstrom Oil for a special exception to allow a drive -in restaurant with a drive up window for property located in the Community Commercial (CC -2) zone at 1902 Broadway Street and 1906 Broadway Street. Findings of Fact: The Board finds that the subject property is located in a CC -2 zone at the corner of Highway 6 and Broadway Street and that drive - through facilities are allowed by special exception in the zone. The Board finds that the subject lot is adjacent to a residential zone to its south and that an undeveloped CO -1 lot is situated between the subject property and another residential zone to the east. The Board finds that the property is subject to a Conditional Zoning Agreement (CZA) that includes requirements for additional screening and architectural design elements to mitigate effects on the adjacent residential neighborhood and that the proposed site plan includes all of the required elements, including a 5 -foot masonry wall with a one foot berm as part of the screening along the south property line. The Board finds that the site plan shows all screening required by code and by the CZA with the exception of the required S2 screening between the dumpster enclosure and the adjacent CO -1 property, which must be added before the issuance'of any permit. The Board finds that the drive - through window for the facility is located on the northwest side of the building, away from the residential zone. The Board finds that the facility includes two drive -in canopies located on the east side of the building. The Board finds that the applicant has proposed hours of operation from 6:30 am until midnight. The Board finds that all customer activity on the site will occur outside the building at the canopies, drive - through window and outdoor patio seating. The Board finds that the applicant has submict�d_ -= information indicating that the intercom system will not be audible at the distance oftbe neighboring residential property and that the applicant has indicated that upon complaint,^ the restaurant is able to adjust the volume of the system. r.� ti� The Board finds that traffic will enter the site from Broadway Street at the south end of the property via a two -way access drive shared with the adjacent CO -1 property. The Board finds that the sidewalk along Broadway Street is a pedestrian route used by children going to and from school. The Board finds that traffic will circulate through the lot via a 1 -way drive. The Board finds that the drive through window lane provides 3 stacking spaces and the order board provides two stacking spaces. The Board finds that all lighting on the site is in compliance with the outdoor lighting standards in the zoning code. The Board finds that the site plan includes a dumpster enclosure, which the applicant stated will be constructed to match the building. Conclusions of Law: Because of the careful attention to architectural design of the facility and additional screening stipulated in the CZA, the Board concludes that the proposed use will be compatible with the surrounding property. The Board concludes that by limiting the hours of operation on the easternmost canopy to 10 pm Sunday — Thursday and 11:00 pm Friday and Saturday, and by requiring that when not in use that all canopy lighting, including the patio lighting, be dimmed to 50 %, the use will not be detrimental to the surrounding property. The Board concludes that a litter control plan, including proposed placement of trash bins, is necessary to insure that the use is not injurious to the use and enjoyment of property in the immediate vicinity. With these additional conditions, the Board concludes that the proposed special exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. The Board concludes that the transportation system along Broadway Street and Highway 6 is capable of safely supporting the use. The Board concludes that installation of pedestrian signage at the exit drive from the site and limiting the height of vegetation directly adjacent to the entrance /exit portion of the drive will insure pedestrian safety. Therefore, 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 district. Further, the Board concludes that adequate utilities, access roads, drainage and or necessary facilities are being provided and adequate measures have been taken to provide ingress and egress designed to minimize traffic congestion on public streets. Finally, the Board concludes that based on the design and screening proposed for the site, that the proposed exception will be consistent with the Comprehensive Plan. Disposition: By a vote of 3 -2 (Wright and Wood voting in the negative) the Board approves EXC07- 00002, a special exception to allow a drive - through facility in a CC -2 zone, located at the corner of Highway 6 and Broadway Street subject to compliance with the submitted site plan and elevations, all conditions of the Conditional Zoning Agreement for the property, and the following additional conditions: 1. The east drive -in canopy hours will be limited to 10 pm Sunday- Thursd &,and 1i-'.pm Friday- Saturday and all canopy lighting, including lighting in the outdoor eaiing area, will be dimmed to 50 % when not in operation. r CD 2. Canopies will comply with the CZA for the property and be constructed of material and color subject to staff approval. r� 3. The dumpster located along the CO -1 property line at the northeast section--o—f the lot- - must be in an enclosure and screened from the CO -1 property to the S2 standard. .,y I/ /'V 4. Vegetation directly adjacent to the drive entrance /exit from Broadway Street will be held to a maximum height of 3 feet. 5. All illuminated signage is limited to the west and north sides of the building. 6. The applicant will provide a litter control plan, including the location of trash bins to control litter in the public right -of -way and on adjacent properties to the east and south of the subject lot. 7. The applicant will install pedestrian crossing signage or a stop sign adjacent to the sidewalk at the exiting drive onto Broadway Street. 8. That all other aspects of the site design will be subject to substantial compliance with the site plan submitted. 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 Ci,tK,.lowa. ( —, -V - A roved by: Carol Alexander, Ch 'rperson `_= —���? City Attorney's Office STATE OF IOWA JOHNSON COUNTY I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 28th day of March, 2007, as the same appears of record in my Office. Dated at Iowa City, this �� X71 day of /?Ectg , 2007 Mari n K. Karr, City Clerk Iv �GU IIIIIIIIIIIIIINIIIIilllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Doc ID: 020849810002 TVDe: GEN Recorded: 05/14/2007 at 03:11:51 PM Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 5224% 319/356 -5230 Pee Amt: $12.00 Paoe 1 of 2 Johnson Countv Iowa Kim Painter Countv Recorder DECISION IOWA CITY BOARD OF ADJUSTMENT BK4159 P °4142 WEDNESDAY, APRIL 11, 2007 EMMA J. HARVAT HALL MEMBERS PRESENT: Michelle Payne, Edgar Thornton, Ned Wood, Michael Wright- MEMBERS ABSENT: Carol Alexander STAFF PRESENT: Sarah Holecek, Sarah Walz _ T OTHERS PRESENT: Chris Stephan, Mike Wolf SPECIAL EXCEPTION ITEMS: 1. EXC07 °00003: a public hearing regarding an application submitted by CMC -West Lucas LLC for a special exception to allow a 50% reduction in the parking requirement from 76 parking spaces to 38 spaces for a proposed manufacturing plant located on properly in the Heavy Industrial (1 -2) zone north of Izaak Walton Road. Findings of Fact: The Board finds that the proposed use is located in the heavy industrial zone and that the applicant is in the process of rezoning the property to General Industrial (I- 1). The Board finds that the development proposed manufacturing facility will impact wetlands in the area, and that the applicant is going through the Sensitive Areas Development Plan review process as part of the rezoning. The Board finds that the property is adjacent to the Izaak Walton League property, which is considered a recreation area /open space. The Board finds that the parking requirement, based on the square footage of the building, is 76 spaces and that the applicant has asserted that no more than 25 employees are required to run the plant, which is highly automated. The Board finds that the zoning code discourages the development of excessive parking. The Board finds that access to the property, including the parking area, will be provided from Izaak Walton Road and that the County Engineer has determined that the road is adequate to serve this use. Conclusions of Law: Based on information provided by the applicant, the Board concludes that the requirement for 76 parking spaces is excessive and that a 50% reduction will provide adequate parking for the proposed use. Due to the potentially negative aesthetic and environmental impacts associated with large impervious surfaces, the Board concludes that the reduction in parking will not be detrimental to the public health, safety, comfort or general welfare and will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not diminish or impair property values in the neighborhood. The Board concludes that a reduction in the required parking will not impede the normal and orderly development and improvement for the surrounding property for uses permitted in the district in which such property is located. 10 Disposition: By a vote of 4 -0 the Board approves EXC07- 00003, a special exception submitted by CMC -West Lucas, to reduce the number of required parking spaces within the 1 -2 and /or 1 -1 zone from 76 to 38 spaces, for property located along Izaak Walton Road, subject to submittal and approval of a site plan demonstrating compliance with all design and screening requirements for off - street parking in Industrial Zones. 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 STATE OF IOWA JOHNSON COUNTY Approved ;b f ity Att rney ffi S 3 -Q I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 11th day of April, 2007, as the same appears of record in my Office. Dated at Iowa City, this / 0fi` day of 2007 Mari n K. Karr, City Clerk Iaa ��� 2�' _ 7n Cam: t� 2�' V--� Doc ID: 020852260004 Tvoe: GEN Recorded: 05/17/2007 at 10:30:24 AM Fee Amt: $22.00 Pace 1 of 4 Johnson Countv Iowa Kim Painter Countv Recorder :1 a, m6=00110OW001TOA STATE OF IOWA ) ) SS JOHNSON COUNTY ) VIII p � CITY OF IOWA CITY 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.07 -4261 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 14`x' day of May, 2007, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 16`x' day of May, 2007. Marian K. Karr City Clerk \ord lie t `A r.. Prepared by: Drew E. Westberg, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 ORDINANCE NO. 07 -4261 AN ORDINANCE REZONING APPROXIMATELY 0.77 ACRES OF PROPERTY LOCATED AT 828 E WASHINGTON STREET FROM NEIGHBORHOOD STABILIZATION RESIDENTIAL /CONSERVATION DISTRICT OVERLAY (RNS- 20/OCD) ZONE TO PLANNED DEVELOPMENT OVERLAY /NEIGHBORHOOD STABILIZATION RESIDENTIAL /CONSERVATION DISTRICT OVERLAY (OPD /RNS- 20/OCD) ZONE (REZ07- 00003) WHEREAS, the applicant, Alpha Chi Omega House Corporation, has requested a rezoning to rebuild the structure demolished by a tornado on property located at 828 E Washington Street; and WHEREAS, the property is currently zoned Neighborhood Stabilization Residential /Overlay Conservation District; and WHEREAS, the Sensitive Areas Ordinance requires a rezoning and approval of a Sensitive Areas Development Plan as the proposed development impacts critical and altered protected slopes; and WHEREAS, an Engineer has provided signed documentation attesting to the stability and safety of post construction slopes; and WHEREAS, the Comprehensive Plan includes goals to preserve the integrity of existing neighborhoods, the historic nature of older neighborhoods, and balance housing types within older parts of the City; and WHEREAS, the proposed development meets and abides by all applicable regulations of Title 14 of the Iowa City City Code; and WHEREAS, after public hearing and due consideration, the Iowa City Plan and Zoning Commission has recommended approval of the proposed rezoning. 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 Neighborhood Stabilization Residential /Conservation District Overlay(RNS- 20/OCD) to Planned Development Overlay/ Neighborhood Stabilization Residential /Conservation District Overlay(OPD /RNS- 20 /OCD): The East 65 feet of the North 62'/ feet of Lot Six (6), and the East 59.51 feet of the South 87'/ feet of Lot Six (6), in Block Three (3), in Iowa City, Iowa, according to the recorded plat thereof, and including Lots Seven (7) and Eight (8) in Block Three (3), in Iowa City, Iowa, according to the Recorded plat thereof. 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. The City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. 9-4 Ordinance No. 07 -4261 Page 2 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. _P.assed and approved this 14t day of May 20_02 k AVJ6] ATTEST: u% CITY CLERK 9-o-6;7 E Wash.do OL Ordinance No. 07 -4261 Page 3 It was moved by Bailey and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Elliott _x O'Donnell Vanderhoef x Wilburn First Consideration 5 /1/ Vote for passage: AYES: NAYS: None. ABSENT: Second Consideration - -- Vote for passage: O'Donnell that the Ordinance ABSTAIN: x 2007 Champion, Correia, Elliott, O'Donnell, Wilburn, Bailey, None. ABSTAIN: Vanderhoef Date published May 23, 2007 Moved by Bailey, seconded by Champion, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and.the ordinance be voted upon for final passage at this time. AYES: O'Donnell, Wilburn, Bailey, Champion, Correia, Elliott. NAYS: None. ABSENT: None. ABSTAIN: Vanderhoef. �1 Q Doc ID 02087 '600038 TVDe: GEN Recorded: 06/06/2007 at 02.47.46 PM Fee Amt: $192.00 Page 1 of 38 Johnson Countv Iowa Kim Painter Countv Recorder BK4168 Po831-868 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.07 -170 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 5"' day of June, 2007, all as the same appears of record in my office. Also attached are the final legal documents for Pepperwood Plaza Subdivision as follows: Attorney's Title Opinion 2. Mortgage Consent to Subdivision (Banker's Trust) 3. Owner's Certificate(Consent to Subdivision) N . 4. Certificate of County Auditor Approval of Subdivision Name 5. Certificate of County Treasurer 6. Subdivider's Agreement 7. Parking Easement Agreement �\ 8. Public Access & Fire Apparatus Access Easement Dated at Iowa City, Iowa, this b day of , 2007. Marian K. Karr City Clerk fires subdivision tiP Prepared by: Drew Westberg, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 ( 319) 356 -5230 (SUB06- 00018 /SUB06- 00019) RESOLUTION NO, 07 -170 RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF PEPPERWOOD PLAZA, A SUBDIVISION OF IOWA CITY, IOWA. WHEREAS, the owner, Southgate Development Company, filed with the City Clerk the preliminary and final plat of Pepperwood Plaza, 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: LEGAL DESCRIPTION A parcel of land located in Sections 15, 22 and 23, Township 79 North Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa described as follows: Beginning at the Southwest corner of Lot 2 of Block 1, Braverman Center to Iowa City, Iowa, as recorded in Plat Book 8 at Page 69 in the Johnson County Recorder's Office; Thence N00 °2620 "E; along the Westerly line of said Lot 2, a distance of 236.08 feet; Thence Northeasterly, 217.01 feet, along said Westerly line, and an arc of a 1290.58 foot radius curve, concave Southeasterly, whose 216.76 foot chord bears N05 "15'50 "E, to the Southwest corner of Lot 1 of Part 1 of Block 1, Braverman Center, Iowa City, Iowa, as recorded in Book 8 at Page 68 in the Johnson oun y ecor er s Office; T enc 7Se 4850 "E, along the Westerly line of said Lot 2 and the South line of said Lot 1 of Part 1, a distance of 175.00 feet, to the Southeast corner of said Lot 1 of Part 1; Thence N22 001'06 "E, along the Westerly line of said Lot 2 and the Easterly line of said Lot 1 of Part 1, a distance of 299.74 feet, to the Northeast corner of said Lot 1 of Part 1; Thence S67 °55'30 "E, along the Northerly line of said Lot 2 and the Plat for Lots 5A, 5B, 6, 7 and 8 Block 1 Braverman Center, Iowa City, Iowa, as recorded in Plat Book 27 at Page 31 in the Johnson County Recorder's Office, 759.63 feet, to the Northeast corner of Lot 5A; Thence S22 °04'30 "W, along the Easterly line of said Lot 5A, a distance of 187.00 feet, to the Southeast corner of said Lot 5A; Thence S67 055'30 "E, along the Southerly line of Lot 3 of Block 1, Braverman Center, Iowa City, Iowa, as recorded in Book 12, Page 39 in the records of the Johnson County Recorder's Office, 236.90 feet, to the Southeast corner of said Lot 3; Thence Southwesterly, 88.49 feet, along the Easterly line of Lot 4 of said Plat, and an arc of a 533.27 foot radius curve, concave Southeasterly, whose 88.39 foot chord bears S05 °12'04 "W, Thence S00 026'50 "W, along the Easterly line of said Lot 4, the Easterly line of Auditor's Parce12000005 as recorded in Plat Book 41 at Page 218 in the Johnson County Recorder's Office, and the Easterly line of Lot 8 Block 1, Braverman Center, a distance of 616.49 feet, to the Northeast corner of A portion of Outlot C Block 1, Braverman Center, as recorded in Plat Book 31 at Page 137 in the Johnson County Recorder's Office; Thence Southwesterly, 23.55 feet, along the Southerly line of said Outlot C, and an arc of a 15.00 foot radius curve, concave Northwesterly, whose 21.21 foot chord bears S45 °25'39 "W; Thence N89 °35'32 "W, along the Southerly line of Outlot C and Outlot B of Block 1 of said Braverman Center, a distance of 690.28 feet, to the Southeast corner of a portion of Block 1 of Braverman Center; Thence N00 °23'49 "E, along the Easterly line of a portion of Block 1, Braverman Center, a distance of 342.31 feet, to the Southeast corner of Outlot A of said portion of Block 1, Braverman Center; Thence N89 °35'30 "W, along the South line of said Outlot A, 446.01 feet, to the Southwest corner thereof; Thence N00 044'47 "E, along the West line of said Outlot A, 25.00 feet, to the Northwest corner thereof, and the Southwest corner of Auditor's Parcel 99085, as recorded in Book 40, at Page 319, in the records of the Johnson County Recorder's Office; Thence S89 035'30 "E, along the North line of said Outlot A, and the South line of said Auditor's Parcel 99085, a distance of 159.18 feet, to the Southeast corner of said Auditor's Parcel 99085; Thence N01 047'56 "W, along the Easterly line of Auditor's Parcel 99085, a distance of 135.24 feet to the Northeast corner thereof, and to a point on the Southerly line of said Lot 2 of Block 1, Braverman Center; Thence N67 °53'13 "W, along said Southerly line, 164.48 feet, to the said POINT OF BEGINNING. Said parcel of ground contains 23.59 acres and is subject to easements and restriction of record. ti� Resolution No. 07-170 Page 2 WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary and final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary and final plat and subdivision and recommended that said preliminary and 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 and final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2005) 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 preliminary and 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 5th day of June 20o7 (/ �2`0 o7 MAYOR Approved by ATTEST: 7 )b_,� c ar% if . eaZ-d CITY'CLERK City Attorne 's Office It was moved by Correia and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey x Champion x Correia X Elliott X O'Donnell x Vanderhoef x Wilburn ppdadm n4es\peppew,00d1ots 1 -11.do V V Prepared by: C. Joseph Holland, 123 N Linn St., Suite 300, P.O Box 2820 Iowa City, IA 52244 (319) 354 -0331 ATTORNEY'S TITLE OPINION Re: Pepperwood Plaza Subdivision located in Iowa City, Johnson County, Iowa, and legally described as follows: Beginning at the Southwest corner of Lot 2 of Block 1, Braverman Center to Iowa City, Iowa, as recorded in Plat Book 8 at Page 69 in the Johnson County Recorder's Office; Thence N00'26'20 "E, along the Westerly line of said Lot 2, a distance of 236.08 feet; Thence Northeasterly, 217.01 feet, along said Westerly line, and an arc of a 1290.58 foot radius curve, concave Southeasterly, whose 216.76 foot chord bears N05'15'50 "E, to the Southwest corner of Lot 1 of Part 1 of Block 1, Braverman Center, Iowa City, Iowa, as recorded in Book 8 at Page 68 in the Johnson County Recorder's Office; Thence S78'48150 "E, along the Westerly line of said Lot 2 and the South line of said Lot 1 of Part 1, a distance of 175.00 feet, to the Southeast corner of said Lot 1 of Part 1; Thence N22'01106 "E, along the Westerly line of said Lot 2 and the Easterly line of said Lot 1 of Part 1, a distance of 299.74 feet, to the Northeast corner of said Lot 1 of Part 1; Thence 567'55'30 "E, along the Northerly line of said Lot 2 and the Plat for Lots 5A, 5B, 6, 7 and 8 Block 1 Braverman Center, Iowa City, Iowa, as recorded in Plat Book 27 at Page 31 in the Johnson County Recorder's Office, 759.63 feet, to the Northeast corner of Lot 5A; Thence 522'04'30 "W, along the Easterly line of said Lot 5A, a distance of 187.00 feet, to the Southeast corner of said Lot 5A; Thence S67'55130 "E, along the Southerly line of Lot 3 of Block 1, Braverman Center, Iowa City, Iowa, as recorded in Book 12, Page 39 in the records of the Johnson County Recorder's Office, 236.90 feet, to the Southeast corner of said Lot 3; Thence Southwesterly, 88.49 feet, along the Easterly line of Lot 4 of said Plat, and an arc of a 533.27 foot radius curve, concave Southeasterly, whose 88.39 foot chord bears S05'12'04 "W, Thence S00'26150 "W, along the Easterly line of said Lot 4, the Easterly line of Auditor's Parcel 2000005 as recorded in Plat Book 41 at Page 218 in the Johnson County Recorder's Office, and the Easterly-line of Lot 8 Block 1, Braverman Center, a distance of 616.49 feet, to the Northeast corner of A portion of Outlot C Block 1, Braverman Center, as recorded in Plat Book 31 at Page 137 in the Johnson County Recorder's Office; Thence Southwesterly, 23.55 feet, along the Southerly line of said Outlot C, and an arc of a 15.00 foot radius curve, concave Northwesterly, whose 21.21 foot chord bears S45'25'39 "W; Thence N89'35132 "W, along the Southerly line of Outlot C and Outlot B of Block 1 of said Braverman Center, a distance of 690.28 feet, to the Southeast corner of a portion of Block 1 of Braverman Center; Thence N00'23'49 "E, along the Easterly line of a portion of Block 1, Braverman Center, a distance of 342.31 feet, to the Southeast corner of Outlot A of said portion of Block 1, Braverman Center; Thence N89'35130 "W, along the South line of said Outlot A, 446.01 feet, to the Southwest corner thereof; Thence N00'44147 "E, along the West line of said Outlot A, 25.00 feet, to the Northwest corner thereof, and the Southwest corner of Auditor's Parcel 99085, as recorded in Book 40, at Page 319, in the records of the Johnson County Recorder's Office; Thence S89'35130 "E, along the North line of said Outlot A, and the South line of said Auditor's Parcel 99085, a distance of 159.18 feet, to the Southeast corner of said Auditor's Parcel 99085; Thence NO1'47'56 "W, along the Easterly line of Auditor's Parcel 99085, a distance of 135.24 feet to the Northeast corner thereof, and to a point on the Southerly line of said Lot 2 of Block 1, Braverman Center; Thence N67'53113 "W, along said Southerly line, 164.48 feet, to the said POINT OF BEGINNING. Said parcel of ground contains 23.59 acres and is subject to easements and restriction of record. I, C. Joseph Holland, state that I am a practicing attorney in the State of Iowa and that I have examined a complete abstract of title to the above - described property. The abstract of title has been continued to January 3, 2007 and as of that date the abstract shows that fee title to the above - described property is in Southgate Development Company, Inc.; 985 Building I, LLC; 985 Building II, LLC; 985 Building III, LLC; 985 Building IV, LLC; Victor Landweber Properties LLC; and Peter Landweber Properties, LLC; subject to a mortgage to Bankers Trust Company, N.A., dated December 21, 2004, recorded in Book 3828, Page 1� 996, Johnson County Recorder's Office. I further certify that except as above stated the property is free from encumbrance. Dated as of this 12th day of January, 2007. 0=,�W,09, C. Jos h Holland V Prepared by: C. Joseph Holland 123 N. Linn St Suite 300 P.O. Box 2820 Iowa City IA 52244 (319) 354 -0331 MORTGAGEE CONSENT TO SUBDIVISION The undersigned, on behalf of Bankers Trust Company, N.A :, states that Bankers Trust Company, N.A. holds a mortgage on the property described below included within Pepperwood Plaza Subdivision. This mortgage is as follows: A mortgage dated December 21, 2004, recorded in Book 3828, Page 446, Johnson County Recorder's Office. The property included within Pepperwood Plaza Subdivision is described as follows: Beginning at the Southwest corner of Lot 2 of Block 1, Braverman Center to Iowa City, Iowa, as recorded in Plat Book 8 at Page 69 in the Johnson County Recorder's Office; Thence N00'26120 "E, along the Westerly line of said Lot 2, a distance of 236.08 feet; Thence Northeasterly, 217.01 feet, along said Westerly line, and an arc of a 1290.58 foot radius curve, concave Southeasterly, whose 216.76 foot chord bears N05'15'50 "E, to the Southwest corner of Lot 1 of Part 1 of Block 1, Braverman Center, Iowa City, Iowa, as recorded in Book 8 at Page 68 in the Johnson County Recorder's Office; Thence S78'48150 "E, along the Westerly line of said Lot 2 and the South line of said Lot 1 of Part 1, a distance of 175.00 feet, to the Southeast corner of said Lot 1 of Part 1; Thence N22'01'06 "E, along the Westerly line of said Lot 2 and the Easterly line of said Lot 1 of Part 1, a distance of 299.74 feet, to the Northeast corner of said Lot 1 of Part 1; Thence S67'55'30 "E, along the Northerly line of said Lot 2 and the Plat for Lots 5A, 5B, 6, 7 and 8 Block 1 Braverman Center, Iowa City, Iowa, as recorded in Plat Book 27 at Page 31 in the Johnson County Recorder's Office, 759.63 feet, to the TG Northeast corner of Lot 5A; Thence S22'04130 "W, along the Easterly line of said Lot 5A, a distance of 187.00 feet, to the Southeast corner of said Lot 5A; .Thence S67'55130 "E, along the Southerly line of Lot 3 of Block 1, Braverman Center, Iowa City, Iowa, as recorded in Book 12, Page 39 in the records of the Johnson County Recorder's Office, 236.90 feet, to the Southeast corner of said Lot 3; Thence Southwesterly, 88.49 feet, along the Easterly line of Lot '4 of said Plat, and an arc of a 533.27 foot radius curve, concave Southeasterly, whose 88.39 foot chord bears S05'12104 "W, Thence 500'26150 "W, along the Easterly line of said Lot 4, the Easterly line of Auditor's Parcel 2000005 as recorded in Plat Book 41 at Page 218 in the Johnson County Recorder's Office, and the Easterly line of Lot 8 Block 1, Braverman Center, a distance of 616.49 feet, to the Northeast corner of A portion of Outlot C Block 1, Braverman Center, as recorded in Plat Book 31 at Page 137 in the Johnson County Recorder's Office; Thence Southwesterly, 23.55 feet, along the Southerly line of said Outlot C, and an arc of a 15.00 foot radius curve, concave Northwesterly, whose 21.21 foot chord bears 545'25139 "W; Thence N89'35132 "W, along the Southerly line of Outlot C and Outlot B of Block 1 of said Braverman Center, a distance of 690.28 feet, to the Southeast corner of a portion of Block 1 of Braverman Center; Thence N00'23'49 "E, along the Easterly line of a portion of Block 1, Braverman Center, a distance of 342.31 feet, to the Southeast corner of Outlot A of said portion of Block 1, Braverman Center; Thence N89'35130 "W, along the South line of said Outlot A, 446.01 feet, to the Southwest corner thereof; Thence N00'44'47 "E, along the West line of said Outlot A, 25.00 feet, to the Northwest corner thereof, and the Southwest corner of Auditor's Parcel 99085, as recorded in Book 40, at Page 319, in the records of the Johnson County Recorder's Office; Thence 589'35'30 "E, along the North line of said Outlot A, and the South line of said Auditor's Parcel 99085, a distance of 159.18 feet, to the Southeast corner of said Auditor's Parcel 99085; Thence NO1'47156 "W, along the Easterly line of Auditor's Parcel 99085, a distance of 135.24 feet to the Northeast corner thereof, and to a point on the Southerly line of said Lot 2 of Block 1, Braverman Center; Thence N67'53'13 "W, along said Southerly line, 164.48 feet, to the said POINT OF BEGINNING. Said parcel of ground contains 23.59 acres and is subject to easements and restriction of record. The undersigned, on behalf of Bankers Trust Company, N.A., states that said bank consents to the subdivision of the above - described property into Pepperwood Plaza Subdivision and hereby releases any and all liens against those portions of the property dedicated to the 116 public. Dated as of this / day of December, 2006. Bankers.Trust Company, N.A. By nnifer Cooper, Vice - President STATE OF IOWA ) )ss: POLK COUNTY ) This instrument was acknowledged before me on the �ILday of December, 2006, by Jennifer Cooper, Vice - President of Bankers Trust Company, N.A. Q, Op LFJ►NNAL.STOECtCEL �FCpmmisslon Number 731866 Lam! MyComm!sstonExp!m� Notary Public in and for the �«" DecVmbcr 2asy State of Iowa f� Prepared by: C. Joseph Holland, 123 N. Linn St., Suite 300, P.O. Box 2820, Iowa City, IA 52244, (319) 354 -0331 OWNER'S CERTIFICATE The undersigned, Southgate Development Company, Inc.; 985 Building I, LLC; 985 Building II, LLC; 985 Building III, LLC; 985 Building IV, LLC; Victor Landweber Properties LLC; and Peter Landweber Properties LLC, request approval of the subdivision known as Pepperwood Plaza Subdivision, said subdivision shown on the preliminary and final plat thereof to which this document is attached, which is a subdivision of the following described property: Beginning at the Southwest corner of Lot 2 of Block 1, Braverman Center to Iowa City, Iowa, as recorded in Plat Book 8 at Page 69 in the Johnson County Recorder's Office; Thence N00'26'20 "E, along the Westerly line of said Lot 2, a distance of 236.08 feet; Thence Northeasterly, 217.01 feet, along said Westerly line, and an arc of a 1290.58 foot radius curve, concave Southeasterly, whose 216.76 foot chord bears N05'151 50 11E, to the Southwest corner of Lot 1 of Part 1 of Block 1, Braverman Center, Iowa City, Iowa, as recorded in Book 8 at Page 68 in the Johnson County Recorder's Office; Thence 578'48'50 "E, along the Westerly line of said Lot 2 and the South line of said Lot 1 of Part 1, a distance of 175.00 feet, to the Southeast corner of said Lot 1 of Part 1; Thence N22'01'06 "E, along the Westerly line of said Lot 2 and the Easterly line of said Lot 1 of Part 1, a distance of 299.74 feet, to the Northeast corner of said Lot 1 of Part 1; Thence S67'55130 "E, along the Northerly line of said Lot 2 and the Plat for Lots 5A, 5B, 6, 7 and 8 Block 1 Braverman Center, Iowa City, Iowa, 16 as recorded in Plat Book 27 at Page 31 in the Johnson County Recorder's Office, 759.63 feet, to the Northeast corner of Lot 5A; Thence S22'04'30 "W, along the Easterly line of said Lot 5A, a distance of 187.00 feet, to the Southeast corner of said Lot 5A; Thence S67'55'30 "E, along the Southerly line of Lot 3 of Block 1, Braverman Center, Iowa City, Iowa, as recorded in Book 12, Page 39 in the records of the Johnson County Recorder's Office, 236.90 feet, to the Southeast corner of said Lot 3; Thence Southwesterly, 88.49 feet, along the Easterly line of Lot 4 of said Plat, and an arc of a 533.27 foot radius curve, concave Southeasterly, whose. 88.39 foot chord bears 505'12'04 "W, Thence S00'26150 "W, along the Easterly line of said Lot 4, the Easterly line of Auditor's Parcel 2000005 as recorded in Plat Book 41 at Page 218 in the Johnson County Recorder's Office, and the Easterly line of Lot 8 Block 1, Braverman Center, a distance of 616.49 feet, to the Northeast corner of A portion of Outlot C Block 1, Braverman Center, as recorded in Plat Book 31 at Page 137 in the Johnson County Recorder's Office; Thence Southwesterly, 23.55 feet, along the Southerly line of said Outlot C, and an arc of a 15.00 foot radius curve, concave Northwesterly, whose 21.21 foot chord bears 545'25'39 "W; Thence N89'35'32 "W, along the Southerly line of Outlot C and Outlot B of Block 1 of said Braverman Center, a distance of 690.28 feet, to the Southeast corner of a portion of Block 1 of Braverman Center; Thence N00'23'49 "E, along the Easterly line of a portion of Block 1, Braverman Center, a distance of 342.31 feet, to the Southeast corner of Outlot A of said portion of Block 1, Braverman Center; Thence N89'35130 "W, along the South line of said Outlot A, 446.01 feet, to the Southwest corner thereof; Thence N00'44'47 "E, along the West line of said Outlot A, 25.00 feet, to the Northwest corner thereof, and the Southwest corner of Auditor's Parcel 99085, as recorded in Book 40, at Page 319, in the records of the Johnson County Recorder's Office; Thence S89'35'30 "E, along the North line of said Outlot A, and the South line of said Auditor's Parcel 99085, a distance of 159.18 feet, to the Southeast corner of said Auditor's Parcel 99085; Thence NO1'47'56 "W, along the Easterly line of Auditor's Parcel 99085, a distance of 135.24 feet to the Northeast corner thereof, and to a point on the Southerly line of said Lot 2 of Block 1, Braverman Center; Thence N67'53113 "W, along said Southerly line, 164.48 feet, to the said POINT OF BEGINNING. Said parcel of ground contains 23.59 acres and is subject to easements and restriction of record. ti10 The undersigned further states that subdivision is made with the free consent and in accordance with the desire of the undersigned, owners of the land included within the subdivision. rc� Dated as of this 2 day of May, 2007. STATE OF IOWA ) )ss: JOHNSON COUNTY ) Southgate Development Company, Inc. dent l VA This instrument was acknowledged before me on the day May, 2007, by Joseph T. Braverman, V resident of Southgate Development Company, Inc. (Stamp of Seal) Notary Public'in and Jdr the Stae of Iowa M985 Building I, LLC by: Southgate Development Company, Inc., Member and Manager G C�o by: Teresa L. Morrow, Vice- President STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this day of May, 2007, by Teresa L. Morrow, Vice - President of Southgate Development Company, Inc., Member and Manager of 985 Building I, LLC. (Stamp or Seal) /« At 1 24 No ry Pub is in a i for the tate of Iowa w, ANGELA JACOBY / Fbp� Canm'ssfon NUmMr)'!8/ VJ My Commksbn &puss rae� 985 Building II, LLC by: Hieronymi Partners, LLP, Member rt Hieronymus, Managing STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this day of May, 2007, by John Albert Hieronymus, Managing Partner of Hieronymi Partners, LLP, Member of 985 Bu 1)Jing II, _LC. (Stamp or Seal) Notary'Public in and for the State PAMELA S. MANARY 985 Building III, LLC C.M�* N 7 <� by: Hieronymi Partners, LLP, Member JL a by: ohn Albert Hierony us, Managing art er STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this a day of May, 2007, by John Albert Hieronymyy� , Managing Partner of Hieronymi Partners, LLP, Member of 985 Buipng III, LLC. (Stamp or Seal) I_ Notary Public in and for the Stat f Iowa PAMELA 985 B lding IV, LLC IOM by: edVHings,,LLC, Member y: Scott Andersen, Member 1P STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this day of May, 2007, by Scott Andersen, Member of Cedar Holdings, LLC, Member of 985 Building IV, LLC. (Stamp or Seal) Notary Public in and for the State ,if Iowa PAMELA S. MANARY _ c N -Ikx r 47 MY Victor Landweber Properties LLC by: Victor A. Landweber, Manager STATE OF CALIFORNIA ) s s : n _ �^^y COUNTY ) (ter- �ztF02Nh�f c% pG�Gs�f' // s!/ This instrument w acknowledged before me'on this //"L_Yday of May, 2007, by Vic r A. Landweber, Manager of Victor Landweber Properties LLC. (Stamp or Seal) Notary Public Peter Landweber Properties LLC pzt-' J. :fL by: Peter S. Landweber, Member STATE OF NEW JERSEY ) M l.bbcc' �v ) ss : COUNTY ) This instrument was acknowledged before me on this L day of May, 2007, by Peter S. Lan weber, Manager of Peter Landweber Properties LLC. ") , (Stamp or Seal) Notary Public THERESE HOI_LANDERY m NOTARY PUBLIC STATE OF NE 'Al JERSEY My Commission, Expires July 24, 2008 (7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California l ss. County of J OnMf�l /Voo before me, /"//� zf 117 C _ 4— , / r Name and TNe of OlPCw(e,,'Jane Dee, Notary PvVej . personally appeared '-,e(0 a sgnar(s) ❑ personally known to me 7Cproved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and rvL1RGAREi R. HILL acknowledged to me that he /she /they executed Comml 'M T 74 ILL the same in his/her /their authorized Nolory public - Calffom(a XX capacity(ies), and that by his /her /their Alameda County 5 signature(s) on the instrument the person(s), or 'Comm- ExplresNov23,2gp7 the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. �SgruW. of Notary PWK -C/ OPTIONAL Though the information below is not required bylaw, fl may prove valuable to persons relying on the document and could prevent fraudulent renroval and reattachment of this loan to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual Top of(humb here • Corporate Officer— Title(s): • Partner — ❑ Limited O General ❑ Atlomey -in -Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ® re99 NatioWNotw ASVxlati -e360 De Seto Ave., P.O. Bex 2402•ClatsNVrN, CASJWi 2402• xwx,utlonalmet ,wg Prod. Ile. 5907 Reek .. CA TaO -Free I 760827 V0 Prepared by: C. Joseph Holland, 123 N. Linn St., Suite 300, P.O. Box 2820, Iowa City, IA 52244, (3 19) 354-0331 CERTIFICATE OF COUNTY AUDITOR APPROVAL OF SUBDIVISION NAME I, Thomas S. Slockett, Johnson County Auditor, approve the name Pepperwood Plaza Subdivision with reference to the property described as: Beginning at the Southwest corner of Lot 2 of Block 1, Braverman Center to Iowa City, Iowa, as recorded in Plat Book 8 at Page 69 in the Johnson County Recorder's Office; Thence N00'26120 "E, along the Westerly line of said Lot 2, a distance of 236.08 feet; Thence Northeasterly, 217.01 feet, along said Westerly line, and an arc of a 1290.58 foot radius curve, concave Southeasterly, whose 216.76 foot chord bears N05'15150 "E, to the Southwest corner of Lot l of Part 1 of Block 1, Braverman Center, Iowa City, Iowa, as recorded in Book 8 at Page 68 in the Johnson County Recorder's Office; Thence S78'48'50 "E, along the Westerly line of said Lot 2 and the South line of said Lot 1 of Part 1, a distance of 175.00 feet, to the Southeast corner of said Lot 1 of Part 1; Thence N22'01'06 "E, along the Westerly line of said Lot 2 and the Easterly line of said Lot 1 of Part 1, a distance of 299.74 feet, to the Northeast corner of said Lot 1 of Part 1; Thence S67'55'30 "E, along the Northerly line of said Lot 2 and the Plat for Lots 5A, 5B, 6, 7 and 8 Block 1 Braverman Center, Iowa City, Iowa, as recorded in Plat Book 27 at Page 31 in the Johnson County Recorder's Office, 759.63 feet, to the Northeast corner of Lot 5A; Thence S22'04130 "W, along the Easterly line of said Lot 5A, a distance of 187.00 feet, to the Southeast corner of said Lot 5A; Thence 567'55130 "E, along the Southerly line of Lot 3 of Block 1, Braverman Center, Iowa City, Iowa, as recorded in Book 12, Page 39 in the records of the Johnson County Recorder's Office, 236.90 feet, to the Southeast corner of said Lot 3; Thence Southwesterly, 88.49 feet, along the Easterly line of Lot 4 of said Plat, and an arc of a 533.27 foot radius curve, concave Southeasterly, r� whose 88.39 foot chord bears S05'12104 "W, Thence S00'26'50 "W, along the Easterly line of said Lot 4, the Easterly line of Auditor's Parcel 2000005 as recorded in Plat Book 41 at Page 218 in the Johnson County Recorder's Office, and the Easterly line of Lot 8 Block 1, Braverman Center, a distance of 616.49 feet, to the Northeast corner of A portion of Outlot C Block 1, Braverman Center, as recorded in Plat Book 31 at Page 137 in the Johnson County Recorder's Office; Thence Southwesterly, 23.55 feet, along the Southerly line of said Outlot C, and an arc of a 15.00 foot radius curve, concave Northwesterly, whose 21.21 foot chord bears S45'25139 "W; Thence N89'35132 "W, along the Southerly line of Outlot C and Outlot B of Block 1 of said Braverman Center, a distance of 690.28 feet, to the Southeast corner of a portion of Block 1 of Braverman Center; Thence N00'23149 "E, along the Easterly line of a portion of Block 1, Braverman Center, a distance of 342.31 feet, to the Southeast corner of Outlot A of said portion of Block 1, Braverman Center; Thence N89'35130 "W, along the South line of said Outlot A, 446.01 feet, to the Southwest corner thereof; Thence N00'44147 "E, along the West line of said Outlot A, 25.00 feet, to the Northwest corner thereof, and the Southwest corner of Auditor's Parcel 99085, as recorded in Book 40, at Page 319, in the records of the Johnson County Recorder's Office; Thence S89'35'30 "E, along the North line of said Outlot A, and the South line of said Auditor's Parcel 99085, a distance of 159.18 feet, to the Southeast corner of said Auditor's Parcel 99085; Thence NO1'47156 "W, along the Easterly line of Auditor's Parcel 99085, a distance of 135.24 feet to the Northeast corner thereof, and to a point on the Southerly line of said Lot 2 of Block 1, Braverman Center; Thence N67'53113 "W, along said Southerly line, 164.48 feet, to the said POINT OF BEGINNING. Said parcel of ground contains 23.59 acres and is subject to easements and restriction of record. Dated as of this 9 Q%� day of December, 2006. Thomas S. Slockett, County Aud' for , y: Z Deputy ti9 Prepared by: C. Josetb Holland, 123 N Linn St., Suite 300 P.O. Box 2820 Iowa City IA 52244 (319) 354 -0331 CERTIFICATE OF COUNTY TREASURER I, Thomas L. Kriz, Johnson County Treasurer, certify that all real estate taxes and special assessments have been paid with reference to the property described below as of the date of this certificate. Beginning at the Southwest corner of Lot 2 of Block 1, Braverman Center to Iowa City, Iowa, as recorded in Plat Book 8 at Page 69 in the Johnson County Recorder's Office; Thence N00'26'20 "E, along the Westerly line of said Lot 2, a distance of 236.08 feet; Thence Northeasterly, 217.01 feet, along said Westerly line, and an arc of a 1290.58 foot radius curve, concave Southeasterly, whose 216.76 foot chord bears N05'15150 "E, to the Southwest corner of Lot 1 of Part 1 of Block 1, Braverman Center, Iowa City, Iowa, as recorded in Book 8 at Page 68 in the Johnson County Recorder's Office; Thence S78'48150 "E, along the Westerly line of said Lot 2 and the South line of said Lot 1 of Part 1, a distance of 175.00 feet, to the Southeast corner of said Lot 1 of Part 1; Thence N22'01'06 "E, along the Westerly line of said Lot 2 and the Easterly line of said Lot 1 of Part 1, a distance of 299.74 feet, to the Northeast corner of said Lot 1 of Part 1; Thence S67'55'30 "E, along the Northerly line of said Lot 2 and the Plat for Lots 5A, 5B, 6, 7 and 8 Block 1 Braverman Center, Iowa City, Iowa, as recorded in Plat Book 27 at Page 31 in the Johnson County Recorder's Office, 759.63 feet, to the Northeast corner of Lot 5A; Thence S22'04130 "W, along the Easterly line of said Lot 5A, a distance of 187.00 feet, to the Southeast corner of said Lot 5A; Thence S67'55'30 "E, along the Southerly line of Lot 3 of Block 1, Braverman Center, Iowa City, Iowa, as recorded in Book 12, Page 39 in the records.of the Johnson County Recorder's Office, 236.90 feet, to the Southeast corner of said Lot 3; Thence Southwesterly, 88.49 feet, along the Easterly line of Lot 4 of said Plat, and an arc of a 533.27 foot radius curve, concave Southeasterly, whose 88.39 foot chord bears ti� S05'12104 11W, Thence S00'26150 "W, along the Easterly line of said Lot 4, the Easterly line of Auditor's Parcel 2000005 as recorded in Plat Book 41 at Page 218 in the Johnson County Recorder's Office, and the Easterly line of Lot 8 Block 1, Braverman Center, a distance of 616.49 feet, to the Northeast corner of A portion of Outlot C Block 1, Braverman Center, as recorded in Plat Book 31 at Page 137 in the Johnson County Recorder's Office; Thence Southwesterly, 23.55 feet, along the Southerly line of said Outlot C, and an arc of a 15.00 foot radius curve, concave Northwesterly, whose 21.21 foot chord bears S45'25'39 "W; Thence N89'35132 "W, along the Southerly line of Outlot C and Outlot B of Block 1 of said Braverman Center, a distance of 690.28 feet, to the Southeast corner of a portion of Block 1 of Braverman Center; Thence N00'23'49 "E, along the Easterly line of a portion of Block 1, Braverman Center, a distance of 342.31 feet, to the Southeast corner of Outlot A of said portion of Block 1, Braverman Center; Thence N89'35130 "W, along the South line of said Outlot A, 446.01 feet, to the Southwest corner thereof; Thence N00'44147 "E, along the West line of said Outlot A, 25.00 feet, to the Northwest corner thereof, and the Southwest corner of Auditor's Parcel 99085, as recorded in Book 40, at Page 319, in the records of the Johnson County Recorder's Office; Thence S89'35130 "E, along the North line of said Outlot A, and the South line of said Auditor's Parcel 99085, a distance of 159.18 feet, to the Southeast corner of said Auditor's Parcel 99085; Thence N01'47156 "W, along the Easterly line of Auditors Parcel 99085, a distance of 135.24 feet to the Northeast corner thereof, and to a point on the Southerly line of said Lot 2 of Block 1, Braverman Center; Thence N67'53113 "W, along said Southerly line, 164.48 feet, to the said POINT OF BEGINNING. Said parcel of ground contains 23.59 acres and is subject to easements and restriction of record. Dated as of this 11'Fh day of May, 2007. " / X.o urrl— t/1 nvi Thomas L. Kriz, County Treasurer by: Parcel #s: 1022101017 1022101018 1022101019 1022101021 1022101022 , Deputy q5 Prepared by: C. Joseph Holland, 123 N. Linn St., Suite 300, P.O. Box 2820, Iowa City, IA 52244, (319) 354 -0331 SUBDIVIDER'S AGREEMENT Pepperwood Plaza Subdivision IOWA CITY, IOWA . THIS AGREEMENT made by and between Southgate Development Company, Inc., hereinafter called "Subdivider ", and the City of Iowa City, Iowa, a municipal corporation hereinafter called the "City" and Southgate Development Company, Inc.,985 Building I, L.L.C., 985 Building II, L.L.C., 985 Building III, L.L.C., 985 Building IV, L.L.C., Peter Landweber Properties, LLC and Victor Landweber Properties, LLC, collectively "Owner." IT IS HEREBY AGREED AS FOLLOWS: Section 1. Public improvements. No new public improvements are required in connection with this subdivision. Section 2. Storm Water Management. No onsite storm water management facility is required. Section 3. Sidewalks. No sidewalks are required to be constructed in connection with this Subdivision and any prior obligations for installation of sidewalks within the subdivision are released by the City. Section 4. Open Space. Private Open Space. Outlot A will be private open space, the maintenance of which will be the responsibility of Owner and Subdivider which obligation may be transferred and conveyed to Pepperwood Plaza Association, a non - profit corporation organized to maintain private open space within the Subdivision. Thereafter Page 1 of 5 (� ti the Association shall be responsible for all maintenance of Outlot A. The City shall have no responsibility for maintaining Outlot A. Easement. Outlot A shall be subject to a Public Access and Fire Apparatus Access Easement in favor of the City of Iowa City, and shall be subject to the Parking Easement in favor of the owners of Lots 1 -11, inclusive of the Subdivision. Section 5. Binding Effect. This agreement shall be inure to the benefit and bind the successors and assigns of the respective parties hereto and shall be construed as a covenant running with the title to the lots within the Subdivision. rA Dated as of this 23 day of May, 2007. STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument was May, 2007, by Joseph T. Development Company, Inc. (Stamp of Seal) ANGELA JACOBY _ °�� �uTnlMU.�b�nN�mher ]T2]�1 ON\ � ^+mSllliE p¢K Southgate �: Joseph T resident t Company, Inc. Braverman, acknowledged before me on the A �Jrd day Braverman, V1a=�5President of Southgate Notary Plublic i and for L9he State of Iowa 985 Building I, LLC by: Southgate Development Company, C.,� e,m'berl and Manager by: Teresa L. Morrow, Vice - President Page 2 of 5 �GI STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this day of May, 2007, by Teresa L. Morrow, Vice - President of Southgate Development Company, Inc., Member and Manager of 985 Building I, LLC. (Stamp or Seal) , _ ' { Notary Public in an for or the SIFte of Iowa JkIM 985 Building II, LLC by: Hieronymi Partners, LLP, Member A- a , #A-- AIL� by: John Alber Hier nymus, Managing ar e STATE OF IOWA ) ss: JOHNSON COUNTY ) _. This instrument was acknowledged before me on this day of May, 2007, by John Albert Hieronymus, Managing Partner of Hieronymi Partners, LLP, Member of 985 BuAding II, fht-�. (Stamp or Seal) Notary'Public in and fok the State,4f Iowa 985 Building III, LLC pAM N, a by: Hieronymi Partners, LLP, Member by: John Albert Hieron} us, Managing ar ner Page 3 of 5 qG STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this/ day of May, 2007, by John Albert Hieronymus, Managing Partner of Hieronymi Partners, LLP, Member of 985 Buil i g III, C. (Stamp or Seal) Notary Public in and for the State of I wa PAMELA S. MA Y �N�� tea, 985 Building IV, LLC r by: d ings, LLC, Member Scott Andersen, Member STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this 9)L/ day of May, 2007, by Scott Andersen, Member of Cedar Holdings, LLC, Member of 985 Building IV, LLC. (Stamp or Seal) V Nota y Public in and for the St to of Iowa �,u, PAMELAS. MANARY calldaws ]xu 47 `� My b m n Victor Landweber Properties LLC STATE OF CALIFORNIA ) This May, 2007 Properties V, AI.,-- h, L� "�7 by: Victor A. Landweber, Manager )ss. COUNTY ) /16 6'e°v^�' instrument s acknowledged before me on this day of by Vic r A. Landweber, Manager of Victor Landweber LLC. (Stamp or Seal) Notary Public Page 4 of 5 Peter Landweber Properties LLC 0� -J, &-" by: Peter S. Landweber, Member STATE OF NEW JERSEY ) � )ss: r XibuC10( COUNTY ) This instrument was acknowledged before me on this 11 day of May, 2007, by Peter S. Landweber, Manager of Peter Landweber Properties LLC. (Stamp or Seal) THERESE HOLLANDER NOTARY PUBLIC STATE OF NEW JERSEY My Commission Expires July 24, 2008 Page 5 of 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On before me, DA personally appeared ❑ personally known to me Q-pTMO—d to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed MARGARET R. HILL the same in his /her /their authorized Commission T tg52L capacity(ies), and that by his /her /their • `� Notary public - 1452 r73 signature(s) on the instrument the person(s), or Ic AamedoCounty the entity upon behalf of which the person(s) My Comm. Expires Nov23, 2pp� acted, executed the instrument. WITNESSP hand and official seal. / /agruWre MNWaryP OPTIONAL Though the information below is not required bylaw, if may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Si er Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Ti le(s): Partner — ❑Limited El General • Attorney -in -Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: 0 iM NaG NoWyASmia ,9350 Da WoAw., P.O. eek 2402• CM1almonM1, C 913f32402• v. w.v.,ut riots ,o Prod. W. Ma Rea , Dag Ta Free 1A 8765827 V� CITY OF IOWA CITY, IOWA By: OLu ff4L�—' Ross Wilburn, Mayor ATTEST: / ` K • fit% Manan K. Karr, City Clerk CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 6 day of �uur; 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn 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 Ross Willburn 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. ESONDRA EFORTon Number 159791 mmission EXPIres Notary Public in and for the State of Iowa f� Prepared by and return to: C. Joseph Holland 123 N Linn St Suite 300 Iowa City IA 52244 (319) 354 -0331 PARKING EASEMENT PEPPERWOOD PLAZA SUBDIVISION IOWA CITY, IOWA For the sum of One Dollar and other valuable consideration, including the approval of the final plat for Pepperwood Subdivision, Iowa City, Iowa, (hereinafter "Subdivision ") the undersigned Owners of Outlot A of the Subdivision, hereby grant to the owners of Lots 1 through 11 of the Subdivision, a perpetual easement upon, over, along, and across said Outlot A for purposes of providing parking to meet the parking requirements of the zoning ordinances of the City of Iowa City in effect as of the date of the grant of this easement for the developments located on Lots 1 through 11 of the Subdivision. The Owners reserve to themselves and their successors in interest and assigns the right to utilize portions of Outlot A for seasonal or promotional events or sales of goods and services and to exclude parking from those areas temporarily, provided that such use shall not diminish the total amount of parking required for compliance with the parking requirements of the zoning ordinance of the City of Iowa City in effect as of the date of the grant of this easement. Owners, their successors in interest and assigns, reserve the right to use said easement area for purposes which will not interfere with the Grantee's full enjoyment of rights hereby granted. The Owners hereby covenant 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. This easement shall inure to the benefit of and bind 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. This easement cannot be released or terminated without the written consent of the City of Iowa City, q Iowa municipal corporation. Dated as of this _/, / day of May, 2007. Page 1 of 4 r, � Southgate Development Company, Inc. by. J eph T. Braverman, V�President STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument was acknowledged before 2007, by Joseph T. Braverman, `]` — "resident Company, Inc. (Stamp of Seal) ANGELAJACeBY 0� Corturissbn NVmber ]P2iQ9 Notary and Yd me on the day May, of Southgate Development 985 Building I, LLC State of Iowa by: Southgate Development Company, Inc., Member nd Manager by: Teresa L. Morrow, Vice - President STATE OF IOWA ) )ss: JOHNSON COUNTY ) Vd This instrument was acknowledged before me on this day of May, 2007, by Teresa L. Morrow, Vice - President of Southgate Development Company, Inc., Member and Manager of 985 Building I, LLC. (Stamp or Seal) M &R 00 ^ n and for the St{,tte of Iowa 985 Building II, LLC by: Hieronymi Partners, LLP, Member A n n It , by: )John Albert Hit onymus, Managing a tr ier UU Page 2 of 4 1-0 STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this Q111 day of May, 2007, by John Albert Hieron YrNs. Ma naging Partner of Hieronymi Partners, LLP, Member of 985 Build g II, L (Stamp or Seal) Notary Public in and for the State f Iowa R15m� STATE OF IOWA ) )ss: JOHNSON COUNTY ) 985 Building III, LLC by: Hieronymi Partners, LLP, Member ,&L a fic--IA��-A� (by- Albert Hie onymus, Managing rt e This instrument was acknowledged before me May, 2007, by John Albert Hieronymus, Managing Partners, LLP, Member of 985 BuilAng III,,IJ�C. (Stamp or Seal) on this X day of Partner of Hieronymi State,4� Iowa [jo HPAM�ELA S. MANARY xez985 B .ilding IV, LLC by: eda ings, ALLC, Member cott And rsen, Member STATE OF IOWA ) )ss: JOHNSON COUNTY ) TEA This instrument was acknowledged before me on this 05_ day of May, 2007, by Scott Andersen, Me er of Cedar Holdings, LLC, Member of 985 Building IV, LLC. (Stamp or Seal) Notary Public in and for the State bf Iowa y� P PAMELA S.MANARY s' $ � nNMn ?M47 P �m„ n STATE OF CALIFORNIA COUNTY Victor Landweber Properties LLC ®�.11 by: Victor A. Landweber, Manager )ss: ^ This instrument acknowledged before me on this day of May, 2007, by Vi or A. Landweber, Manager of Victor Landweber Properties LLC. (Stamp or Seal) Notary Public Peter Landweber Properties LLC by: Peter S. Landweber, Member STATE OF NEW JERSEY ) )ss: /MLJ COUNTY) This instrument was acknowledged before me on this /% day of May, 2007, by Peter S. Landweber, Manager of Peter Landweber Properties LLC. (Stamp or Seal) Page 4 of 4 THERESE HOLLANDER NOTARY PUBLIC STATE OF NEW JERSEY Rfy Commission Expires July 24, 20" CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California �1 ss. I County of - �1�rJ On Aq li" 19() before me, (/ 'DW 4 i personally appeared -•.. MARGARET R. HILL Commission # 1452773 • i } Notary Public - California Alomeda County " "• MY Comm- Expires Nov23, 204 ❑,,,PPPersonally known to me improved to me on the basis of satisfactory / evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official s et Sg Ve d NdW PL OPTIONAL Though the information below is not required by law, if mayprove valuable to persons rot n 'on the document and could prevent fraudulent removal and reattachment of this form to er ent. Description of Attached Document Title or Type of Document _ Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Sign Signer's Name • Individual Top of lhomb here • Corporate Officer —Title(s)- ❑ Partner —0 Limited ❑ neral • Attorney -in -Fact • Trustee • Guardian or Consery or ❑ Other: Signer Is Representing: ®199914f MWdgkO aS •9350 Do Soto AM, P.O. Box 2402•ChatsxoM, CA 913132402•xxw.raeonal,wlaryorg PM W. 5907 RmN .. 00 TMTree 1.600A76i 7 1� Prepared by and return to: C. Joseph Holland,123 N. Linn St., Suite 300, Iowa City, IA 52244 (3 19) 354-0331 PUBLIC ACCESS AND FIRE APPARATUS ACCESS EASEMENT PEPPERWOOD PLAZA SUBDIVISION 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 public access easement and City service access easement upon, over, under, along, and across the areas designated as "Access Easement" on the final plat for Pepperwood Plaza Subdivision, Iowa City, Iowa. 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. Services shall mean use, operation, and maintenance of facilities installed as of the date of. this easement and shall not include the right to install additional utilities or facilities without further written agreement. 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. 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 State of Iowa. This easement shall serve as appropriate notice to the public for such authorization to the City's Police Department under the Code of Iowa, as amended. The City shall have no responsibility for maintaining the easement area. The City shall indemnify Owner against any loss and damage which shall be caused by the negligent exercise of any said rights of ingress or egress or use by the City, its agents, employees in the course of their employment. Page 1 of 5 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 the Grantor shall not erect or construct any structure, reservoir, retaining wall, or other obstruction on said areas, except as necessary for proper functioning and use as parking. 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. This easement shall inure to the benefit of and bind 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. 22 Dated as of this 1il V day of May, 2007. STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument was May, 2007, by Joseph T. Development Company, Inc. (Stamp of Seal) ANGELAJACOBY Comefissron Nwnber l22t84 Nry Com�sbn Exyas OM Southgate Development Company, Inc. by oseph T. Braverman, -V P esident rd acknowledged before me on the day Braverman, Vi=M2fPresident of Southgate Notary Publi in an 1fo t e tate of Iowa 985 Building I, LLC by: Southgate Development Company, Incber and Mana er by: Teresa L. Morrow, Vice - President Page 2 of 5 1p STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this A�, rday of May, 2007, by Teresa L. Morrow, Vice - President of Southgate Development Company, Inc., Member and Manager of 985 Building I, LLC. (Stamp or Seal) �_ XIJIX UIJL1�� Notary Public (in and qr the S to of Iowa ANGELA JACOBY �� Conmtissbn Nwnbor )vy7 l.Fy Commissbn Fxp1 10,1 985 Building II, LLC by: Hi ronymi Partners, LLP, Member y: qohn Albert Hier ymus, Managing er STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on thisC21 day of May, 2007, by John Albert Hieronymus, Managing Partner of Hieronymi Partners, LLP, Member of 985 Buil ng II, LLC. (Stamp or Seal) Notary Public in and for the State o owa' PAMELA S. MANARY s bnN b° T W^' 985 Building III , LLC by: Hie eronymi Partners, LLP, Member ierony*s, Managing Page 3 of 5 f�2 STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument was May, 2007, by John Albert Partners, LLP, Member of (Stamp or Seal) NEE] STATE OF IOWA ) )ss: JOHNSON COUNTY ) acknowledged before me on this day of Hieronymus, Managing Partner of Hieronymi 985 Bui]ging III, LLC. Notary Public in and for the State ,6f Iowa 985 B ild'ng IV, LLC by: ed ldings, LLC, Member Scott Ande sen, Member i This instrument was acknowledged before me on this day of May, 2007, by Scott Andersen, Member of Cedar Holdings, LLC,'Member of 985 Building IV, LLC. (Stamp or Seal) D Notary Public in and for the St to of Iowa PN,;, Victor Landweber Properties LLC by: Victor A. Landweber, Manager STATE OF CALIFORNIA ) ss: A(LNJvke'o(gNe COUNTY ) � Ll rvIz lk� /. A This instrument w acknowledged before me on this day of May, 2007, by Vict A. Landweber, Manager of Victor Landweber Properties LLC. (Stamp or Seal) Notary Public Page 4 of 5 "V Peter Landweber Properties LLC PQ�j.fo� by: Peter S. Landweber, Member STATE OF NEW JERSEY ) )ss: /6b-t - E' COUNTY ) This instrument was acknowledged before me on this /1 day of May, 2007, by Peter S. Landweber, Manager of Peter Landweber Properties LLC. (Stamp or Seal)�� Notary Public THERESE HOLLANDER NOTARY PUBLIC STATE OF NEW ,JERSEY My Commission Expires July 24, 2005 Page 5 of 5 /0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Lk �t2�Q/ On / /// Ir �G�r7� before me, 1 Date personally appeared l d I2 i MARGARET R. HILL Commission # 1452773 o _ Notary Public - California Alameda County ` My Comm.Expires Nov23, 2007 I ss. ❑ personally known to me ELpr6ved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his /her /their authorized capacily(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. gnaNre d Notary PJ�c �/ OPTIONAL Though the information below Is not requlred bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of tit's form to another document. Description of Attached Document Title or Type of Document: Document Dale: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: • Individual • Corporate Officer — Till ❑ Partner — ❑Limited ❑ • Attorney -in -Fact • Trustee • Guardian or Consent I • Other: 7 Signer Is Soto Aye., P.O. Box 2402• ga WoN4 CA 913132602• xwxrva6onalnota g Number of Pages: J11W TRUMBPRINT �. OFSIGNEP ' LN Prod. No. 5Xo Header. Ca@ TO F. 1S 76b 7 ✓� CITY OF IOWA CITY, IOWA By: 621t� `, J ATTEST: _ - -J Ross Wilburn, Mayor Malian K. Karr, City Clerk CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 6 day of T m E 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn 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 Ross Willburn 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. SONDRAEFORT � Fe,;-b Commission Number 159791 Notary Public in and for the State of Iowa My Comm sslon Expires low q Doc ID: 020874580010 Tvue; GEN Recorded: 06/08/2007 at 03:59:14 PM Fee Amt; 852.00 Pace 1 of 10 Johnson Countv Iowa Kim Painter Countv Recorder BK4169 PG 1000 -loos STATE OF IOWA ) ) SS JOHNSON COUNTY ) I r 1 111 SNIP =I ` ^nom CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa S2240 -1826 (319) 356 -5000 (319) 3S6 -5009 FAX www.icgov.org I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a tare and correct copy of Ordinance No.07 -4263 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 5`h day of June, 2007, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 7th day of June, 2007. Marian R -Karr City Clerk \ord q) Prepared by: Sarah Walz, Associate Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240;319- 356 -5239 ORDINANCE NO. 07 -4263 AN ORDINANCE REZONING APPROXIMATELY 14.5 ACRES FROM HEAVY INDUSTRIAL (1 -2) TO GENERAL INDUSTRIAL (1 -1) AND REZONING APPROXIMATELY 36.65 ACRES TO PLANNED DEVELOPMENT OVERLAY /GENERAL INDUSTRIAL (OPDII -1) AND APPROVING A SENSITIVE AREAS DEVELOPMENT PLAN FOR PROPERTY LOCATED NORTH OF IZAAK WALTON ROAD EAST OF OAKCREST HILL ROAD. (REZ07- 00004) WHEREAS, the applicant, County Materials Corporation -West Lucas LLP, has requested a rezoning of approximately 14.5 acres of property located north of Izaak Walton Road and east of Oak Crest Hill Road from Heavy Industrial (1 -2) to General Industrial (1 -1); and WHEREAS, the applicant is also requesting a rezoning of 36.5 acres (including the property above) from General Industrial (1 -1) to Planned Development Overlay /General Industrial (OPD /1 -1); and WHEREAS, while the Comprehensive Plan indicates this area as open space due to the presence of flood plain and wetlands as well as the limited ability to provide sewer, unless the property is purchased by the City or another private entity to preserve it as open space, the owner has the right to develop the property for uses permitted under the current zoning; and WHEREAS, the property contains environmentally sensitive areas, for which the applicant has provided a plan delineating the sensitive features for the protection and mitigation of those features; and WHEREAS the proposed development activity will result in the filling of 1.96 acres of wetland, which requires Planned Development Overlay rezoning and approval of a Sensitive Areas Development Plan for the overall site; and WHEREAS, the applicant's mitigation plan will construct 3.92 acres of new wetland on site; and WHEREAS, the applicant has requested a 50 -foot reduction in the required 100 -foot wetland buffer; and WHEREAS, based on information submitted by the applicant, staff supports a 50 -foot reduction of the buffer along the eastern edge of the wetland while retaining the required 100 -foot buffer along the wetland's northern perimeter; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and development plan and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need to protect and /or mitigate the wetlands on site; 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 directly caused by the requested change; and WHEREAS, the conditions recommended by the Commission are related to protecting and ensuring the function of the wetland area on site; and WHEREAS, the owner /applicant has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto and incorporated herein 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, the property described below is hereby reclassified from its current zoning designation of Heavy Industrial (1 -2) to General Industrial (1 -1) : COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P,M.; THENCE NORTH TO THE SOUTHWEST CORNER OF THE NORTH TEN (10) ACRES OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 27; THENCE EAST 815 FEET; THENCE SOUTHERLY TO A POINT ON THE SOUTH LINE OF SAID SECTION 27; WHICH POINT IS 440 FEET WEST OF THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 27, THENCE WEST TO THE PLACE OF BEGINNING. ALL OF SAID PROPERTY LYING IN IOWA CITY, JOHNSON COUNTY, IOWA. CONTAINING 14.5 ACRES. Ordinance No. 07 -4263 Page 2 tom' Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, the property described below is hereby reclassified from its current zoning designation of General Industrial (I -1) to Planned Development Overlay/ General Industrial (OPD /1 -1) : A PORTION OF THE FAST ONE -HALF OF THE SOUTHEAST ONE - QUARTER OF SECTION 28 AND A PORTION OF THE SOUTHWEST ONE- QUARTER OF THE SOUTHWEST ONE - QUARTER OF SECTION 27, ALL IN TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: AUDITOR'S PARCEL 2006146 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N89 °40'19 "W, ALONG THE SOUTH LINE OF THE SOUTHEAST ONE- QUARTER OF SAID SECTION 28, A DISTANCE OF 360.06 FEET TO ITS INTERSECTION WITH THE EASTERLY RIGHT -OF -WAY LINE OF THE CRANDIC RAILROAD (FORMERLY C.R.I. & P. RAILWAY); THENCE N12 001'22 "W, ALONG SAID EASTERLY RIGHT OF WAY LINE, 1536.13 FEET; THENCE S89 °35'12 "E, 690.87 FEET TO A POINT ON THE EAST LINE OF SAID SOUTHEAST ONE - QUARTER OF SECTION 28; THENCE S00 °24'48 "W, ALONG SAID EAST LINE, 504.46 FEET TO THE SOUTHWEST CORNER OF THE NORTH 10 ACRES OF THE SOUTHWEST ONE - QUARTER OF THE SOUTHWEST ONE- QUARTER OF SECTION 27, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINICIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N89 °52'25 "E, ALONG THE SOUTH LINE OF SAID NORTH 10 ACRE TRACT, 815.00 FEET; THENCE S03 °56'18 "E, 999.22 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST ONE - QUARTER OF SAID SECTION 27; THENCE N90 °00'00 "W, ALONG SAID SOUTH LINE, 890.81 FEET TO THE POINT OF BEGINNING, CONTAINING 37.595 ACRES AND IS SUBJECT OT 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 properly owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and the attached Conditional Zoning Agreement for this property, 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. ,,vin Ordinance No. 07 -4263 Page 3 Passed and approved this 5th day of .tune , 20-o-z_. c"=L 1 MAY R ATTEST:��n CITY CLERK Appr e y T, 1-y Attor y's -e " V 5 9 PpdadmlNOrdrru07- 000041w road.do V� Ordinance No. 07 -4263 Page 4 It was moved by Bailey and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Elliott x O'Donnell x Vanderhoef x . Wilburn First Consideration 5/14/2007 Voteforpassage: AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia. NAYS: None. ABSENT: None. Second Consideration ---- -- ----- Vote for passage: Date published 6/13/2007 Moved by Bailey, seconded by O'Donnell, 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 passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia. NAYS: None. ABSENT: None. IV Prepared by: Sarah Walz, Associate Planner, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5239 (REZ07- 00004) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and County Materials Corporation -West Lucas LLP (hereinafter "Owner "); and WHEREAS, Owner is the legal title holder of approximately 36.65 acres of property located east of Oak Crest Hill Road and north of Izaak Walton Road; and WHEREAS, the Owner has requested the rezoning of a portion of the property (14.5 acres) from Heavy Industrial (1 -2) to General Industrial (1 -1), and a rezoning of the entire property, 36.65 acres, from General Industrial (1 -1) to Planned Development Overlay /General Industrial (OPD /1 -1); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions for the protection and mitigation of wetlands, 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 directly 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 requirements for protecting and mitigating the wetlands on site; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of the following Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. County Materials Corporation -West Lucas LLP is the legal title holder of the property legally described as follows: A PORTION OF THE EAST ONE -HALF OF THE SOUTHEAST ONE- QUARTER OF SECTION 28 AND A PORTION OF THE SOUTHWEST ONE - QUARTER OF THE SOUTHWEST ONE - QUARTER OF SECTION 27, ALL IN TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: AUDITOR'S PARCEL 2006146 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N89 °40'19 "W, ALONG THE SOUTH LINE OF THE SOUTHEAST ONE - QUARTER OF SAID SECTION 28, A DISTANCE OF 360.06 FEET TO ITS ppdadnVagVua4ez07 -00004 a wallon road,do 1 INTERSECTION WITH THE EASTERLY RIGHT -OF -WAY LINE OF THE CRANDIC RAILROAD (FORMERLY C.R.I. & P. RAILWAY); THENCE N12 °01'22 "W, ALONG SAID EASTERLY RIGHT OF WAY LINE, 1536.13 FEET; THENCE S89 °35'12 "E, 690.87 FEET TO A POINT ON THE EAST LINE OF SAID SOUTHEAST ONE - QUARTER OF SECTION 28; THENCE S00 °24'48 "W, ALONG SAID EAST LINE, 504.46 FEET TO THE SOUTHWEST CORNER OF THE NORTH 10 ACRES OF THE SOUTHWEST ONE - QUARTER OF THE SOUTHWEST ONE - QUARTER OF SECTION 27, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" PRINICIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N89 °52'25 "E, ALONG THE SOUTH LINE OF SAID NORTH 10 ACRE TRACT, 815.00 FEET; THENCE S03'56'1 8"E, 999.22 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST ONE - QUARTER OF SAID SECTION 27; THENCE N90 000'00 "W, ALONG SAID SOUTH LINE, 890.81 FEET TO THE POINT OF BEGINNING, CONTAINING 37.595 ACRES AND IS SUBJECT OT EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Sensitive Areas Development 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 directly 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 additional conditions: a. That the phase I outdoor storage area be developed as a system of concrete paved drives and sand storage beds in compliance with the finally approved site plan. b. The Owner shall submit a landscape plan which must be approved by the City Forester. c. That no outdoor storage be allowed outside of those areas designated and constructed for outdoor storage as per the finally approved site plan and the design of the sand beds shall be approved by staff. d. Prior to development, the phase II storage area must be delineated (area and location) and a site plan must be submitted and approved by staff; the site plan must comply with all code requirements and the phase II storage area must be paved with a dust -free material such as concrete or asphalt or with alternative materials to be approved by the Building Official. e. Approval of the stormwater management and erosion control plans by City Engineering Staff. f. Wetland monitoring reports prepared by a wetland specialist shall be submitted to the City on an annual basis for a period of ten years. In the event that the reports recommend additional maintenance or other action to address the health and function of the wetland, the Applicant/Owner shall comply with recommendations contained in the report within a reasonable time period. ppdadMagV=a4ez07*0004 iz Walton road.d 2 A 50 -foot reduction in the required wetland buffer is approved for phase I of the site (that area east of the wetlands) subject to: g. The maximum paved area in the phase I outdoor storage shall be in compliance with the finally approved site plan and pavement shall be designed to shed water into the sand beds, and the design of the sand beds shall be approved by staff. h. The bio- retention basins indicated in the mitigation plan shall be designed to comply with the Iowa Stormwater Management Manual through the use of an engineered soil subgrade as approved by staff. i. An additional berm shall be built to an elevation that will force water to flow into the wetland area. j. The Owner shall substantially comply with all other aspects of the finally approved mitigation and development plan. k. The mitigation and development plan shall be approved by the Army Corps of Engineers and the U.S. Fish and Wildlife Service. 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 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 terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. The Owner acknowledge(s) that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Owner's expense. ppdatlMagVua+ez07- 000041z wallop road.doc 3 n t 0 Dated this r' day of 20 07 CITY OWA CITY Ross Wilburn, Mayor By: Attest: Marian K. Karr, City Clerk Approved by: CORPORATE SEAL G_ ityA�rney's (offis CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this -5- day of A.D. 20 a 7 , before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilburn 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. s SONDRAEFORT _ Commission Number 159791 M Commission Eires ow 3 7 otter Notary Public in and for the State of Iowa My commission expires: '3/ 7/aoc� ppdada✓a9VUa- rez07R00004 iz wallop road doo 4 ^ l O Dated this � day of jh1Qu 20e 7 3 COUNTY MATERIALS CORPQRATION a �L Merlb D. Headington, GaRPORATION-WEST at Manager - Iowa COUNTY MATERIALS LUCAS LLP ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) On this Lz day of )�nzzc4-� A.D. 2019% , before me, the undersigned, a Notary Public in ap�d for- 0 the State of Iowa, personally appeared r 2 de di to me personally known, who being by me duly sworn, d& s ty that the erson is ener 1 =L'90-2 (title) of ran is s r , and that said instRiment was signed on behalf of the said li ited liab'My company by authority of its managers and the said fl&. rte 9�le4A acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. Notary Public in and for the State of Iowa My commission expires: q -a3-oq ppdadm1agYua- rez07-00004 rzwallon road.do rJ ^ �y Doc ID: 020874570014 Tvoe: GEN Recorded: 06/08/2007 at 03:24:15 PM Fee Amt: $72.00 Pace 1 of 14 Johnson Countv Iowa Kim Painter Countv Recorder 6K4169 P0986 -999 ke' - STATE OF IOWA ) ) SS JOHNSON COUNTY ) t i Six dill p' CITY OF IOWA CITY 410 East Washington Street Ibwa 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 hue and correct copy of Resolution No.07 -166 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 5`11 day of June, 2007, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 7t" day of June, 2007. Marian :Karr City Clerk Ves - 1 Z1 Prepared by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 07 -166 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A STORMWATER MANAGEMENT EASEMENT AGREEMENT AND SANITARY SEWER EASEMENT AGREEMENT FOR LOT 1, B.D.I. THIRD ADDITION, (ACT MCCARREL DISTRIBUTION CENTER), IOWA CITY, IOWA. WHEREAS, pursuant to the Code of Ordinances of the City of Iowa City, Iowa, ACT Inc., submitted a site plan for additional development on Lot 1, B.D.I. Third Addition, (ACT McCarrel Distribution Center) in Iowa City, Iowa; and WHEREAS, under said plan, additional stormwater management basins and a sanitary sewer line were installed to service the additional development, and certain easement rights must be acquired to ensure the continued operation of the newly installed public infrastructure; and WHEREAS, City staff has approved the location of the newly installed public infrastructure servicing this development; and WHEREAS, the easement agreements require City Council approval; 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 Stormwater Management Easement Agreement and Sanitary Sewer Easement Agreement for Lot 1, B.D.I. Third Addition, (ACT McCarrel Distribution Center), 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 Agreements in the Johnson County Recorder's Office at the expense of ACT, Inc. Passed and approved this 5th day of June _, 2007. MAYOR ATTEST: CITY LERK Appr ved -by y A tgrne c Uanduse= cCarrel Ease is Res CORPORATE SEAL 06.05 -07 4e(2) 2� Resolution No, 07 -166 Page 9 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: x x x x x x x NAYS: Correia the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn ti� ORIGINAL Prepared by and Return lo: Thomas H. Gelman, 321 Market Street, Iowa City 1A 52244 (319)354 -1104 STORM WATER MANAGEMENT EASEMENT AGREEMENT ACT, INC. (Re: Lot 1, BDI Third Addition, Iowa City, Iowa) THIS AGREEMENT is made by and between ACT, Inc., an Iowa corporation (hereafter Owner) and the City of Iowa City, Iowa, a municipal corporation (hereafter 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 operating and maintaining storm water control structures and storage areas, otherwise known as Storm Water Control Facilities, over the areas designated as Storm Water Management Easement as shown on the attached Exhibits A and B (hereafter "easement areas "), together with the right of reasonable ingress and egress to and from the easement areas over adjoining land of the grantor for the purpose of exercising any of the rights herein granted. Owner further grants to the City the following rights in connection with the easement: 1. The right to grade the easement areas and the right to extend the cuts and fills for such grading into and on land along and adjacent to the easement areas to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away all trees and brush on the easement areas and on either side of the easement areas that now or hereafter, in the opinion of the City, may be a hazard to Storm Water Control Facilities or may otherwise interfere with the exercise of the City's rights hereunder. 1 2'f The City shall indemnify Owner against any loss and damage which shall be caused by the negligent exercise of any said ingress or egress, construction, use or maintenance by the City or its agents or employees in the course of their employment. Owner reserves the right to use the easement areas for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided, Owner shall not within the easement areas 1) erect or construct any building, fence, retaining wall or other structure (other than Storm Water Control Facilities); 2) plant any trees; 3) drill or operate any well; 4) construct any obstructions, or 5) substantially add to the ground cover. Owner shall maintain the area surrounding the easement areas free from weeds and debris and shall in no event fill or permit the Storm Water Control Facilities to be filled in, and Owner also agrees to maintain its adjacent land so as to minimize erosion in and around said easement areas. Owner hereby covenants with the City 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. After completion of the Storm Water Control Facilities, Owner and its successors And assigns shall thereafter maintain said Facilities and easement areas. The maintenance shall include maintaining and mowing the ground cover over the basin area and keeping it free of debris. The City shall have no obligation for maintenance of such Facilities or the easement areas. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original storm water management improvements at issue herein. Nor shall Owner 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 improvements herein shall be in accordance with City specifications and the obligation shall remain on the Owner until completion by the Owner. This Agreement 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 title to the land. [Remainder of Page Intentionally Left Blank - Signature and Acknowledgement Pages Follow] 2 Dated �iGL �t 2007. ATTEST: Marian—K. Karr, City Clerk ACT, INC. _ By Thomas J. Goedken, Sr. Vice President and CFO By 7k --e- - Tom Struve, Assistant Vice President CyTY�'�A� , IOWA B \ Ross Wilburn, Mayor ti1 STATE OF IOWA, COUNTY OF JOHNSON n /� g This instrument was acknowledged before me on I V `q� 1 U 2007, by Thomas J. Goedken as Sr. Vice President and CFO of ACT, Inc. KGV- C. mil (w Notary Public for the State of Iowa NOTARIAL SEAL STATE OF IOWA, COUNTY OF JOHNSON This instrument was acknowledged before me on ��, 2007, by Torn Struve, as Assistant Vice President of ACT of ACT, lie. C- W114- Notary P lic for the State of Iowa �o NOTARIAL SEAL STATE OF IOWA, COUNTY OF JOHNSON On this S day of 7aNe� , 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally Ross Wilburn 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 that the instrument was signed and �s$a�l(ed�on behalf of the corporation, by authority of its City Council, as C'M?amedin Ai arse No. passed by Resolution of the City Council under Roll Call No. of the City Council on the _S day of �nIF 2007; and Ross Wilburn 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. o WAI J SONDRAEFORT (� _ Commission Commis Number 159791 low 3 '7 o Notary Public for the State of Iowa 4 1 / 3 / \ ZZ /! \ � < 0 _ u 5 tr rr / � \ I \� b :.( § / 7 ) �� \/ � .� vmol (\) / \( {( \� § (� g�§ 2 � j\ \ e + \j} \: % . � . � � \ % % � \ \\� � : \ \ \ }\ \ \\ % . � . � � \ % % � \ \\� � : ll b6rv�yp . �I 'uo�8wunol9 ��I 'auiloyy tll 'aaoiory sad , yi '61�p enrol• VI 'sP!�eg .epee ,\\\ I— Z L j 2 w vJ Q w I— Z Z Wc M G O < $FLU <0 FnQs� XQm3 w °- w o I- Q PY O F- U) �r VM01 'A1NnOO NOSNHOr 'AllO VMOI A- _ N tl n O .o _ N sec _ - — Z xw 9 o 6 0 ` C _ 3 < s A- _ N tl n O .o _ N o: e /7 r <3o =po zhc O —mpo O <Mp , I W60 :awl I LOWIs L1S0 3Ltl0 j A I apogsf j sec _ o: e /7 r <3o =po zhc O —mpo O <Mp , I W60 :awl I LOWIs L1S0 3Ltl0 j A I apogsf j Prepared by and return to: Thomas H Gelman P.O. Box 2150 Iowa City IA 52244 -2150 (319)354 -1104 PERMANENT SANITARY SEWER EASEMENT AGREEMENT FOR ACT, INC. (Re: Lot 1, BDI Third Addition, Iowa City, Iowa) THIS AGREEMENT, made and entered into by and between ACT, hrc, as "Owner ", and the City of Iowa City, Iowa, a municipal corporation ( "City"). In consideration of their mutual promises herein, Owner and City agree as follows: 1. The Owner hereby grants and conveys to the City a permanent easement for the purpose of excavating for and the installation, replacement, maintenance and use of such sanitary sewer (hereinafter collectively referred to as "public improvement ") as the City shall, from time to time, elect to use for the conveyance of sanitary sewage, and all necessary appliances and fittings for use in connection with said public improvement, together with adequate protection thereof and also a right -of -way with right of ingress and egress thereto, over, through and across the permanent easement area, as shown and described on Exhibit A attached hereto and by this reference made a pall hereof (hereafter `Basement Area "). The Owner further grants to the City the following rights in connection with the above uses: a. The right of grading said Easement Area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said Easement Area. b. The right to require the Owner to trim and cut down and clear away all trees and brush on the Easement Area which now or hereafter, in the opinion of the City, may be a hazard to said Easement Area, or which may interfere in any manner with the City's exercise of its rights herein. C. The right to enter onto land beyond the Easement Area and conduct emergency repair which may extend minimally beyond the Easement Area without obtaining a separate temporary easement. City agrees to restore said area substantially to its prior condition, as set forth in Paragraph 2 below. 2. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the Easement Area, including any damages by virtue of future excavation or use of the Easement Area. The City shall indenmify Owner against loss or damage which occurs as a result of the City's acts or omissions in the exercise of its easement rights therein. Once the Easement Area has been 2� completely restored to its prior condition and except as expressly provided in this Easement Agreement, the City shall have no responsibility for maintaining the Easement Area. 3. The Owner and City acknowledge that Owner reserves the right to use said Easement Area for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided, that the Owner shall not erect or construct any building, retaining wall or other structure; plant any trees; drill or operate any well; construct any reservoirs or other obstructions on said Easement Area; and will not substantially diminish or add to the ground cover over said Easement Area. In addition, Owner may construct a fence over or upon the Easement Area, but only after submittal to the City of a schematic design and prior written approval of the City Engineer, which approval shall not be unreasonably withheld. 4. Nothing in this Agreement shall be constructed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall the 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 the Owner until completion by the Owner and until acceptance by the City, as by law provided. 5. The Owner hereby covenants with the City that Owner is lawfully seized and possessed of the real estate above described by virtue of legal and/or equitable titles, and that it has good and lawful right to convey the Easement herein. 6. 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 nm with the land and with the title to the laud; and shall be recorded in the Johnson County Recorder's Office at Owner expense. [Remainder of Page Intentionally Left Blank - Signature and Acknowledgement Pages Follow] 2 1 Signed this day of AAa-4� , 2007. CITY OF IOWA CITY, IOWA By Ross Wilburn, Mayor By / /�lQ.� f -1�C�%L� Marian— K. Karr, City Clerk Approved by City Attorney's Office FACT,, INC. By�/ Thomas J. Goedken, Sr. Vice President and CFO By Tom Struve, Assistant Vice President -0 STATE OF IOWA, COUNTY OF JOHNSON This instrument was acknowledged before me on MW `W ) , 2007, by Richard L. Ferguson, as Chief Executive Officer and Chairman of ACT, Vile. 0-4� C.N;(�r Notary Public for the State of Iowa w� NOTARIAL SEAL STATE OF IOWA, COUNTY OF JOHNSON � n � � R This instrument was acknowledged before me on 1 �''w1 1 " 2007, by Torn Struve, as Assistant Vice President of ACT, Inc. ►� eft r� c . wt; 4r Notary Public for the State of Iowa wU NOTARIAL SEAL STATE OF IOWA, COUNTY OF JOHNSON On this S_ day of .1 . , 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn 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 that the instru3uen� Naas signed and sealed on behalf of the corporation, by authority of its City Council, as c` iia"inecfin rt�r irtauce`No. c)q- 16& passed by Resolution of the City Council under Roll Call No. of the City Council on the 5 day of ; I-u n E , 2007; and Ross Wilburn 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. WESONDRAE FOD ssion Number Co �misslo Notary Public for the State of Iowa -0 Iwsvan _ sra mwaem T "'S1�311FpHtl UNtl Skl'33N1'JItl3 uwol�s sv �sm°s s�Ae�� era � � l�l9i111la1 -�!&�S V=I'wovmoi N I - c o OWOOY QU5U TOM 1101 NI N wqC =.M ...l.• _ . 6 Y' F_ tt T v° lo =om can 05 � .Ll x., 11 �rJ " LN w a = 0 3 .°• ° T ,b _ IiTi W L mi Nm O oW n�u N' _ N °O 2 � °o.m E mE m5 u c °L aEP v° lo =om can 05 � .Ll x., 11 �rJ " LN w Doc ID: 020874530020 Tvoe: GEN Recorded: 06/08/2007 at 03:01:27 PM Fee Amt; $102.00 Page i of 20 Johnson County Iowa Kim Painter Countv Recorder 13K4169 PD966-985 STATE OF IOWA ) ) SS JOHNSON 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 true and correct copy of Resolution No.07 -165 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 5 °i day of June, 2007, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 7th day of June, 2007. Marian . "Karr City Clerk �t-es V Prepared by: Sarah E. Holeoek, First Asst. City Attorney, 410 E. Washington St„ Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 07_165 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A STORMWATER MANAGEMENT EASEMENT AGREEMENT, SANITARY SEWER EASEMENT AGREEMENT AND WATER MAIN EASEMENT AGREEMENT FOR ACT MAIN CAMPUS, IOWA CITY, IOWA. WHEREAS, pursuant to the Code of Ordinances of the City of Iowa City, Iowa, ACT Inc., submitted a site plan for additional development of their main campus in Iowa City, Iowa; and WHEREAS, under said plan, additional stormwater management basins, a sanitary sewer line and a water main was installed to service the development within the main campus, and certain easement rights must be acquired to ensure the continued operation of the newly installed public infrastructure; and WHEREAS, City staff has approved the location of the newly installed public infrastructure servicing this development; and WHEREAS, the easement agreements require City Council approval; 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 Stormwater Management Easement Agreement, Sanitary Sewer Easement Agreement and Water Main Easement Agreement for ACT Main Campus, 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 Agreements in the Johnson County Recorder's Office at the expense of ACT, Inc. Passed and approved this 5th day of June , 2007. LL MAYOR ATTEST: CITY CLERK 'z`gn CORPORATE SEAL 06 -05 -07 4e (l) /7/q Resolution No. 07 -165 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 u Elliott x O'Donnell x Vanderhoef x Wilburn V ORIGINAL Prepared by and Return to: 'Thomas H. Gelman, 321 Market Street, Iowa City IA 52244 (319)354 -1104 STORM WATER MANAGEMENT EASEMENT AGREEMENT ACT, INC. THIS AGREEMENT is made by and between ACT, Inc., an Iowa corporation (hereafter Owner) and the City of Iowa City, Iowa, a municipal corporation (hereafter 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 operating and maintaining storm water control structures and storage areas, otherwise known as Stone Water Control Facilities, over the areas designated as Storm Water Management Easement as shown on the attached Exhibit A (hereafter "easement areas "), together with the right of reasonable ingress and egress to and from the easement areas over adjoining land of the grantor for the purpose of exercising any of the rights herein granted. Owner further grants to the City the following rights in connection with the easement: 1. The right to grade the easement areas and the right to extend the cuts and fills for such grading into and on land along and adjacent to the easement areas to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away all trees and brush on the easement areas and on either side of the easement areas that now or hereafter, in the opinion of the City, may be a hazard to Storm Water Control Facilities or may otherwise interfere with the exercise of the City's rights hereunder. I r, 1Z The City shall indemnify Owner against any loss and damage which shall be caused by the negligent exercise of any said ingress or egress, construction, use or maintenance by the City or its agents or employees in the course of their employment. Owner reserves the right to use the easement areas for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided, Owner shall not within the easement areas 1) erect or construct any building, fence, retaining wall or other structure (other than Storm Water Control Facilities); 2) plant any trees; 3) drill or operate any well; 4) construct any obstructions, or 5) substantially add to the ground cover. Owner shall maintain the area surrounding the easement areas free from weeds and debris and shall in no event fill or permit the Storm Water Control Facilities to be filled in, and Owner also agrees to maintain its adjacent land so as to minimize erosion in and around said easement areas. Owner hereby covenants with the City 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. After completion of the Storm Water Control Facilities, Owner and its successors and assigns shall thereafter maintain said Facilities and easement areas. The maintenance shall include maintaining and mowing the ground cover over the basin area and keeping it free of debris. The City shall have no obligation for maintenance of such Facilities or the easement areas. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original storm water management improvements at issue herein. Nor shall Owner 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 improvements herein shall be in accordance with City specifications and the obligation shall remain on the Owner until completion by the Owner. This Agreement 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 title to the land. [Remainder of Page Intentionally Left Blank - Signature and Acknowledgement Pages Follow] 2 ti Dated 18 2007. ACT, INC. By j Thomas J. Goedken, Sr. Vice President and CFO By Tom Struve, Assistant Vice President CIT=OWA CITY, iOW Ross Wilburn, Mayor ATTEST: Ma� �' � RpORAiE SEAL Marian K. Kan', City Clerk CO 5� STATE OF IOWA, COUNTY OF JOHNSON This instrument was acknowledged before me on IS , 2007, by Thomas J. Goedken as Sr. Vice President and CFO of ACT, Inc. Notary Publid for the State of Iowa � 0 NOTARIAL SEAL STATE OF IOWA, COUNTY OF JOHNSON This instrument was acknowledged before me on r A 2007, by Tom Struve, as Assistant Vice President of ACT of ACT, Irk. Notary Pu lic for the State of Iowa �o NOTARIAL SEAL �-6.0 STATE OF IOWA, COUNTY OF JOHNSON On this :_ day of . t -iAje. , 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally Ross Wilburn 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 that the instrument was signe endp� e�led on behalf of the corporation, by authority of its City Council, as containe m OtWma `ANo. ° ! 65 passed by Resolution of the City Council under Roll Call No. of the City Council on the 5 day Of :T�, mF , 2007; and Ross Wilburn 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. WM9 M 59791 Samclnt�. Ft—b ires Notary Public for the State of Iowa 4 rb 2 b LZOJC -bet :a3snnN wa:J soun3l T bfimlyp . ll 90j&1W11 , • 31'd -W' tl15au!oW sep • tll -A!0 .I • tll sapea ]epeo A33:T i-T.V'F'r, aAIHS ooa kcal 'm ,B'60t 9 -6L -I '035 N ` °-' 2iN31, VIa01S £O 3S .109 3 .Ob.ZG S a/I n15 t3NbM 3N NOl133S b/I MS 3N0 H190N 3 -6C -t NO:ID 9 35 I MN 3Nn Nl F-4 ,44092 3 ro.6B - 9NIN'NI93E 30 1NIOd Z V3V 1N3MSV3 1N311KINVYV aMWA Wdo1S DI u 0 f I� v3ae 1N3113SV3 ar - esr Na.ba T- [c /alis ilea O JI aivm waois 1334 NI 31V05 OOb OoZ COL 0 "" -GCf (611) a1-0 e 14 (6 01 9910 -nzzs ev.Ol '..L] v0. .1,,c bA101 'A11C IE86 a9i %Oa a 111tl: 31b ".XIeJN >f8L 3nitl] 1]I oC5 ]1:1 'A Mi1M H -J:IH$ A3 '1]Y �b0Ay1tlN5 �bixmC .:la3d:ld 'JNINNOIG Jo 1NIod 008 Nozl 'aJ 9 -6G -Z 03S ,/L 3N 83N'800 3S ONV 9 -64-t '03S b/I IAN N3Naca Ins cNe 9 -6L -t 'C3S b/I IAs — N3NNOO :J.N r F { �� 3 00.0 N QI \ \ \\ ❑ 9 NINNlo39 Jc 1NI'Jd ONINN103£ -JO 1NIOd O ,M V36V 1N3143`J dNVN a31tln1 njois INJOIS I y � 3 .Lb.fi8 N 'NOW 'ONO -0J `I 9 -6L -Z '0 =5 b/t 3N 800 3N - VMOI 'A.LIO VMOI 'JNI 'lOV 1N3W3SV3 1N3W3E)VNVW 831VM HHO1S V 1181HX3 9Z DI :alst I ^oz /.z /so , -1ac ^ ma I ,B'60t V381 1N3V,3SV3 0 cs 1N3V30YNV4v N, ,90.11 5 ` °-' 2iN31, VIa01S .109 3 .Ob.ZG S m / : ONINN103£ -JO 1NIOd O ,M V36V 1N3143`J dNVN a31tln1 njois INJOIS I y � 3 .Lb.fi8 N 'NOW 'ONO -0J `I 9 -6L -Z '0 =5 b/t 3N 800 3N - VMOI 'A.LIO VMOI 'JNI 'lOV 1N3W3SV3 1N3W3E)VNVW 831VM HHO1S V 1181HX3 9Z DI :alst I ^oz /.z /so , -1ac ^ ma I EXIIIBIT A Descriptions Storm Water Management Easement Storm Water Management Easement Area 1 That part of the Northwest Quarter of the Southwest Quarter of Section 1, Township 79 North, Range 6 West of the 51h P.M., Iowa City, Johnson County, Iowa described as follows: Commencing as a point of reference at the Northwest corner of the Southwest Quarter of said Section 1; thence North 89 °41' East 57.1 feet along the North line of said Southwest Quarter (assumed bearing for this description only); thence South 0 °19' East 131.6 feet to the point of beginning; thence North 89 °42' East 263.6 feet; thence South 0 °18' East 159.4 feet; thence South 89 °42' West 84.9 feet; thence North 75 °08' West 185.1 feet; thence North 0 °18' West 111.0 feet to the point of beginning and containing 0.87 acres more or less. Subject to easements of record. Storm Water Management Easement Area 2 That part of the Southwest Quarter of the Northwest Quarter of Section 1, Township 79 North, Range 6 West of the 5 "' P.M., Iowa City, Johnson County, Iowa described as follows: Commencing as a point of reference at the Southwest corner of the Northwest Quarter of said Section 1; thence North 0 °00' East 150.0 feet along the West line of said Northwest Quarter (assumed bearing for this description only); thence North 90 °00' East 910.0 feet to the point of beginning; thence North 30 °15' West 31.5 feet; thence North 11 °43' West 148.0 feet; thence North 23 °51' East 122.0 feet; thence North 77 °30' East 115.0 feet; thence South 72 °05' East 124.0 feet; thence South 22 °50' West 204.0 feet; thence South 61 °55' West 175.1 feet to the point of beginning and containing 1.27 acres more or less. Subject to easements of record. Storm Water Management Easement Area 3 That part of the Southeast Quarter of the Northeast Quarter of Section 2, Township 79 North, Range 6 West of the 51h p.M., Iowa City, Johnson County, Iowa described as follows: Commencing as a point of reference at the Southeast corner of the Northeast Quarter of said Section 2; thence North 0 °00' East 762.7 feet along the East line of said Northeast Quarter (assumed bearing for this description only); thence North 90 °00' West 93.0 feet to the point of beginning; thence South 81 °16' West 172.1 feet; thence North 14 °03' East 134.9 feet; thence South 66 °15' East 97.0 feet; thence North 30 °12' East 62.5 feet; thence South 72 °40' East 40.1 feet; thence South 11 106' West 109.8 feet to the point of beginning and containing 0.39 acres more or less. Subject to easements of record. 4 Storm Water Management Easement Area 4 That part of the Southeast Quarter of the Northeast Quarter of Section 2, Township 79 North, Range 6 West of the 51h p.M., Iowa City, Johnson County, Iowa described as follows: Commencing as a point of reference at the Southeast corner of the Northeast Quarter of said Section 2; thence North 0 °00' East 1156.9 feet along the East line of said Northeast Quarter (assumed bearing for this description only); thence North 90 °00' West 388.0 feet to the point of beginning; thence South 89 °42' West 80.7 feet; thence North 0 °l8' West 184.1 feet; thence North 89 °42' East 80.7 feet; thence South 0 °18' East 184.1 feet to the point of beginning and containing an area of 0.34 acres more or less. Subject to easements of record. 2q Prepared by: Thomas H. Gelman. 321 Nlarket Street, Iowa City IA 52244 (3 19)354 -1 104 SANITARY SEWER EASEMENT AGREEMENT ACT, INC. THIS AGREEMENT, made and entered into by and between ACT, 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. 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 sanitary sewer lines, pipes, mains and conduits as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings for 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 on the Sanitary Sewer Easement Plat attached hereto, hereafter referred to as "easement area ". Owner further grants to the City 1. The right of grading the easement area for the full width thereof, and to extend the cuts and fill for such grading into and onto lands along and adjacent to the 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 the easement area, and also to trim, cut down and clear away any trees on either side of the easement area which now or hereafter, in the opinion of the City, may be a hazard to the 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 the easement area for purposes that will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not a ti`s 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 the easement area, or diminish or substantially add to the ground cover over the easement area. The City reserves the right to remove any trees, buildings, fences or other structures erected within the easement area without compensation. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original sanitary sewer improvement(s) within the easement area. The Owner shall not be deemed acting as the City's agent during the original construction and installation of said improvement(s). The parties agree that the obligation to install the improvement(s) shall be in accordance with City specifications, and the obligation shall remain on Owner until completion in accordance with such City specifications. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenant shall apply to and run with the land and with the title to the land. Dated October 23 12001 ACT, INC. Byyq h 41 GY fl/ oia u+" Richard L. Ferguson, Presi ent By Tom S�truev Assistant Vice President 0? -'- `�� St ` ° CITY OF IOWA CI IOWoAo 1 By Ross Wilburn Mayor Attest: �- -k— Marian K. Karr, City Cleric 1 st�IL�i� 115 2 STATE OF IOWA, COUNTY OF JOHNSON This instrument was acknowledged before me on October 23 2001, by Richard L. Ferguson & Thomas J. Struveas President & Assistant Vice President of ACT, Inc. Said person acknowledges that the corporation has a seal which is affixed hereto. L() % � 2� o Notary Public foWthe State of Iowa STATE OF IOWA, COUNTY OF JOHNSON On this S day of Su,&)e , 2007 before me, the undersigned, a Notary Public in and for the State of Iowa, personally koss Wilburn and Marian K. Karr, to me personally known, who, being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument iws was signed an seat on behalf of the corporation, by authority of its City Council, as cdnlained in j "eNo. n7 —/&4, passed by Resolution of the City Council under Roll Call No. of the City Council on the Is day of rj 'C4 uf- , 2007; and Ross Wi 1 burn I 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. 1*10W SONDRAE FORT &I'dfic o r c^� commission Number 159791 Notary Public for the State of Iowa My Commis Ion Expires < qq 3 OIM3a l�l na maid 'ON =H5 m%Etl SH 3ivos VMOI'A1NnOO NOSNHOf 'AlIO VM01 -H 3i�3roae I 1N3W3SV3 H3M38 AHVlINVS auu ZOOZ l£ JagwaaaO sl a ;o loMauw asuaog Ay' l29ZL -ON asu.!., ;op Lapoa uo4louo O ' .OmoI l0 0 ;0;5 a4; lo, sMOl au; lapun da(aNnS puo oasuxl, 6;np 0 wp I 1 %4; p0a. uolsl,uadns O muos d ioaj_o Aw japun do aw Eq pawiouad o sow, rmM AL jn s pa;olaj a4; pm pa3odaid soa ;uawnOOp 6u1(anms puol sly; ;oy; All;.JaO 6gaaa4 1 I I i .bl X .Z /L B 3ZIS 133HS IVN19i10 waaXia;yoy_anlysmwe /�:d334 11 -11 %upoyy M %s JOW BBC • M 'AR3 BMOI , M 'spldBH IBM XHaJ L_VH" HAMS tlMO/ .00Z = j 31VOS "IVNIOI ID J ,k. 1334 NI 31VOS LESZI 0o> 00Z COL 0 A311tl8 N0H1VNOf r)7 ONtlA '4 ;dap adld a4; uo 6upuadap s4;plM 6UYSJDw ;o scull uaxas plus to Mal puo ;46u ;uO;slpinba saullopls a4; 411M sadld jaMas ljoMuos a4; uo pada ;uao aq o; papua;ul sl ;uawasoa ploS 'ssal uo amw samo 9g'010 oa3o uo 6ulup;uoa puo 6uluul6aq to ;upd ay; o; ;0a1 9'SLL 1sOM ,8£A9 41JON 00ua4; f;aal S'8Ll uam ,60.28 4;mN oOUO41 'l-I £'96L Is m ,££.68 41JON aau24; Yaal 0'9£ 1s03 ,LZ.0 41n0S aaua4; : ;cal O'b6l ;so3 ,££.69 41n0S aaua4; 40a1 9'/SL ;so3 ,60.29 41noS aaua4; :;cal £'8£Z ]saM ,99L 4140S OOW41 !;0a1 0'9£ ke03 ,i Z.Z8 WOS aaua4; :yaal 9'8£Z 1s03 .9LL 4;+0N 00ua4; :;cal 3'99l 1-3 .94£9 4;noS aoua4? Taal b'16£ ;so3 ,14.86 41n0S aau041 : ;aai L'LL iso3 ,SS1 41JON 0OW41 Vaal L'89£ ;saM ,GZ.L8 4;3oN OOUaL4 4*01 4'98 1saM ,8LOS 413ON aaua4; :6wuul6aq to ;ulod ay; a; (/lu0 uolyduOsap sly; m; 6ulm2q pawnsso) 3allon0 }soay>JON plos }o au.1 ;s03 ay; 6u010 ;cal £'899 1s03 ,SL.O 41JON aaua4; :Z uol;oaS plus to ia;jon0 ;soaq ;mN a4 to dawoo 4soa4;noS ay; ;o aoua3alaj to ;ulod o so 6upuawwoo :"ollo; so paquosep 'oMol '6 ;unoo uosuyop '6110 oMOI 'uolplsry polOUIJ 41S 94; to ;sap, 9 a6uoy NIJON 6L dlysuMO1 Lq 110 'Z uolPaS to da;mn0 1s-41JON 041 40 ualmnO 1s-woS a41 puo L uol ;OaS to m;lon0 ;saM44JON a4; to uaMono ;saw41noS a4; to lmd ;o4y u0 ;uawasoa 3a S �Jo;luos V NOLL&HOM M ,8£.08 r— i M ,££.68 N .S'8LL g M ,60.28 N ONINN39 10 S +, 0'9£ 1NIOd 3 .LZ.O S 9£ 09 N y Vp4._ 14 I M N N r d 3 ,bZ.Z8 SFr !Jj r. 9 -6L -Z '03S b/L 3N b3NJ00 3N tlMOI 'AlNnOO NOSNHOr ),UO VMOI 'ONI 10V JJSIHX3 LN3V43SY3 H3M38 AHVlINVS 9019L :awi1 I LOOZ /OZ/90 31H0 I OMO I q,of I m 9 -6L -Z -MS b/L 3N Z=IN m 213NNOO 3S M ,8£.08 r— i M ,££.68 N .S'8LL g M ,60.28 N ONINN39 10 S +, 0'9£ 1NIOd 3 .LZ.O S 9£ 09 N y Vp4._ 14 I M N N r d 3 ,bZ.Z8 SFr !Jj r. 9 -6L -Z '03S b/L 3N b3NJ00 3N tlMOI 'AlNnOO NOSNHOr ),UO VMOI 'ONI 10V JJSIHX3 LN3V43SY3 H3M38 AHVlINVS 9019L :awi1 I LOOZ /OZ/90 31H0 I OMO I q,of I ow- PERMANENT WATER MAIN EASEMENT AGREEMENT FOR THE AMERICAN COLLEGE TESTING PROGRAM THIS AGREEMENT, made and entered into by and between The American College Testing Program, as "Owner," and the City of Iowa City, Iowa, a municipal corporation, ( "City ") In consideration of their mutual promises herein, Owner and City agree as follows: The Owner hereby grants and conveys to the City a permanent easement for the purpose of excavating for and the installation, replacement, maintenance and use of such water main (hereinafter collectively referred to as "public improvement ") as the City shall, from time to time, elect to use for the conveyance of water main, and all necessary appliances and fittings for use in connection with said public improvement, together with adequate protection thereof and also a right -of -way with right of ingress and egress thereto, over, through and across the permanent easement area, as shown and described on Exhibit A attached hereto and by this reference made a part hereof (hereafter "Easement Area "). The Owner further grants to the City the following rights in connection with the above uses: a. The right of grading said Easement Area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said Easement Area. b. The right to require the Owner to trim and cut down and clear away all trees and brush on the Easement Area which now or hereafter, in the opinion of the City, may be a hazard to said Easement Area, or which may interfere in any manner with the City's exercise of its rights herein. C. The right to enter onto land beyond the Easement Area and conduct emergency repair which may extend minimally 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 and approval of the Owner, and with minimal disruption of area. In the event of such emergency repair, City agrees to restore said area substantially to its prior condition, as set forth in Paragraph 2 below. 2. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the Easement Area, including any damages by virtue of future excavation or use of the Easement Area. The City shall indemnify Owner against loss or damage which occurs as a result of the City's acts or omissions in the exercise of its easement rights herein. Once the Easement Area has been completely restored to its prior condition and except as expressly provided in this Easement Agreement, the City shall have no responsibility for maintaining the Easement Area. 2 3. The Owner and City acknowledge that Owner reserves the right to use said Easement Area for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided, that the Owner shall not erect or construct any building or other structure; plant any trees; drill or operate any well; construct any reservoirs or other obstructions on said Easement Area; and will not substantially diminish or add to the ground cover over said Easement Area. In addition, Owner may construct a fence over or upon the Easement Area, but only after submittal to the City of a schematic design and prior written approval of the City Engineer, which approval shall not be unreasonably withheld. 4. Nothing in this Agreement shall be constructed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall the 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 the Owner until completion by the Owner and until acceptance by the City, as by law provided. 5. The Owner hereby covenants with the City that Owner is lawfully seized and possessed of the real estate above described by virtue of legal and /or equitable title, and that it has good and lawful right to convey the Easement herein. 6. The provisions hereof shall insure 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 Owner expense. SIGNED this S day of 7u.g(L '20 u` . CITY OF IOWA CITY, IOWA By: 6 1, W Ross Wilburn .,Mayor By: Marnan K. Karr, City Clerk THE AMERICAN COLLEGE TESTING PROGRAM Richard L. Ferg son, President IuL(�/ J. B. u 9 h J /, Vi President 04 i 9 a, City Acknowledgement: STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this , day of 20 o7, before me, - f a Notary Public in and for the State of Iowa, personally appeared Ross Wi 1 burn 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 (Grtfinanee) (Resolution) No. 07 --Xt5 passed (the Resolution adopted) by the City Council, under Roll Call No. =of the City Council on the C day of a,o_Q7, and that 'Ross Wi 1 burn 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. F k SONDRAEFORT Commission Number 159791 My Commission Expires .31 w Mq Corporate Acknowledgement: STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Slrvt/'���0. 1—A r^ks Notary Public in and for the State of Iowa On this 15th day of February , A.D. 19 96 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Richard L. Ferguson and J.B. Pugh, Jr. , to me personally known, who, being by me duly sworn, did say that they are the President and Vice President respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said President and Vice President as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in an for said Cc6hty and State ��"u` +` KIMBERLY L. KOPF MY M ERLYo KxpiF EXHIBIT "A" LEGAL DESCRIPTION PERMANENT WATER MAIN EASEMENT Property Owner: American College Testing Program, Inc. A 10.00 foot wide easement on that part of the Southwest Quarter of the Northwest Quarter -of Section 1 and that part of the Southeast Quarter of the Northeast Quarter of Section 2, all in Township 79 North, Range 6 West of the 5th P.M., Iowa City, Johnson County, Iowa, centered on the following described centerline:. Commencing as a point of reference at the Southwest Quarter of the Northwest Quarter of said Section 1; thence North 0 000' East 923.4 feet along the West line of said Northwest Quarter (assumed bearing for this description only); thence North 90 000' East 10.7 feet to the a point at the center of a 900 bend in an existing waterline, said point being the point of beginning of the centerline herein described; thence 873.8 feet along the center of an existing waterline and along the arc of a 414.00 foot radius curve concave Northeasterly (chord South 35 039' East 722.1 feet) to Point "A ", said Point "A" being at the center of a tee in said existing waterline; thence Northeasterly 836.2 feet along the center of said existing waterline and along the are of a 414.00 foot radius curve concave Northwesterly (chord North 28 046' East 680.1 feet) to the end of the centerline herein described. The sidelines of said 10.00 foot wide easement are 5.00 feet in normal distance right and left of said centerline. _►NI A 10.00 foot wide easement on that part of the Southwest Quarter of the Northwest Quarter and that part of the Northwest Quarter of the Southwest Quarter of Section 1, Township 79 North, Range 6 West of the 5th P.M., Iowa City, Johnson County, Iowa, centered on the following described centerline: Beginning at said Point "A'; thence South 0 018' East 655.0 feet along an existing waterline to the end of the centerline herein described. The sidelines of said 10.00 foot wide easement are 5.00 feet in perpendicular distance right and left of said centerline. FIE, L 30 L V \N mOB ¢'13]! 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ISsZl .3a3L!9s'y OOa NCaI Cl. 9 -64-1 "035 4/L MN a3Na00 MS m m to i I a3'u; (0N38 A I'1 d0 ) INN103 O9 d0 0 IN1NIOd G'OL o �7 aox oo, a o m N (n ao I NOW '0-00 m 9 -6L -1 '035 y/L MN a3Na00 MN h- O3ON3!X3 30N3nV SSald 0350d0ad .. .� .. � .._._..._.., 1. ..._..._ J %'1N3W3SV3_, /� n�, o a se o3sodoad � I i I I 3 .BL.OSS LI I ,4'409Z �l I RI......., J u COO N081 'Od 9 -6L -1 '03S � ^ P p V/l MN �I L' a3Na0O 3S (1VOld,U) :N3W3SV3 ,Ol -- ;i !� ,J iJ (1VOIdJd) !N3W3SV3 ,01 / /(', Cef ' N / V. lw0d 30N3a3 II / ,OLLL = l U / N 1N3W3SV3 / 30 ON3 VMA! ISsZl .3a3L!9s'y OOa NCaI Cl. 9 -64-1 "035 4/L MN a3Na00 MS m m to i I a3'u; (0N38 A I'1 d0 ) INN103 O9 d0 0 IN1NIOd G'OL o �7 aox oo, a o m N (n ao I NOW '0-00 m 9 -6L -1 '035 y/L MN a3Na00 MN Prepared by Sarah Walz, Associate Planner, 410 E. Washington. Iowa City, IA 52240; 3191356 -5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, MAY 9, 2007 EMMA J. HARVAT HALL MEMBERS PRESENT: Carol Alexander, Michelle Payne, Edgar Thornton, Ned Wood, Michael Wright MIT STAFF PRESENT: Sarah Holecek, Sarah Walz OTHERS PRESENT: Tim Lynch, Randy Stevens (�v Doc ID: 020870330002 Tvoe: GEN Recorded: 06/05/2007 at 12:29:27 PM .Fee Amt: $12.00 Pace 1 of 2 Johnson Countv Iowa Kim Painter Countv Recorder 13K4168 Po236.237 SPECIAL EXCEPTION ITEMS: - qiJ 1. EXC0 - 0000`i . a public hearing regarding an application submitted by USCOC of Greater Iowa, Inc., for a special exception to allow location of a cell phone tower for property located in the Intensive Commercial (C101) zone at 612 Olympic Court. Findings of Fact: The Board finds that the proposed tower is located in the CI -1 zone and that it serves an area that cannot be served by an existing tower or industrial property or by locating antennae on existing structures in the area. The Board finds that the proposed tower, which does not use trusses or guy wires or strobe lighting, is inconspicuous in design and appropriate given the surrounding development in the CI -1 area. The Board finds that the lighting on the proposed tower will provide some public safety benefit to the area. The Board finds that the proposed tower height of 60 feet will provide improved service coverage in the area and allow space for additional co- location of up to 2 more sets of antenna and that the proposed location is 500 feet from the nearest residential zone. The Board finds that all equipment associated with the tower will be housed in a utility shed that is screened from view by a 6 -foot high PVC fence and that the tower will not use a back -up generator as its principal power source. The Board finds that the applicant has agreed to remove the tower and associated equipment within one year if use is discontinued as required in the zoning code. The Board finds that the tower is designed to withstand 75 mph winds and 1/2 inch radial ice and that, in the Event of coilapse; the tower i o :signed to'tola is half at the 30 foot level. Conclusions of Law: The Board concludes that due to the distance location and the design of the proposed tower, the special exception will not be detrimental or endanger the public health, safety, comfort, or general welfare and will not be injurious to the use and enjoyment of other, property in the immediate vicinity or diminish or impair property values in the neighborhood. The Board concludes that establishment of the proposed exception will not impede the normal or orderly development or improvement of the surrounding CI -1 and CC- 2 properties. The Board concludes that adequate utilities are in place and that the proposed exception will have no impact on ingress or egress from the property. The Board concludes that the proposed special exception complies with all other regulations in the zoning code and the proposed lighting on the tower will be reviewed to ensure compliance with the lighting standards in the code. The Board concludes that the proposed use is consistent with the Comprehensive Plan. 2� y0 Disposition: By a vote of 5 -0 the Board approves EXC07 -0000 an application for a communications transmission facility in the CI -1 zone located at 612 Olympic Court subject to compliance with the site plan and specification regarding the tower design submitted. 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. 0-rOnder; C airperson STATE OF IOWA JOHNSON COUNTY I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 9th day of May, 2007, as the same appears of record in my Office. Dated at Iowa City, this MOM day of — ��� .2007 Marian -Karr, City Clerk P Doc ID: 020891180009 Tvae: GEN Recorded: 06/25/2007 at 03:04:29 PM Fee Amt: $47.00 Pace 1 of 9 Johnson Countv Iowa Kim Painter Countv Recorder EK4177 PG920-928 STATE OF IOWA ) ) SS JOHNSON COUNTY ) 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.lcgov.org I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.07 -183 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 19`h day of June, 2007, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 21" day of June, 2007. 7:hnt.l� Marian . Karr City Clerk \r-es zz� L EZIPrepared by: Eric R. Goers, 410 E. Washington St., Iowa City, IA 52240, (319) 356 -5030 RESOLUTION NO. 07 -183 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A CHAPTER 28E AGREEMENT FOR EMERGENCY RADIO COMMUNICATIONS BETWEEN THE CITY OF IOWA CITY, IOWA AND JOHNSON COUNTY, IOWA WHEREAS, Johnson County and the City both provide services requiring routine as well as emergency radio communications to City residents; and WHEREAS, it is mutually beneficial to both parties to have access to public safety facilities, as well as to routine communications facilities which serve both parties and the public; and WHEREAS, it is mutually beneficial for the City and County to cooperate and to work closely together in the area of radio communications; and WHEREAS, Chapter 28E, Code of Iowa, (2007), permits state and local governments to make efficient use of their resources and powers in order to provide joint services through the use of a duly recorded agreement; and WHEREAS, the City and Johnson County, Iowa have a 28E Agreement for radio communications which, by its terms, expires on August 1; 2007, and the parties desire to renew said agreement on substantially the same terms. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 The Mayor and the City Clerk are hereby authorized to execute the attached Agreement with Johnson County, Iowa, said Agreement being incorporated by reference herein, and said Agreement is hereby approved as to form and content, and is found to be in the best interests of the citizens of Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution with the Agreement attached in the Secretary of State's office for the State of Iowa, and also in the Johnson County Recorder's Office, as required by Chapter 28E, Code of Iowa (2007). 3. The City Clerk is hereby directed to forward a copy of the returned, recorded resolution and agreement to Johnson County, Iowa. Passed and approved this 19th day of June , 2007. L Resolution No. 07 -183 Page 2 It was moved by Vanderhoef and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Elliott x O'Donnell x Vanderhoef x Wilburn l7J0 CHAPTER 28E AGREEMENT FOR RADIO COMMUNICATIONS BETWEEN THE CITY OF IOWA CITY, IOWA AND JOHNSON COUNTY, IOWA This Agreement is made and entered into by and between the City of Iowa City, Iowa, a municipal corporation ( "City "), and Johnson County, Iowa, ( "County "), both governmental entities, sometimes collectively referred to as "Parties." WHEREAS, Johnson County and the City both provide services requiring routine as well as emergency radio communications to City residents; and WHEREAS, it is mutually beneficial to both parties to have access to public safety facilities, as well as to routine communications facilities which serve both Parties and the public; and WHEREAS, it is mutually beneficial for both the City and the County to cooperate, and to work closely with one another in the area of radio communications; and WHEREAS, it is in the best interest of both Parties to share communications systems whenever possible, for the mutual benefit of the citizens of the City of Iowa City, and Johnson County; and WHEREAS, Chapter 28E, Code of Iowa (2007) permits state and local governmental entities to make efficient use of their resources and powers, in order to provide joint services by way of a duly recorded agreement. 1yp -2- NOW, THEREFORE, in consideration of their mutual promises herein, Johnson County and the City of Iowa City agree as follows: 1. No Separate Legal Entity is created by this Agreement / Administrator Johnson County acknowledges the City purchased an eight hundred (800 MHz) radio trunking system ( "System "), with sufficient capacity to allow the Johnson County Ambulance Service ( "JCAS "), a department of Johnson County, Iowa, to participate in the use of the system. No separate legal entity is created by this Agreement. Each party will act as administrator of their own duties. The Iowa City Fire Chief is assigned to be the Agreement administrator. 2. Purpose: The purpose of this Agreement is the provision of radio communication services. To that end, the City and the County agree more specifically as follows: a) The City shall allow the JCAS to use a number of talk groups (a line of communications shared by a distinct group of radio units) as agreed to by both Parties for use by the JCAS. b) The County will purchase all equipment needed by the JCAS, and the JCAS agrees to maintain any and all equipment so purchased by the JCAS pursuant to this Agreement. C) The City agrees to maintain the 800 MHz trunking radio equipment system which is the subject of this Agreement, and to do so adequately and responsibly. Upon future capital investment, upgrade to or replacement of the City's radio system, a capital contribution will be required from all parties involved. Such capital contribution shall be addressed in a separate agreement between the parties. 30 -3- d) Parties agree that the JCAS's cost for use of the 800 MHz trunking radio equipment system will be determined in September of each fiscal year, for implementation, billing and payment during said fiscal year, and City agrees to submit a "user fee" billing to JCAS, to be paid within sixty (60) calendar days of the date of the billing. e) Manner of Financing: The County agrees to pay to City a user fee of $138 per radio unit per year, to be billed by City on or after September 1 of each year. Said billing shall be paid within sixty (60) calendar days of the date of said billing. JCAS also agrees to pay the proper amounts billed for any additional radio units added to the trunking system for JCAS during a fiscal year, which shall be paid on a monthly pro -rated basis, with payment also due within sixty (60) calendar days of billing on or after September 1 of each year. The annual user fee noted above may be increased, but not decreased, during the extended term (i.e. each year after fiscal 2007) by an amount not to exceed the percentage increase in the United States Bureau of Labor Statistics Consumer Price Index for All Items and Mean Groups Figures for All Urban Consumers July 2007, over the figures for the month of July 2006. For each successive year of the automatic renewal term, the annual user fee may be increased by the percentage increase in the CPI from the previous fiscal year as outlined above. lbo M f) Duration and Termination: Parties agree this Agreement shall be for a period of eleven (11) months from August 1, 2007, and that this Agreement shall be automatically renewed for additional periods of one (1) year each, on the same terms and conditions outlined herein, unless either party gives the other party written notice to terminate the agreement sixty (60) calendar days prior to August 1 of each successive year. However, this Agreement shall not extend beyond July 1, 2012, without review and re- execution of a new agreement, together with re- recording of said updated agreement. g) Parties agree this Agreement is not assignable. h) Notices under this agreement shall be sent by regular mail to the City Clerk of Iowa City and to the Johnson County Board of Supervisors at their regular mailing addresses and shall be deemed delivered upon the date of mailing. Further, all amendments or addenda shall be in writing and duly executed by proper authority of each municipal corporation named herein. 3. Parties hereto acknowledge that this Agreement shall conform to the requirements of Chapter 28E, Code of Iowa (2007); and that this agreement, as such, be in force and effect only after execution by the City Council of the City of Iowa City and the Johnson County Board of Supervisors, upon filing with the Secretary of State of the State of Iowa, and upon this Agreement being duly recorded with the Johnson County Recorder's Office, Johnson County, Iowa. 1920 -5- Dated this Iq k day of writ 2007. THE CITY OF IOWA CITY, IOWA JOHNSON COUNTY, IOWA Ross Wilburn, Mayor Pat Harney, hair Johnson County Board of Attest: ju '� 3'S • 4""' 1d Marian K. Karr, City Clerk Approved by: City Attorney's Office ",ORPORATE SEAL Attest: Jo nson County Auditor SEAL V WE CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Y gl)lt;1 n On this // f 11 day of Tumc 200j, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn 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 (Ordinanca)-. (Resolution) No. o'7- 1 R 7 passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the J9 4"1' day of �T AN r 2007, and that Ross Wilburn 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. SONDRAE FORT mmlsslonNum o � g� oioiCmmsiopresn Ex &V'6 °r Notary Public in and for the State of Iowa JOHNSON COUNTY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this —71�" day of _7t/fn,e_ , 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Pat Harney, to me personally known, who, being by me duly sworn, did say that they are the Chairperson of the Board of Supervisors and Johnson County Auditor Tom Slockett, respectively, of Johnson County, Iowa; that the seal affixed hereto is the seal of said county; that this instrument was signed and sealed on behalf of said county by authority of its Board of Supervisors; and that the said Pat Harney and Tom Slockett, as such officers acknowledged the execution of said instrument to be the voluntary act and deed of Johnson County by it and by them voluntarily executed. Er1c Finance) .,o,asingJ 28E and RES (Johnson County) Avell - It-C, Notary Public in and for the State of Iowa 1� * "`� i�iCHARD�CLAIC?���y, Notarial Seal • '• Commission No. 7 �! {Y 0�mtssion Expires Jm„ coos E NA rr Commiss � : .. %03500 !yj Doc ID: 020691200010 TVDe: GEN Recorded: 06/25/2007 at 03:10:39 PM Fee Amt: $52.00 Pace 1 of 10 Johnson Countv Iowa Kim Painter Countv Recorder BK4177 PG930.939 410 East Washington Street FEE Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.07 -184 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 19t" day of June, 2007, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 21st day of June, 2007. /' /244L,t -e- Marian K. Kan' City Clerk fires 3\ SWIM Prepared by: Eric R. Goers, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 07 -184 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT FOR PUBLIC SAFETY DISPATCH SERVICES BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE CITY OF UNIVERSITY HEIGHTS, IOWA. WHEREAS, the City of Iowa City (Iowa City) and the City of University Heights (University Heights) are both municipal corporations, with authority to enter into an agreement with other agencies, whether public or private, to carry out each City's governmental duties, as provided in Chapter 28E, Code of Iowa (2007); and WHEREAS, Iowa City operates an Emergency Operations Center with sufficient capacity to provide University Heights with public safety dispatch services as agreed by both Parties; and WHEREAS, it is in the best interests of both Parties to share public safety dispatch services whenever possible, for the mutual benefit of the citizens of both the City of Iowa City, and the City of University Heights; and WHEREAS, the parties have negotiated such an agreement to provide appropriate terms for the provision of public safety dispatch services to the City of University Heights through the City of Iowa City's Emergency Communications Center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor and City Clerk are hereby authorized to execute the Chapter 28E Agreement for Public Safety Dispatch Services between the City of Iowa City, Iowa and the City of University Heights, Iowa attached hereto and incorporated by reference herein, and said Agreement is hereby approved as to form and content, and is found to be in the best interests of the citizens of Iowa City, Iowa. 2. The City Clerk is hereby authorized to record a certified copy of this Resolution, with the Agreement attached in the Secretary of State's office for the State of Iowa, and also in the Johnson County Recorder's Office, as required by Chapter 28E, Code of Iowa (2007). 3. The City Clerk is hereby directed to forward a copy of the returned, recorded resolution and agreement to the City of University Heights, Iowa. Passed and approved this 19th day of ( 2007 _% � MAYOR ATTEST: � APPROVED BY: CITY-CLERK CORPORATES AL 3 Resolution No Page 2 It was moved by Bailey 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 Elliott x O'Donnell x Vanderhoef x Wilburn lb\ CHAPTER 28E AGREEMENT FOR PUBLIC SAFETY DISPATCH SERVICES BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF UNIVERSITY HEIGHTS, IOWA This Agreement is made and entered into by and between the City of Iowa City, Iowa, ('Iowa City "), and the City of University Heights, Iowa, ( "University Heights "), both municipal corporations, sometimes collectively referred to as "Parties." WHEREAS, University Heights and Iowa City both provide services requiring routine as well as emergency public safety dispatch services; and WHEREAS, the City of Iowa City currently operates an Emergency Communications Center capable of providing public safety dispatch services to both Parties; and WHEREAS, it is mutually beneficial for both Iowa City and University Heights to cooperate, and to work closely with one another in the area of public safety dispatch services; and WHEREAS, it is in the best interest of both Parties to share dispatch services whenever possible, for the mutual benefit of the citizens of the cities of Iowa City and University Heights; and WHEREAS, Chapter 28E, Code of Iowa (2007) permits state and local governments to make efficient use of their resources and powers, in order to provide joint services by way of a duly recorded agreement. qj\ -2- NOW, THEREFORE, in consideration of their mutual promises herein, the City of University Heights and the City of Iowa City agree as follows: 1. No Separate Legal Entity is created by this Agreement / Administrator: University Heights acknowledges Iowa City operates an Emergency Communications Center with sufficient capacity to provide University Heights with public safety dispatch services. No separate legal entity is created by this Agreement. Each party will act as administrator of its own duties. The Iowa City Fire Chief is assigned to be the Agreement administrator. 2. Purpose: The purpose of this Agreement is the provision of public safety dispatch services to University Heights. To that end, Iowa City and University Heights agree more specifically as follows: a) Iowa City shall provide University Heights with routine and emergency public safety dispatch services per the terms outlined in this Agreement. b) University Heights will purchase all public safety communication equipment needed by the City of University Heights, and agrees to maintain any and all equipment so purchased or provided by University Heights. C) Iowa City agrees to staff and maintain the Emergency Communications Center which is the subject of this Agreement, and to do so adequately and responsibly. d) Manner of Financing: Parties agree that University Heights' cost for public safety dispatch services through the Iowa City Emergency Communications Center shall be $34,397 for the first fiscal year of the agreement (from July 1, 2007 to June 30, 2008), which sum shall be payable in equal quarterly installments of $8,599.25 due on July 1, October 1, January 1, and April 1 of each fiscal year. Said payments shall be made within sixty (60) calendar days of each due date listed above, qj\ -3- notwithstanding any failure by the City of Iowa City to convey a billing statement to University Heights. Non - payment of said installments when due and payable shall constitute a breach of this agreement upon which the City of Iowa City may terminate said agreement upon thirty (30) calendar days written notice, notwithstanding any provisions of subparagraph (g) below to the contrary. Following the initial one -year term, University Heights' cost will be that percentage of all the calls for service received by the City of Iowa City dispatchers that are generated by University Heights in the most recent calendar year, multiplied by the Communications personnel and benefits budget for the fiscal year in which payments are to be made. The City of Iowa City shall provide University Heights with the calls for service percentage, Communications personnel and benefits budget, and resulting fee calculation by December 31 of each year of the contract. Absent termination by either party pursuant to paragraph 2(g) below, this amount will be the contract rate for the following fiscal year. e) University Heights agrees to pay to City a user fee of $138 per radio unit per year, to be billed by City on or after September 1 of each year. Said billing shall be paid within sixty (60) calendar days of the date of said billing. University Heights also agrees to pay the proper amounts billed for any additional radio units added to the trunking system for University Heights during a fiscal year, which shall be paid on a monthly pro -rated basis, with payment also due within sixty (60) days of billing on or after September 1 of each year. The annual radio user fee noted above may be increased, but not 3\ lid decreased, during the extended term (i.e. each year after fiscal 2007) by an amount not to exceed the percentage increase in the United States Bureau of Labor Statistics Consumer Price Index for All Items and Means Groups Figures for All Urban Consumers (hereinafter "CPI ") July 2007, over figures for the month of July 2006. For each successive year of the automatic renewal term, the annual radio user fee may be increased by the percentage increase in the CPI from the previous fiscal year as outlined above. f) University Heights agrees to pay all costs necessary to configure its equipment and geofile locations to interface with Iowa City's Emergency Communications Center and shall also be responsible for any costs associated with the conversion of University Heights' 911 equipment to interface with the Iowa City system. Additionally, University Heights shall complete such configurations and conversions as soon as practicable and prior to the effective date of this agreement. The City agrees to maintain the 800 MHz trunking radio equipment system which is the subject of this Agreement, and to do so adequately and responsibly. Upon future capital investment, upgrade to or replacement of the City's radio system, a capital contribution will be required from all parties involved. Such capital contribution shall be addressed in a separate agreement between the parties. lb\ -5- g) Duration and Termination: Parties agree this Agreement shall be for a period of one (1) year and effective from July 1, 2007, and that this Agreement shall be automatically renewed for additional periods of one (1) year each, on the same terms and conditions herein, unless either party gives the other party written notice to terminate the agreement sixty (60) calendar days prior to July 1 of each successive year. However, this Agreement shall not extend beyond July 1, 2012, without review and re- execution of a new agreement, together with re- recording of said updated agreement. h) Parties agree this Agreement is not assignable. i) Notices under this agreement shall be sent by regular mail to the City Clerk of each City at their regular mailing addresses and shall be deemed delivered upon the date of mailing. Further, all amendments or addenda shall be in writing and duly executed by proper authority of each municipal corporation named herein. 3. Parties hereto acknowledge that this Agreement shall conform to the requirements of Chapter 28E, Code of Iowa (2007); and that this agreement, as such, will renew only upon execution by the City Councils of the City of Iowa City and the City of University Heights, and further upon filing with the Secretary of State of the State of Iowa, together with this Agreement being duly recorded with the Johnson County Recorder's Office, Johnson County, Iowa. Dated this /7- day of THE CITY OF IOWA CITY, IOWA By: By: Ross Wilburn, Mayor 20 0 z . THE CITY OF UNIVERSITY HEIGHTS Lo ise From, May 4r lb\ a M. Attest: 4-, A��j Attest: Manai K. Karr, City Clerk Approved by: City Attorney's Office CORPORATE SEAL 3� 7- IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 191� day of uNE 20 07 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn 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 (4rdinariGe) (Resolution) No. c,7 -12:�L passed (the Resolution adopted) by the City Council on the /9 W' day of `�iaAlF , 20 D / , and that Ross Wilburn 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. low, SONDRAE FORT Commission Number 159791 My Commission Expires Notary Public in and for the State of Iowa s 7 My Commission Expires: "'� / '71llool UNIVERSITY HEIGHTS ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this /') 1^ day of T4N, , 20.f,�, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Louise From and Jerry Musser, 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 (Ordinance) (Resolution) No. � -)- o,/ passed (the Resolution adopted) by the City Council on the ear' day of Try , 20&-� , and that Louise From and Jerry Musser 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. NOTARIAL SEAL Notary Public in and for the State of Iowa My Commission Expires: S'op{ i7 21 -/ EdF,n.. /N,chasingl 28E and RES (U Hgls dispatch services) ✓` Doe ID: 020891240008 Tvue: QEN Recorded: 06/25/2007 at 03:14:12 PM Fee Amt: $42.00 Pace 1 of 8 Johnson County Iowa Kim Painter Countv Recorder BK4177 PD943.950 roE 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.07 -185 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 19`x' day of June, 2007, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 21" day of June, 2007. Marian k7 Karr City Clerk Ves 3I� ub -ia•vi 19 Prepared by: Eric R. Goers, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 07 -185 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A CHAPTER 28E AGREEMENT FOR EMERGENCY RADIO COMMUNICATIONS BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE UNIVERSITY OF IOWA. WHEREAS, the City of Iowa City (Iowa City) is a municipal corporation, with authority to enter into an agreement with other agencies, whether public or private, to carry out the City's governmental duties, as provided in Chapter 28E, Code of Iowa (2007); and WHEREAS, the City purchased an eight hundred (800 MHz) radio trunking system ( "System "), with sufficient capacity to allow the University to participate in the use of the system as agreed by both Parties; and WHEREAS, it is in the best interests of both Parties to share communications systems whenever possible, for the mutual benefit of the citizens of the City of Iowa City, and also the students, staff, and visitors of the University of Iowa; and WHEREAS, the City and the University have a Chapter 28E Agreement for radio communications which, by its terms, expires on August 1, 2007, and the parties desire to renew said agreement on substantially the same terms. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor and City Clerk are hereby authorized to execute the attached Agreement with the University of Iowa, said Agreement being incorporated by reference herein, and said Agreement is hereby approved as to form and content, and is found to be in the best interests of the citizens of Iowa City, Iowa. 2. The City Clerk is hereby authorized to record a certified copy of this Resolution, with the Agreement attached in the Secretary of State's office for the State of Iowa, and also in the Johnson County Recorder's Office, as required by Chapter 28E, Code of Iowa (2007). 3. The City Clerk is hereby directed to forward a copy of the returned, recorded resolution and agreement to the University of Iowa. Passed and approved this 19th day of s , 2007 ( . I MAYOR ATTEST: APPROVED BY: CIT -CLERK Z.. Resolution No. 07 -185 Page 2 It was moved by Bailey and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: I_1� -WIN Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn 3p CHAPTER 28E AGREEMENT FOR RADIO COMMUNICATIONS BETWEEN THE CITY OF IOWA CITY, IOWA AND THE STATE UNIVERSITY OF IOWA This Agreement is made and entered into by and between the City of Iowa City, Iowa, a municipal corporation ( "City "), and the University of Iowa, ( "University "), both political subdivisions, sometimes collectively referred to as "Parties." WHEREAS, the University and City both provide services requiring routine as well as emergency radio communications to City residents and to the students, staff, and visitors of the University of Iowa; and WHEREAS, it is mutually beneficial to both parties to have access to public safety facilities, as well as to routine communications facilities which serve both Parties and the public; and WHEREAS, it is mutually beneficial for both the City and the University to cooperate, and to work closely with one another in the area of radio communications; and WHEREAS, it is in the best interest of both Parties to share communications systems whenever possible, for the mutual benefit of the citizens of the City of Iowa City, and also the students, staff, and visitors of the University of Iowa; and WHEREAS, Chapter 28E, Code of Iowa (2007) permits state and local governmental entities to make efficient use of their resources and powers, in order to provide joint services by way of a duly recorded agreement. 7v -2- NOW, THEREFORE, in consideration of their mutual promises herein, the University and the City of Iowa City agree as follows: No Separate Legal Entity is created by this Agreement / Administrator: University acknowledges the City purchased an eight hundred (800 MHz) radio trunking system ( "System "), with sufficient capacity to allow the University to participate in the use of the system. No separate legal entity is created by this Agreement. Each party will act as administrator of their own duties. The Iowa City Fire Chief is assigned to be the Agreement administrator. 2. Purpose: The purpose of this Agreement is the provision of radio communication services. To that end, Iowa City and the University agree more specifically as follows: a) The City shall allow the University to use a number of talk groups (a line of communications shared by a distinct group of radio units) as agreed to by both Parties for use by the University. b) The University will purchase all equipment needed by the University, and the University agrees to maintain any and all equipment so purchased by the University pursuant to this Agreement. C) The City agrees to maintain the 800 MHz trunking radio equipment system which is the subject of this Agreement, and to do so adequately and responsibly. Upon future capital investment, upgrade to or replacement of the City's radio system, a capital contribution will be required from all parties involved. Such capital contribution shall be addressed in a separate agreement between the parties. d) Parties agree that the University's cost for use of the 800 MHz trunking radio equipment system will be determined in September of each fiscal year, for implementation, billing and payment during said fiscal year, and City agrees to submit a "user fee" billing to University, to be paid within sixty (60) calendar days of the date of the billing. �j2 -3- e) Manner of Financing: University agrees to pay to City a user fee of $138 per radio unit per year, to be billed by City on or after September 1 of each year. Said billing shall be paid within sixty (60) calendar days of the date of said billing. The University also agrees to pay the proper amounts billed for any additional radio units added to the trunking system for the University during a fiscal year, which shall be paid on a monthly pro -rated basis, with payment also due within sixty (60) days of billing on or after September 1 of each year. f) The annual user fee noted above may be increased, but not decreased, during the extended term (i.e. each year after fiscal 2007) by an amount not to exceed the percentage increase in the United States Bureau of Labor Statistics Consumer Price Index for All Items and Mean Groups Figures for All Urban Consumers July 2007, over the figures for the month of July 2006. For each successive year of the automatic renewal term, the annual user fee maybe increased by the percentage increase in the CPI from the previous fiscal year as outlined above. g) Duration and Termination: Parties agree this Agreement shall be for a period of eleven (11) months from August 1, 2007, and that this Agreement shall be automatically renewed for additional periods of one (1) year each, on the same terms and conditions outlined herein, unless either party gives the other party written notice to terminate the agreement sixty (60) calendar days prior to July 1 of each successive year. However, this Agreement shall not extend beyond July 1, 2012, without review and re- execution of a new agreement, together with re- recording of said updated agreement. 4- h) Parties agree this Agreement is not assignable. Notices under this agreement shall be sent by regular mail to the City Clerk of Iowa City and to the Business Manager of the University at their regular mailing addresses and shall be deemed delivered upon the date of mailing. Further, all amendments or addenda shall be in writing and duly executed by proper authority of each municipal corporation named herein. 3. Parties hereto acknowledge that this Agreement shall conform to the requirements of Chapter 28E, Code of Iowa (2007); and that this agreement, as such, shall be in force and effect only after execution by the City Council of the City of Iowa City and The University of Iowa, upon filing with the Secretary of State of the State of Iowa, and upon this Agreement being duly recorded with the Johnson County Recorder's Office, Johnson County, Iowa. Dated this /Y /4 day of TuNE .2007. THE CITY OF IOWA CITY, IOWA IOWA THE UTy OWA By: r2.L—Lj n--�^ By: Ross Wilburn, Mayor George Hollins, Business Manager Attest: _oa cJ 9[ . �T Attest:f Marian K. Karr, City Clerk Approved by: CORPORATE SEAL City Attorney's Office 3v -5- IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) fl) On this 6 day of TIME 20 o'7 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn 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 (Ordinanee) (Resolution) No. b7— /SQS passed (the Resolution adopted) by the City Council on the Iq Ji' day of 7U.,1p , 20 C7 , and that Ross Wilburn 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. �tua 50NDRAEFORT / Commission Number 159791 ow My 3 mmissi� Expires Notary Public in and for the State of Iowa My Commission Expires: 3/7`,�.yn UNIVERSITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this I I -.h day of A'h4- , 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared George Hollins, to me personally known, who, being by me duly sworn, did say that he is the University Business Manager, that he has authority to act and is acting on behalf of the University of Iowa, as provided by the State Board of Regents, and that as such he 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. RHONDA N, DIETRICH n i�l F f Comrni§ §1614 Number 136242 My Comm Exp, 1''l nl9 Nx c vx (cam Not ry Public in and for the State of Iowa ErWFinancelPurchasun 28E and RES (UI dispatch services) n Doc ID: 020948280004 TVDe: GEN Recorded: 08/14/2007 at 11:21:00 AM Fee Amt: $22.00 Pace 1 of 4 Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 3191356 -5230 Johnson Countv Iowa Kim Painter Countv Recorder DECISION 13K 4203 PG982.985 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, July 11, 2007 EMMA J. HARVAT HALL MEMBERS PRESENT: Carol Alexander, Michelle Payne, Michael Wright MEMBERS ABSENT: Edgar Thornton, Ned Wood, STAFF PRESENT: Sarah Holecek, Sarah Walz >> -d OTHERS PRESENT: Steven Ramirez, Greg Schaeffer, Dr. Jae -On Kim, Gordon Dyi"I, an. Hitchon, Jeff Clark, John Englebrecht, Sheila Knoplah - Odole, Karen Hopp >> j SPECIAL ¢¢ EXCEPTION ITEMS: 1. EXC00- 0000 A public hearing regarding an application submitted by the Kota_llniLe.0 Methodist Church, Inc., for a special exception to allow construction of a new s4actuaryind parking lot for property in the Low Density Single Family Residential (RS -5) zone at 4032 Rohret Road. Findings of Fact: The Board finds that the church is located in the RS -5 zone along Rohret Road. The Board finds that the church's proposed expansion will increase the size of the facility by 50% and therefore the property must come into compliance with code regulations with regard to the design and location of the parking area. The Board finds the applicant proposes to locate the new sanctuary directly south of the established sanctuary and to connect the two buildings via a breezeway. The Board finds that the proposed parking area will be located to the west of the new sanctuary and that the new sanctuary will fully screen the parking area from Phoenix Drive. The Board finds that the applicant has proposed to surround the remainder of the new parking area with S2 screening as required by code. The Board finds that the proposed site plan includes an entrance /exit drive along the west side of the lot from Rohret Road, an arterial street, as well as a rear loading area to the north of the church building with access to and from Phoenix Drive. The Board finds that the proposed site plan exceeds all setback requirements for religious facilities located in the RS -5 zone. Conclusions of Law: The Board concludes that the setbacks and required landscaping of the parking area meet the code requirements and will improve the site by screening the parking area and drive and by creating separation and screening from adjacent residential uses. The Board finds that additional evergreen screening along the westerly 120 -foot section of the property abutting residential property will buffer the abutting residential use from the traffic along the entry/exit drive. The Board finds that the establishment of the rear loading area and the relocation of the dumpster from the front of the lot will improve the appearance of the site, and that the recommended screening of the dumpster from the public street and adjacent residential property will prevent the new dumpster location from creating a negative impact on surrounding property. The board finds the entry/exit drive will improve ingress and egress from the site as traffic waiting to enter onto Rohret Road will back up on the private drive rather than on a public street. Thus, given these general improvements over the existing site, including coming into compliance with current zoning regulations, the proposed exception will not be detrimental r���J 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. By coming into compliance with existing zoning regulations and relocating the access point, the special exception will contribute to the orderly development and improvement of surrounding property. All necessary utilities and infrastructure are in place to support the expansion and adequate measures have been taken to provide access that minimizes congestion in public streets. Prior to issuance of a building permit, the proposed exception will conform to applicable regulations or standards for the RS -5 zone and, as the Comprehensive Plan encourages the location of churches in residential neighborhoods, the proposed exception will be consistent with the Comprehensive Plan. Disposition: By a vote of 3 -0 the Board approves EXC07- 100005, an application submitted by the Korean United Methodist church, Inc. for a special exception to allow construction of a new sanctuary and parking lot for property in the Low Density Single Family Residential (RS -5) zone at 4032 Rohret Road, subject to substantial compliance with the proposed site plan and the following conditions: 1. The privacy fence around the dumpster be a minimum of 5 ft in height and be surrounded by S3 landscaping. 2. A final site plan demonstrating the appropriate shade trees for the parking lot as required by code and additional evergreen screening along a 120 -foot section of the drive abutting the residential use to the west. Further, the Board approves the applicant's request that the period of the speciaFexceptUop be-t i extended to 18 months. r -, i -'C =, F 1 VARIANCE ITEMS: s 7N CO 1. VAR07- 00001: A public hearing regarding an application submitted by Jeff Claf'Ic for property at 24 North Governor Street requesting a variance from the zoning requirement that duplexes on lots less than 80 feet in width in the Neighborhood Stabilization Residential (RNS -12) zone have rear private or alley access. Findings of Fact: The Board finds that the in order to grant a variance the applicant must satisfy all five tests defined in the code. The Board finds that the subject property is located in the RNS -12 zone and that duplexes are allowed in the zone as a provisional use. The Board finds that the subject lot is less than 80 feet in width, and therefore the code requires that to build a duplex, the property must provide rear alley or drive access to its required parking area. The Board finds that the original single family residence on the property was destroyed by the April 2006 tornado. The Board finds that at the time the property was purchased and at the time a building permit was applied for, reasonable due diligence based on available public records showed that the property had access to a public rear alley and that the applicant intended to pave the alley as required by code. The Board finds that all duplexes in the Central Planning District must meet architecture and design guidelines described in the code, and that the applicants building satisfied these and all other code requirements for the duplex use. Thus, the City issued a building permit for the duplex. The Board finds that, after construction of the duplex was completed and the owner prepared to pave the access, neighboring property owners informed the applicant and the �b City that under an unrecorded order by the Johnson County District Court ownership of the rear drive was divided among those properties that abut it. Although the Court order specifically provides for continued communal access along the drive, the neighbors indicated their belief that the agreement did not allow improvements to the alley nor the intensification of its use as access for the two - family use (as contrasted with the original single family use). Moreover, it appears that litigation will be necessary to resolve the scope of this property's access rights, which may take several years with an uncertain outcome. The Board finds that without rear access the property may be used as a single - family use only. The Board finds that the applicant has presented financial information indicating the cost of construction and maintenance for the property and the potential rental income as a duplex and single - family and notes that conversion of the duplex to a single family use is likely cost prohibitive. The Board finds that the zoning code requires rear access for duplexes on narrow lots in order to minimize excessive paving and parking in the front yard as well as to avoid the predominance of garage doors along street fronts. The Board finds that the proposed access drive from Governor Street will utilize the existing single - family drive, be ten feet wide and run along the south side of the building, away from the adjacent single - family uses to the north. Additionally, the drive will be separated by the creek from residential uses to the south. The Board finds that while the Comprehensive Plan encourages the use of rear alleys for development of narrow lots, it also allows for narrow driveways with parking to the rear of a structure in those situations where rear access is not possible. Conclusions of Law: The Board concludes that because the duplex constructed by the applicant meets all other code requirements for duplexes located in the RNS -12 zone and in the Central Planning District, and because the proposed 10 -foot wide drive utilizes the existing single - family drive and is located along the side of the house away from the neighboring single - family properties, the variance will not threaten neighborhood integr. tJ nor have a substantially adverse affect on the use or value of other properties ftrtthg area adjacent to it. The Board concludes that, with appropriate landscaping to screen the drive andIb- ,deter) parking along the drive, the proposed variance will be in harmony with the geher ;purpgse - and intent of the Zoning Chapter and will not contravene the objectives of theO = Comprehensive Plan. The Board concludes that the narrow drive and recomryended °? landscaping will reduce the likelihood of parking along the drive and will help to maintain the unpaved areas along the side yard, which is highly visible from Governor Street. The Board concludes that, based on financial information provided by the applicant, which appears to be consistent with local rental rates, the property in question cannot yield a reasonable return if used only for a single family use. Further, a strict application of the rear access requirement would severely diminish the rate of return for the property as a rental. Moreover, conversion of the duplex to a single family use is likely cost prohibitive with a questionable market due to its original duplex floor plan and occupancy restrictions. The Board concludes that the situation is unique and peculiar to the property in question and the situation is not shared by other landowners in the area nor due to general conditions in the neighborhood for two reasons: 1. The Johnson County District Court Order addressing legal ownership of the rear alley was unrecorded and not reasonably available to the owner /applicant nor the �J City or County prior to issuance of the building permit and construction of the duplex; and 2. The neighbors' interpretation of the District Court Order to preclude the applicant's paving and use of the alley for the duplex was unknown prior to issuance of the building permit and construction of the duplex, and lengthy litigation likely will be necessary to resolve the dispute concerning the scope of this property's access rights. The Board concludes that because the applicant invested in the property with the reasonable expectation that the property could meet all code requirements for a duplex use —an expectation that was supported by a reasonable review of available public records as well as the City's issuance of a building permit —the hardship is not of the landowner /applicant's own making or that of a predecessor in title. Disposition: By a vote of 3 -0 the Board approves VAR07- 00001, an application submitted by the Jeff Clark for a variance from the zoning ordinance to allow access to north Governor Street for a two - family use in the RNS -12 zone, subject to a landscaping plan to prevent parking in the front yard, stabilize the streambank, and buffer the appearance of the additional paving. 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. d_0 _ Appd b Carol Alexande , Chairperson / roo e / City jttorne9s-OTbe� ,,?z: STATE OF IOWA JOHNSON COUNTY 1, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 11th day of July, 2007, as the same appears of record in my Office. Dated at Iowa City, this J day of 2007 Marihn.K. Karr, City Clerk IVIIIIIIII�IIIVIIIIIIIIIIIIVIIIVIIIII( IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 020962570013 Tvoe: GEN Recorded: 08/28/2007 at 11:19:28 AM Fee Amt: $67.00 Peas 1 of 13 Johnson Countv Iowa Kim Painter Countv Recorder BK4210 PG232 -244 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.07 -239 which was passed by the City Council of Iowa City, Iowa, at a special meeting held on the 21St day of August, 2007, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 23`a day of August, 2007. — �� K 7Ctn Marian k. Karr City Clerk fires r Prepared by: Sara F. Greenwood, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 07_239 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SANITARY SEWER AND WATERMAIN EASEMENT AGREEMENT AND A DRAINAGE EASEMENT AGREEMENT FOR SOUTH GILBERT STREET BUS FACILITY IN IOWA CITY, IOWA. WHEREAS, pursuant to the Code of Ordinances of the City of Iowa City, Iowa, South Gilbert Development [hereinafter "Owner'] submitted a site plan for development of the South Gilbert Street Bus Facility in Iowa City, Iowa; and WHEREAS, under said plan, additional infrastructure was installed to service the development, and certain easement rights must be acquired to ensure the continued operation of the newly installed public infrastructure; and WHEREAS, City staff has approved the location of the newly installed public infrastructure servicing this development, as well as the associated easement agreements; and WHEREAS, the easement agreements require City Council approval; 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: 1 The Mayor is hereby authorized to sign and the City Clerk to attest the Sanitary Sewer and Water Main Easement Agreement and the Drainage Easement Agreement for the South Gilbert Street Bus Facility, located at 2185 South Gilbert Street, 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 Agreements in the Johnson County Recorder's Office at the expense of Owners. Passed and approved this 21 at day of Aiiomqt, .2 MAYZ5R ATTEST: Z4adA 4sc2 le. 7aA4. CCITTII`CLERK APPROVED BYy,11 r tt� e �n e ✓a vz� City Attorney's Office 8/3/07 CORPORATE SEAL Resolution No. 07 -239 Page 2 It was moved by champion and seconded by yanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Elliott x O'Donnell x Vanderhoef x Wilburn -0 Preparer 1 D • C Joseph Holland 123 N Linn St., Suite 300 P.0, Box 2820 Iowa City, IA 52244-2820,(319)354-0331 DRAINAGE EASEMENT AGREEMENT AUDITORS PARCEL 2007065 as recorded in Plat Book 52,page 51 THIS AGREEMENT, made and entered into by and between SG Land LC and SG Land II LC, collectively "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 and the installation, replacement, maintenance and use of such , swales, ditches and channels 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 and referred to herein as "easement areas." Owner further grants to the City: 1. The right of grading said easement area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, to cut down and clear away any and all trees and brush on said easement area, and also to trim, cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of the City may be a hazard to said easement areas or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The -3a- City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Owner reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner-shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said easement areas. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that they have a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement(s) at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City; as provided by law. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this day of - Jitn-e®, 2007. OWNER: SG Land LC L- : Keith Villhauer, Member and Manager 54, STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged b "efore me this Iq day of JUKI 2007, by Keith Villhauer, Member and1 Manager of SG Land LC. (StamD or Seal ANGELA JACOBV Notary Pub is in aid for U40 State of owa FwtCommbsion NumWr]Y1I8C Uly Commmabn Erplea S/G Land II LC n by: Kimberlee A. Villhauer, Member and Manager STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this iA day of ci 2007, by Kimberlee A. Vi.11hauer, Member and Manager of SG Land II LC. (Stamp or Seal) _ Notary ublic i and fo the State of Iowa :�y, ANGELA JACOBY k Commszbn Number]Y!]Ca rGM MY Comm4abn E+Db.t CITY OF IOWA CITY, IOWA By: Ross Wilburn, Mayor By: STATE OF IOWA ) )ss: JOHNSON COUNTY ) Marian K. Karr, City Clerk • 4 1 On this c) s/ / day of AucuST , 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn 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 /3q, voluntary act and deed of said corporation, by it and by them voluntarily executed. os :ONDRAE FORTn Number 159781 mission Expires e au Notary Public for the State of Ionia \ \Server \shared \WPDOCS \CORPS \Southgate Development \South Gilbert\ Easements \DrdinageEasement062207.wpd Approved By cj mot._ .,, Cty Attorney's Office sEa a �zr F� rv, ro �h7 m O m SEE z �� Ua x� 3 E E roan S_ U nK v p sEa a O m SEE z �� U — co �.wyMllll'IYi'ly�'µN �EyOP h i ic5 wv ro0 :21:6 Loci /06/9 O,v,c sht�ssszz \�.ssszz \aczz \�� U z x a o0 OF oQOO N m06 so � o mom= p W ,j �F O QZZ�OaT Y�3w�6W WOOF �d O `Oo xLLU aN ON �NLNy uRo N �o3e 3az c 3= - mjm °wg �YbYlCry3 �J �0 b ® rrrv✓ w M p oSD R� O m z �� U — co W s rcc u C apM1tJ W c� Z n co C5 o W U z x a o0 OF oQOO N m06 so � o mom= p W ,j �F O QZZ�OaT Y�3w�6W WOOF �d O `Oo xLLU aN ON �NLNy uRo N �o3e 3az c 3= - mjm °wg �YbYlCry3 �J �0 b ® rrrv✓ w M p oSD R� Preparer I.D.: C. Joseph Holland 123 N. Linn St. , Suite 300 P.O. Box 2820 Iowa City IA 52244.2820 (319)354 -0331 SANITARY SEWER AND WATERMAIN EASEMENT AGREEMENT AUDITORS PARCELS 2007065 & 2007066 as recorded in Plat Book 52,page 51 THIS AGREEMENT, made and entered into by and between SG Land LC, SG Land II LC, and South Gilbert Development, Southgate BP Properties Development, L..L.C. collectively "Owner" collectively "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 receipt of which is hereby acknowledc conveys to the City easements: for the purposes of excavating replacement, maintenance and use of mains, and conduits as the City shall conveying sewage, valuable consideration, the ed, Owner hereby grants and for and the installation, such sewage lines, pipes, from time to time elect for 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 and waterlines, 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 and Watermain Easement" as shown on the Easement Plat attached hereto and referred to herein as "easement areas. Owner further grants to the City: 1. The right of grading said easement area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area, to such extent as the City may find reasonably necessary. 2. The right from Lime to time to trim, to cut down and clear away any and all trees and brush on said easement area, and also to trim, cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of the City may be a hazard to said easement areas or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Owner reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said easement areas. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that they have a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement(s) at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as provided by law. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this day of 3u" , 2007. VA, OWNER: SG Land LC y: Keith Villhauer, Member and Manager STATE OF IOWA ) )ss: JOHNSON COUNTY ) u1%- This instrument acknowledged before me this 1_ day of Ju 2007, by Keith Villhauer, Member and Manager of -SG Land LC. (Stamp or Seal)V SWw ANGELAJACOBY .Notary Public inl and for /�{he State 4f Iowa z °q Com/nsebnNw rl, llJ/ .b$aa�, Ny Cwmrbebnfvkwl /ONi 3G Land II LC by! Kimberlee A. Villha Member and Manager STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this day of e3"tr j 2007, by Kimberlee A. Villhauer, Member and Manager of SG Land II LC. 'Qm �nz&n// Fp Cammesbn NUmbeAYlit4 Notar �Ublic n and f the Stat6j of Iowa )�. My Comm'mbn Expees /ONE South Gilbert Development, Southgate BP Properties Development, L.L.C. by: Southgate Development Services, L.L.C., Manager by: Dennis Craven, Manager `)A STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this -_ day of _ 2007, by Dennis Craven, Manager of Southgate Develop ent Services, L.L.C., Manager of South Gilbert Development, Southgate BP Properties Development, L.L.C. (Stamp or Seal) ANGELA JAC%1 Notary `lrublic iln and fc/r� the State0of Iowa Q£ Comm'esbnNu E11Ytiea vv Commhsbn Eipxeo OM! CITY OF IOWA CITY IOWA By: Ross Wilburn, Mayor By: MarianK. Karr, City Clerk STATE OF IOWA ) �, v - •TE SEAL )ss: ,G V JOHNSON COUNTY ) 6y n(q� On this �/ day of tiLA Grisr 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn 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 ex S¢�'ga SONORAE FORT _ �. Commisslon Number 158791 ���./ aw MyommissionEZpires Notary Public for the State of Iowa \ \Server \shared \WPOOCS \CORPS \Southgate Development \South Gilbert \Easements \Sanitary Sewer and Watermain Easement 062207.wpd Approved By A City Attorney's OfftCe la/07 �j Cr Cr � N I ^I �2Y 1 III 2 .�-1 CG a Z m F � eE„ 9 12B NV 99:Z9:6 460Z /ZZ /o LIP 611/ Lt- 966 \L S99ZZ °µ- \02Z \ :° � O.i °ate oz F4 zz� rTs � FOmN � 8g3r ° r;- a � 2 OO�N�O� Li I� /k^ xl.lr r F � 12B NV 99:Z9:6 460Z /ZZ /o LIP 611/ Lt- 966 \L S99ZZ °µ- \02Z \ :° � O.i °ate oz F4 zz� M FOmN � Oo<oCI � r OO�N�O� Li I� H p fANN q N� T wz ZZZLJO Z O 'OOO N as as � ems rc� z�m � Wwoo� sn"'�'ca (fl zB Ss= aoiw- 3 m S d °NS m MF�� N � ~ �rcr�3 'bpod� _uoowwaau g mF_y - m w 000Z j LLm N � S MDy � r_ w¢ E c K ®<� bl m2oo. I1zI U C m¢�(=/l IL Uy O W n sN S F 'W^ a¢SGO� o i3 W �00� e U O p aU F � °µ- O.i °ate oz F4 zz� �F Qo N pbo wz as as � ems rc� z�m � Wwoo� sn"'�'ca zB Ss= aoiw- 3 .ai 'bpod� _uoowwaau g Q � � c K ®<� bl c I1zI U C W S F FV CSCSL� � a � R S Rc m .�o w8 Cd$v" n Qc w uN � I I �� 1 zPo <'am S� z €o So oEi mm e$w90 SnN- �o NBA eao �xm dso - oe -- P`,onomV ULJ� W� �i'a °= moown °rou oO Y�3� N Doc ID: 020982440007 TVDe: GEN Recorded: 08/28/2007 at 10:50:44 AM Fee Amt: $37.00 Pace 1 of 7 Johnson Countv Iowa Kim Painter Countv Recorder BK4210 PG 191.197 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.07 -240 which was passed by the City Council of Iowa City, Iowa, at a special meeting held on the 2151 day of August, 2007, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 23rd day of August, 2007. Mar K. Karr City Clerk VeS �l 4f 5 Prepared by: Sara F. Greenwood, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 07 -240 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SANITARY SEWER EASEMENT AGREEMENT FOR 3331 -3341 ROHRET ROAD IN IOWA CITY, IOWA. WHEREAS, Rebecca Neades and Edward Sheridan, wife and husband [hereinafter "Owners "] have requested the City provide sanitary sewer service to the properties located at 3331 -3341 Rohret Road, in Iowa City, Iowa; and WHEREAS, sanitary sewer service is currently provided to the property adjacent to Owners' property; and WHEREAS, infrastructure will be installed to service Owners' property, and certain easement rights must be acquired to ensure the continued operation of the newly installed public infrastructure; and WHEREAS, City staff has approved the proposed location of the public infrastructure servicing this property, as well as the associated easement agreement; and WHEREAS, the easement agreement requires City Council approval; and WHEREAS, the execution of said easement agreement is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 The Mayor is hereby authorized to sign and the City Clerk to attest the attached Sanitary Sewer Easement Agreement for 3331 -3341 Rohret Road, 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 Owners. Passed and approved this 21st day of 2007. lJ MAYOR ATTEST: AAA e ' . 7C APPROVED BY: CIT LERK City Attorney's ice • ♦ • • t 26 Resolution No, 07_240 Page 2 It was moved by champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia v Elliott x O'Donnell x Vanderhoef x Wilburn 11b6 Prepared by: Sara F. Greenwood, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 SANITARY SEWER EASEMENT AGREEMENT This Agreement is made by and between Rebecca Neades and Edward Sheridan, wife and husband, (hereinafter "Owners "), and the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City "). WHEREAS, Rebecca Neades and Edward Sheridan are the owners of 3331 -3341 Rohret Road, Iowa City, Johnson County, Iowa, which is not currently serviced by City sanitary sewer service; and WHEREAS, Owners wish to convey a sanitary sewer easement to the City of Iowa City, as depicted in the Sanitary Sewer Service Easement Acquisition Plat, attached hereto as Exhibit A and by such reference incorporated herein [hereinafter "Easement Area'], for the purpose of receiving said service. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: Rebecca Neades and Edward Sheridan, as the owners of 3331 -3341 Rohret Road, Iowa City, Iowa, as legally described on Exhibit A, attached and incorporated herein, for the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, hereby grant and convey to the City a permanent sanitary sewer easement over and across the property for purposes of excavating, installing, replacing, maintaining and using such sanitary sewer lines, pipes, mains and conduits, as the City shall from time to time elect, for conveying sewage, together with all necessary appliances and fittings for use in connection with said lines and adequate protection thereof, and also a right -of -way with right of ingress and egress thereto, over and across the premises as designated in Exhibit A. Owners further grant to the City the following rights in connection with the easement: 1. The right to grade said Easement Area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said easement area, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away all trees and brush on said easement area and on either side of said Easement Area which now or hereafter in the opinion of the City may be a hazard to the sanitary sewer lines, or 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 and conduct emergency repair which may extend minimally 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 area. 4. City shall promptly backfill any trench made by it, and repair any damages caused by City within the Easement Area, including any damages by virtue of future excavation or use of the Easement Area, but excluding the replacement of trees, shrubs and brush on the Easement Area. 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 Easement Area has been completely restored as set forth above and except as expressly provided in this Easement Agreement, City shall have no responsibility for maintaining the Easement Area. 5. The Owners reserve a right to use said easement area for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Owners shall not erect or construct any building, fence, retaining wall or other structures; plant any trees, drill or operate any well; construct any obstructions on said easement area; or substantially add to the ground cover of said easement area. Owners shall not permit any other utility to be put in longitudinally in the Easement Area. Owners may plant trees and shrubs on the Easement Area but in the event City must disturb or remove said trees and shrubs pursuant to its easement rights described above, City shall have no obligation to replace said trees and shrubs, or compensate Owners for the same. Owners may construct a fence over or upon the Easement Area; but only after submittal to City of a schematic design and prior written approval of the City Engineer, which approval shall not be unreasonably withheld. In the event of such approval and construction of a fence by Owners, City shall have no obligation to repair or replace such fence, or compensate Owners for the same, in the event that City must disturb or remove the fence pursuant to its easement rights described above. 6. City further agrees that nothing in this Easement Agreement shall in any way preclude Owners from causing, allowing or permitting utilities to cross the Easement Area, but only upon City's approval, which approval shall not be unreasonably withheld, and only if said utilities cross the Easement Area in a perpendicular direction. 7. The Owners hereby covenant with the City 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. 8. This easement shall inure to the benefit of and bind 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. SIGNED this day of 11 — 2007. CITY WA CITY, IOWA OWNERS Ross Wilburn, Mayor Rebecca des By: ATTEST: dward Sheridan Mar K. Karr, City Clerk Approved by: CORPORATE SEAL ity Atto eyrslav �S Q 1 j6 STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this !Z "day of Ay.�, „+ , 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Rebecca Neades, to me personally known and acknowledged the execution of the foregoing instrument to bb°e7a voluntary act. KNOCHE p 4t Commission Nun ri030070 �C • aevl62Lmil2 N xPines Notary Public in and for the State of Iowa STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this 171 day of Aog,jp.4 , 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Edward Sheridan, to me personally known, and acknowledged the execution of the foregoing instrument to be a voluntary act. 4 Y RONALO R. KNOCNE i G ��ask�gNUr�rXPI�RRB IOIZd /zrr�' STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Notary Public in and for the State of Iowa On this .z/ st day of ! n �u6uS 7 , 2007, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation, executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the Ross Wilburn and Marian K. Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. ' SONDRAC FORT /''' L i �� Commission Number 159791 Sorritic o, Icr7i ) My Commission. xpires Notary Public in and for the State of Iowa ww 4 oa' �fi 20' Permanent Sanitary Sewer Easement C 10 � � R � \ VO \ %%��. �� Rebecca Neades 3341 Rohret Road Iowa City, IA 52246 Locally known as 3331 -3341 Rohret Road x ecu•ia• w �csoo rr DESCRIPTION OF PERMANENT SEWER EASEMENT The North 20 feet of that portion of the southwest quarter of the southeast quarter of Section 18, Township 79 North, Range 6 West of the 5th P.M. that is described as Auditors Parcel C on Plat of Survey recorded in Book 32, Page 143, Plat Records of Johnson County, Iowa. EXHIBIT A IO WA CITY oa DESIGN: DRS 20.00 50' ENGINEERING DIVISION I REBECCA NEADES IOWA CITY, IOWA DRAWN: JE2 DATE: 2007 I DRAWING: G: I SHEET: That portion. of the southwest quarter of the southeast quarter of Section 18, Township 79 North, Range 6 West of the i 5th P.M. that is described as Auditors Parcel C on Plat of Survey recorded in �Ju Book 32, Page 143, Plat Records of Johnson County, Iowa. ru Rebecca Neades 3341 Rohret Road Iowa City, IA 52246 Locally known as 3331 -3341 Rohret Road x ecu•ia• w �csoo rr DESCRIPTION OF PERMANENT SEWER EASEMENT The North 20 feet of that portion of the southwest quarter of the southeast quarter of Section 18, Township 79 North, Range 6 West of the 5th P.M. that is described as Auditors Parcel C on Plat of Survey recorded in Book 32, Page 143, Plat Records of Johnson County, Iowa. EXHIBIT A IO WA CITY EASEMENT PLAT PROPERTY OWNER: DESIGN: DRS SCALE: 1"— 50' ENGINEERING DIVISION I REBECCA NEADES IOWA CITY, IOWA DRAWN: JE2 DATE: 2007 I DRAWING: G: I SHEET: Ko v';- IIIIIIIillllllilllllllillllllllllllllllllilllllllllllllllillllllllllllllllllllll Doc ID: 02 0963 780013 Tvue: GEN Recorded: 08/28/2007 at 12:25:54 PM Fee Amt: $0.00 Page 1 of 13 Johnson Countv Iowa Kim Painter Countv Recorder SK4210 P0297 -309 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.07 -258 which was passed by the City Council of Iowa City, Iowa, at a special meeting held on the 2l't day of August, 2007, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 23`a day of August, 2007. Marian K. Karr City Clerk Ves Is= 3p 7 20 Prepared by: Kimberly Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO. 07 -258 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY, IOWA TO USE A PORTION OF CITY STREETS AND PUBLIC RIGHTS -OF- WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. WHEREAS, Johnson County, Iowa has installed a buried conduit system containing a fiber optic telecommunications cable within City of Iowa City public rights -of -way; and WHEREAS, the City of Iowa City desires to enter into an agreement with Johnson County, Iowa providing for the continued use of the public right -of -way and for the possible expansion of the existing facilities; and WHEREAS, it is in the public interest to enter into an agreement with Johnson County, Iowa concerning 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 Johnson County, Iowa 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 Johnson County, Iowa's expense. Passed and approved this 21st day of au ust 2007. �J MAYOR Approved by ATTEST: 4) pC m A- —4, / CITY-CLERK City Attorney's Office rfi WO7 CORPORATE SEAL Resolution No. 07 -258 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 Elliott x O'Donnell x Vanderhoef x Wilburn 4e AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND JOHNSON COUNTY, IOWA FOR USE OF PUBLIC RIGHTS -OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. SECTION I. DEFINITIONS a. "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its officers, employees and agents. b. "Public Improvements" shall mean any publicly owned improvements on public property, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electrical transmission lines and equipment related thereto, cable and telephone lines and equipment related thereto. c. "Public Property" shall mean public -owned or controlled public land and rights -of -way, easements, bridges, parks squares and commons. d. "Network' shall mean Johnson County, Iowa 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 Exhibits A, B & C 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 specifications. No such excavation, construction or erection shall be commenced before the 9y 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, across, along, over or under any public property occupied by the Network, and to change any 2 1�p 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. As a condition of this agreement the Network 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 Network or any facilities requiring excavation of public property or public right -of -way shall require Network to restore and replace 3 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. �� x i � � (i 1► i �� �f � i LI p � � (i 1► FY it �a C 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. 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. 4 q�lp 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 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 parry 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 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 Network to relocate its facilities as provided in Section 8 hereof. 61 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 Network: Chairperson — Board of Supervisors Johnson County, Iowa 913 S. Dubuque Street Suite #201 Iowa City, IA 52246 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. Dated this 9 t Grday of August 2007. CITY OF II,O�WA CITY l JOHNSON COUNTY, IOWA .J jir-4, By: 4dz &e� Ross Wilburn, Mayor Chairperson — Board of Sup isors Attest: w-,, ( 2� { f) City Clerk Approved by: City Attorney's Office ATTEST: County Auditor �� A CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) sY r� On this � day of kkGusr , 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn 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. ci 7— a5 A and passed by the City Council, on the 11 �' day of (auGUCr— 2007, and that Ross Wilburn 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. SONAE FORT sg,.l�n � rbV DR Commission Number 159791 Notary Public in and for the State of Iowa Commis�i7ovn F re5 w My 0 My commission expires: -q �o?ao9 NETWORK ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this It day of hcuW t , 2007, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared r °ck to me personally known, who being be me duly sworn, did say that they are the Chairmah of the Board of Supervisors of the County of Johnson, State of Iowa, executing the foregoing instrument; that the seal affixed thereto is the seal of said county; that said instrument was signed and sealed on b alf of said County by authority of its Board of Supervisors; and that the said zk 14 6(1 acknowledged that execution of said instrument to be the voluntary act and deed of sa6d county and by them voluntary execptsd,, in and for the State of Iowa commission expires: ka"j,4 2er0� U: \PW\STAFF\Kim J \ROW Agreements \Temporary - Fixed \Fiber Optic\Johnson County.doc z tliw�rawag aup�ngseyul suunwwg7 T -- - ",••° AINgJ Nosrald' Ol DUB � unwIvimto �++b n a•.n �v Ta1UY AIND� xoBtHOr o THddO d� T E,IlTIIOD 1108lIHO[ QL �lf81PJI]iD � li0ffi�ffiffi �� ; _ .v- f t v a Q R F3 gLL €a u_ 3 9 i< >S ; IM ado � s Lij ass y s _ E1: � asa a �- ' I s, s{ T —AI in 2 1 a gB M c vy t T b _ —._ —_ tlwpstrywgartWMSV�WI��!unwwa� ��j T �a� n'u94ll3N11S11] § (srr) sntit� �xr��v NDSHW O 3iNLLOD HOSNIDa' OI. 1PJDd0 d0 HOSN>sII l am P dP3 P.� P 0 L • I ___.. .10 A•+m iKPi� mni'�44ww)' `. w�?mc ati 4M1On j F .aaniw V 09 a �1 E L{GISI�@ W 6a FY��e iO C 11'.� 1�1��c�. b+ � U I r4 -O k P w lo. �owF9 Ftb me�M% N �G3 —oo+o mwomu /@n wa, w ++0 m 3 ,g«ee ;tee _ E E %3:t gm� ¢O�g� 3S 4 ge < Q F LL IL� Qa V W WJ 0 } $U O go Qt LL J� P T 1 _, - a �•, "4PP•P 6N � am P dP3 P.� P 0 L • I ___.. .10 A•+m iKPi� mni'�44ww)' `. w�?mc ati 4M1On j F .aaniw V 09 a �1 E L{GISI�@ W 6a FY��e iO C 11'.� 1�1��c�. b+ � U I r4 -O k P w lo. �owF9 Ftb me�M% N �G3 —oo+o mwomu /@n wa, w ++0 m 3 ,g«ee ;tee _ E E %3:t gm� ¢O�g� 3S 4 ge < Q F LL IL� Qa V W WJ 0 } $U O go Qt LL J� P T ,g«ee ;tee _ E E %3:t gm� ¢O�g� 3S 4 ge < Q F LL IL� Qa V W WJ 0 } $U O go Qt LL J� P T dlwpsaauagarymRByul suogeawwwq� i r p ,..m�f ,nro �u rASN of 3clfoHlal� Q Il xiisao ,rte s , AuN go enaaaor astlnm moo[ ox aaaa Imuao I k 9 s �r -- - ----_ � R -- i '_ 14 JY�w Oab Ada xufa e.w.e N e ¢�f dgs 3 as >; F4 a$o 1 LL LL W p t$ w E ,.o _ - - E mC S+m E aw xai � -- BS MII IW e1TAmIwmM as (mrnWa __ s �r -- - ----_ � R -- i '_ 14 JY�w Oab Ada xufa e.w.e N e ¢�f dgs 3 as >; F4 a$o 1 LL LL W p Tee. Doc ID: 020962460010 Tvoe: GEN Recorded: 08/28/2007 at 10:55:39 AM Fee Amt: $52.00 Pace 1 of 10 Johnson Countv Iowa Kim Painter Countv Recorder BK4210 Po 199.208 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.07 -4273 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 21st day of August, 2007, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 23`d day of August, 2007. �Z�J�G '. /�' • &fi',A Mafian K.-Karr City Clerk \ord L i i Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 ORDINANCE NO. n7-4 ?7,1 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 15.42 ACRES OF LAND LOCATED SOUTH AND WEST OF WHISPERING MEADOWS DRIVE FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (RS -8) TO HIGH DENSITY SINGLE FAMILY RESIDENTIAL (RS -12) (REZ006- 00025) WHEREAS, the applicant, MBHG Investment Co., Inc., has requested a rezoning of property located South and West of Whispering Meadows Drive from Medium Density Single Family Residential (RS -8) to High Density Single Family Residential (RS -12); and WHEREAS, the Comprehensive Plan indicates that this area is appropriate for duplex and small lot single family residential development; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for adequate secondary access and street connectivity between neighborhoods; 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 owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of RS -8 to RS -12: LEGAL DESCRIPTION COMMENCING AT THE NORTHEAST CORNER OF AUDITOR'S PARCEL 2003100, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 46, AT PAGE 155, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00 °02'42 "W, ALONG THE EAST LINE OF SAID AUDITORS PARCEL 2003100, A DISTANCE OF 127.00 FEET; THENCE N89 °57'18 "W ALONG SAID EAST LINE, 12.29 FEET; THENCE S00 °02'42 "W ALONG EAST LINE 33.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S00 °02'42 "W ALONG SAID EAST LINE, 170.50 FEET; THENCE S89 057'18 "E ALONG SAID EAST LINE, 298.23 FEET; THENCE S00 002'42 "W ALONG SAID EAST LINE, 137.50 FEET; THENCE N89 °57'18 "W ALONG SAID EAST LINE, 20.00 FEET; THENCE S00 °02'42 "W ALONG SAID EAST LINE, 175.00 FEET; THENCE S05 044'59 "E ALONG SAID EAST LINE, 159.34 FEET; THENCE S16 040'29 "W ALONG SAID EAST LINE, 114.86 FEET; THENCE S01 038'48 "E ALONG SAID EAST LINE, 8.20 FEET; THENCE N88 029'50 "W, 111.79 FEET; THENCE S78 °51'22 "W, 236.93 FEET; THENCE S89 °33'59 "W, 584.90 FEET; THENCE N00 026'01 "W, 270.88 FEET; THENCE N35 °27'47 "E, 54.47 FEET; THENCE N16 °03'10 "E, 215.73 FEET; THENCE N00 °02'42 "E, 292.17 FEET; THENCE S89 057'18 "E, 433.17 FEET; THENCE SOUTHEASTERLY, 22.80 FEET, ALONG THE ARC OF A 400.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 22.79 FOOT CHORD BEARS S88 019'20 "E; THENCE S86 041'22 "E, 100.00 FEET; THENCE SOUTHEASTERLY 22.80 FEET ALONG THE ARC OF A 400.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 22.79 FOOT CHORD BEARS S88 019'20 "E TO THE POINT OF BEGINNING, CONTAINING 15.42 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. t'} n i 7/, Ordinance No. 07 -4273 Page 2 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 III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV, CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owners expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. P sed and approved this 21stday of August 20Q1_. MAYOR ATTEST: 7 CORPORATE L CI =CLERK Ap roved by City Attorney's Office 1J 1 Ordinance No. 07 -4273 Page 3 It was moved by Vanderhoef 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 Elliott x O'Donnell x Vanderhoef x Wilburn First Consideration 7/24/2007 Voteforpassage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Bailey. NAYS: None. ABSENT: Wilburn. Second Consideration --------------- - -- Vote for passage: Date published 8/29/2007 Moved by Vanderhoef, 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 I the ordinance be voted upon for final passage at this time. AYES: Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef. NAYS: None. ABSENT: None. �)-1 [Same CZA for Ord. 07- 4273 and 07- 4274 1 Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ06- 00026) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Barker Development Co. (hereinafter "Owner "), and MBHG Investment Co., Inc. (hereinafter "Applicant "); WHEREAS, Owner is the legal title holder of approximately 34.86 acres of property located west of Whispering Meadows, Part 2; and WHEREAS, the Applicant, with the Owner's participation and consent, has requested the rezoning of a portion (approximately 15.42 acres) of said property from Medium Density Single Family Residential (RS -8) to High Density Single Family Residential (RS -12) and subsequent to this rezoning, requested a rezoning of the entire 34.86 acres of land from Medium Density Single Family Residential (RS -8) and High Density Single Family Residential (RS -12) to Planned Development Overlay 8 (OPD -8) and Planned Development Overlay 12 (OPD -12), respectively; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezonings and determined that, with appropriate conditions regarding adequate secondary access and street connectivity between neighborhoods and conditions addressing approval of wetland mitigation, monitoring, and long term maintenance of wetlands created in compensation for wetlands disturbed during development of the property, the proposed zoning is in conformance with the Comprehensive Plan and should be approved with said conditions; 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 directly caused by the requested change; and WHEREAS, the Owner and Applicant acknowledge and agree that certain conditions and restrictions are reasonable and necessary to ensure the development of the property is consistent with the Comprehensive Plan, to provide for safe and adequate traffic circulation between neighborhoods, to ensure that streets are not overburdened with traffic, and to provide for efficient provision of public and emergency services; and WHEREAS, the Owner and Applicant acknowledge and agree that the increased development potential that will result due to the requested up- zoning of the subject property along with the proposed disturbance of a significant portion of the sensitive features will make it necessary to construct off -site improvements, namely the extension of Whispering Meadows Drive, a collector street, across the abutting public property (Sycamore Greenway) to provide necessary secondary access to relieve traffic congestion on Lakeside Drive, a collector street, which would otherwise be overburdened with traffic generated by the proposed development; and WHEREAS, the City acknowledges the importance of providing affordable housing and in response to good faith efforts on the part of the Owner and Applicant to provide affordable housing, the City finds it reasonable to reimburse the developer for half the cost of constructing the aforementioned street connection across the Sycamore Greenway; and ppdadm1agt1rez06-0002625 xhispemeg mead 4 wmbined c a (2) 1 10 WHEREAS, the Owner and Applicant acknowledge and agree that certain conditions and restrictions are reasonable and necessary to protect, mitigate, monitor, and maintain wetland areas during and after development of the subject property; and WHEREAS, to satisfy public needs directly caused by the requested rezonings, the Owner and Applicant agree to develop the subject 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. Barker Development Co. is the legal title holder of the property legally described as follows: A PORTION OF THE SOUTHEAST ONE - QUARTER OF SECTION 23 AND A PORTION OF THE SOUTHWEST ONE - QUARTER OF SECTION 24, ALL IN TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS: AUDITOR'S PARCEL 2003100 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 23, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE S89033,59 'W' ALONG THE SOUTH LINE OF THE SOUTHEAST ONE - QUARTER OF SAID SECTION 23, A DISTANCE OF 1318.71 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST ONE - QUARTER OF THE SOUTHEAST ONE - QUARTER OF SAID SECTION 23; THENCE N00102'18 "E, 1121.93 FEET TO THE SOUTHWEST CORNER OF LOT 13, LAKESIDE ADDITION TO IOWA CITY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF RECORDED IN PLAT BOOK 9 AT PAGE 99 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE S89e57'18 "E, ALONG THE SOUTHERLY LINE OF SAID LAKESIDE ADDITION TO IOWA CITY, IOWA, 1175.00 FEET TO THE NORTHWEST CORNER OF LOT 174, WHISPERING MEADOWS SUBDIVISION, PART TWO, TO IOWA CITY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK 34 AT PAGE 99 IN SAID RECORDER'S RECORDS; THENCE S00 102'42 "W, ALONG A WESTERLY LINE OF SAID WHISPERING MEADOWS SUBDIVISION, PART TWO, 127.00 FEET; THENCE N89 057'18 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 12.29 FEET; THENCE S00002'42 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 203.50 FEET TO THE SOUTHWEST CORNER OF LOT 167 OF SAID SUBDIVISION; THENCE S89 157'18 "E, ALONG THE SOUTHERLY LINES OF SAID LOT 167 AND LOTS 166, 165, 164, 163, 162 AND PART OF LOT 161, A DISTANCE OF 298.23 FEET TO THE NORTHWEST CORNER OF LOT 154 OF SAID SUBDIVISION; THENCE S00 002'42 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 137.50 FEET; THENCE N89e57'18 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 20.00 FEET; THENCE S00002'42 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 175.00 FEET; THENCE S05e44'59 "E, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 159.34 FEET TO THE SOUTHWEST CORNER OF LOT 150 OF SAID SUBDIVISION; THENCE S16e40'29 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 114.86 FEET; THENCE S01 138'48 "E, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 196.14 FEET TO THE SOUTHWEST CORNER OF LOT 147 OF SAID SUBDIVISION; THENCE S88e21'05 "W, 111.19 FEET TO THE POINT OF BEGINNING, CONTAINING 34.86 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owner and Applicant acknowledge and agree that the City wishes to ensure conformance to the principles of the Comprehensive Plan, provide for safe and adequate traffic circulation between neighborhoods, protect sensitive environmental features within the City, and provide opportunities for affordable housing. Further, the parties acknowledge and agree that Iowa Code §414.5 (2007) provides that the City of Iowa -1 ppdadm1agVrez06- W02625 Mimpenrg mead 4 combined cza(2) 2 1 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 zoning change. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning and subdivision ordinances, as well as the following additional conditions: a) The Owner and /or Applicant will be responsible for extending Whispering Meadows Drive to the western edge of the Sycamore Greenway in an alignment determined by the City Engineer; and b) The Owner and /or Applicant will be responsible for extending Blazing Star Drive across City -owned property as illustrated on the plat in an alignment approved by the City Engineer; and c) The City will reimburse the applicant for one -half of the reasonable cost of construction of the portion of Whispering Meadows Drive that crosses the Sycamore Greenway and Owner /Applicant shall document said cost prior to reimbursement; and d) The City shall reimburse the applicant for the reasonable cost of the excess pavement required to meet collector street standards over that required for a 28 -foot wide local street for the entire length of the extension of Whispering Meadows Drive through the subject development and to the western edge of the Sycamore Greenway and Owner /Applicant shall document said cost prior to reimbursement; and e) The City shall reimburse the Owner and /or Applicant its share of the costs outlined in (c) and (d) above within thirty (30) days of the City's acceptance of the constructed Whispering Meadows Drive as a public improvement, provided the owner /applicant has provided documentation of said cost; and f) The Owner and /or Applicant will make a good faith effort to provide housing within the subject development that is affordable to residents with incomes at or below the Iowa City area median income and specifically use best efforts to encourage non- profit groups in the business of providing affordable housing to consider Whispering Meadows Part IV as a possible location for their projects. The Owner and /or Applicant will not discriminate against such groups and will act in a reasonable manner when presented with affordable housing projects in this development; and g) The City will provide for temporary construction easements on city property to allow for the construction of Whispering Meadows Drive across the Sycamore Greenway and for the extension of Blazing Star Drive across City owned property as illustrated on the plat. Upon concurrence by the City Attorney's Office, the Director of Public Works is hereby authorized to execute those agreements on behalf of the City; and h) The wetland mitigation plan must be approved by the Army Corps of Engineers and all other applicable State and Federal agencies prior to any development activity on the subject property; and ppdadm/a9Yrez06- 0902625 whispering mead 4 combined cza (2) 3 �� i) Copies of all site visit reports and annual monitoring reports submitted to the Army Corps of Engineers will be sent concurrently to the City; and j) The wetland mitigation site will be monitored by a wetland specialist for a period of not less than 5 years and continuing until 85% of the lots abutting the wetlands are developed and the other 15% of the lots abutting the wetlands are stabilized from erosion. Written reports by the wetland specialist shall be submitted to the City after every site visit and at least 3 site visits and reports shall occur per construction season, which for purposes of this agreement is defined as March 1 to October 31. The Owner and /or Applicant shall promptly repair any noted damage to the wetlands during the monitoring period; and k) Prior to final platting any portion of the subject property, the Owner /Applicant shall submit a maintenance plan prepared by a wetland specialist and approved by the City that estimates maintenance costs for the wetland areas and private open space within Outlots A and B, specifically details long term maintenance responsibilities, and describes generally to whom these responsibilities will be assigned; and 4. The Owner, the Applicant, and the City acknowledge and agree that the conditions contained herein are reasonable and necessary additional conditions to impose on the land under Iowa Code §414.5 (2007), and that said additional conditions are imposed to satisfy public needs that are directly caused by the requested zoning change. 5. The Owner, the Applicant, and the City acknowledge and agree that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform to the terms of this Conditional Zoning Agreement. 6. The parties acknowledge and agree that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowledge and agree 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 acknowledge and agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this d I day of .1 20 01 . CI OWA 9ITY BARKER DEVELOPMENT COMPANY Ross Wilburn, Mayor By: UM-+ Attest: MBHG INVESTMENT COMPANY, INC. ppdadmlagVrezW-0 M25"ispenn9 mead 4 combined cza(2) 4 /� & ge eu,4-) Marian K. Karr, City Clerk By: S{e„ i %ord v,) Ap ov d 2 ity Attor yes is 'I -2 yt37 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) St On this -�/ day of AL,,G(k-s-T-- A.D. 20 o-7 , before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilburn 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 voluntaril executed. o s SONDRAEFORT z Commission Number 159791 My Commission Eires ow 3 'oa Notary Public in and for the State of Iowa My commission expires: CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this afl day of '.5''•k( , A.D. 20 0`7 , befor(e me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared 16( 9 - /- Av&-- and to me personally known, who, being by me duly sworn, did say that they are the Vec ro �T and NA , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed ther to is the seal of said) said corporation by authority of its Board of Directors; and that the said ii <c50b-y and NA as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State My commission expires: 0-71/0/68 0 1 S a , Sandq u iss wwo R W 44 1di lagwnp uoisiww00 J •''` 0 ONVU1S 90 ON VHS �">W ppdOmlagVrezW 02625 whispering mead 4 combined cza (2) 5 �� LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this P5� day of _Sul,, A.D. 20 07 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared to me personally known, who being by me duly sworn, did say that the person is l%1 m hxr (title) of e K N G , eA +sf ran+ 6,% -P- -,. and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said mem1ee-- acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. .j Notary Public in and for the State of Iowa My commission expires: O9wloy ^ r o "' s SHANNON DB SiRAND z� Cornrnission NurnGai 1184 • ow� MY C�rmi for Expire04. /O pb ppdadmfagVrez06 02625 whispedN mead 4 wmbined ua (2) 6 1 II III I) ( III) I I I IIII I VIII I IIII IIII I VIII �II II I�) II IIII I II III (�I II I�I) I I I) I" I" 020982490010 Tvoe: GEN Recorded: 08/28/2007 at 10:59:07 Fee Amt: $52,00 Pace 1 of 10 Johnson Countv Iowa Kim Painter County Recorder SK4210 PG209 -218 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.07 -4274 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 21" day of August, 2007, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 23`d day of August, 2007. Marian . Karr City Clerk \ord rr, ■i i 0 Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 ORDINANCE NO. 07-4274 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 34.86 ACRES OF LAND LOCATED SOUTH AND WEST OF WHISPERING MEADOWS DRIVE FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (RS -8) AND HIGH DENSITY SINGLE FAMILY RESIDENTIAL (RS- 12) TO PLANNED DEVELOPMENT OVERLAY 8 (OPD -8) AND PLANNED DEVELOPMENT OVERLAY 12 (OPD -12) (REZO6- 00026) WHEREAS, the applicant, MBHG Investment Co., Inc., has requested a rezoning of property located South and West of Whispering Meadows Drive from Medium Density Single Family Residential (RS -8) and High Density Single Family Residential (RS -12) to Planned Development Overlay 8 (OPD -8) and Planned Development Overlay 12 (OPD -12); and WHEREAS, the Comprehensive Plan indicates that this area has sensitive environmental features, including a stream corridor, wetlands, woodlands, and hydric soils that must be taken into account and protected if property is proposed for development; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing approval of wetland mitigation, monitoring, and long term maintenance of wetlands created in compensation for wetlands disturbed during development of the property; 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 owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of RS -8 and RS- 12 to OPD -8 and OPD -12: LEGAL DESCRIPTION A PORTION OF THE SOUTHEAST ONE - QUARTER OF SECTION 23 AND A PORTION OF THE SOUTHWEST ONE - QUARTER OF SECTION 24, ALL IN TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS: AUDITOR'S PARCEL 2003100 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 23, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE S89 033'59 "W, ALONG THE SOUTH LINE OF THE SOUTHEAST ONE - QUARTER OF SAID SECTION 23, A DISTANCE OF 1318.71 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST ONE - QUARTER OF THE SOUTHEAST ONE - QUARTER OF SAID SECTION 23; THENCE N00 °02'18 "E, 1121.93 FEET TO THE SOUTHWEST CORNER OF LOT 13, LAKESIDE ADDITION TO IOWA CITY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF RECORDED IN PLAT BOOK 9 AT PAGE 99 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE S89 157'18 "E, ALONG THE SOUTHERLY LINE OF SAID LAKESIDE ADDITION TO IOWA CITY, IOWA, 1175.00 FEET TO THE NORTHWEST CORNER OF LOT 174, WHISPERING MEADOWS SUBDIVISION, PART TWO, TO IOWA CITY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK 34 AT PAGE 99 IN SAID RECORDER'S RECORDS; THENCE S00 002'42 "W, ALONG A WESTERLY 4 Ordinance No. 07 -4274 Page 2 LINE OF SAID WHISPERING MEADOWS SUBDIVISION, PART TWO, 127.00 FEET; THENCE N89 057'18 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 12.29 FEET; THENCE S00 002'42 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 203.50 FEET TO THE SOUTHWEST CORNER OF LOT 167 OF SAID SUBDIVISION; THENCE S89 057'18 "E, ALONG THE SOUTHERLY LINES OF SAID LOT 167 AND LOTS 166, 165, 164, 163, 162 AND PART OF LOT 161, A DISTANCE OF 298.23 FEET TO THE NORTHWEST CORNER OF LOT 154 OF SAID SUBDIVISION; THENCE S00 002'42 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 137.50 FEET; THENCE N89 057'18 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 20.00 FEET; THENCE S00 002'42 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 175.00 FEET; THENCE S05 044'59 "E, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 159.34 FEET TO THE SOUTHWEST CORNER OF LOT 150 OF SAID SUBDIVISION; THENCE S16 140'29 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 114.86 FEET; THENCE S01 138'48 "E, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 196.14 FEET TO THE SOUTHWEST CORNER OF LOT 147 OF SAID SUBDIVISION; THENCE S88 021'05 "W, 111.19 FEET TO THE POINT OF BEGINNING, CONTAINING 34.86 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the 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. ed and approved this 21stdayof August 2Q�L. W JL�-, MAYOR ATTEST CITY CLERK CO C1 Appr ad by V (' G l'i LC rw�7�7Y 4�a(d 7 City Attorney's Office 0 Ordinance No. 07 -4274 Page 3 It was moved by Vanrlprhnef and seconded by Correia that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x X x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn First Consideration 7/24/2007 Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Bailty. NAYS: None. ABSENT: Wilburn. Second Consideration --------------- - -- Vote for passage: Date published 8/29/2007 12 [Same CZA for Ord. 07— 4273 and 07— 4274 1 Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ06- 00026) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Barker Development Co. (hereinafter "Owner "), and MBHG Investment Co., Inc. (hereinafter "Applicant "); WHEREAS, Owner is the legal title holder of approximately 34.86 acres of property located west of Whispering Meadows, Part 2; and WHEREAS, the Applicant, with the Owner's participation and consent, has requested the rezoning of a portion (approximately 15.42 acres) of said property from Medium Density Single Family Residential (RS -8) to High Density Single Family Residential (RS -12) and subsequent to this rezoning, requested a rezoning of the entire 34.86 acres of land from Medium Density Single Family Residential (RS -8) and High Density Single Family Residential (RS -12) to Planned Development Overlay 8 (OPD -8) and Planned Development Overlay 12 (OPD -12), respectively; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezonings and determined that, with appropriate conditions regarding adequate secondary access and street connectivity between neighborhoods and conditions addressing approval of wetland mitigation, monitoring, and long term maintenance of wetlands created in compensation for wetlands disturbed during development of the property, the proposed zoning is in conformance with the Comprehensive Plan and should be approved with said conditions; 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 directly caused by the requested change; and WHEREAS, the Owner and Applicant acknowledge and agree that certain conditions and restrictions are reasonable and necessary to ensure the development of the property is consistent with the Comprehensive Plan, to provide for safe and adequate traffic circulation between neighborhoods, to ensure that streets are not overburdened with traffic, and to provide for efficient provision of public and emergency services; and WHEREAS, the Owner and Applicant acknowledge and agree that the increased development potential that will result due to the requested up- zoning of the subject property along with the proposed disturbance of a significant portion of the sensitive features will make it necessary to construct off -site improvements, namely the extension of Whispering Meadows Drive, a collector street, across the abutting public property (Sycamore Greenway) to provide necessary secondary access to relieve traffic congestion on Lakeside Drive, a collector street, which would otherwise be overburdened with traffic generated by the proposed development; and WHEREAS, the City acknowledges the importance of providing affordable housing and in response to good faith efforts on the part of the Owner and Applicant to provide affordable housing, the City finds it reasonable to reimburse the developer for half the cost of constructing the aforementioned street connection across the Sycamore Greenway; and ppdadmlagarez06M02625 whispering mead 4 combined oza(2) 1 4 WHEREAS, the Owner and Applicant acknowledge and agree that certain conditions and restrictions are reasonable and necessary to protect, mitigate, monitor, and maintain wetland areas during and after development of the subject property; and WHEREAS, to satisfy public needs directly caused by the requested rezonings, the Owner and Applicant agree to develop the subject 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: Barker Development Co. is the legal title holder of the property legally described as follows: A PORTION OF THE SOUTHEAST ONE - QUARTER OF SECTION 23 AND A PORTION OF THE SOUTHWEST ONE - QUARTER OF SECTION 24, ALL IN TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS: AUDITOR'S PARCEL 2003100 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 23, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" P. M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE S89 133'59 "W, ALONG THE SOUTH LINE OF THE SOUTHEAST ONE - QUARTER OF SAID SECTION 23, A DISTANCE OF 1318.71 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST ONE - QUARTER OF THE SOUTHEAST ONE - QUARTER OF SAID SECTION 23; THENCE N00 002'18 "E, 1121.93 FEET TO THE SOUTHWEST CORNER OF LOT 13, LAKESIDE ADDITION TO IOWA CITY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF RECORDED IN PLAT BOOK 9 AT PAGE 99 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE S89e57'18 "E, ALONG THE SOUTHERLY LINE OF SAID LAKESIDE ADDITION TO IOWA CITY, IOWA, 1175.00 FEET TO THE NORTHWEST CORNER OF LOT 174, WHISPERING MEADOWS SUBDIVISION, PART TWO, TO IOWA CITY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK 34 AT PAGE 99 IN SAID RECORDER'S RECORDS; THENCE S00 102'42 "W, ALONG A WESTERLY LINE OF SAID WHISPERING MEADOWS SUBDIVISION, PART TWO, 127.00 FEET; THENCE N89e57'18 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 12.29 FEET; THENCE S00 002'42 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 203.50 FEET TO THE SOUTHWEST CORNER OF LOT 167 OF SAID SUBDIVISION; THENCE S89 057'18 "E, ALONG THE SOUTHERLY LINES OF SAID LOT 167 AND LOTS 166, 165, 164, 163, 162 AND PART OF LOT 161, A DISTANCE OF 298.23 FEET TO THE NORTHWEST CORNER OF LOT 154 OF SAID SUBDIVISION; THENCE S00002'42 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 137.50 FEET; THENCE N89 057'18 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 20.00 FEET; THENCE S00002'42 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 175.00 FEET; THENCE S05e44'59 "E, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 15934 FEET TO THE SOUTHWEST CORNER OF LOT 150 OF SAID SUBDIVISION; THENCE S16e40'29 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 114.86 FEET; THENCE S01e38'48 "E, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 196.14 FEET TO THE SOUTHWEST CORNER OF LOT 147 OF SAID SUBDIVISION; THENCE S88e21'05 "W, 111.19 FEET TO THE POINT OF BEGINNING, CONTAINING 34.86 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owner and Applicant acknowledge and agree that the City wishes to ensure conformance to the principles of the Comprehensive Plan, provide for safe and adequate traffic circulation between neighborhoods, protect sensitive environmental features within the City, and provide opportunities for affordable housing. Further, the parties acknowledge and agree that Iowa Code §414.5 (2007) provides that the City of Iowa ppdadm1agVrez0&M2625 whispering mead 4 combined cza (2) 2 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 zoning change. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning and subdivision ordinances, as well as the following additional conditions: a) The Owner and /or Applicant will be responsible for extending Whispering Meadows Drive to the western edge of the Sycamore Greenway in an alignment determined by the City Engineer; and b) The Owner and /or Applicant will be responsible for extending Blazing Star Drive across City -owned property as illustrated on the plat in an alignment approved by the City Engineer; and c) The City will reimburse the applicant for one -half of the reasonable cost of construction of the portion of Whispering Meadows Drive that crosses the Sycamore Greenway and Owner /Applicant shall document said cost prior to reimbursement; and d) The City shall reimburse the applicant for the reasonable cost of the excess pavement required to meet collector street standards over that required for a 28 -foot wide local street for the entire length of the extension of Whispering Meadows Drive through the subject development and to the western edge of the Sycamore Greenway and Owner /Applicant shall document said cost prior to reimbursement; and e) The City shall reimburse the Owner and /or Applicant its share of the costs outlined in (c) and (d) above within thirty (30) days of the City's acceptance of the constructed Whispering Meadows Drive as a public improvement, provided the owner /applicant has provided documentation of said cost; and f) The Owner and /or Applicant will make a good faith effort to provide housing within the subject development that is affordable to residents with incomes at or below the Iowa City area median income and specifically use best efforts to encourage non- profit groups in the business of providing affordable housing to consider Whispering Meadows Part IV as a possible location for their projects. The Owner and /or Applicant will not discriminate against such groups and will act in a reasonable manner when presented with affordable housing projects in this development; and g) The City will provide for temporary construction easements on city property to allow for the construction of Whispering Meadows Drive across the Sycamore Greenway and for the extension of Blazing Star Drive across City owned property as illustrated on the plat. Upon concurrence by the City Attorney's Office, the Director of Public Works is hereby authorized to execute those agreements on behalf of the City; and h) The wetland mitigation plan must be approved by the Army Corps of Engineers and all other applicable State and Federal agencies prior to any development activity on the subject property; and ppdadm 1agUfez06-0W2625 whispering mead 4 combined ¢a (2) 3 3$ i) Copies of all site visit reports and annual monitoring reports submitted to the Army Corps of Engineers will be sent concurrently to the City; and j) The wetland mitigation site will be monitored by a wetland specialist for a period of not less than 5 years and continuing until 85% of the lots abutting the wetlands are developed and the other 15% of the lots abutting the wetlands are stabilized from erosion. Written reports by the wetland specialist shall be submitted to the City after every site visit and at least 3 site visits and reports shall occur per construction season, which for purposes of this agreement is defined as March 1 to October 31. The Owner and /or Applicant shall promptly repair any noted damage to the wetlands during the monitoring period; and k) Prior to final platting any portion of the subject property, the Owner /Applicant shall submit a maintenance plan prepared by a wetland specialist and approved by the City that estimates maintenance costs for the wetland areas and private open space within Outlots A and B, specifically details long term maintenance responsibilities, and describes generally to whom these responsibilities will be assigned; and 4. The Owner, the Applicant, and the City acknowledge and agree that the conditions contained herein are reasonable and necessary additional conditions to impose on the land under Iowa Code §414.5 (2007), and that said additional conditions are imposed to satisfy public needs that are directly caused by the requested zoning change. 5. The Owner, the Applicant, and the City acknowledge and agree that in the. event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform to the terms of this Conditional Zoning Agreement. 6. The parties acknowledge and agree that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowledge and agree 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 acknowledge and agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this a'i day of 20 07 . CI WA ITY BARKER DEVELOPMENT COMPANY �w Ross Wilburn, Mayor By: Ujerk eArkc, Attest: ppdadm1aBVre"-0002625 w isp nng mead 4 combined c (2) 4 MBHG INVESTMENT COMPANY. INC. In � -�e &I,o Mahan K. Karr, City Clerk By: 4ae, Gord'un Ap ov d ity Attor ey's 16 1 y- 37 CCORPORATE SEAL CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 5/ ^ On this zA/ day of AuG(.uS`i' A.D. 20 g_Z , before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilburn 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. o 4Wk !s SONDRAE FORT Cammisslon Number Pj . Sp-n&L� � 6 My Commission Expires ow 3 Notary Public in and for the State of Iowa My commission expires: 31-7/4 &0% CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this aY day of �µ I y A.D. 20 0'7 bggfo((e me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared J`J X f- ZZ, and N W to me personally known, who, being by me duly sworn, did say that they are the Akeeioto4 and FU , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed they to is the seal of said) said corporation by authority of its Board of Directors; and that the said �icirvrj and (U& as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. y Notary Public in and for said County and State My commission expires: 0171 /a /ob DO SBlitlx3 u iss wwo� AW 1(1681[ iagwnN uoissiw 103 o ONY81S 80 ON YHS8 m,s+ ppdadm/agVrez060002625whispenng mead 4 combined me (2) 5 %� LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 99" day of Ti ny , A.D. 20 o7 ' before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared 5f�u i 60 Ac 'r , to me personally known, who being by me duly sworn, did say that the person is ^' ,fie" (title) of e q A G , ,n u +s f +.+ow+ G,, po . 2„ and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said %l7emftat acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. Notary Public in and for the State of Iowa My commission expires: 0911"lay �A/ tir"' s SN NNON 08 STRAN0 i Commission Numbel 718404 My Corn mr o ypire$ yb� pptlatlm 1agVrez06-0662625 whispering mead 4combinetl = (2) 6 A zC IIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 02020003 TVOe: GEN Recorded: 08/28/20962507 at 11:03:49 AM Fee Amt: $0.00 Pace 1 of 3 Johnson County Iowa Kim Painter Countv Recorder BK4210 PG220 -222 STATE OF IOWA ) ) SS JOHNSON COUNTY ) 11 41P ;tltbt + 1,l CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX wwwAgov.org I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No.07 -4275 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2151 day of August, 2007, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 23`d day of August, 2007. Marian Karr City Clerk \ord CORPORATE SEAL ,"I `o Prepared by: Adam Ralston, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 ORDINANCE NO. 07 -4275 AN ORDINANCE REZONING APPROXIMATELY 2.35 ACRES OF PROPERTY LOCATED AT 802 S. CLINTON STREET FROM INTENSIVE COMMERCIAL (CI -1) ZONE TO NEIGHBORHOOD PUBLIC (P -1) ZONE. (REZ07- 00009) WHEREAS, the applicant, Johnson County, has requested a rezoning of property located at 802 South Clinton Street from Intensive Commercial (CI -1) to Neighborhood Public (P -1); and WHEREAS, the Iowa City Zoning Code requires that all publicly owned land be zoned public; and WHEREAS, the applicant's proposed use of said property for office space is compatible with surrounding land uses; 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 Intensive Commercial (CI -1) to Neighborhood Public (P -1) is hereby approved: The city block lying adjacent to and east of South Clinton Street, adjacent to and west of South Dubuque Street, and adjacent to and north of Benton Street, more particularly described as: Block 27, plat of an Addition of lots to Iowa City, as laid off as the County Seat of Johnson County, laid off by F.H. Lee, County Agent, June 20, 1842, according to the plat thereof recorded in Book 1 & 2, Page 301, Deed Records of Johnson County, Iowa, including all of Lots 1 through 8 of said block 27 and the Vacated Alley described in Book 4059, Page 585 of the Records of the Johnson County Recorder. 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 III. 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 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. P s andapprovedthis 21stdayof August 20 07 MAYOR �jq Ordinance No. 07 -4275 Page 2 It was moved by Bailey and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion Correia _ x Elliott x O'Donnell x Vanderhoef x . Wilburn First Consideration 7/10/2007 Vote for passage: AYES: Bailey, Champion, Elliott, NAYS: None. ABSENT: None. ABSTAIN: Correia Second Consideration 7/24/2007 Vote for passage: AYES: Bailey, Champion, Elliott, None. ABSENT: Wilburn. ABSTAIN: Correia. Date published 8/29/2007 ABSTAIN: x O'Donnell, Vanderhoef, Wilburn. O'Donnell, Vanderhoef. NAYS: /0 Vee 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org August 24, 2007 Kim Painter Johnson County Recorder 913 S. Dubuque St. Iowa City, IA 52240 To Whom It May Concern: On August 21, 2007 the Iowa City, City Council passed Resolution No. 07 -246 approving a voluntary annexation of approximately 15.89 acres of land located north of Lower West Branch Road, Brentwood Drive, and Broadmoor Lane in Iowa City. Note that approximately 14 acres of this total are privately owned by Rellim Farms, L.L.C. and 1.89 acres is owned by the City of Iowa City for use as public street right -of -way and park land. Pursuant to Section 368.7 Code of Iowa, I am forwarding the following documents pertaining to the annexation: • Location map and plat maps of the area to be annexed; • Legal description of the area to be annexed; • Copy of the Resolution No. 07 -246 regarding Iowa City's approval of the annexation. Sincerely, Marian K. Karr, MMC City Clerk City of Iowa City u1 Be Prepared by: Karen Howard, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5251 RESOLUTION NO. 07 -246 A RESOLUTION FOR A VOLUNTARY ANNEXATION OF 14 ACRES OF LAND OWNED BY RELLIM FARMS, L.L.C. AND 1.89 ACRES OF LAND OWNED BY THE CITY OF IOWA CITY LOCATED NORTH OF LOWER WEST BRANCH ROAD, BRENTWOOD DRIVE, AND BROADMOOR LANE. WHEREAS, Rellim Farms, L.L.C. (hereinafter "Owner ") is the owner and legal titleholder of approximately 14 acres of land located north of Lower West Branch Road, Brentwood Drive, and Broadmoor Lane; and WHEREAS, the City of Iowa City is the owner and legal titleholder of approximately 1.89 acres of land located north of Lower West Branch Road, Brentwood Drive, and Broadmoor Lane, which is surrounded on three sides by Owner's 14 acre parcel; and WHEREAS, the Owner has requested annexation of the approximate 14 acre tract into the City of Iowa City, Iowa; and WHEREAS, it is in the public interest to annex the adjacent City -owned parcel in conjunction with the requested annexation; and WHEREAS, the property is within the Long Range Planning Boundary of the City of Iowa City; and WHEREAS, pursuant to Iowa Code 368.5 and 368.7 (2007), notice of the application for annexation was sent by certified mail to the Johnson County Board of Supervisors, Johnson County departments of Attorney, Auditor, Engineer, Planning and Zoning, each affected public utility, Scott Township, the Johnson County Council of Governments, and the East Central Iowa Council of Governments; and WHEREAS,'none of these entities have objected to the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following described land should be voluntarily annexed to the City of Iowa City, Iowa: LEGAL DESCRIPTION OF PRIVATE PROPERTY TO BE ANNEXED: A part of the Southwest 1/4 of the Northeast 1/4 of Section 7, Township 79 North, Range 5 West of the 5th P.M., and being more particularly described as follows. Commencing at the Center of Section 7, Township 79 North, Range 5 West; thence N 00 °20'48" W along the West line of the Northeast 1/4 of said Section 7, a distance of 33.00 feet to a point on the present North 33 foot right of way line for Lower West Branch Road SE and the point of beginning; thence continuing N 00 °20'48" W along said West line, a distance of 1276.72 feet to the Northwest corner of the Southwest 1/4 of the Northeast 1/4 of said Section 7; thence N 89 °50'44" E along the North line of the South 1/2 of the Northeast 1/4 of said Section 7, a distance of 532.19 feet; thence S 00 °01'04" W, a distance of 1278.29 feet to a point on said present North 33 foot right of way line; thence N 89 °58'56" W along said present North 33 foot right of way line, a distance of 54.48 feet; thence Northwesterly 37.70 feet along the arc of a 24.00 foot radius curve, concave Northeasterly, whose 33.94 foot chord bears N 44 °59'19" W; thence N 00 °01'04" E, a distance of 180.02 feet; thence N 89 °58'56" W, a distance of 317.00 feet; thence S 00 °01'04' W, a distance of 180.02 feet; thence Southwesterly 37.70 feet along the arc of a 24.00 foot radius curve, concave Northwesterly, whose 33.94 foot Resolution No 07 -245 Page 2 chord bears S 45 °01'04" W to a point on said present North 33 foot right of way line; thence N89 058'56 "W along said present North 33 foot right of way line, a distance of 104.60 feet to the point of beginning containing 14.00 acres more or less. LEGAL DESCRIPTION OF PUBLIC PROPERTY TO BE ANNEXED: Auditors Parcel 2007075 is that part of the Northeast Quarter of Section 7, Township 79 North, Range 5 West of the 5th P.M., Johnson County, Iowa, described as follows: Commencing at the Center of said Section 7; thence North 89° 38' 15" East 182.38 feet along the South line of the Northeast Quarter of said Section 7 to the point of beginning; thence North 00° 21' 45" West 167.02 feet to the beginning of a 16.00 foot radius curve concave Southeasterly; thence Northeasterly through a central angle of 90° 00' 00" an arc distance of 25.13 feet (chord bearing North 440 38' 15" East 22.63 feet); thence North 89° 38' 15" East 177.00 feet to the beginning of a 16.00 foot radius curve concave Southwesterly; thence Southeasterly through a central angle of 90° 00' 00" an arc distance of 25.13 feet (chord bearing South 450 21' 45" East 22.63 feet); thence South 00° 21' 45" East 167.02 feet to the South line of the Northeast Quarter of said Section 7; thence South 89° 38' 15 West 209.00 feet to the point of beginning, containing 38,140 square feet or 0.88 acres. For the purpose of this description, the South line of the Northeast Quarter of said Section 7 is assumed to bear North 890 38' 15" East. UN-91 That part of the Northeast Quarter of Section 7, Township 79 North, Range 5 West of the 5th P.M., Johnson County, Iowa, described as follows: Beginning at the Center of said Section 7; thence North 00° 43' 42" West 33.00 feet along the West line of the Northeast Quarter of said Section 7; thence North 89° 38' 15" East 104.59 feet to the beginning of a 24.00 foot radius curve concave Northwesterly; thence Northeasterly through a central angle of 90° 00' 00" an arc distance of 37.70 feet (chord bearing North 44° 38' 15" East 33.94 feet); thence North 00° 21' 45" West 180.02 feet; thence North 89° 38' 15" East 317.00 feet; thence South 00° 21' 45" West 180.02 feet to the beginning of a 24.00 foot radius curve concave Northeasterly; thence Southeasterly through a central angle of 900 00' 00" an arc distance of 37.70 feet (chord bearing South 450 21' 45" East 33.94 feet); thence North 89° 38' 15" East 50.56 feet; thence South 00° 21' 45" East 33.00 feet to the South line of the Northeast Quarter of said Section 7; thence South 89° 38' 15" West 128.56 feet along said South line; thence North 00° 21' 45" West 167.02 feet to the beginning of a 16.00 foot radius curve concave Southwesterly; thence Northeasterly through a central angle of 900 00' 00" an arc distance of 25.13 feet (chord bearing North 45° 21' 45" West 22.63 feet); thence South 890 38' 15" West 177.00 feet to the beginning of a 16.00 foot radius curve concave Southeasterly; thence Southwesterly through a central angle of 900 00' 00" an arc distance of 25.13 feet (chord bearing South 440 38' 15" West 22.63 feet); thence South 000 21' 45" East 167.02 feet to the South line of the Northeast Quarter of said Section 7; thence South 89° 38' 15" West 182.38 feet along said South line to the point of beginning, containing 43,941 square feet or 1.01 acres. For the purpose of this description, the South line of the Northeast Quarter of said Section 7 is assumed to bear North 89° 38' 15" East. The City Clerk is hereby authorized and directed to certify, file, and record all necessary documents as required by Iowa law under Section 368.7 (2007) at Owner's expense. 1:91 Resolution No. oil Page 3 3. Further, the City Clerk is hereby authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer, said population being zero. Passed and approved this 77 st day of August 2007. MAYOR ATTEST: k-2AJ CIT LERK Approved by City Attorney's Office 9-/7 v7 Lp HFC HAWl' - FREDERICK CONSULTANTS P.C. REZONING EXHIBIT HENRIETTA B. MILLER PROPERTY -- SOUTHWEST 1/4- NORTHEAST 1/4 -- —4--- "T' -' -- NORM 1/1 COFNEft I I SECTION PHU WA M7Pe79 5 1 Ielo srD BRASS CAP 7 -79 -5 PLUSH W R o; MP JOHNSON COUNTY. IOWA NORTH UNesolrtH 112 NORTHEAST 114 169.5044 %I3II Sb' _____________ NORfHWESf CORNER 531.17 ]81.61' W -SOUTRAST .NGRTHE11- 1105 /9'RO W /CAP II45T5 UP nfs PB, M. M. asD HEHRIE rA B. MILLER PROPERTY 14.00ACREa DESCNPDON: AputM Ne SbuH, t1 /4 Mahe NMM lI /4d GaUan 7•T_WP 79l h• Range 5 Wee1 dOx SIh PN..eM Eel,tq move puJ .v d'aa a66 o$ O� g�& Q/ °nK � Hip 1M. PART 20B F i s a a b 510 TM N89'S0'4i'E ISl] 88' 4 g R - flfESEHT SS' WME I EAST 114 CORNER SEMO4"IS STBRANCH PNO CONC M.S. ON W/ _.__- ,,._.._..._._... ._. l /T RR b'D 56'W 5616.SblM ._ —•_ •• —•-_• . • .••� • . -•__ MPS M. 47. M, 217 HUFJ OLTAAIiGL I CHOW I TAN i RAO ARC LT C]I LT CI 9'W]I NN 'S'11'W aS4i.W W ST .T SS 14 CS I 69 1 Ei S•OIV W nn o1 mwecm - TEMIVRARYCONSIEVCIION GSENEM I hereby certify that this lend surveying document was prepared REZONING EXHIBIT and the related surrey work was performed 71 y l or under my direct pereoaet supervision end that 1 em a duly licensed L�.... „� �-``�4'' HENRIETpA B. MILLER PROPERTY Professional Lend Surveyor under the laws of the Slate of Iowa. Vr ,• JRJ7TER SOUTHWEST 1 /4- NORTHEAST 1/4 •`. 16548 SECTION 7 -79 -5 JOHNSON COUNTY, IOWA J. Scott Ritter, LLS. Date Iowa license Number: 18548 •' DATE: 507 DRN. ApF '• JSR My license renewal dale is December 31, 2008. __ fLD.BK. 101 PRW.N0. 077033 Pages covered by this seal: THIS SHEET ONLY LEO P BONIFA21 13480 LOWER I HEREBY CERTIFY MAT MIS LAND SURVEYING DOCUMENT WAS PREPARED AND ME RELATED SUR\£Y WORK WAS PERTORMEO BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICE 1 D LAND SUM£YOR Ut{tIER ME LAPIS OF ME STATE OF IOW V / ' LEO P. b,06WAZI LICENSE N0. t3480 SHEETS C01£REO BY THIS SEA �roFa•E/ r�•OF•� MY LICENSE RENEWAL DATE 15 DECEMBER 31. 2007 0 50 100 - 200 SCALE IN FEET I NE 1/4 VIEST LINE OF NE t/4 SEC. 7 -79 -5 r HENRIETTA B. MILLER CU D A CURVE DATA I A =9oro0.00 A = 90'0000 R= 16.00' R= 16.00' L =25.13' f _ - -.- - _ L= 25.13' - I CH= 22.63' I CH= 22.63' N 44'38'15" EI NB9'38'I5'E 177:00' S 45'21'45' E STREET ACQUISITIOf� EXISTING . N89'38'15 "EII82_38' POINT OF BEGINNING 509'38 15 W 209.00 EAST 1/4 CORNER SEC 7 -79 -5 _ \ _ - -- I ! / _ _ END. 1/2" I AR CENTER SEC 7 -79 -5 ! 1 FlJO 1/2" REBARI ° I I o I I I POINT OF COMI'IF 4�EVENT oI I OUTLOTA I I 1 1 I I oaI I I VMNDSOR RIDGE a J I WEST LINE kOI SG 1/4 wI mI I PART TWENTY B I m 1 1 LEGEND PROPERTY LINE - - - - - -- - ADJOINING LOT LINE -- ----- - - - - -- EASEMENT LINE 0 FOUND 5/8' REBAR UNLESS OTHERWISE NOTED ® SET 5/8" IRON REBAR W /ORANGE CAP NO. 13480 K SET Y IN CONCRETE UNLESS OTHER`vWSE NOTED EEDEDICATED AREA 38,140 SQ. FEET OWNER: HENRIETTA. B. MILLER REQUESTED BY: CITY OF IOWA, CITY AUDITORS PARCEL 2007075 JOHNSON COUNTY, IA LOWER WEST BRANCH ROAD -PARK EXMBrr B PARCEL 114 PARCEL #1412 OF 2 SCHNOOR.BONIFAZI ENGINEERING & SURN"11G, LC 32011TH AVENUE SE, STE. 121 CEOAA RAPIDS, IA 52401 (319) 298-8888 (PROVE) (319) 294 M (FAX) s V"k*e�N'wm Kt ANOrSG2,, PI HEREBY THAT MIS 'l' REPARED CE PREPARED RELATED SURVEY WORKIWAS DOCUMENT WAS PERFORMED N BY ME OR UNDER AIY DIRECT PERSONAL SUPERH9011 A40 THAT i • .+ •'9L�� I AM n DULY LICENSED LAUD SURVEYOR U OE LAWS ME WS OF f , LEO tO� THE STATE OF 10 # BONIfAZI •m 13480 slcnaTU�1`- •onTE: .ate •O F LEO P. BOWFAZI ` 4'Oi,T} "'.•...•••'• SCE LICENSE 140. 13460 SHEETS COVERED BY THIS SE M�T,Mpll�l,"41Y\ MY LICENSE RENEWAL DATE IS DECEMBER 31, 2007 0 50 100 200 Ql 1 SCALE IN FEET N I/4 CORNER SEC 7 -79 -5 R10 BRASS DISK I i I NEST LINE Of NE I/4 NE 1/4 SEC. 7 -79 -5 HENRIETTA 8, MILLER FUTURE STA: 133 +06.46 LOT LINE I STA: 129 +89.46 OFFSET; 237.01 L I N 89'38'15" E 317.00' cs S 89'38'15' W 177,00' , a N' STA: 1129 +89.46 OFFSET: 57.00 L EXISTING e No 33.00' z R.O.W. `d STA: 132+52.46 a °' N 00'43'42" W a OFFSET: 0 E C , R 89'38'15] E 33.00' N 89'3895" E s SV STAP -1. 3443.. 04 C ' °o OFFSET: LOWEfi Ln z WEST BRANCH %, ! ,' '� �,' ' S 89'J8'15' W A 2096.51' ROAD S 89' 38' 15' W 182.38' I 209.00; 1 S 8913815 W, �V- EAST 1/4 128.56' CORNER --- __ -_ -- \ I STA 133 +06.46'N 00'21'4�"'E- -- SEC 7 -79 5 CENTER -� �I OFFSET. 57.00 L 33.00 (- THE. 1/21 SEC 7 -79 -5 REBAR I FNO 1/2" REBAR' 1 l o m I POINT OF BECII1Q13 001 I OUTLOT A o z l I YANDSOR RIDGE I o PART TWENTY 6 I m WEST LINE S: 1/4 m I _ I 1 CURVE TABLE DELTA RADIUS LENGTH CD BEARING CD -DIST C 1 90'90'00" 24.00' 37.70' N44'38'15'E 33.94' C 2 90'00'00" 24.00' 37.70' S45'21'45 "E 33.94' C 3 9pgp'pp" 16.00' 25.13' N45'21'45 °W 22.63' C 4 90'00'00" - 16.00' 25.13' S44'38'15 "W 22.63' LEGEND PROPERTY LINE — — — — - ADJaNING LOT UNE - - - - - - - - - - - - - EASEMENT LINE 0 FOUND 5/8' REBAR UNLESS OTHERVASE NOTED ® SET 5/8' IRON REBAR W /ORANGE CAP NO. 13480 K SET "X' IN CONCRETE UNLESS OTHERIAISE NOTED RED AREA ACQUIRED E CQUI SQ. FEET OYMER: HENRIETTA B. MILLER AC QUISITION PLAT REQUESTED BY: CITY OF IOWA, CITY PARCEL #14 2 OF 2 LOWER WEST BRANCH ROAD - RIGHT -OF -WAY S W100R BONIFPZ JOHNSON COUNTY IA 320111FNNGASVRE, STIG, LC 320 11111 sE,sTe.m LOWER WEST BRANCH ROAD RECONSTRUCTION MAR PAPfDB,W 52401 ( IT T 9)29Sd8889(FAX)) l9) 2988889 (F0.17 FROM SCOTT BOULEVARD TO TAFT AVENUE " m EXHBR C PARCEL 414 ANN07 -00002 / REZ07 -00010 - Rellim Farms, L.L.C. / St. Patrick's Church LEGAL DESCRIPTION OF PRIVATE PROPERTY TO BE ANNEXED: A part of the Southwest 1/4 of the Northeast 1/4 of Section 7, Township 79 North, Range 5 West of the 5th P.M., and being more particularly described as follows. Commencing at the Center of Section 7, Township 79 North, Range 5 West; thence N 00 °20'48" W along the West line of the Northeast 1/4 of said Section 7, a distance of 33.00 feet to a point on the present North 33 foot right of way line for Lower West Branch Road SE and the point of beginning; thence continuing N 00 °20'48" W along said West line, a distance of 1276.72 feet to the Northwest corner of the Southwest 1/4 of the Northeast 1/4 of said Section 7; thence N 89 °50'44" E along the North line of the South 1/2 of the Northeast 1/4 of said Section 7, a distance of 532.19 feet; thence S 00 °01'04" W, a distance of 1278.29 feet to a point on said present North 33 foot right of way line; thence N 89 °58'56" W along said present North 33 foot right of way line, a distance of 54.48 feet; thence Northwesterly 37.70 feet along the arc of a 24.00 foot radius curve, concave Northeasterly, whose 33.94 foot chord bears N 44 °59'19" W; thence N 00 °01'04" E, a distance of 180.02 feet; thence N 89 °58'56" W, a distance of 317.00 feet; thence S 00'01'04'W, a distance of 180.02 feet; thence Southwesterly 37.70 feet along the are of a 24.00 foot radius curve, concave Northwesterly, whose 33.94 foot chord bears S 45 °01'04" W to a point on said present North 33 foot right of way line; thence N89 °58'56 "W along said present North 33 foot right of way line, a distance of 104.60 feet to the point of beginning containing 14.00 acres more or less. LEGAL DESCRIPTION OF PUBLIC PROPERTY TO BE ANNEXED: Auditors Parcel 2007075 is that part of the Northeast Quarter of Section 7, Township 79 North, Range 5 West of the 5th P.M., Johnson County, Iowa, described as follows: Commencing at the Center of said Section 7; thence North 89° 38' 15" East 182.38 feet along the South line of the Northeast Quarter of said Section 7 to the point of beginning; thence North 00° 21' 45" West 167.02 feet to the beginning of a 16.00 foot radius curve concave Southeasterly; thence Northeasterly through a central angle of 90° 00' 00" an arc distance of 25.13 feet (chord bearing North 44° 38' 15" East 22.63 feet); thence North 89° 38' 15" East 177.00 feet to the beginning of a 16.00 foot radius curve concave Southwesterly; thence Southeasterly through a central angle of 90° 00' 00" an are distance of 25.13 feet (chord bearing South 45° 21' 45" East 22.63 feet); thence South 00° 21' 45" East 167.02 feet to the South line of the Northeast Quarter of said Section 7; thence South 89° 38' 15" West 209.00 feet to the point of beginning, containing 38,140 square feet or 0.88 acres. 1 For the purpose of this description, the South line of the Northeast Quarter of said Section 7 is assumed to bear North 89° 38' 15" East. a11m That part of the Northeast Quarter of Section 7, Township 79 North, Range 5 West of the 5th P.M., Johnson County, Iowa, described as follows: Beginning at the Center of said Section 7; thence North 00° 43' 42" West 33.00 feet along the West line of the Northeast Quarter of said Section 7; thence North 890 38' 15" East 104.59 feet to the beginning of a 24.00 foot radius curve concave Northwesterly; thence Northeasterly through a central angle of 90° 00' 00" an are distance of 37.70 feet (chord bearing North 44° 38' 15" East 33.94 feet); thence North 00° 21'45" West 180.02 feet; thence North 890 38' 15" East 317.00 feet; thence South 00° 21' 45" West 180.02 feet to the beginning of a 24.00 foot radius curve concave Northeasterly; thence Southeasterly through a central angle of 90° 00' 00 an arc distance of 37.70 feet (chord bearing South 45° 21' 45" East 33.94 feet); thence North 89° 38' 15" East 50.56 feet; thence South 00° 21' 45" East 33.00 feet to the South line of the Northeast Quarter of said Section 7; thence South 89° 38' 15" West 128.56 feet along said South line; thence North 00° 21' 45" West 167.02 feet to the beginning of a 16.00 foot radius curve concave Southwesterly; thence Northeasterly through a central angle of 90° 00' 00" an arc distance of 25.13 feet (chord bearing North 45° 21'45" West 22.63 feet); thence South 89° 38' 15" West 177.00 feet to the beginning of a 16.00 foot radius curve concave Southeasterly; thence Southwesterly through a central angle of 90° 00' 00" an arc distance of 25.13 feet (chord bearing South 44° 38' 15" West 22.63 feet); thence South 000 21' 45" East 167.02 feet to the South line of the Northeast Quarter of said Section 7; thence South 89° 38' 15" West 182.38 feet along said South line to the point of beginning, containing 43,941 square feet or 1.01 acres. For the purpose of this description, the South line of the Northeast Quarter of said Section 7 is assumed to bear North 89° 38' 15" East. 40 (Page 1 of 8) (IIIIII�II�IIIII�I IIII'llu II�IIIIII�IA IIIII�I�IIAI'��IIIIIIItl IIII Doe ID: 020972420008 TVDe: GEN Recorded: 09/07/2007 at 02:03:54 PM Fee Amt: $0.00 Pace 1 of 8 Johnson Countv Iowa Kim Painter County Recorder eK4214 PG379.386 Drafted by Andrew B_ Chappell, Assistant County Attorney, 417 S. Clinton St., Iowa City, IA 52240.319.339.6100 NO Fee 28E Agreement between Johnson County, Iowa, and the City of Iowa City for the Provision of Commercial and Industrial Electrical Inspections WHEREAS, both the City of Iowa City ( "the City') and Johnson County ( "the County ") are public agencies as defined by Section 28E.2 of the Code of Iowa (2007); and WHEREAS, the County desires to obtain the services of a Building Inspector for purposes of conducting commercial and industrial electrical inspections pursuant to the Johnson County Building Code; and WHEREAS, the City has personnel qualified to engage in commercial and industrial electrical inspections pursuant to the Johnson County Building Code, the electrical portion of which is substantially similar to the Iowa City Electrical Code; and WHEREAS, the City is willing to make said personnel available to the County for purposes of commercial and industrial electrical inspections pursuant to the Johnson County Building Code. NOW, THEREFORE, it is agreed that the City and the County enter into an agreement pursuant to Chapter 28E of the Code of Iowa (2007) providing for cooperative action relative to commercial and industrial electrical inspections and said cooperative actions include the following: I. PURPOSE AND SCOPE: The purpose of this agreement is to define and assign specific responsibilities and outline costs for the provision of commercial and industrial electrical inspections by the City to the County. 2. CONSIDERATION: The mutual consideration herein is the provision of specified services by the City in exchange for the reimbursement provided by the County. No separate legal entity is created by this Agreement. The Johnson County Board of Supervisors shall administer the County's duties and responsibilities herein and the City Council of Iowa City shall administer the City's duties and responsibilities herein. 3. SERVICES PROVIDED: The City shall provide inspection and plan review services, as needed, to the County for commercial and industrial electrical inspections. Services shall also include cooperation with enforcement measures and appeals to the applicable Board of Appeals, all pursuant to the provisions of the Johnson County Building Code. For the purposes of this Agreement, commercial and industrial electrical inspections shall include electrical inspections of all structures regulated by the International Building Code, except those structures designated with R occupancies. A` (Page 2 of 8) 4. COMPENSATION: As compensation for the inspection and plan review services provided by the City, the County shall pay the City $34.09 per hour of time spent during the regular hours listed in paragraph 6, and $50.00 per hour of time spent (with a two - hour minimum) outside of the regular hours. The same hourly rates shall apply for any time deemed necessary for cooperation with enforcement and appeals. The County shall also pay the City $.48 per mile for any mileage incurred by the City in furtherance of this Agreement. The City and the County shall review, and if necessary update, these amounts yearly to ensure they represent the actual cost incurred by the City for providing the services described herein. 5. INSPECTION AREA: The inspection and plan review services described herein shall be provided for all areas of unincorporated Johnson County as well as the incorporated areas of other cities for which the County currently provides building inspection services under other 28E cooperative agreements, including the City of Hills, the City of Swisher, and the City of Shueyville. 6. INSPECTION TIMING AND HOURS: The City shall provide service to County applicants within a reasonable period of time after 24 hours notification of the need for an inspection and /or plan review. The regular hours for said services shall be 9:00 a.m. through 4:00 p.m., Monday through Friday, excluding City- recognized holidays. 7. PERMIT PROCESS: All applicants shall begin the permit process by obtaining necessary forms from the Johnson County Building Official. The County shall issue building permits upon receipt of certification from the City Building Inspector that all applicable requirements have been met. 8. LIABILITY AND THIRD -PARTY RIGHTS: Nothing herein is intended to alter the City's and /or the County's responsibility for their respective actions and those of their employees, including liability for or immunity from third -party claims. Nor is this Agreement intended to create any third -party benefits. Rather, this Agreement is intended as an efficient way to provide commercial and industrial electrical inspection services to those properties under Johnson County's jurisdiction. 9. NOTICES: Any notice by County to City is effective by ordinary mail addressed to: Housing and Inspection Services Director, 410 East Washington Street, Iowa City, IA 52240. Any notice by City to County is effective by ordinary mail addressed to: Planning and Zoning Administrator, 913 S. Dubuque Street, Iowa City, ]A 52240. 10. EFFECTIVE DATE: This Agreement shall be effective when approved and signed by both the Johnson County Board of Supervisors and the City Council of Iowa City, and filed with the Iowa Secretary of State and the Johnson County Recorder as provided in Section 28E.8 of the Code of Iowa (2007). 11. DURATION AND "TERMINATION: Once effective, this Agreement shall be in effect for one year after the date it is executed. At the end of the one -year effective period, and each subsequent one -year effective period, the agreement shall be A\ (Page 3 of 8) automatically renewed for an additional one year period unless the City or the County objects in writing to such renewal prior to the renewal date. Additionally, either party may terminate this agreement upon thirty (30) calendar days written notice of termination to the other party at the address listed for Notices above. 12. INTERPRETATION AND ENFORCEMENT: Interpretation and enforcement of the Agreement shall be in accordance with Chapter 28E of the Code of Iowa (2007) and statutes respecting the rights and responsibilities of political subdivisions. 13. DISPUTE RESOLUTION: Matters in dispute or subject to interpretation shall be first submitted to the parties for resolution prior to either party pursuing administrative or judicial remedies. In the event such matters must be submitted to the parties, they shall be submitted specifically to the Housing and Inspection Services Director, as representative for the City, and to the Planning and Zoning Administrator, as representative for the County, who will both make a good faith effort to resolve the dispute. Exec ted in duplicate each of which shall constitute an original on this , ?J()A day of t �, 2007. JOHNSON COUNTY ezol Pat Harney, Chairperson Johnson County Board of Supervisors Attest: County Auditor/Designee Jolinson County /16tdrney JOHNSON COUNTY ACKNOWLEDGEMENT STATE OF IOWA ) SEAL ) ss: JOHNSON COUNTY) On thisppp '?'Ot# day of A06057' 2007, before me, U eBFiP. -- , a Notary Public in and for the State of Iowa, personally appeared Pat Harney, Board Chairperson and —roM 5 Lcc t6CT-K _, Auditor /Designee, to me personally (mown, and, who, being by me duly sworn, did say that they are the Board Chairperson and (Page 4 of 8) Auditor /Designee, respectively, of Johnson County, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of Johnson County, and that the instrument was signed and sealed on behalf of Johnson County, by authority of its Board of Supervisors, and that Harney and TOM = ��— tx��e�� acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of Johnson County, by it voluntarily executed. W HARRYRUEBER Commission Number 130942 $ My CO Isai nE I s .9Lo Notary Pub c in and for the State of Iowa p My commission expires: I — 19 "Z0U O CITY OF IOWA CITY CORPORATE SEAL Ross Wilburn, Mayor City of Iowa City Attest: jll Gee4 , / YI -2 MA) J Approved: City Clerk/Designee City Attorney CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY) On this �, clay of 20d J, before me, a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn, Mayor 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 4 (Page 5 of 8) Resolution No. 07— ,;1 7 passed by the City Council on the 4_ l: day of 5 , 2009, and that Ross Wilburn 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. n =SO11DR C (_ - Jtmn¢: 12�rG Notary Public in and for the State o f Iowa My commission expires: i /y 1,4cc9 5 (Page 6 of 8) � r � • M, Sol% --t.M CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 3S6 -5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Marian K. Kan-, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.07 -272 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 4i1' day of September, 2007, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 6th day of September, 2007. 2&"e. A . 7C Marian K. Karr City Clerk fires CORPORATE SEAL 1 11 _ _ I - - - - - - -- - - -- -- -- tx` (Page 7 of 8) Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319- 356 -5030 RESOLUTION NO. 07 -272 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND JOHNSON COUNTY, IOWA FOR THE PROVISION OF COMMERCIAL AND INDUSTRIAL ELECTRICAL INSPECTIONS. WHEREAS, Iowa City provides electrical inspections for commercial and industrial properties WHEREAS, Iowa Code Chapter 28E (2007) permits state and local governments to make efficient use of their resources and powers in order to provide joint services; WHEREAS, the City of Iowa City and Johnson County have negotiated the terms of a 28E Agreement for the Provision of Commercial and Industrial Inspections, a copy of said Agreement is attached; and WHEREAS, it is in the interest of the City of Iowa City to enter into said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest the attached Chapter 28E Agreement between the City of Iowa City, Iowa and Johnson County, Iowa for the Provision of Commercial and Industrial Inspections in duplicate. 2. The City Clerk is directed to forward one original to Johnson County for filing with the Johnson County Recorder and to file one original with the Secretary of State as provided in Iowa Code section 28E.8 (2007). Passed and approved this 4th day of t 2007. MAYOR Approvvy City Attorney's Office ATTEST: 7 )fl 44L 7t / CITY ERK 1500aI 1, 1_ 14- 1k (Page 8 of 8) Resolution No. 07 -272 Page 2 It was moved by Bailey 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 Elliott x O'Donnell x Vanderhoef x Wilburn 0 Doc ID: 020971970006 TVDe: GEN Recorded: 09/07/2007 at 10:43:03 AM Fee Amt: $32.00 Pace 1 of 6 Johnson Countv Iowa Kim Painter Countv Recorder BK4214 PG172-177 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.07 -271 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 4`h day of September, 2007, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 5th day of September, 2007. A e. lf� Mari-an K. Karr City Clerk \res 4 1 ,sy Prep'd by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 07 -271 RESOLUTION APPROVING THE FOURTH AMENDMENT TO THE PENINSULA NEIGHBORHOOD DEVELOPMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND PENINSULA DEVELOPMENT COMPANY, L.L.C. WHEREAS, pursuant to the Peninsula Neighborhood Development Agreement as amended, the parties established deadlines for Developer's purchase of successive phases within the Peninsula Neighborhood, (i.e. Second through Sixth Addition), with failure to meet said conveyance deadlines constituting a default under the agreement; and WHEREAS, subsequent to establishing said deadlines for conveyance, the rate of sales within the Peninsula Neighborhood has been slower than anticipated; and WHEREAS, PDC has increased its marketing efforts and, given its significant investment in the Peninsula Neighborhood, remains committed to building out the Peninsula Neighborhood as envisioned by the City and PDC; and WHEREAS, as a result of the impact of these market factors, and with the desire to continue to build out the Peninsula Neighborhood, PDC has requested a twenty -four (24) month extension of the January 1, 2008 closing deadline for conveyance of the Peninsula Neighborhood Third Addition to January 1, 2010, with closing dates of all the remaining phases (four through six) to be set for closing at subsequent three (3) year intervals (per the terms of the existing second amended agreement); and WHEREAS, given PDC's increased marketing efforts, stated commitment to developing the Peninsula Neighborhood as envisioned and designed, and recent residential real estate market difficulties, it is reasonable, appropriate and in the public interest to grant PDC's requested extension of the closing deadline for conveyance of the Peninsula Neighborhood Third Addition to January 1, 2010 by amendment of the development agreement in accordance with the amendment attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is authorized to sign and the City Clerk to attest the Fourth Amendment to the Peninsula Neighborhood Development Agreement attached hereto. 2. The City Clerk is hereby directed to record said amendment upon passage of this resolution at the Developer's expense. Passed and approved this 4th day of 20 n7 - 64: , t At,_ CORMI�� � ' L MAYOR Appro d -by > ATTEST: - -- CIT LERK City Attor ey's Ice V 8 n WV Resolution No. 07_271 Page 2 It was moved by Bailey and seconded by P;a the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion X— Correia _x Elliott x O'Donnell x Vanderhoef x Wilburn q Prep'd by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 FOURTH AMENDMENT TO PENINSULA NEIGHBORHOOD DEVELOPMENT AGREEMENT This Fourth Amendment to the Peninsula Neighborhood Development Agreement is hereby made and executed by the City of Iowa City (hereinafter "City'), 410 East Washington Street, Iowa City, Iowa 52240 and Peninsula Development Company, LLC (hereinafter "PDC" and /or "Developer'), 44700 Groesbeck Highway, Clinton Township Mi 48036. The City is a municipal corporation organized under the laws of the State of Iowa. PDC is a limited liability corporation organized under the laws of the State of Michigan. WHEREAS, The City of Iowa City and Terry L. Stamper Holdings, LLC entered into the Peninsula Neighborhood Development Agreement which was recorded at Book 2986, Page 49, Records of the Recorder of Johnson County, Iowa, and the first amendment thereto, which was recorded at Book 3060, Page 735, Records of the Recorder of Johnson County, Iowa; and WHEREAS, Terry L. Stamper Holdings, LLC assigned all its rights under the Peninsula Neighborhood Development Agreement to PDC; and WHEREAS, the City and PDC entered into a second amendment to Peninsula Neighborhood Development Agreement which was recorded at Book 3686, Page 718 -732, Records of the Recorder of Johnson County, Iowa; and WHEREAS, the City and PDC entered into a third amendment to the Peninsula Neighborhood Development Agreement which was recorded at Book 3949, Page 421 -425, Records of the Recorder of Johnson County, Iowa; and WHEREAS, pursuant to the Peninsula Neighborhood Development Agreement as amended, the parties established deadlines for Developer's purchase of successive phases within the Peninsula Neighborhood, (i.e. Second through Sixth Addition), with failure to meet said conveyance deadlines constituting a default under the agreement; and WHEREAS, subsequent to establishing said deadlines for conveyance, the rate of sales within the Peninsula Neighborhood has been slower than anticipated; and WHEREAS, PDC has increased its marketing efforts and, given its significant investment in the Peninsula Neighborhood, remains committed to building out the Peninsula Neighborhood as envisioned by the City and PDC; and )Y� WHEREAS, as a result of the impact of these market factors, and with the desire to continue to build out the Peninsula Neighborhood, PDC has requested a twenty -four (24) month extension of the January 1, 2008 closing deadline for conveyance of the Peninsula Neighborhood Third Addition to January 1, 2010; and WHEREAS, given PDC's increased marketing efforts, stated commitment to developing the Peninsula Neighborhood as envisioned and designed, and recent residential real estate market difficulties, it is reasonable, appropriate and in the public interest to grant PDC's requested extension of the closing deadline for conveyance of the Peninsula Neighborhood Third Addition to January 1, 2010. NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION AND THEIR MUTUAL PROMISES AND CONVENANTS, THE PARTIES HEREBY AGREE AS FOLLOWS: Section G of the Second Amendment to Peninsula Neighborhood Development Agreement, recorded at Book 3686, Page 718 -732, Records of the Recorder of Johnson County, Iowa is hereby amended to read in its entirety as follows: Deadlines for Conveyance. Closing on Developer's purchase must occur on or before: 1. January 1, 2010 for the Peninsula Neighborhood Third Addition; and 2. Within three (3) calendar years of closing on the immediately preceding phase for the Fourth, Fifth and Sixth Additions of the Peninsula Neighborhood (for example, closing on the Fourth Addition must occur within three (3) calendar years of closing on the Third Addition). Failure of the Developer to meet the conditions precedent to conveyance enumerated in Section F hereof within the deadlines for conveyance set forth in Section G hereof shall be a default under this agreement, and subject the Developer to the provisions of Section Q hereof. The parties hereto acknowledge and agree that only the Deadlines for Conveyance outlined in Section G of the Second Amendment to the Peninsula Development Agreement have been modified by this Fourth Amendment to the Peninsula Development Agreement, and all other terms and conditions outlined in the Peninsula Development Agreement, as amended, shall continue in full force and effect. The parties specifically acknowledge that the conditions precedent to conveyance outlined in Section F of the Second Amendment to the Peninsula Development Agreement, as well as all other terms, continue in full force and effect. DATED this !a kk day of -e - ✓' , 2007. PENINSULA DEVELOPMENT COMPANY, L.L.C. By: Barry Kemper, President STATE OF IOWA [N I r&] 2 [O1 r i r GT el Y V A N] T i,r G� By: 6;,"( JA'O tV�_ Ross Wilburn, Mayor ATTEST: By: /r(ll�fz�—) Marian K. Karr, City Clerk )as: JOHNSON COUNTY ) )� On this day of �e 2007, before me, the undersigned, a Notary Public in and for said County and St te, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corp n• and that the said Ross Wilburn and Marian K. Karr acknowledged the execution of said nt to b6 nd deed and said municipal corporation, by it and by them volu edssion Number 159791 ow My Commission , Expires Scmc�naL� r� Notary Public in and for the State of Iowa STATE OF MICHIGAN ) ,►nV/ ) as: COUNTY ) On this -�/ day of uAU.Si" 2007, before me, a notary public in and for the State of Michigan, personally appeared Barry Kemper, to me personally known, who being by me duly sworn did say that the person is the President of PENINSULA DEVELOPMENT COMPANY, L.L.C., a Michigan limited liability company, and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said Barry Kemper acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. Nola Public in a v r the State of Michigan JESSICA JANDRON Notary Public, State of Mi My Comm chigan County of Wayne ission Expire ov. Acting in the County of 23, 2012 4 4� Ilya IIIII II 111111 III illll illli IIIII II!!! IIIiI 11111 lilll Iliii Iliii illli illll 1111 ll li Doc ID: 020971950010 Tvae: GEN Reco 0 /Paae It ofD109: 19 AM Johnson Countv Iowa Kim Painter Countv Recorder SK4214 PG161 -170 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.07 -4277 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 4th day of September, 2007, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 5`h day of September, 2007. A e. ) a Marian -K. Karr City Clerk \ord � a p o o l 43 S 16q Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5251 ORDINANCE NO. 07 -4277 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 14 ACRES OF LAND FROM COUNTY RESIDENTIAL (R) TO LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS -5) AND APPROXIMATELY 1.89 ACRES OF LAND FROM COUNTY RESIDENTIAL (R) TO NEIGHBORHOOD PUBLIC (P -1) LOCATED NORTH OF LOWER WEST BRANCH ROAD, BRENTWOOD DRIVE, AND BROADMOOR LANE (REZ07- 00010) WHEREAS, the applicant, St. Patrick Church of Iowa City, has requested a rezoning of property located north of Lower West Branch Road, Brentwood Drive, and Broadmoor Lane from County Residential (R) to Low Density Single Family Residential (RS -5); and WHEREAS, the Comprehensive Plan indicates that this area is appropriate for a residential neighborhood with a mix of housing types; and WHEREAS, the Iowa City zoning laws acknowledge that the low density single family residential zone is intended to allow opportunities for certain nonresidential uses, such as schools and religious institutions, that contribute to the livability of residential neighborhoods; 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 certain conditions addressing the need within residential neighborhoods for a street network that provides for appropriate traffic circulation, efficient provision of public and emergency services, and ensures public access to shared open space; 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 directly caused by the requested change; and WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city; and WHEREAS, to further the goals and objectives of the Comprehensive Plan, the City of Iowa City has acquired property for future use as a public square along Lower West Branch Road north of Brentwood Drive and Broadmoor Lane; and WHEREAS, property owned by the City and intended for public use should be zoned Neighborhood Public to serve as notice to surrounding property owners that the subject property is intended for public purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. 1. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of County Residential (R) to Low Density Single Family Residential (RS -5): LEGAL DESCRIPTION A PART OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE CENTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST; THENCE N 00 020'48" W ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 7, A DISTANCE OF 33.00 FEET TO A POINT ON THE PRESENT NORTH 33 FOOT RIGHT OF WAY LINE FOR LOWER WEST BRANCH ROAD SE AND THE POINT OF BEGINNING; THENCE CONTINUING N 00 °20'48" W ALONG SAID WEST LINE, A DISTANCE OF 1276.72 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 7; THENCE N 89 °50'44" E ALONG THE NORTH LINE OF ��J Ordinance No. 07 -4277 Page 2 THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 7, A DISTANCE OF 532.19 FEET; THENCE S 00 °01'04" W, A DISTANCE OF 1278.29 FEET TO A POINT ON SAID PRESENT NORTH 33 FOOT RIGHT OF WAY LINE; THENCE N 89 058'56" W ALONG SAID PRESENT NORTH 33 FOOT RIGHT OF WAY LINE, A DISTANCE OF 54.48 FEET; THENCE NORTHWESTERLY 37.70 FEET ALONG THE ARC OF A 24.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 33.94 FOOT CHORD BEARS N 44 059'19" W; THENCE N 00 °01'04" E, A DISTANCE OF 180.02 FEET; THENCE N 89 °58'56" W, A DISTANCE OF 317.00 FEET; THENCE S 00 001'04' W, A DISTANCE OF 180.02 FEET; THENCE SOUTHWESTERLY 37.70 FEET ALONG THE ARC OF A 24.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 33.94 FOOT CHORD BEARS S 45 001'04" W TO A POINT ON SAID PRESENT NORTH 33 FOOT RIGHT OF WAY LINE; THENCE N89 058'56 "W ALONG SAID PRESENT NORTH 33 FOOT RIGHT OF WAY LINE, A DISTANCE OF 104.60 FEET TO THE POINT OF BEGINNING CONTAINING 14.00 ACRES MORE OR LESS 2. The property described below is hereby reclassified from its current zoning designation of County Residential (R) to Neighborhood Public (P -1): LEGAL DESCRIPTION AUDITORS PARCEL 2007075 IS THAT PART OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION T THENCE NORTH 89° 38' 15" EAST 182.38 FEET ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 7 TO THE POINT OF BEGINNING; THENCE NORTH 00° 21'45" WEST 167.02 FEET TO THE BEGINNING OF A 16.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY THROUGH A CENTRAL ANGLE OF 900 00' 00" AN ARC DISTANCE OF 25.13 FEET (CHORD BEARING NORTH 44° 38' 15" EAST 22.63 FEET); THENCE NORTH 89° 38' 15" EAST 177.00 FEET TO THE BEGINNING OF A 16.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY THROUGH A CENTRAL ANGLE OF 900 00' 00" AN ARC DISTANCE OF 25.13 FEET (CHORD BEARING SOUTH 45° 21' 45" EAST 22.63 FEET); THENCE SOUTH 000 21'45" EAST 167.02 FEET TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 7; THENCE SOUTH 89° 38' 15" WEST 209.00 FEET TO THE POINT OF BEGINNING, CONTAINING 38,140 SQUARE FEET OR 0.88 ACRES. FOR THE PURPOSE OF THIS DESCRIPTION, THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 7 IS ASSUMED TO BEAR NORTH 89° 38' 15" EAST. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and conditional zoning agreement, 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 and conditional zoning agreement, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII, EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 4th day of RAP ±ember 2007. 10 Ordinance No. 07-4977 Page 3 (j�!, L.j)-,L, MAYOR ATTEST: Y • Gd Y CLERK Appro ad by City Attorney's Office g/ -alo 7 CORPORATE SEAL. ,V-) Ordinance No. 07 -4277 Page 4 It was moved by Vanderhoef 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 Elliott x O'Donnell x Vanderhoef x Wilburn First Consideration 8/21/2007 Vote for passage: AYES: Wilburn, Champion, Correia, Elliott, O'Donnell, Vanderhoef. NAYS: Bailey. ABSENT: None. Second Consideration --------------- - -- Vote for passage: Date published 9/12/2007 Moved by Vanderhoef, seconded by Correia, 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: Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell. NAYS: None. ABSENT: None. n Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ07- 00010) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Rellim Farms, L.L.C. (hereinafter "Owner "), and St. Patrick Church of Iowa City (hereinafter "Applicant "); WHEREAS, Owner is the legal title holder of approximately 14 acres of property located north of Lower West Branch Road, Brentwood Drive, and Broadmoor Lane (hereinafter "Property "); and WHEREAS, a public square is being constructed adjacent to this property along Lower West Branch Road between Brentwood Drive and Broadmoor Lane; and WHEREAS, this Property will surround three sides of the public square; and WHEREAS, the Applicant, with the Owner's participation and consent, has requested annexation and subsequent rezoning of this Property from County Residential (R) to Low Density Single Family Residential (RS -5) with the intention of developing the property as a religious /private group assembly use; and WHEREAS, this large institutional use will increase traffic through the surrounding neighborhoods, particularly before and after church services; and WHEREAS, this change in use and rezoning of the large parcel of property creates potential impediments to vehicular and pedestrian access to the public square and nearby neighborhoods, as they continue to be developed; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that, with appropriate conditions for the provision of adequate secondary access and pedestrian connectivity among the public square, the institution and surrounding neighborhoods to ensure that this large institutional property is adequately integrated into future residential neighborhoods, and to facilitate the dispersal of traffic and provide for safe and efficient provision of public and emergency services, the proposed zoning is in conformance with the Comprehensive Plan and should be approved with said conditions; 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 directly caused by the requested change; and WHEREAS, the Owner and Applicant acknowledge and agree that certain conditions and restrictions are reasonable and necessary to ensure that the development of the Property is consistent with the Comprehensive Plan, to ensure that the proposed large institutional use is adequately integrated into future surrounding residential neighborhoods, to provide for safe and adequate traffic circulation to and around the subject Property, to provide for efficient provision of public and emergency services, and to ensure that public use of shared public open space, specifically the public square along Lower West Branch Road, is not impeded; and ppdadMagVSI pals us aez07-0 010 (3) do 1 , WHEREAS, to satisfy public needs directly caused by the requested rezoning, the Owner and Applicant agree to develop the 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. Rellim Farms, L.L.C. is the legal title holder of the Property legally described as follows: A part of the Southwest 1/4 of the Northeast 1/4 of Section 7, Township 79 North, Range 5 West of the 5th P.M., and being more particularly described as follows: Commencing at the Center of Section 7, Township 79 North, Range 5 West; thence N 00 °20'48" W along the West line of the Northeast 1/4 of said Section 7, a distance of 33.00 feet to a point on the present North 33 foot right of way line for Lower West Branch Road SE and the point of beginning; thence continuing N 00 °20'48" W along said West line, a distance of 1276.72 feet to the Northwest corner of the Southwest 1/4 of the Northeast 1/4 of said Section 7; thence N 89 °50'44" E along the North line of the South 1/2 of the Northeast 1/4 of said Section 7, a distance of 532.19 feet; thence S 00 001'04" W, a distance of 1278.29 feet to a point on said present North 33 foot right of way line; thence N 89 °58'56" W along said present North 33 foot right of way line, a distance of 54.48 feet; thence Northwesterly 37.70 feet along the arc of a 24.00 foot radius curve, concave Northeasterly, whose 33.94 foot chord bears N 44 059'19" W; thence N 00 °01'04" E, a distance of 180.02 feet; thence N 89 °58'56" W, a distance of 317.00 feet; thence S 00 °01'04' W, a distance of 180.02 feet; thence Southwesterly 37.70 feet along the arc of a 24.00 foot radius curve, concave Northwesterly, whose 33.94 foot chord bears S 45 °01'04" W to a point on said present North 33 foot right of way line; thence N89 058'56 "W along said present North 33 foot right of way line, a distance of 104.60 feet to the point of beginning containing 14.00 acres more or less. 2. The Owner and Applicant acknowledge and agree that, as a component of the requested rezoning, the City wishes to ensure conformance with the principles of the Comprehensive Plan, provide for safe and adequate traffic circulation within neighborhoods and ensure public access to shared open space. Further, the parties acknowledge and agree 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 directly caused by the requested zoning. 3. In consideration of the City's rezoning the subject Property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning and subdivision ordinances, as well as the following additional conditions: a) The Owner and /or Applicant will dedicate to the City, without remuneration from the City, the land and grant associated construction easements, for two 60 -foot wide public rights -of -way for future street connections to the northeast and northwest corners of the public square along Lower West Branch Road within 90 days of approval of the annexation and rezoning of said property in alignments as determined by the City Engineer; and b) If the Applicant or any successor in interest develops one or both of the parcels of ppdadMagVst pats cza rez07 -00010 (3) doc 2 . `a land abutting the east or west sides of the public square, and the connector roads leading to the northeast and /or northwest corners of the public square have not yet been constructed, the Applicant or successor in interest will be responsible for constructing the relevant street connection(s) upon the dedicated right(s) -of -way; and c) At such time as the Property is developed, the Applicant agrees to construct an 8- foot wide sidewalk that extends generally east to west across the central portion of the Property and agrees to grant a public access easement over said sidewalk. The Applicant and the City agree that the location of this sidewalk will be determined through the special exception approval process for a religious /private group assembly use, taking into account the topography, public accessibility, and integration of the sidewalk into the site plan; and d) The Owner and /or Applicant will dedicate to the City, without remuneration from the City, the land and grant associated construction easements for a 60 -foot wide public right -of -way for a future street that will extend across the northern portion of the Property within 90 days of approval of the annexation and rezoning of said property in an alignment to be determined by the City Engineer; and e) At such time as this northern street is constructed, the Applicant agrees to construct an access drive from the developed portion of the Applicant's property to this northerly street so that users of the Applicant's property have direct access to this street. f) If, for whatever reason, the Property is not developed as an institutional use and is instead proposed for residential development, provisions c) and e) of this agreement will become null and void and any proposed residential development will be required to comply with the City's adopted Comprehensive Plan, more specifically the Northeast District Plan, and all applicable subdivision and zoning standards and requirements, including construction of necessary infrastructure for said development. 4. The Owner, Applicant, and City acknowledge and agree that the conditions contained herein are reasonable and necessary additional conditions to impose on the land under Iowa Code §414.5 (2007), and that said additional conditions are imposed to satisfy public needs that are directly caused by the requested zoning change. 5. The Owner, Applicant, and City acknowledge and agree that in the event the subject Property is transferred, sold, redeveloped, or subdivided, all redevelopment and subdivision will conform to the terms of this Conditional Zoning Agreement. 6. The parties acknowledge and agree 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, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowledge and agree 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. ppdadMagYst pals c a rez07-00010 (3).doc 3 '` /!. 8. The parties acknowledge and agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject Property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of 12007. CITY WA CITY ) "'' l J Ross Wilburn, Mayor Attest: Mar n K. Karr, City Clerk ®RP ®RATE App ;d�tyt ehey6,6ye - 13-.67— CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Rellim Farms, L.L.C. By: Henrietta Miller 07 St. Patrick Church of loyva City t�n ,]t y By: kcgl � pkT.1unvuv 4- rvezde�wk 1.5tk66tr SEAL On this � h day of Sj2n -h0h 1,o r A.D. 2007, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilburn 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. o s sONDRAE'oRT _ Commission Number 159791 My Commission Expires ow 3 7 U Notary Public in and for the State of Iowa My commission expires: ppdatlMagUst pats as m07-0D010(3). o 4 1 3 LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) On this % day of A.D. 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, Wsonally appeared _eke n rir//A- J%II //e r to me personally known, who being by me duly sworn, did s y that the person is i•csi c%"c t (title) of I�P / 7, r "_,,,person L .I C and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. k�e G('r -e )e 7 ,Wle-, Notary Public in and for the State of Iowa My commission expires: ,��a ^rs� i<ntir o< iurr�� ° v Ganilwss Ik''d ber 2218191 CORPORATE ACKNOWLEDGEMENT: naycam d Sip res `o � z � /S�Q ci STATE OF IOWA ) ss: JOHNSON COUNTY ) On this /5' day of ! -/t f A.D. 2007, before me, the undersigned, a Notary Public in and for the St of Iowa, personally appeared 2u1 /o/ /Z T (tea re z_ and rre--ler7ce -4. 5c4„e6er to me personally known, who, being by me duly sworn, did say that they are the O S4or and DI recfor , respectively, of said corporation executing the within and foregoing instrument to which this is attached; that said instrument was s�ned on behalf of said corporation by authority of its Board of Directors; and that the said GLS�or and rcc_ -10 r as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. (e k TW/e- Notary Public in and for said County and State My commission expires: ARC z �CuMycolon « lli, �< rur rre� Nu nbur227b19 !' a My Cnii 1 s on Fxr; es I,�tiA�5�2.z._ ppdadm7a0VS1 pats us rez07 -00010 (3).doc rj YIp Doc ID: 020993020013 TVAe: GEN Recorded: 10/04/2007 at 10:41:64 AM Fee Amt: $67.00 Paae 1 of 13 Johnson County Iowa Kim Painter Countv Recorder 6K4222 Pa930.942 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.07 -288 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2 "d day of October, 2007, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 3rd day of October, 2007. Marian K. Karr City Clerk \res >V 0 4e 1 I - Prepared by: Sarah Holecek, I" Asst City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 07 -288 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A PUBLIC WALKWAYITRAIL EASEMENT AGREEMENT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PERMANENT RECREATION TRAIL EASEMENT AGREEMENT SUBSTITUTED IN LIEU THEREOF FOR THE COURT HILL TRAIL PROJECT. WHEREAS, in 1997 Hy -Vee, Inc. and the City executed an agreement for a 30 foot wide walkway /trail easement along the northern edge of the site of the First Avenue Hy -Vee Food Store development, authorized by Resolution No. 97 -320; and WHEREAS, said easement was acquired to provide a means of ingress and egress in anticipation of the future construction of a public walkway /trail; and WHEREAS, Resolution No. 07 -220 authorized the acquisition of property interests necessary for construction of the Court Hill Trail Project; and WHEREAS, during the design of the Court Hill Trail Project, it was discovered that a dirt pile had been deposited upon the easement area acquired in 1997, which prevented the use of said easement area in the development of said Project as planned; and WHEREAS, the cost of removal of the dirt pile would be considerable, therefore, Hy -Vee, Inc. and City staff have negotiated an agreement to replace said 30 foot wide easement area with a substituted easement area of identical width and size which avoids the dirt pile; and WHEREAS, the City Public Works Department recommends the release of the current public walkway /trail easement agreement and, in substitution, the approval of the attached Permanent Recreation Trail Easement Agreement, as in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds that it is in the public interest to release the currently held 30 foot wide public walkway /trail easement and to authorize a permanent recreation trail easement of identical size and width to replace said current easement. 2. The City of Iowa City does hereby abandon, release, and relinquish all right, title, and interest in the walkway /trail easement area acquired by virtue of the public walkway /trail easement agreement recorded at Book 2350, Page 79 -83, with the records of the Johnson County Recorder, and the Mayor is hereby authorized to sign and the City Clerk to attest the attached release of said easement agreement as approved by the City Attorney's Office. 3. The City Council does hereby authorize the Mayor to sign and the City Clerk to attest the attached Permanent Recreation Trail Easement Agreement as a replacement for the released easement agreement. 4. The City Clerk is hereby authorized and directed to certify a copy of this resolution for recordation in the Johnson County Recorders Office, along with the attached release and Permanent Recreation Trail Easement Agreement, said recording costs to be paid by the City. Passed and approved this 2nd day of r f20 MAYOR ATTEST: • 9 ITY CLERK CORPORAL E SEAL Prepared by: Sarah Holecek, 1gAsst. City Attorney, 410E, Washington St., Iowa City, IA 52240 -1826; (319) 356 -5030 RELEASE OF PUBLIC WALKWAY/TRAIL EASEMENT The City of Iowa City, Iowa, does hereby abandon, release and relinquish all right, title, and interest in the walkway /trail easement area authorized by Resolution No. 97 -320 and acquired by virtue of the public walkway /trail easement agreement recorded at Book 2350, Page 79 -83 with the records of the Johnson County Recorder. Said easement specifically described in Exhibit "A" is hereby released. The City retains all other easements shown on said final plat not released by this document. CITY OF IOWA CITY, IOWA By: pi4l�Lj Ross Wilburn, Mayor ATTEST: //yZMX5G i1 Yf > k7iJ Marian K. Karr, City Clerk STATE OF IOWA ) C® FO Ai L" ZS L SS: JOHNSON COUNTY ) On this Nn day of a -roeFR 2007, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ross Wilburn and Marian K. Karr, to me personally know, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that Ross Wilburn and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. o s 80Nr --E PORT <3 F' r . CommissionNumber159701 J- '*v��o -Q I Sf� My Commlaslon Expires iow s - o �- Notary Public in and for the State of Iowa My Commission Expires: Annen /easmis/ Release of Hy -Vee Easement(2007).doc A I I I 1 I 1- -3 1' I L .Iq 1IQ I �3j IIL Wal I ��Wi Fral I d •B.,bJ'JI'iJ' R • bS.W _1 • 10,]1' 1611 uuv:Ln:3v � I I 1utl�� NS B n w ERUtAC SORE IX FtiT I'•IM ' 011 d• 'tf n N a y h3.0 1 . L. C• N11': y >♦ YI 11 \• d •1643'19' W 1 p0V Sip}{. _ t MY ryll{IIyDD TtoN d • }13}'30' R . 113.00' 30'If)5• T 5}.15' A n ,No. L ... S I! N)...... .. PQHT OF �s<�� o : ieaun mww 5zftli° f �eryF , 'IFS a"6i • /B °a3 °'9p SECIUUM S PIP/6'E REPORT WAS PREPARE D BY ME, OR UNDER 'MY DIRECT SUPERVISION, I ' 0, AND THAT 1 AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS -_ - wlleva eamea norm {c -L, 2!G$ ]1 y7 ^ -- uu•ar wA aeN a rvmos xono 6R $UWVEV • 33.00' .33.06' - �5� PPO$]NTf�S}�SZRr�e • 10110' ��3 `d • 39'11'35 d30'}b'W - R • 12(r" - SI VIED BEFORE ME THIS/5 DAY OFJIaZ, p I3.11' . 6121' OY4ifR of RECCWO: NY -WE Fow STORES, 91c, sgW'v'w 65.44' r- +5613' o d 31.15' . 10YS}1• C . • S10Y1'S}'w 2&19' tit : .9 p Pert er Ihb RV 1/4 Sec. • SL60' EC. 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NW 1/4 0( 6ecu- -rte` 8 N,p�IM (I. l(DRO�r04Llfg1- �s<�� o : ieaun mww 5zftli° f �eryF , 'IFS a"6i • /B °a3 °'9p I HEREBY CERTIFY THAT THIS PLAT MAP, SURVEY OR i3 •,: ' - rwenrca waawurl,w5 ': 1 4ow4wia a4 <aa ua jl 4_n! REPORT WAS PREPARE D BY ME, OR UNDER 'MY DIRECT SUPERVISION, _- �- awbv.vn V(1 a•i G!_1J D. --- ior'0Ti4Y`wlwla - ° Ite:!RNai' 3a AND THAT 1 AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS -_ - wlleva eamea norm {c -L, 2!G$ ]1 y7 ^ -- uu•ar wA aeN a rvmos xono 6R $UWVEV • 33.00' .33.06' - �5� PPO$]NTf�S}�SZRr�e • 10110' (./]� }./�.u,.aPar_�_'_ d30'}b'W - WW J'i mrl e( Ph. NW 1/4 0( 6ecu- -rte` 8 N,p�IM (I. l(DRO�r04Llfg1- �s<�� o : ieaun mww 5zftli° f �eryF , 'IFS a"6i • /B °a3 °'9p I HEREBY CERTIFY THAT THIS PLAT MAP, SURVEY OR i3 •,: ' - rwenrca waawurl,w5 ': 1 4ow4wia a4 <aa ua jl 4_n! REPORT WAS PREPARE D BY ME, OR UNDER 'MY DIRECT SUPERVISION, _- �- awbv.vn V(1 a•i G!_1J D. --- ior'0Ti4Y`wlwla - ° Ite:!RNai' 3a AND THAT 1 AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS -_ - wlleva eamea norm {c -L, 2!G$ ]1 y7 ^ -- uu•ar wA aeN a rvmos xono IOWA. OF THE STATE OF " rr +l x'w°I- 'Clyf`,.r wwe4sn oau.R.m lruw+cxr3r iarx <e] Glen 0. Messner L.S. & P.E: Lic. No. 8165 19`5 DATE [ rcQSAl4ENUB Md91 T%rw N,W IUr MY LICENSE EXPIRES. DECEMBER 31, 19_F7, IOTA CITY 111` -YEE 12 - - -- --� UPS C0.YSOLIArItS - SI VIED BEFORE ME THIS/5 DAY OFJIaZ, p INC PROJECT N NO. 924 -015 MPS EASE REC /]; WAtKWAY VEOICAPOY PLAT - J 19 - ! [ OY4ifR of RECCWO: NY -WE Fow STORES, 91c, NOTARY PUBUC, IN AND FOR THE o d � k F sRm Ru<: 30,00 FOOT TRAIL EASEMENT� STATE OF IOWA 1' -95 p,d)'N MMS Coxsmautrs, INq Ib14 tit : .9 p Pert er Ihb RV 1/4 Sec. s�nnn5 , V l Iowa Clly, Iowa E V b (5191 355 -8]5] EC. ENCA REVIEW . 13- UI 9 PlB/i -RSW c m IOWA CITY, ID WA - t 01 /°"r4 !:I. K.� e ] II -25 -96 Sx ppR I.C. EUM REMEW C \O2nn\O226Q'5 \O2i51, W2 II -t5 -95 L51:.9 ;m ESt R`M CNA i EXHIBIT rr rr i Prepared by & Relurn to: Eric R. Goers, Asst. City Attorney; 410 E. Washington St.; lava City, IA 52240; (319) 356.5030 Legal Description: Permnnent 30 -foot trail easement on that part of a Plat of Survey recorded in Book 36, Page 346, Plat Records of Johnson County, Iowa Grantor: Leach lay a. L.L.C. Grantee: City of Iowa City PERMANENT RECREATION TRAIL EASEMENT AGREEMENT COURT HILL TRAIL PROJECT HY -VEE TOOD STORE NO, 2 IOWA CITY, IOWA TIIIS AGREEMENT, made and entered into by and between Leach Iowa, L.L.C., hereinafter referred to as "OWNER" which expression shall include its successors in interest and assigns and mortgage lenders, and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "CffY ". IT IS HEREBY AGREED AS FOLLOWS: For the sum of one dollar plus other valuable consideration, receipt of which is hereby acknowledged, OWNER hereby grants and conveys to CITY a 30 -foot easement for the purposes of excavating for and the installation, replacement, maintenance and use as a public recreation trail over and across the area shown and described on the survey attached hereto as Exhibit "A" and referred to herein as "Easement Area ". This easement provides CITY with a means of ingress and egress over the Easement Area for the purpose of constructing a recreation trail and the general public with a means of ingress, egress, and passage over the recreation trail Easement Area after CITY has actually constructed the recreation trail. OWNER further grants to CITY: 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 said Easement Area, to such extent as CITY may find reasonably necessary. Provided that grading outside the Easement Area shall require the prior written approval of OWNER which approval shall not be unreasonably withheld. 2. OWNER further grants to CITY the right from time to time to trim and 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 tress on either side of said strip which now or hereafter in the opinion of CITY may interfere with the exercise of CITY's rights hereunder in any manner. CITY shall promptly backfill any trench made by it, and repair any damages caused by CITY within or outside the Easement Area. CITY shall indemnify OWNER against loss or damage which may occur in the negligent exercise of the easement rights by CITY. OWNER further grants to CITY the right to excavate for, construct, install, replace, maintain, and use a public recreation trail on the Easement Area. After a recreation trail is constructed by CITY on the Easement Area, CITY shall bear the responsibility of maintaining the recreation trail. However, nothing in this easement agreement obligates CITY or OWNER to construct recreation trails on any portion of the Easement Area. OWNER further grants to CITY the right from time to time to take any and all such actions as are necessary and consistent with the purposes of maintaining and constructing any recreation trail upon the Easement Area. Such right includes, but is not limited to, the right to restore to its natural state or entrance any portion of the Easement Area, and the right to prevent any activity on or use of the Easement Area which is inconsistent with the purposes of access as outlined in this easement agreement. 5. OWNER reserves the right to use said Easement Area for purposes which will not interfere with CITY's full enjoyment of the rights hereby granted; provided that OWNER shall not erect or construct any fence, parking area, buildings, retaining walls or other structures, drill or operate any well, or construct any obstructions on said Easement Area, or substantially add to or diminish the ground cover of said Easement Area. 6. OWNER hereby covenants with CITY 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. 7. Nothing in this agreement shall be construed to impose a requirement on CITY or OWNER to install the recreation trails at issue hereon. 8, CITY agrees that, until such time as the recreation trail has actually been constructed by CITY, the general public shall have no right of ingress or egress to or passage over the Easement Area described herein. 9. The provisions hereof shall inure to the benefit and bind the successors and assigns of the respective parties hereto, and all covenants shall be deemed to apply to and run with the title to the land. W\ 10. This Agreement may be executed in two or more counterparts, each of which when executed and delivered as prescribed shall constitute an original. Dated this —o day of LVe-�& 6 e 1- 2007. CITY OR IOWA CITY, IOWA By: q U SL,— Ross Wilburn, Mayor CORPORATE SEAL By: Mhffan K, City Clerk Approved by: City Attomey's Office to 3107 Trustee Leach Iowa L.L.C., Inc. an Iowa Corporation, OWNER By: Talbot Investment Co., LLC By: IIJK, LLC i� �' OWNER'S ACKNOWLEDGMENT STATE OF NEW YORK ) ) ss; NAY19 COUNTY ) On this 14ay of 2007,be jore me, a Notary Public in and for the State of New York, personally appeared 2 PJ(S. �JW , to me personally known, who, being by me duly sworn, did say that he is the A -0 of Leach Iowa L.L.C., Inc., the corporation executing the within and foregoing msttument, that (no seal has been procured by) (the seal affixed thereto is the seal of) the corporation; that said instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Directors; and that the said as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by itpid by him voluntarily executed. Notary Public in and for tkd State pfNew York DOXIA DARGATY Notary Public, State of New York No. 02DA6142900 Qualified in New York Count qq Commission Expires March 27, 20 L 1)� e 10. This Agreement may be executed in two or more counterparts, each of which when executed and delivered as prescribed shall constitute an original. Dated this clay of 2007. CITY OF IOWA CITY, IOWA BY: Ross Wil By:_ M• ran K. Karr, City Ap/by- 'it) Attomey's Office Approved by: Manufacturers and Traders Trust Company, as Trustee each Iowa L.L.C., I anY wa Corporatio , OWNER By: of Inves ent Co., LLC By: H L Name: Title: 0� LENDER'S ACKNOWLEDGMENT STATE OF NEW YORK ) I� ) ss: --- A_ -_ —_ -- COUNTY ) On this G6+ day of S -0 , b °fore e a N W, Public in and for the State of New York, personally appeared e personally known, who, being by me duly sworn, did say that lie is h , S Manufacturers and Traders Trust Company, as Trustee., the corporation executing the within and foregoing instrument, that (no seal has been procured by) (the seal affixed thereto is the seal of) the corporation; that said instrument was signed (and scatgd) on be}If Qf said corporation by authority of its Board of Directors; and that the said 9(i nl UKe NFS�(J(n� as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. M (L-4-A Notary public in 6d for the State of New York NOTARIAL SEAL M. ANTHONY ARGENIO Notary Public, State of New York No, 01AR6028414 OuallOed In Ede County Commission Expires June 22, 2011 L CITY'S ACKNOWLEDGEMENT STATE, OF IOWA ) ) ss: JOHNSON COUNTY ) On this3ct day of ((AA+c (D_p, r , 2007, before me, the undersigned, a Notary Public in and for the above -named county and state, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Ross Wilburn and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. < iurTir 2 ?1.8 x i FBI P� 619 MY Co, inis, ion Owes — } 5 � p �_ Notary Public in and for the State of Iowa L L'l8A O ISV,da aS M,08dd9 OB CT, H1M NMVUG -GV 133 i5 nMOHS Sb -.1ecs I LO / >C /90 31Y0 VMOI'AlNnOO NOSNHOf ,lllO VMOI o_ses9a. 94£'9d'9£'NO NI'O03H A3AJjnS d0 lvld ON -OTONd 1181HX3 1N3W3SV3 _...nun..._ L'i9 LIB tea"• t' r� .l Aa LL3N ,N s,A aLL I, ld 165Zl emc'.c a,eWS>ao s avc ,vamp aYS, AW Aepeg �� >pog h awvw : p-• eelleeer so n..� re r axwn .,rc � � A' QNtl1 r x sr,me �rrvasax ,y ry a owi na an ne "•nrrr �vcsnaoinsa svW » r�•rr SIM Irv3Wf.100 iVL;,IIIG ONbI .W vXl A)LLtl5 A83m� miry -a:oi 30 of ma ssimo -.romu muuan a�sarsx» ae oa 3av aolm .N onia"sr�rm �v anru onv mrv:s imrv,uoc vw eo .lam ssxr A-.xo 30 /JJO 5,N30210J3N .l1NR0o NOSNNOI' 90£ 396'd '9£ Y00S 1V7d N! 039d003d ,4- 7A4l17S -�O 1 N76' M „0[.LS.9C S ,!8'0£ =g0 oe'If= l 0000l= a vivo 3,an0 M .LZ,Z0.l4 S ZZ Sb =gO 9 Sb= M .Sb.L s 00'C1= 6 LZYz- Z =gO „ y L0,80.9Z = 00'OOI= a 6Z'LZ= l vlv3 ydn^ ° tl1M0 3ry8no M „81,8Zm .Sf s S 1 h! „9PZS 5 ,90 L'SZ =40 00'09£ = a „SS,ab.ob=v viva 3nano / is 1N3W3Stl] liY2ll i \ ,O£ 1N3NMWa3d M „LO,lS.O S �ONINN1038 dO 1NIOd 1N3W30N3WW00 —30 ! 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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.07 -292 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2 °d day of October, 2007, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 3rd day of October, 2007. Marian K. Karr City Clerk \res F Prepared by: Sara F. Greenwood. City Attorney; 410 East Washington Street; Iowa City, IA 52240; 319 - 356 -5030 RESOLUTION NO. 07 -292 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST AN ACCESS EASEMENT AND PARKING AGREEMENT WITH HIERONYMUS SQUARE ASSOCIATES FOR THE DEVELOPMENT OF CERTAIN LOTS ON BLOCK 102; IOWA CITY, IOWA. WHEREAS, the Hieronymus Square Associates [hereinafter "HSA!'] has acquired approximately 1.12 acres of real estate south of Burlington and west of Clinton Streets, on Block 102, Iowa City, Iowa, upon which it intends to build a 12 story mixed -use building with a subterranean parking facility; and WHEREAS, the City of Iowa City owns the Ground Transportation Center and parking ramp located at Court and Dubuque Streets adjacent to the property owned by HSA; and WHEREAS, HSA wishes to access its subterranean parking facility via the Ground Transportation Center and arrange for the rental of parking spaces within the Ground Transportation Center; and WHEREAS, Staff approves the proposed parking structure, as well as the associated easement agreement; and WHEREAS. HSA has executed the attached Access Easement and Parking Agreement; and WHEREAS, the easement agreement requires City Council approval; and WHEREAS, it is in the public interest to accommodate increased traffic and parking needs through shared parking and access. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is hereby authorized to sign, and the City Clerk to attest, the attached Access Easement and Parking Agreement Incident to Agreement for Private Redevelopment with Hieronymus Square Associates. 2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and above - referenced Agreement and to record the same in the Johnson County Recorder's Office at HSA's expense. 3. The Director of Public Works, or designee, is hereby authorized to review and approve all construction plans contemplated in Page 3, Paragraph 5 of the attached Agreement. Passed and approved this 2nd day of 2007. M OR ATTEST: i CITY CLERK p Approved by City Attorney's Office q Z , v7 a4 Resolution No, 07_292 Page 2_ It was moved by Rai IPy and seconded by adopted, and upon roll call there were: AYES: x x x x x x —x- NAYS: reia the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn �6 ACCESS EASEMENT AND PARKING AGREEMENT INCIDENT TO AGREEMENT FOR PRIVATE REDEVELOPMENT THIS ACCESS EASEMENT AND PARKING AGREEMENT, dated this Xvo day of October 2007, by and between the City of Iowa City, Iowa, an Iowa municipal corporation, (hereinafter "City ") and Hieronymus Square Associates, an Iowa joint venture, having an office for the transaction of business at 711 S. Gilbert Street, Iowa City, Iowa, (hereinafter "HSA "): WITNESSETH: WHEREAS, HSA is the owner of certain real property located in Iowa City, Johnson County, Iowa, legally described as: Lot 8, Lot 7, and the north 22 feet of Lot 6, in Block 102, Iowa City, Iowa; and The south 20 feet of the north 42 feet on Lot 6 in Block 102, Iowa City, Iowa; and The south 38 feet of Lot 6 and the north 44 feet of Lot 5 in Block 102, Iowa City, Iowa; and The north 182 feet of the former public alley in Block 102, Iowa City, Iowa; and The north 60 feet of Lot 1, except the north 37 feet of the east 55 feet thereof, in Block 102, Original Town, Iowa City, Iowa, according to the plat thereof; (hereinafter the "Hieronymus Square Project "); and WHEREAS, City is the owner of the Ground Transportation Center and parking ramp located at Court and Dubuque Streets, in Iowa City, Johnson County, Iowa; legally described as: Original Town of Iowa City, Lots 1, 2, 3, & 4, excluding the N 37' of E 55' of Lot 1, block 102, (hereinafter the "Ground Transportation Center "); and WHEREAS, HSA is in the process of developing the Hieronymus Square Project as a 12- story mixed -use building in conjunction with and pursuant to that certain Agree- ment for Private Redevelopment dated the 3rd day of October 2006 and recorded the 271h day of June 2007 in Book 4178, Page 610 of the Records of Johnson County, Iowa; and WHEREAS, this development includes a subterranean parking facility below HSA's property adjacent to the existing Ground Transportation Center; and WHEREAS, in connection of the development of above referenced improve- ments, and in order to accommodate the increased traffic and resultant demand for parking for residential and commercial purposes, and because these two parking facilities are adjacent to each other, HSA and the City have reached certain agreements regarding the use of shared parking and other access rights; and WHEREAS, because it is in the public interest to accommodate increased traffic and parking needs through shared parking and access, the parties hereto wish to memorialize those understandings and agreements, NOW THEREFORE, in light of the mutual consideration exchanged herein, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. HSA and its successors, transferees, heirs, and assigns shall have an access easement for the purposes of ingress and egress over and across the Northern Dubuque Street entrance of the Ground Transportation Center owned by City for access to and from the underground parking facility located under the Hieronymus Square Project, together with the full and true right for its and its tenants, servants, visitors, and licensees, in common with all others having the same right, at all times hereafter, with or without automobiles or other vehicles or on foot, and for all other purposes connected with use of said properties, to pass and repass over, under, and across the access easement area, which is reflected on Exhibit "A" attached hereto. 2. In addition to the access easement area contemplated above, the parties further agree that HSA and its successors, transferees, heirs, and assigns shall have a pedestrian access ease- ment for the purposes of connecting to and ingress and egress over and across the Ground Transportation Center through the construction of a skywalk/walkway and stair tower connecting the Hieronymus Square Project and the Ground Transportation Center. The parties acknowledge that, at a minimum, said skywalk/walkway shall provide access to the Hieronymus Square Project and the Ground Transportation Center at the northwest corner of the Ground Transportation Center at the second level, but that multiple floor access is possible. The City shall neither be obligated to nor responsible for the construction and /or maintenance of said skywalk, which shall be solely the responsibility of HSA. 3. The easements hereby created shall be for HSA's use as the owner of Hieronymus Square Project and for its heirs, successors, and assigns for access purposes. Neither the City nor its agents, representatives or assigns shall so use or leave any vehicles, or any other obstruction in said easement areas so as to prevent the free and uninterrupted use of said easement areas by HSA and its heirs, successors, and assigns, except during the performance of periodic maintenance and repair as the City deems necessary, which maintenance and repair shall be performed as quickly and with as little disturbance to HSA's access rights as is reasonably possible. City also agrees to provide HSA with reasonable written notice of said maintenance and repair. A6 4. The parties agree that HSA shall be responsible for all of the costs of construction of the access easement area, the pedestrian access easement, the skywalk/walkway and the underground connection between the Ground Transportation Center and the underground parking area within the Hieronymus Square Project and any changes to the Ground Transportation Center necessitated thereby. 5. All construction plans for the easement areas, the skywalk/walkway and underground connection must be reviewed and approved by the City of Iowa City, or its designee, and the access easement area located within the Ground Transportation Center must be in compliance with applicable federal, state, and local codes and ordinances, including but not limited to the Americans with Disabilities Act. 6. In the event that the construction of the access easement area, skywalk/walkway or underground connection between the Ground Transportation Center and the underground parking area within the Hieronymus Square Project results in the loss or destruction of any usable and Iowa City Code - compliant parking spaces within the Ground Transportation Center, HSA will reimburse City monthly for the loss or destruction of those spaces at the then- applicable monthly permit rate. Said obligation to reimburse City for the loss or destruction of parking spaces shall commence upon the initiation of construction of the access easement area, the skywalk/walkway and /or the underground connection, and continue for so long as the access easement area is in use by HSA, its successors -in- interest, or assigns or until said lost or destroyed parking spaces are replaced by HSA within the Ground Transportation Center, whichever occurs sooner. 7. HSA shall be solely responsible for the costs of construction, maintenance and opera- tion of the skywalk/walkway and the overhead door to be located between the Ground Transportation Center and the underground parking area within the Hieronymus Square Project, including but not limited to the costs associated with any power source or ongoing maintenance thereof. Notwithstanding the foregoing, the costs associated with any other parking equipment located within the access easement area, including but not limited to the Dubuque Street entry gate, shall be split between HSA and the City on a pro -rata basis, with each party paying the portion of said expenses that the number of parking spaces it owns served by the access easement area bears to the total number of parking spaces served by the access easement area. The costs of such maintenance shall include reconstruction or replacement of the improvements within the access easement area when reasonably necessary. However, each party shall be solely responsible for the cost of any repairs to the easement area necessitated by its or its invitees, agents, assigns, successors or transferees in interest's negligent use or misuse of the easement area. 8. The parties further agree that in connection with the development of the Hieronymus Square Project, HSA shall be entitled to one hundred (100) new parking permits, to be paid at HSA's cost at the current monthly rate as established by City Council, within the Ground Transportation Center for its use and the use of its tenants, assignees, and successors -in- interest. Any permitted parking spaces relocated from other City parking facilities shall not be included within this allotment. The parties further agree that HSA shall be entitled to an additional fifty (50) new parking permits, to be paid at HSA's cost at the current monthly rate as established by City Council, allocable to the proposed hotel and restaurant's use, which shall be memorialized in connection with the hotel agreement to be entered into between the parties at a later date. 9. This covenant of easement shall be deemed to be a covenant running with title to the above described properties and shall be binding upon the owners of Hieronymus Square Project and the Ground Transportation Center, Iowa City, Johnson County, Iowa and their heirs, succes- sors, grantees, transferees, and assigns. This Agreement is dated this � 'Jo day of October 2007. P\6 CITY OF IOWA CITY HIERONYMUS SQUARE ASSOCIATES, AN IOWA JOINT VENTURE HSI, L.L.C. By: Michael Podge, Manager A ) STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Qcror,e2 On this a ufl day of Stpten+ber• 2007, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilburn 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 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 the execution of said instrument to be the voluntary act and deed of said munici poration - b}Litan them voluntarily executed. u a SONDi2AE PORT . Commission Number 159791 My Commission Explres °W ° Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of September 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared John A. Hieronymus, to me personally known, who being by me duly sworn did say that he is the Manager of Alfreda Investments, L.L.C.; that no seal has been procured by the said limited liability company; and that said instrument was signed on behalf of said limited liability company by authority of its Managers and the said John A. Hieronymus acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it and by them voluntarily executed. QCNK A��� Notary Public in and for the State of Iowa STATE OF IOWA ) ss: JOHNSON COUNTY aaMe.tM1s fytenYnYMnrfe�:..arrb.xofo On this day of September 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Michael E. Hodge, to me personally known, who being by me duly sworn did say that he is the Manager of HSI, L.L.C.; that no seal has been procured by the said limited liability company; and that said instrument was signed on behalf of said limited liability company by authority of its Managers and the said Michael E. Hodge acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it and by them voluntarily executed. KF3IMSA access casement and parking agreement Notary Public in and for the Iowa 7M NaYrW •IOWA Mgn fb. Tpfl� MY Mbn E+W+M?1J, 0 116 u v, 0 0 D m m z D m D Fri Z -o 0!,- �z x BURUNGTON STREET ��uni mneei EXHIBIT "A" L IIIIII�IIIIIIIIIIIIIIIIIIIII�II�IIIIII�IIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIII Doc ID: 020993030004 TVPe: GEN ReCrd 007 FeeoAmi�: S0 'p.0 /Pane I of0446:06 AM Johnson County Iowa Kim Painter County Recorder BK4222 PG943.946 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.07 -4283 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of October, 2007, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 3rd day of October, 2007. Marian. Karr City Clerk \ord LP Prepared by: Adam Ralston, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 ORDINANCE NO. n7 -4289 AN ORDINANCE REZONING APPROXIMATELY 0.95 ACRES OF LAND AT 805 AND 817 SOUTH GILBERT STREET FROM INTENSIVE COMMERCIAL (CI -1) TO COMMUNITY COMMERCIAL (CC -2). (REZ07- 00012) WHEREAS, the applicant, George Sehl, has requested a rezoning of properties located at 805 and 817 S. Gilbert Street from Intensive Commercial (CI -1) to Community Commercial (CC -2); and WHEREAS, the business -uses conforming to a CC -2 zone are compatible with current surrounding land uses; and WHEREAS, the Planning and Zoning Commission has found that although the Comprehensive Plan land use map depicts this area as appropriate for intensive commercial development, the Plan does show general commercial development for adjacent properties and notes that the recent trend of apartments being built above intensive commercial areas may result in the need to re- examine the appropriate land uses and zoning patterns in this area; and WHEREAS, the current use as a medical office is non - conforming in a CI -1 zone, but will be conforming in a CC -2 zone. WHEREAS, given the above noted factors the Planning and Zoning Commission has found that the proposed rezoning is in general compliance with the Comprehensive Plan; 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 Intensive Commercial (CI -1) to Community Commercial (CC -2) is hereby approved: Commencing at a point on the South line of Lot 4 in Block 28 of that part of Iowa City, Iowa, known as the County Seat of Johnson County, according to the plat thereof recorded in Book 1 & 2, page 301, Deed Records of Johnson County, Iowa, which point is 28 feet West of the Southeast corner of said lot 4; thence in a Northerly direction in a straight line to a point on the North line of Lot 3 in Block 28, 3 feet West of the Northeast corner of said Lot 3; thence East 38 feet; thence South to a point 35 feet East of the Southeast corner of said Lot 4; thence West to the place of beginning, subject to easements and restrictions of record And Commencing at the southeast corner of Lot 4, Block 28 of County Seat Addition as recorded in Deed Book 1 & 2, Page 301, Johnson County, Recorder's Office thence N 89 °53'17 "E, 35.00 feet; thence N00 016'55 "W, 12.70 feet parallel to the east line of said Block 28 to the Point of Beginning; thence N00 016'55 "W, 147.36 feet parallel to the east line of said Block 28; thence N89 °51'13 "E, 41.43 feet along the easterly extension of the north line of Lot 3 of said Block 28 to a point that lies 45.00 feet westerly from the centerline of Gilbert Street; thence S15 025'50 "W, 152.98 feet along said line lying 45.00 feet from the centerline of Gilbert Street to the point of beginning. Commencing at the northwest corner of Block 28, County Seat Addition to Iowa City, Iowa, as recorded in Deed Book 1 and 2. Page 301 of the records of Johnson County, Recorder's Office; thence S89 051'40 "E, along the north line of said Block 28 of the northeast corner of Lot 1 of said Block 28, which is the point of beginning; thence S89 °51'40 "E, 131.78 feet along the north line of Lot 1, Block 29, of said County Seat Addition, to the westerly right -of -way line of Gilbert Street; thence S15 °43'12 "W, 165.98 feet along said westerly right -of -way line to the south line of Lot 2, Block 29, of said County Seat Addition; thence N89 °51'1 3 "W, 86.81 feet along said south line to the southeast corner of Lot 2, Block 28, of said County Seat Addition in accordance with ordinance of vacation recorded in Miscellaneous Book 390, Page 176, of the records of the Johnson County Recorder's Office; thence north 159.87 feet along the east line of Block 28 to the point of beginning, 6 c_ q Ordinance No. 07-4284 Page 2 And Auditors Parcel #98017, according to the Plat of Survey recorded in Book 39, Page 270, Plat Records of Johnson County, Iowa. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. 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 Owners expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY' If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 2nd day of October 20 07 VAYOR ATTEST: ,u CITY CLERK Appr ed by CORPORATES AL City Attorney's Office aq /o e7 W pdata /ppadm intord /REZ07- 00012.doc E Ordinance No. 07 -4283 Page 3 It was moved by Vanderhoef 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 Elliott x O'Donnell x Vanderhoef x Wilburn First Consideration 9/18/2007 Voteforpassage: AYES: Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: None. Second Consideration --------------- - - - -- Vote for passage: Date published 10/10/2007 Moved by Vanderhoef, 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: Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: None. M, ...JVc IIIIIIIIIIIIIIIIIVIIIVIII�IIIIIIIII( III) IIIIIVIIIIIIII (IIIIVIIIVIIIIIIIIIII Recorded: 110/16/20070atT 10059600 AM Fee Amt: $12.00 Pace 1 of 2 Johnson Countv Iowa Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356 -5230 Kim Painter Countv Recorder DECISION 8K4225 PG916.917 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, AUGUST 8, 2007 EMMA J. HARVAT HALL h> MEMBERS PRESENT: Carol Alexander, Michelle Payne, Edgar Thornton, Ny �Noo�6 and Michael Wright y, Tl STAFF PRESENT: Sarah Holecek, Bob Miklo, "' r r v l'Tl. OTHERS PRESENT: Kevin Digman - SPECIAL EXCEPTION ITEMS: D `' ea 1: EXC07- 00006: A public hearing regarding an application submitted by Hieronymus Square Associates for a special exception to allow private, off - street parking in the CB -10 zone for property located at 314 and 328 South Clinton Street. Findings of Fact: The Board finds that the subject property is located in the CB -10 zone and that the Zoning Code has no parking requirement for residential uses in the zone and strictly limits the amount of land devoted to off - street parking in the zone. The Board finds that in situations where off - street parking is proposed within the CB -10 zone, the special exception criteria encourage underground parking in order preserve ground level space for commercial uses. The Board finds that, per the required parking demand analysis, the development proposed for this location will include as many as 170 residential units, and that the commercial component of this development, along with other residential development planned for the surrounding area, will place additional demand for parking on the current public parking system. The Board finds that the conditional zoning agreement (CZA) for the property requires that a minimum of 80 spaces be provided in a below grade parking facility in order to serve the residential units in the development. The Board finds that the ceiling height of the underground parking will extend no further than one foot above grade. The Board finds that the sole vehicular access to the underground parking facility will be provided via the Dubuque Street entrance to the Court Street Transportation Center (CSTC). Conclusions of Law: The Board concludes that due to the nature of the development and the number of residential units included, the proposed development will generate high demand for long -term parking that cannot be served solely through the present public parking system. The Board concludes that because the CZA allows the parking structure to extend no further than one foot above grade, and the only vehicular access to the facility will be through the Dubuque Street entrance to the Court Street Transportation Center, the parking structure will not interfere with the ground floor uses of the building nor will it detract from the safety of the pedestrian areas around the building. Thus, the Board concludes that the proposal meets the specific criteria for the provision of parking in the CB -10 zone. Moreover, for the above reasons, the Board concludes that the proposed exception will not be detrimental to the public health, safety, comfort or general welfare; it will not be injurious to the use and enjoyment of other property in the immediate vicinity; it will not substantially diminish or impair property values in the neighborhood; it will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the Al zone in which such property is located; and adequate utilities, access roads, drainage and other necessary facilities are being provided. Because ingress and egress for the facility will be provided via the Dubuque Street entrance to the CSTC, thereby avoiding any mid -block entry point along Burlington or Clinton Street where pedestrian and vehicle traffic are most concentrated, the Board concludes that potential traffic congestion and conflicts will be minimized. Because the underground parking structure preserves ground floor space for more intense commercial uses, the Board concludes that the special exception is consistent with the Comprehensive Plan, which encourages re- investment in the downtown and promotes growth in the Near Southside area. Disposition: By a vote of 5 -0 the Board approves a special exception to allow private, off - street parking in the Central Business (CB -10) zone at 314 and 328 S. Clinton Street, subject to general compliance with the application submitted. 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. Carol Alexander, Chairperson STATE OF IOWA ) JOHNSON COUNTY ) M I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 8th day of August, 2007, as the same appears of record in my Office. Datecpt Iowa &ity, this day of eVC `lW e r— , 2007 i1i !SJ Imo- ?� ^L Ga < Ma�-K. Karr, City Clerk` 0 V CORPORATE SEAL �1 Doc ID: 021003420011 Tvoe: GEN Recorded: 10/19/2007 at 12:34:35 PM Fee Amt: $57.00 Pace 1 of 11 Johnson Countv Iowa Kim Painter Countv Recorder BK4227 PG912.922 STATE OF IOWA ) ) SS JOHNSON COUNTY ) r , rlil� � 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 taste and correct copy of Ordinance No.07 -4284 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 16 °i day of October, 2007, all as the same appears of record in my office Dated at Iowa City, Iowa, this 18th day of October, 2007. Man'ATr-K. Katr City Clerk \ord a • , M I i F111 Prepared by: Sunil Terdalkar, Associate Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5243 ORDINANCE NO. n7-42,34 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 45.04 ACRES OF PROPERTY LOCATED EAST OF CAMP CARDINAL BOULEVARD AND SOUTH OF KENNEDY PARKWAY FROM INTERIM DEVELOPMENT OFFICE RESEARCH PARK (ID -ORP) ZONE TO MEDIUM DENSITY SINGLE - FAMILY RESIDENTIAL (RS -8) ZONE WITH A PLANNED DEVELOPMENT OVERLAY (OPD -8) ZONE FOR APPROXIMATELY 33.69 ACRES, INTERIM DEVELOPMENT SINGLE - FAMILY RESIDENTIAL (ID. IRS) ZONE FOR APPROXIMATELY 9.32 ACRES, AND INTERIM DEVELOPMENT OFFICE COMMERCIAL (ID -CO1) ZONE FOR APPROXIMATELY 2.03 ACRES. (REZ07- 00011) WHEREAS, the applicant, Southgate Development Services, LLC, has requested a rezoning of property located east of Camp Cardinal Boulevard and south of Kennedy Parkway from Interim Development Office Research Park (ID -ORP) zone to Medium Density Single- Family Residential (RS -8) zone with a Planned Development Overlay (OPD -8) zone for approximately 33.69 acres, Interim Development Single - Family Residential (ID -RS) zone for approximately 9.32 acres, and Interim Development Office Commercial (ID- 001) zone for approximately 2.03 acres; and WHEREAS, the Comprehensive Plan indicates that the land is suitable for office and research park type uses, but recognizing the development of Oakdale Campus north of Interstate 80, and the existence of environmentally sensitive areas, the plan also indicates that low to medium density clustered residential development may be appropriate for the area; and WHEREAS, the City adopted'a vision plan —Clear Creek Master Plan —in 2002, which considered the possible street layouts and mix of uses and densities, while minimizing the impact on the environmentally sensitive areas; and WHEREAS, the applicant has submitted a preliminary sensitive areas development plan showing a clustered residential subdivision of 73 townhouse -style multi - family dwellings, 17 attached single- family zero - lot line dwellings and 18 single- family dwellings, and outlots for public open space and preservation of environmentally sensitive areas as private open space; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan and the Clear Creek Master Plan provided that it meets conditions addressing the timely installation of infrastructure improvements and construction of Kennedy Parkway; 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 and the applicant acknowledge that certain conditions and restrictions are reasonable to ensure orderly development, adequate neighborhood connectivity, and to achieve the Comprehensive Plan goals; and WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. Al Ordinance No. 07 -4284 Page 2 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 Interim Development Office Research Park (ID -ORP) zone to Medium Density Single - Family Residential (RS -8) with a Planned Development Overlay (OPD -8) zone for approximately 33.69 acres, Interim Development Single- Family Residential (ID -RS) zone for approximately 9.32 acres, and Interim Development Office Commercial (ID -001) zone for approximately 2.03 acres: ID -ORP to OPD -8 COMMENCING AT THE CENTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N89 °25'22 "E, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF 1749.4 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT -OF -WAY LINE OF CAMP CARDINAL BOULEVARD; THENCE NORTHWESTERLY, 50.0 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 50.0 FOOT CHORD BEARS N00 007'16 "W, TO THE POINT OF BEGINNING; THENCE NORTHWESTERLY, 380.0 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 376.0 FOOT CHORD BEARS N16 019'46 "W; THENCE N30 039'08 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 30.9 FEET; THENCE NORTHEASTERLY, 31.4 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N14 °20'52 "E; THENCE N59 °20'52 "E, ALONG SAID EAST RIGHT -OF -WAY LINE, 20.0 FEET; THENCE N30 039'08 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 60.0 FEET; THENCE S59 020'52 "W, ALONG SAID EAST RIGHT -OF- WAY LINE, 20.0 FEET; THENCE NORTHWESTERLY, 31.4 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 28:3 FOOT CHORD BEARS N75 °39'08 "W; THENCE N30 °39'08 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 286.3 FEET; THENCE NORTHWESTERLY, 366.8 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 660.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 362.1 FOOT CHORD BEARS N14 °43'50 "W; THENCE N01 011'28 "E, ALONG SAID EAST RIGHT -OF -WAY LINE, 364.9 FEET; THENCE S89 °39'51 "E, 294.4 FEET; THENCE N00 °20'09 "E, 64.7 FEET; THENCE NORTHWESTERLY, 163.5 FEET, ALONG AN ARC OF A 750.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 163.2 FOOT CHORD BEARS N05 °54'30 "W; THENCE N12 009'09 "W, 111.7 FEET; THENCE NORTHEASTERLY, 87.1 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 87.0 FOOT CHORD BEARS N75 °21'12 "E; THENCE NORTHEASTERLY, 51.0 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 51.0 FOOT CHORD BEARS N74 019'08 "E; THENCE S14 013'17 "E, 165.3 FEET; THENCE N80 050'07 "E, 131.5 FEET; THENCE S23 044'18 "E, 37.2 FEET; THENCE S82 035'11 "E, 173.9 FEET; THENCE S27 °22'19 "E; 813.8 FEET; THENCE S44 052'16 "E, 219.0 FEET; THENCE S00 036'32 "W, 401.7 FEET; THENCE S59 °57'49 "W, 654.1 FEET; THENCE S89 025'22 "W, 300.3 FEET, TO SAID POINT OF BEGINNING, CONTAINING 33.69 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. ID -ORP to ID -RS COMMENCING AT THE CENTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N89 025'22 "E, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF 1749.4 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT -OF -WAY LINE OF CAMP CARDINAL BOULEVARD; THENCE NORTHWESTERLY, 50.0 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 50.0 FOOT CHORD BEARS N00 007'16 "W; THENCE NORTHWESTERLY, 380.0 FEET, ALONG SAID EAST RIGHT - OF -WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 376.0 FOOT CHORD BEARS N16 019'46 "W; THENCE N30 °39'08 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 30.9 FEET; THENCE NORTHEASTERLY, 31.4 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE SAPMStaff Reports\ORMORD REZ07 -00011 CardinalftntSouth.do Ordinance No. 07 -4284 Page 3 SOUTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N14 °20'52 "E; THENCE N59 °20'52 "E, ALONG SAID EAST RIGHT -OF -WAY LINE, 20.0 FEET; THENCE N30 °39'08 "W, ALONG SAID EAST RIGHT -OF- WAY LINE, 60.0 FEET; THENCE S59 °20'52 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 20.0 FEET; THENCE NORTHWESTERLY, 31.4 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N75 039'08 "W; THENCE N30 039'08 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 286.3 FEET; THENCE NORTHWESTERLY, 366.8 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 660.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 362.1 FOOT CHORD BEARS N14 043'50 "W; THENCE N01 011'28 "E, ALONG SAID EAST RIGHT -OF -WAY LINE, 420.6 FEET; THENCE NORTHWESTERLY, 179.4 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 2550.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 179.4 FOOT CHORD BEARS N00 049'29 "W; THENCE NORTHEASTERLY, 62.6 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 40.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 56.4 FOOT CHORD BEARS N42 001'38 "E; THENCE N86 053'42 "E, ALONG SAID EAST RIGHT -OF -WAY LINE, 20.0 FEET; THENCE NO3 006'18 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 33.0 FEET; THENCE N86 053'42 "E, 43.6 FEET; THENCE NORTHEASTERLY, 245.0 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 244.4 FOOT CHORD BEARS N79 052'37 "E; THENCE NORTHEASTERLY, 51.0 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 51.0 FOOT CHORD BEARS N74 °19'08 "E, TO THE POINT OF BEGINNING; THENCE SOUTHEASTERLY, 582.9 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 574.7 FOOT CHORD BEARS S87 °31'24 "E; THENCE SOUTHEASTERLY, 252.5 FEET, ALONG AN ARC OF A 793.4 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 251.4 FOOT CHORD BEARS S79 °56'28 "E; THENCE S00 036'32 "W, 30.0 FEET; THENCE S89 023'28 "E, 5.0 FEET; THENCE SOUTHEASTERLY, 31.4 FEET, ALONG AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 28.3 FOOT CHORD BEARS S44 023'28 "E; THENCE S00 036'32 "W, 111.0 FEET; THENCE S89 °23'28 "E, 50.0 FEET; THENCE S00 036'32 "W, 842.3 FEET; THENCE N44 052'16 "W, 219.0 FEET; THENCE N27 022'19 "W, 812.8 FEET; THENCE N82 035'11 "W, 173.9 FEET; THENCE N23 044'18 "W, 37.2 FEET; THENCE S80 050'07 "W, 131.5 FEET; THENCE N14 013'17 "W, 165.3 FEET, TO SAID POINT OF BEGINNING, CONTAINING 9.32 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. ID -ORP to ID -001 COMMENCING AT THE CENTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N89 °25'22 "E, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF 1749.4 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT -OF -WAY LINE OF CAMP CARDINAL BOULEVARD; THENCE NORTHWESTERLY, 50.0 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 50.0 FOOT CHORD BEARS N00 007'16 "W; THENCE NORTHWESTERLY, 380.0 FEET, ALONG SAID EAST RIGHT - OF -WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 376.0 FOOT CHORD BEARS N16 019'46 "W; THENCE N30 °39'08 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 30.9 FEET; THENCE NORTHEASTERLY, 31.4 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N14 °20'52 "E; THENCE N59 020'52 "E, ALONG SAID EAST RIGHT -OF -WAY LINE, 20.0 FEET; THENCE N30 °39'08 "W, ALONG SAID EAST RIGHT -OF- WAY LINE, 60.0 FEET; THENCE S59 020'52 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 20.0 FEET; THENCE NORTHWESTERLY, 31.4 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N75 039'08 "W; THENCE N30 039'08 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 286.3 FEET; THENCE NORTHWESTERLY, 366.8 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 660.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 362.1 FOOT CHORD BEARS N14 043'50 "W; THENCE N01 °11'28 "E, ALONG SAID EAST RIGHT -OF -WAY LINE, 364.8 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING, N01 °11'28 "E, ALONG SAID EAST RIGHT - OF -WAY LINE, 55.8 FEET; THENCE NORTHWESTERLY, 179.4 FEET, ALONG SAID EAST RIGHT -OF- WAY LINE, AND AN ARC OF A 2550.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 179.4 FOOT CHORD BEARS N00 049'29 "W; THENCE NORTHEASTERLY, 62.6 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 40.0 FOOT RADIUS CURVE, CONCAVE S:NCD \Staff Reports\ORDIORD REZ07 -00011 CardlnalftntSoulh.doo 4 Ordinance No. 07 -4284 Page 4 SOUTHEASTERLY, WHOSE 56.4 FOOT CHORD BEARS N42 °01'38 "E; THENCE N86 °53'42 "E, ALONG SAID EAST RIGHT -OF -WAY LINE, 20.0 FEET; THENCE NO3 °06'18 "W, ALONG SAID EAST RIGHT -OF- WAY LINE, 33.0 FEET; THENCE N86 °53'42 "E, 43.6 FEET; THENCE NORTHEASTERLY, 157.9 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 157.7 FOOT CHORD BEARS N82 °22'17 "E; THENCE S12 °09'09 "E, 111.7 FEET; THENCE SOUTHEASTERLY, 163.5 FEET, ALONG AN ARC OF A 750.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 163.2 FOOT CHORD BEARS S05 054'30 "E; THENCE S00 °20'09 "W, 64.7 FEET; THENCE N89 039'51 "W, 294.4 FEET, TO SAID POINT OF BEGINNING, CONTAINING 2.03 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(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI, SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 1 6th day of October 20_nL. 6 IUA�,, MAYOR ATTEST: cc�` CITY,CLERK Approved by City Attorney's Office 91a07 CORPORATE SEAL S:TCD \Staff Reports \ORD\ORD REZ07 -00011 CardinaftintSouth.doc 11 d Ordinance No. 07 -4284 Page 5 It was moved by Bailey and seconded by Vanderhoef that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Elliott x O'Donnell x Vanderhoef x Wilburn First Consideration 9/18/2007 Voteforpassage: AYES: Champion, Correia, Bailey. NAYS: None. ABSENT: None, Second Consideration 10/2/2007 Vote`ferrpassage: AYES: Champion, Correia, Bailey. NAYS: None. ABSENT: None. Date published 10/24/2007 Elliott, O'Donnell, Vanderhoef,Wilburn, Elliott, O'Donnell,, Vanderhoef, Wilburn, 4 Prepared by: Sunil Terdalkar, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5243 (REZ07- 00011) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and The Crossing Development LC (hereinafter "Owner ") and Southgate Development Services, LLC (hereinafter "Applicant "); WHEREAS, Owner is the legal title holder of approximately 45.04 acres of property located east of Camp Cardinal Boulevard and south of Kennedy Parkway and as legally described below; and WHEREAS, the Applicant with the Owner's consent has requested the rezoning of said property from Interim Development Office Research Park (ID -ORP) zone to Medium Density Single - Family Residential (RS -8) zone with a Planned Development Overlay (OPD -8) zone for approximately 33.69 acres, Interim Development Single- Family Residential (ID -RS) zone for approximately 9.32 acres, and Interim Development Office Commercial (ID -CO1) zone for approximately 2.03 acres; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions addressing the timely installation of infrastructure improvements and construction of Kennedy Parkway, the proposed rezoning complies with the Comprehensive Plan and the Clear Creek Master 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, the Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for orderly development, neighborhood compatibility, and adequate connectivity; and WHEREAS, the Owner and Applicant agree 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. The Crossing Development LC is the legal title holder of the property legally described as follows: COMMENCING AT THE CENTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N89 025'22 "E, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF 1749.4 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT -OF -WAY LINE OF CAMP CARDINAL BOULEVARD; THENCE NORTHWESTERLY, 50.0 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 50.0 FOOT CHORD BEARS ppdadMa9Vcza rez07- 00011 cardnalpointsWh doc I . ` o N00 °07'16 "W, TO THE POINT OF BEGINNING; THENCE NORTHWESTERLY, 380.0 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 376.0 FOOT CHORD BEARS N16 °19'46 "W; THENCE N30 039'08 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 30.9 FEET; THENCE NORTHEASTERLY, 31.4 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N14 020'52 "E; THENCE N59 °20'52 "E, ALONG SAID EAST RIGHT -OF -WAY LINE, 20.0 FEET; THENCE N30 °39'08 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 60.0 FEET; THENCE S59 020'52 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 20.0 FEET; THENCE NORTHWESTERLY, 31.4 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N75 039'08 "W; THENCE N30 °39'08 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 286.3 FEET; THENCE NORTHWESTERLY, 366.8 FEET, ALONG SAID EAST RIGHT - OF -WAY LINE, AND AN ARC OF A 660.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 362.1 FOOT CHORD BEARS N14 °43'50 "W; THENCE N01 °11'28 "E, ALONG SAID EAST RIGHT -OF -WAY LINE, 420.6 FEET; THENCE NORTHWESTERLY, 179.4 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 2550.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 179.4 FOOT CHORD BEARS N00 049'29 "W; THENCE NORTHEASTERLY, 62.6 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 40.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 56.4 FOOT CHORD BEARS N42 °01'38 "E; THENCE N86 °53'42 "E, ALONG SAID EAST RIGHT -OF -WAY LINE, 20.0 FEET; THENCE NO3 °06'18 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 33.0 FEET; THENCE N86 °53'42 "E, 43.6 FEET; THENCE NORTHEASTERLY, 245.0 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 244.4 FOOT CHORD BEARS N79 052'37 "E; THENCE SOUTHEASTERLY, 633.8 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 623.3 FOOT CHORD BEARS S88 °58'59 "E; THENCE SOUTHEASTERLY, 252.5 FEET, ALONG AN ARC OF A 793.4 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 251.4 FOOT CHORD BEARS S79 °56'28 "E; THENCE S00 036'32 "W, 30.0 FEET; THENCE S89 °23'28 "E, 5.0 FEET; THENCE SOUTHEASTERLY, 31.4 FEET, ALONG AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 28.3 FOOT CHORD BEARS S44 023'28 "E; THENCE S00 °36'32 "W, 111.0 FEET; THENCE S89 °23'28 "E, 50.0 FEET; THENCE S00 °36'32 "W, 1244.0 FEET; THENCE S59 057'49 "W, 654.1 FEET; THENCE S89 025'22 "W, 300.3 FEET, TO SAID POINT OF BEGINNING, CONTAINING 45.04 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owner and Applicant acknowledges) that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the need for orderly development, neighborhood compatibility, and adequate connectivity. 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 and Applicant agree(s) that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. the section of Kennedy Parkway between Camp Cardinal Road and Camp Cardinal Boulevard will be platted, and the necessary right -of -way will be dedicated and a letter of credit for the cost of installing the water main in this section of the street will be provided at the time of final plat approval; ppdadrNa9Veza rez 7-Ml I cardnelpoinlsouth doe 2 lk q b. installation of the sub -grade for this section of Kennedy Parkway will be constructed by the applicant and /or owner prior to January 1, 2009; c. this section of Kennedy Parkway will be constructed when the school site (located north of Kennedy Parkway) is developed, or Outlot C of Cardinal Pointe South is developed, whichever occurs first, but in no case shall the road be constructed later than January 1, 2010; and d. if the sub -grade is not constructed prior to January 1, 2009, or if the road is not built prior to January 1, 2010, issuance of building permits will cease for Cardinal Pointe South subdivision. 4. The Owner and Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2007), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and Applicant, and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. The Owner and Applicant acknowledge(s) that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. f4 Dated this /6 day of berom ie '20 07 . CIT OWA CI� Ross Wilburn, Mayor Attest: Marian K. Karr, City Clerk By: aa " e— L.Cr Approved by: ,--rer 6.SA �Vloe2v� uxea6 Txesx6apr SotkTMG*TZ - Oevelopwfor SEevw4ds, LLr, City Attorney's Office 9IIti/(,r7 CORPORATE SEAL ppdadMagVaa rez0T-00011c rd nalp6nlsWh.do 3 0 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 1104' day of 0cro5E2 , A.D. 20_vj_ before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. F*ow7 SONDRAE FORT c� [' mot.., M mCommid00 58591 S°"a"�- Fe4 Notary Public in and for the State of Iowa My commission expires: 3171Q005 THE CROSSING DEVELOPMENT LC ACKNOWLEDGEMENT: STATE OF IOWA ) ) Ss: JOHNSON COUNTY On this _A% day of pbLbabj! , A.D. 20 _n, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared -t)Q111L'*A cia "r-n to me personally known, who being by me duly sworn, did say that the person is (title) of and that said instrument was signed on behalf of the said limited iab� ility company by authority of its managers and the said acknowledged the execution of said instrument to be the voluntary act and deecltof said limited liability company by it voluntarily executed. ANGELA JACOBY Comm's+bn Nwneer] nibs �w , MyCmmmesbn Eipees jrons .-.3. Notary Pu lic in and Or the Stat (Yof Iowa My commission expires: SOUTHGATE DEVELOPMENT SERVICES LLC ACKNOWLEDGEMENT: STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this V_ day of CzmbV , A.D. 20jDj, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared �?YPQ�GL � orrow to me personally known, who being by me duly sworn, did say that the person is y►Cf, �yQS1d._Y1+ (title) of Sept &.}t bWWnn.FAvV, and that said instrument was signed on behalf of the ppda nlagV.a rez07-00011 c rdmlpointsm d. 4 1 a said limited liability company by authority of its managers and the said V ICE DYES IAe yi+ acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. ANGELA JACOBY �gp ^ Aty Commksion" 'Fw' os� Notary Public in and Oor the State of Iowa My commission expires: ppdadnVagVua ruOM 011c rdm!poiniso ffi do 0 /' rr r Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5240 (SUB05- 00027) RESOLUTION NO. 07 -294 RESOLUTION APPROVING FINAL PLAT OF JJR DAVIS FOURTH ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, James R. Davis, Robert A. Davis and Jan Ellen Smith, filed with the City Clerk the final plat of JJR Davis Fourth Addition, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson County, Iowa, to wit: Outlot "A" of JJR Davis Second Addition, Iowa City, Iowa, according to the Plat thereof recorded in Plat Book 49, Page 101, of the Records of the Johnson County Recorder's office, which Outlot "A" is a portion of the Southeast Quarter of the Northeast Quarter and a Portion of the Northeast Quarter of the Southeast Quarter of Section 20, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa. Said Outlot "A" contains 6.68 acres, more or less, and is subject to 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 (2003) 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 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. 4 Resolution No. 07 -294 Page 2 Passed and approved this 2nd day of October —,20 oo7 R�-� Li MA OR Approved by C ATTEST: �� ICx u��J 2' `X�y� /(� , _'� LJf 31eo CIT LERK City Attorney's Office It was moved by C a, p; an and seconded by O'Donnell the Resolution be adopted, and upon roll 11 there were: AYES: x x —x — x x x x ppdadmiNresljrdavis final plat.doc NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn 1 ` OPINION OF ATTORNEY JJR DAVIS FOURTH ADDITION, IOWA CITY, IOWA, A RESUBDIVISON OF OUTLOT "A" OF JJR DAVIS SECOND ADDITION I, Thomas H. Gelman, a regular practicing attorney in Iowa City, Johnson County, Iowa, do hereby certify that I have examined an Abstract of Title to the following described real estate, to -wit: Outlot "A" of JJR Davis Second Addition, Iowa City, Iowa, according to the Plat thereof recorded in Plat Book 49, Page 101, of the Records of the Johnson County Recorder's office, which Outlot "A" is a portion of the Southeast Quarter of the Northeast Quarter and a Portion of the Northeast Quarter of the Southeast Quarter of Section 20, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa. Said Outlot "A" contains 6.68 acres, more or less, and is subject to easement and restrictions of record. It is hereby certified that fee simple title to said property, to become known as JJR Davis Fourth Addition, Iowa City, Iowa, is in Jan Ellen Smith, Robert A. Davis and James R. Davis and in Harold John Dane, Jr. and Allegra G. Dane, husband and wife, free and clear of all liens and encumbrances. Dated at Iowa City, Iowa, this 2&0-^ day of -, 2007. Thomas H. Gelma Phelan, Tucker, Wien, Walker, Tucker & Gelm , L.L.P. Box 2150 Iowa City, IA 52244 CERTIFICATION AND DEDICATION OF JJR DAVIS FOURTH ADDITION, IOWA CITY, IOWA, A RESUBDIVISION OF OUTLOT "A" OF JJR DAVIS SECOND ADDITION KNOW ALL PERSONS BY THIS DOCUMENT: The undersigned James R. Davis, Robert A. Davis and Jan Ellen Smith, and Harold John Dane, Jr. and Allegra G. Dane, husband and wife, (the "Owners ") do hereby certify and state that the Owners are the owners of the following described real estate situated in Johnson County, Iowa, to -wit: Outlot "A" of JJR Davis Second Addition, Iowa City, Iowa, according to the Plat thereof recorded in Plat Book 49, Page 101, of the Records of the Johnson County Recorder's office, which Outlot "A" is a portion of the Southeast Quarter of the Northeast Quarter and a Portion of the Northeast Quarter of the Southeast Quarter of Section 20, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa. Said Outlot "A" contains 6.68 acres, more or less, and is subject to easement and restrictions of record. The undersigned do further state that the subdivision of said real estate as it appears on the plat of JJR Davis Fourth Addition, to which this certification and dedication is attached, is with the Owners' free consent and in accordance with the Owners' desire. All streets and easements in the subdivision hereafter known and designated as JJR Davis Fourth Addition, Iowa City, Iowa, as may be shown on the plat are hereby dedicated to the public as provided by Chapter 354 of the 2005 Code of Iowa, as amended. The Owners have signed this Certificate and Dedication on this day of .2006. (The remainder of this page is left intentionally blank) to OWNERS �Ojvl_ ff"t4c Jan Ellen Smith 0' Robert A. Davis ames R. Davis Pa f' avis Barbara Davis Harold John Dane, Jr. ' Allegra G. Dane State of Iowa, County of Johnson, ss: On this day of a , 2006, before me, a notary public for said state, personally appeared Robert A. avis and Patti Davis, husband and wife, to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. I7I � i State of Iowa, County of Johnson, ss: On this a1 S day of 2006, before me, a notary public for said state, personally appeared James R. bavis and Barbara Davis, husband and wife, to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. i saidl9tate r State of Colorado, County of Boulder, ss: On this _ U�- day of ' 2006, before me, a notary public for said state, personally appeared Jan Ellen Sm h and Eric Smith, wife and husband, to me known to be the persons named in and w o executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Nota Public for s2ja State MY GOMMIS81011 Expires t?1/31/2w7 Sta of Iowa, County of Johnson, ss: On this ----day-of , 2006, before me, a notaryppublic for said state, personally appeare John Dane, Jr. and Allegra G afbe, husband and wife, to me known to be the persons in and wh cuted the foregoing instrument, and acknowledged that they executed th e atheir voluntary act and deed Notary Public for said State OWNERS Jan Ellen Smith Robert James R. Davis c Harold Joh ane, Jr. State of Iowa, County of Johnson, ss: On this — `__dglr of said state, personally appeare St me known to be the persons named acknowledged that they executed tlf state- of _low-a, County of Johnson, ss: same as their Eric Smith Patti Davis 2007, b-efo no public for attr Davis, husband and wife, to eu d the foregoing instrument, and roluntary d deed. Notary Public for said State On this day of O�efore me, a notary public for said state, personally appeared James avis an rb ra Davis, husband and wife, to me known to be the person n ed in and who execute regoing instrument, and acknowledged that fhe executed the same as their voluntary act an ed. Notary Public for said State W, Sttte-of Colorado, County of Boulder, ss: On this day of said state, personally appea me known to be the persons acknowledged that they exec _ 2-007,-before me, a notary public for nd Eric Smith, wife and husband, to executed the foregoing instrument, and eir voluntary act and deed. Notary Public for said State State of; 4 County of 36W\ , ss: On this day of 2007, before me, a notary public for said state, personally appeared Harold John Dane, Jr. and Allegra G. Dane, husband and wife, to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public for said State SUSAN ETHOMAS I\t \AL sF Gommisslon Number 738889 o r m Iss�on ExP�res z � /OWP 3 e CERTIFICATE OF TREASURER JJR DAVIS FOURTH ADDITION, IOWA CITY, IOWA, A RESUBDIVISION OF OUTLOT "A" OF JJR DAVIS SECOND ADDITION I, Thomas L. Kriz, hereby certify that I am the County Treasurer of Johnson County, Iowa, and that the property described as follows, to -wit: Outlot "A" of JJR Davis Second Addition, Iowa City, Iowa, according to the Plat thereof recorded in Plat Book 49, Page 101, of the Records of the Johnson County Recorder's office, which Outlot "A" is a portion of the Southeast Quarter of the Northeast Quarter and a Portion of the Northeast Quarter of the Southeast Quarter of Section 20, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa. Said Outlot "A" contains 6.68 acres, more or less, and is subject to easement and restrictions of record, and shown on the attached plat and known and designated as JJR Davis Fourth Addition, Iowa City, Iowa, is free from taxes. Dated at Iowa City, Iowa, this. I — day of n crOb2r` , 2007. (Seal) Thomas L. Kriz County Treasurer, Iowa Parcel Nos. 1020406100 and 1020180100 V�\ CERTIFICATE OF COUNTY AUDITOR JJR DAVIS FOURTH ADDITION, IOWA CITY, IOWA, A RESUBDIVISON OF OUTLOT "A" OF JJR DAVIS SECOND ADDITION I, Tom Slockett, the Johnson County Auditor, hereby approve of JJR Davis Fourth Addition, Iowa City, Iowa, A Resubdivision of Outlot "A" of JJR Davis Second Addition as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: Outlot "A" of JJR Davis Second Addition, Iowa City, Iowa, according to the Plat thereof recorded in Plat Book 49, Page 101, of the Records of the Johnson County Recorder's office, which Outlot "A" is a portion of the Southeast Quarter of the Northeast Quarter and a Portion of the Northeast Quarter of the Southeast Quarter of Section 20, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa. Said Outlot 'W' contains 6.68 acres, more or less, and is subject to easement and restrictions of record. Tom Slockett, Johnson County (seal) 1(91110-7- bat SUBDIVIDER'S AGREEMENT JJR DAVIS FOURTH ADDITION, IOWA CITY, IOWA, A RESUBDIVISION OF OUTLOT "A" OF JJR DAVIS SECOND ADDITION THIS AGREEMENT made by and between Jan Ellen Smith, Robert A. Davis and James R. Davis, and Harold John Dane, Jr. and Allegra G. Dane, husband and wife, hereafter called "Subdivider", and the City of Iowa City, Iowa, a municipal corporation hereafter called the "City". Subdivider is the developer of the subdivision and the owner of all of the subdivision. IT IS HEREBY AGREED AS FOLLOWS: Section 1. Public Improvements. In consideration of the City approving the Plat of JJR Fourth Addition, Iowa City, Iowa, hereafter "the Subdivision ", the Subdivider agrees as a covenant running with the land as follows: A. Subject to Section 5, the City shall not issue a Building Permit for any of the lots in the subdivision unless and until water mains, sanitary sewers, storm sewers, a relocated storm water management basin (see Section 2), and concrete street paving of Grace Drive, hereafter "Improvements ", have been installed in the subdivision as required by the City's Subdivision Ordinance, and until said Improvements have been accepted by the City, and subdivision erosion control measures have been installed as required by the City under its ordinances. Subdivider shall have no obligation for the improvement of Dane Road in connection with the installation of Improvements required for the Subdivision Nothing in this Agreement shall be construed to impose a requirement on the City to install the original Improvements at issue herein. Nor shall the Subdivider be deemed acting as the City's agent during the original construction and installation of said Improvements. The parties agree that the obligation to install the Improvements herein shall be in accordance with City specifications, and the obligation to install said Improvements shall remain with the Subdivider until completion by the Subdivider, and until acceptance of the Improvements by the City, as provided by law. Section 2. Storm Water Management. In connection with JJR Davis Addition, off -site storm water detention basin improvements were installed as provided in the "Off -Site Storm Water Detention Basin Easement Pertaining to Auditor's Parcel No. 20031008 and other Real Estate in Iowa City, Iowa" as recorded on December 12, 2003 in Book 3673 at pages 932 -936 of the Records of Johnson County, Iowa, to service the storm water management needs of real estate including all Lots within the Subdivision, Lot 1 of JJR Davis Addition, all of JJR Davis Second Addition, Lot 1 of JJR Davis Third Addition (the stormwater detention for Lot 2 of JJR Davis Third Addition is provided /compensated for by the storm water detention facility proposed for JJR Davis Addition) and other real estate referred to in said Easement document. The storm water basin easement area and improvements have been previously located within the Subdivision. The Subdivider reserved the right to relocate the storm water management detention basin and easement area from such location provided the �(A Subdivider (and /or other owners benefited by the facilities) pays all expenses of relocation and obtain the City's approval and acceptance of the alternate site, facilities and easement therefore. The Subdivider, in connection with the Subdivision, wishes to so relocate the storm water management facilities and the City approves the alternate location shown on the Off -site Storm Sewer and Storm Water Detention Basin Easement Agreement filed with the Final Plat of the Subdivision, which easement agreement has also been approved by the City. The Subdivider shall be required to install the relocated storm water management detention facilities, hereafter "Facilities ". The Subdivider has granted or otherwise obtained off -site easement for the Facilities as well as for the necessary storm sewer pipes and /or drainage ways needed to convey storm water to such off -site management basin. The easement(s) shall grant to the City the right to maintain such areas after the initial installation of all required improvements therein, provided, however, the obligation for maintaining the off -site storm water basin easement area shall be upon the owners of all Lots in the Subdivision, the owner of Lot 1 in JJR Davis Addition, the owners of all Lots within JJR Davis Second and Third Additions and owners of other land serviced by such off -site storm water basin easement area (which may be satisfied through performance by an owners association of such lot and land owners). After installation of the initial storm water detention Facilities by the Subdivider, and acceptance by the City, the City shall thereafter only have the obligation to maintain the outlet and the outlet line within the detention facility in the off -site easement area. If the obligation to maintain a detention facility is not met, the City may, after reasonable written notice to the owner(s) of the applicable lot(s), perform the necessary maintenance work and assess the cost of such work against the property served by the detention facility and the owners of which who have the obligation to maintain said detention facility, in the same manner as a property tax, as provided by State law. Section 3. Construction of Improvements. All Improvements and Facilities 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 is in compliance with said plans and specifications. Section 4. Sidewalks. The Subdivider agrees that sidewalks are to be installed abutting Lots 1, 2 and 4 in the Subdivision adjacent to Grace Drive, abutting Lot 3 adjacent to Eagle View Drive, and also along the north side of Grace Drive between the easterly line of Lot 1 and the westerly right -of -way line of Dane Road. Said sidewalks shall be at least four feet in width according to specifications approved by the City Engineer of the City of Iowa City, Iowa. The sidewalks shall be installed in the Subdivision covered by this Agreement as required by Sections 14 -1C -1, 2 and 3 and Section 14 -7C -5, Iowa City Code of Ordinances, and shall remain a lien on each abutting platted lot until installed and released by the City, and 6 the Release is duly recorded in the Johnson County Recorder's Office. The sidewalk along the north side of Grace Drive, east of Lot 1 shall be installed when Grace Drive is paved. The Subdivider, or the successor owner of Lots 1, 2, 3 and 4, shall install the sidewalk abutting each lot when such lot is developed. Section 5 Building Permits and Escrow Monies. In the event the Subdivider, its assigns or successors in interest should desire a building permit on any lot in the Subdivision before the Improvements or Facilities have been installed, the Subdivider, its assigns or successors in interest, shall deposit with the City Finance Department, in escrow, an amount equal to 110% of the estimated cost of said Improvements as determined by the City Engineer (hereafter "Improvements Escrow"). In addition to the Improvements Escrow, if Subdivision Erosion Control measures have not been installed, with ground cover established, the City may require, as a condition to the issuance of the building permit for construction within the development site, that the Developer deposit in escrow with the City the sum of $2,000.00 (hereinafter "Erosion Clean -up Escrow") to assure reimbursement for the cost of cleaning public streets, storm sewers, gutters or catch basins, which may be incurred by the City as a result of erosion from the development site. The Developer agrees to accept responsibility for the cost of such clean -up, and to the extent that the Developer fails to accomplish erosion clean -up after reasonable notice from the City, the City is hereby authorized, but not obligated, to do the work and to charge the cost thereof to the Erosion Clean -up Escrow and, if the Escrow is inadequate, to charge any excess costs to the Developer. If the Erosion Clean -up Escrow is insufficient to pay the costs incurred by the City, the Developer shall promptly reimburse the City for the excess costs incurred. The unused balance of the Erosion Clean -up Escrow shall be returned to the Developer after erosion control measures have been installed and groundcover has been established by growth. Section 6. Occupancy Permit. Prior to the issuance of an occupancy permit for any structure erected pursuant to Section 5, the City in its discretion may require the Subdivider, its assigns or successors in interest, to construct and install the Improvements as stated in Section 1 and the Facilities stated in Section 2, except to the extent the City may permit the Subdivider to delay such installation and escrow monies for the incomplete Improvements. One or more occupancy permits may be issued before completion of all Public Improvements within the Subdivision provided i) the Owner of such lot has completed its obligation to install sidewalks on such lot (or, if permissible to the City, escrowed sufficient funds for completion of such sidewalks) and ii) the Subdivider has complied with the City's escrow requirement. Section 7. Use of Escrow Monies. If, after the issuance of an occupancy permit, the Improvements or Facilities have not been constructed and installed, the City may use funds deposited in the Improvements 4\ Escrow to construct and install such Improvements. If the cost of the construction and installation of said Improvements exceeds the amount of said escrow, the City shall have a lien and charge against all the lots in the subdivision for the balance of the cost. After the construction and installation of the Improvements, the City shall refund to the Subdivider any Improvements Escrow monies not used by the City for the construction and installation of such Improvements and /or Facilities. Section 8. Waiver. If Subdivider sells or conveys Lots in said subdivision without constructing or installing the Improvements or Facilities; or the Subdivider or lot owner fails to construct sidewalks required in Section 4 hereof, the City shall have the right to install and construct said Improvements, Facilities or sidewalks. Subdivider acknowledges and agrees that all lots in the Subdivision are specifically benefited by the Improvements and Facilities so that the cost of the installation shall be a lien and charge against all such lots. The cost of Improvements need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. The cost of installing the sidewalks shall be a lien and charge only against the lot or lots abutting or in front of which such sidewalks are to be installed. It is further provided that these requirements to construct the Improvements, Facilities and sidewalks shall remain a lien against lots in the subdivision from the date of execution of this Agreement until properly released, as hereafter provided. Section 9. Release. The City agrees that when the Improvements and Facilities have been installed as required to the satisfaction of the City, the City will, upon request, promptly issue to the Subdivider, for recording in the Office of the Johnson County Recorder, a good and sufficient release for the lots in the subdivision so that this Agreement will not constitute a cloud upon the title of the lots in the subdivision. Separate sidewalk lien releases shall be issued for individual lots when appropriate. The City Manager or designee is hereby authorized to execute the releases contemplated by this Section. This section also authorizes the execution of one or more Limited Release Agreements based on the use of escrows for improvements as contemplated in Sections 5 and 6 above as may be acceptable to the City. Section 10. Storm Water Control Facilities Release. With respect to the Subdivider's obligation to construct the Storm Water Control Facilities, the City agrees to provide a partial release for the development from any liens or clouds on title to the development by reason of such storm water management obligations, provided the City Engineer certifies that the following conditions and /or events have occurred: A. The Facilities have been substantially completed. B. An escrow amount has been established with the City in an amount not less than $5,000 to which the City's lien should attach immediately upon 4 execution or recording of the partial release. The City agrees to issue a total release for the Facilities upon certification by the City Engineer, in writing, that all of the following events and /or conditions have been substantially completed: A. Permanent ground cover is established and mowable. B. Erosion and sedimentation are controlled in conformance with the approved plans and specifications. C. The facilities are complete. D. All land within the tributary area in the Development has been developed. The Mayor is hereby authorized to execute all releases provided for in this Section with the concurrence of the City Engineer and the City Attorney. Section 11. Street Maintenance and Public Services. 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 the concrete street (Grace Drive) is installed and accepted by the City. Section 12. City's Release of Previously Granted Easements Affecting the Subdivision. In consideration of the Subdivider granting replacement easements in connection with the Final Plat of JJR Davis Fourth Addition, the City of Iowa City does hereby release the following easements previously granted within Outlot "A" of JJR Davis Second Addition: a) Storm Sewer Easement area shown and identified on the Final Plat of the Subdivision as "Existing 15.0' Storm Sewer Easement To Be Released ", over Lots 3 and 4 of JJR Davis Fourth Addition; b) Sanitary sewer easement area shown and identified on the Final Plat of the Subdivision as "Existing 20.00' Sanitary Sewer Easement To Be Released ", over Grace Drive of JJR Davis Fourth Addition; C) Storm Water Management Facility Easement areas shown and identified respectively on the Final Plat of the Subdivision as "Existing Storm Water Management Easement to be Released" and "Existing Storm Water Management Facility Easement To Be Released ", over Lots 1, 2, 3 and 4 of JJR Davis Fourth Addition (there are no longer any Storm Water Management or Storm Water Management Facility easements within Lots 1, 2, 3 or 4 of the Subdivision — the Existing Storm Sewer easements are not intended to be released). 0 d) Additionally, upon the completion of the installation of Grace Drive through the Subdivision and the City's acceptance of such improvements, the 'Temporary Turnaround Easement' as shown on the Final Plat of the JJR Davis Second Addition shall be no longer needed and shall be deemed fully released. Section 13. Miscellaneous. Subdivider is obligated to pay a water main extension fee in the amount of $5,830.20 ($395.00 /acre x 14.76 acres) to the City pursuant to the City Code in connection with JJR Davis Second Addition (including Outlot "A "). No additional water main extension fee is due for JJR Davis Fourth Addition. The share of the $5,830.20 fee allocable to the Fourth Addition is $2,638.60 ($395.00 /acre x 6.68 acres). If not sooner paid the $2638.60 amount shall be paid before the issuance of a building permit for any Lot in the Fourth Addition. The Subdivider is obligated to pay a sanitary sewer tap -on fee in the amount of $58,835.13 ($3,986.12/acre x 14.76 acres) to the City in connection with JJR Davis Second Addition (including Outlot "A "). No additional sanitary sewer tap on fee is due for JJR Davis Fourth Addition. The share of the $58,835.13 fee allocable to the Fourth Addition is $12,627.28 ($3,986.12/acre x 6.68 acres). If not sooner paid the $12,627.28 amount shall be paid before the issuance of a building permit for any Lot in the Fourth Addition. In consideration of the final plat of the Subdivision being approved by the City, Subdivider agrees to deposit with the City, before the first building permit for the Subdivision is issued, the sum of $95, 078.13 as a contribution to the cost of improving Dane Road adjacent to the Subdivision. Said amount is one -half of the current estimated cost to improve the portion of Dane Road directly adjacent to the Subdivision to urban standards. Neither Subdivider nor the successor owners of Lots in the subdivision shall bear any additional cost in excess of said contribution for the future improvement of Dane Road. In the event that Dane Road adjacent to the Subdivision (or a portion thereof) is at any time vacated or is otherwise not improved within ten years after the deposit of such funds with the City, then the Subdivider may request that the deposited amount (or proportionate portion for a partial vacation), be returned to the Subdivider without interest, in which case lots in the subdivision shall thereafter be subject to assessment for any future improvement of Dane Road as may be then permitted by law. In lieu of the required deposit the Developer may give a Bank Letter of Credit of equivalent value and duration in a form reasonably acceptable to the City. All electrical, cable television and communication service and distribution lines shall be installed underground. Section 14. Binding Effect. This agreement shall be inure to the benefit and bind the successors and assigns of the respective parties hereto and shall be construed as a covenant running with the title to the lots within the subdivision. lA SUBDIVIDER I' Robert A. Davis i avis Barbara Davis CITY OF IOWA CITY, IOWA By W A,,— Ross Wilburn, Mayor By . 7 /ji3� Ma ian K. Karr, City Clerk AIA Dated this 2- t"-,c day of 0,4c)bn r .2007. OF IOWA CITY, Marian K. Karr, 7 qq State of Colorado, County of Boulder, ss: On this — day of 2006, before me, a notary public for said state, personally appeared Jan EI n Smith and Eric Smith, wife and husband, to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Note uc4i %itI)k0 ;, I tfli 11 J7 State of Iowa, County of Johnson, ss: On this d i g^ day of FPS Cr Lcr�'� , 2006, before me, a notary public for said state, personally appeared Robert A. Davis and Patti Davis, husband and wife, to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary P lic W said S U3Y sl u Ft. =�Go i on jr ! 3, Q0� State of Iowa, County of Johnson, ss: –.. -- Sfi On this oQ% day of F facer , 2006, before me, a notary public for said state, personally appeared Jamefd R. Davis and Barbara Davis, husband and wife, to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. _ , Sf'a Iowa, County of Johnson, ss: On this for said state, personally appeare of and wife, to me known to be the perso instrument, and acknowledged that they deed. _, 2006, before me, a taxi public Dane, Jr. and Allegra . ane, husband ied in and who cuted the foregoing ieZ -tb_e same their voluntary act and Public for said State AY State of Colorado, County of Boulder, ss: On this day of 2007, before me, a otary public for said state, p ovally appeared Jan Ellen Smith and Eric Smith, ' e and husband, to me known to be a persons named in and who executed the egoing instrument, and acknowledged tha hey executed the same as their volunta act and deed. State of Iowa, County of Johnson, ss: On this day of _ for said state, personally appeared to me known to be the persons pA and acknowledged that they a cui State of Iowa „county of Johnson, ss: Notary Rdblic for said 2007, before me, a notary public >bert A. D is and Patti Davis, husband and wife, d in and wh executed the foregoing instrument, the same ,% executed it voluntary act and deed. Notary Public for bqid State On this day of , 2007, before mL for sai state, personally appeared James R. Davis and Barbara Davis, wife, o me known to be the persons named in and who executed insy6ment, and acknowledged that they executed the same as their volt Notary Public 01— State of Ref id County of �St� SS: public d and On this 1�� \� day of�vv�l (^ 2007, before me, a notary public for said state, personally appear Harold John Dane, Jr. and Allegra G. Dane, husband and wife, to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. a T-S�S� Notary Public for said State 8 SUSAN E THOMA$ ip'��AL S o y Commission Number 736889 ' * owr� omm ssion xpires — 8 State of Iowa, County of Johnson, ss: On this rJ 7 day of D, o &a 2007, before me, the undersigned, a notary public for the state of Iowa, personally appeared Ross Wilburn 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. oyR�m "ONDRAE FORT x. Commission Number 159791,�� tr+" m Commission Expires ow aioc� Notary Public for the State of Iowa >k� STORM SEWER EASEMENT AGREEMENT JJR DAVIS FOURTH ADDITION, IOWA CITY, IOWA, A RESUBDIVISION OF OUTLOT "A" OF JJR DAVIS SECOND ADDITION THIS AGREEMENT, made and entered into by and between Jan Ellen Smith, Robert A. Davis and James R. Davis, and Harold John Dane, Jr. and Allegra G. Dane, husband and wife, (Subdivider), 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, Subdivider hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such storm water lines, pipes, mains, conduits and fixtures 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 areas designated as "Storm Sewer Easement ", "Storm Sewer Ease" and, on Lot 1, as "Existing 30' Storm Sewer Easement ", all as shown on the Final Plat of JJR Davis Fourth Addition, Iowa City, Iowa, hereafter described as "easement areas." Subdivider further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement areas and also to trim, cut down and clear away any trees on either side of said easement areas which now or hereafter in the opinion of the City may be a 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. �C Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that Subdivider has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Subdivider until completion by Subdivider, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this a3 `- day of (6ioRce 2008 (The remainder of this page is left intentionally blank) 2 �Xl\ SUBDIVIDER Jan Ellen Smith Robert A. Davis ames R. Davi Harold Joh ane, Jr. Pa i avis Barbara Davis Allegra G. Dane CITY OF IOWA CITY % By Ross Wilburn, Mayor Attest: RAJ Mahan K. Karr, City Clerk 3 W\ &t(-el Harold Joh ane, Jr. VS CITY OF IOWA CITY By _ Ross Wi�bqrri, Mayor Attest: Karr, City Clerk I egra GY16e 3 State of Colorado, County of Boulder, ss: On this /QM day of 2006, before me, a notary public for said state, personally appeared Jan E le Smith and Eric Smith, wife and husband, to me known to be the persons named in '-!find who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notar Public for saic State nssion �Alras 09/39J State of Iowa, County of Johnson, ss: On this c2 ?0 day of P 6t!! i 2006, before me, a notary public for said state, personally appeared Robert AJ . Davis and Patti Davis, husband and wife, to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Pubp for kOid Stan State of Iowa, County of Johnson, ss: On this ai 5 day of 2006, before me, a notary public for said state, personally appeared James . Davis and Barbara Davis, husband and wife, to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Publi for Uid State -.Comm s m Nu recr 73M0 State of o County of Johnson, ss: z , On this -a , 2006, before me, a notary blic for said state, personally appear told John Dane, Jr. and Allegra G. Dane sband and wife, to me known to be the pers named in and who execute" a foregoing instrument, and acknowledged that they exec d the same as their Goluntary act and deed. Public for said State 4 State of Worado, County of Boulder, ss: On this day of 2007, before for said state, ersonally appeared Jan Ellen Smith and Eric Smi to me known to a the persons named in and who executed th , and acknowledged at they executed the same as their voluntya((yy State of Iowa, County of Johnson, m ,,/a notary public t ife and husband, oregoing instrument, act and deed. Notary %blic for said State On this day of 2007, before me, a notary public for said state, personally appeared be A. Davis and Patti Davis, husband and wife, to me known to be the persons med in nd who executed the foregoing instrument, and acknowledged that they ex cu the sa a as their voluntary act and deed. Notary Nblic for said State State of lowp County of Johnson, ss: On this day of , 2007, be re me, a notary public for s�i state, personally appeared James R. Davis and Barba Davis, husband and wife�, to me known to be the persons named in and who exe uted the foregoing instrument, and acknowledged that they executed the same as thei oluntary act and Notary Public for said State State oflWm4da, County of SS: On this �— day of Se,( ,QdL , 2007, before me, a notary public for said state, personally appeared Narold John Dane, Jr. and Allegra G. Dane, husband and wife, to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public for said State SUSAN E THOMAS pP ` commission Number 736689 6z�Com i sio Expires ro,�s 0 ��"\ State of Iowa, County of Johnson, ss: On this d3 --- day of Q, o6ea 200V before me, the undersigned, a notary public for the state of Iowa, personally appeared Ross Wilburn 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. J s, SONQRAE FORT x S Commission Number 159797 Notary Public for said State * My Co mission Explres low lXI\ SANITARY SEWER EASEMENT AGREEMENT JJR DAVIS FOURTH ADDITION, IOWA CITY, IOWA, A RESUBDIVISION OF OUTLOT "A" OF JJR DAVIS SECOND ADDITION THIS AGREEMENT, made and entered into by and between Harold John Dane, Jr. and Allegra G. Dane, husband and wife, and James R. Davis, Robert A. Davis and Jan Ellen Davis (Subdivider), 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, 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 Sanitary sewer lines, pipes, mains, conduits and fixtures 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 areas designated as "Sanitary Sewer Easement" or "Sanitary Sewer Ease" as shown on the Final Plat of JJR Davis Fourth Addition, Iowa City, Iowa, hereafter described as "easement areas." Subdivider further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement areas and also to trim, cut down and clear away any trees on either side of said easement areas which now or hereafter in the opinion of the City may be a 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 that Subdivider has a good and lawful right to convey it, or any part thereof. k Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Subdivider until completion by Subdivider, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this day of DcroBr.2 200 (The remainder of this Page is left intentionally blank) 2 All\ CITY OF IOWA CITY By (7-�= Li Ross Wilburn, Mayor Attest: / �ui � 4-,C Mari tLK. Karr, City Clerk SUBDIVIDER Harold John ane, r. ames R. Davis _-Auegra a}ne' 3 LO OF IOWA CITY Ross Attest: , Mayor K. Karr, City Clerk SUBDIVIDER i Allegra G. D#he 4R State of Colorado, County.of Boulder, ss:. On this _10/A day of , 2006, before me, a notary public for said state, personally appeared Jan E-1g - Smith and Eric Smith, husband and wife, to me known to be the persons Kamed in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. v _ Notary ublic for sai tate ray Commission Expires t19 /j1/M7 of Colorado, County of Boulder, ss: On this day of 2006, before me, a notary public for said state, persona eared Jan Ellen Smith and Eric Smith, wife and husband, to me known to be the persons�nam d in and who executed the foregoing instrument, and acknowledged that they executed the as their voluntary act and deed. Notary Public for said State State of Iowa, County of Johnson, ss: On this d / day of 2006, before me, a notary public for said state, personally appeared Robert X Davis and Patti Davis, husband and wife, to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary P bli f r said Sta a i+7��mi ,nC =. Boa State of Iowa, County of Johnson, ss: v f On this oil 5 day of 2006, before me, a notary public for said state, personally appeared James K. Davis and Barbara Davis, husband and wife, to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. 1� Notary . t& i 4j 0 State of F H'da, County of7b-A , ss: On this � day of 2007, before me, a notary public for said state, personally appeared Harold John Dane, Jr. and Allegra G. Dane, husband and wife, to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and � \ ik �" ^L 4Eio Notary Public for sai d State of Colorado, County of Boulder, ss: On th day of 2007, before me, a dtary public for said te, personally appeared Jan Ellen Smith and Eric Smith, wif nd husband, to me kno to be the persons named in and who executed the fore oing instrument, and acknowle ad that they executed the same as their voluntary a and deed. Notary Publictbr said State State of Iowa, County of On this day of 2007, before me, a notary public for said state, personally appeared Ro A. Davis and Patti Davis, husband and wife, to me known to be the per name in d who executed the foregoing instrument, and acknowledged that they execut4the sa eras their voluntary act and deed. Notary Public, for said State State of Iowa, Cgdnty of Johnson, ss: On this day of , 2007, before Tie, a notary public for said s e, personally appeared James R. Davis and Barbara D is, husband and wife, to/ a known to be the persons named in and who execute the foregoing instrument, and acknowledged that they executed the same as their volu htary act and Notary Public for said State 4 State of Iowa, County of Johnson, ss: r� A .. J On this a3 day of DvToCf V 2000, before me, the undersigned, a notary public for the state of Iowa, personally appeared Ross Wilburn 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. lotow'ilcornti' O ion NuRT Fission Number 159791 1 Ht'� My m iss' n fires Notary Public for said State 5 1A � UNDERGROUND UTILITY EASEMENTS JJR DAVIS FOURTH ADDITION, IOWA CITY, IOWA, A RESUBDIVISION OF OUTLOT "A" OF JJR DAVIS SECOND ADDITION In consideration of the approval of the Final Plat of JJR Davis Fourth Addition, Iowa City, Iowa, the undersigned owners hereby grant to MidAmerican Energy, Qwest Corporation and MediaCom Iowa, L.L.C., and their successors, a perpetual easement upon, over, under, along and across the areas designated on the Final Plat of JJR Davis Fourth Addition, Iowa City, Iowa, as "Utility Easement" as located within the Subdivision. The Grantees of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purpose of serving the Subdivision and other property with electricity, gas, and communication service; the right to trim, 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 Grantee's full enjoyment of rights hereby granted; provided that Grantors shall not erect or construct any reservoir, retaining wall or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. No permanent dwellings or trees shall be placed on the areas so designated for utility easement but, with advance written authorization from the Grantee's representatives, the same may be used for gardens, shrubs, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. f =� 7 Dated this 3- day of 0Qiz)Ptra 20V. (The remainder of this page is left intentionally blank) fj OWNERS /GRANTORS Jan Ellen Smith Harold John Patti avis D( )2Go- Barbara Davis Allegra AC\ f I I.I. �!� � � � �i ■ 1 � � � ��. �.� �_�- 2 �� State of Colorado, County of Boulder, ss: On this () "f day of , 2006, before me, a notary public for said state, personally appeared Jan Ell Smith and Eric Smith, wife and husband, to me known to be the persons named in nd who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary bl�mmlS�� PaS fl#J�31f1007 �la State of Iowa, County of Johnson, ss: h �Q brwaf On this o� %� day of 2006, before me, a notary public for said state, personally appeared Robert . Davis and Patti Davis, husband and wife, to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. h t b/L-., Notary Pu lic f r said -§taWO - - State of Iowa, County of Johnson, ss: - - - -- On this a 5 day of FACLI r 2006, before me, a notary public for said state, personally appeared Jams R. Davis and Barbara Davis, husband and wife, to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Pudic f (Vsaid St I novsro F0 Ccmmisrion Number 732300 MY cof mr ion Expires rr 1 Jana i_y_1r) 2..008 State o County of Johnson, ss: On this -fty- for said state, personally al and wife, to me known to the instrument, and acknowledged that they deed. 2006, before me, a notary public John Dane, Jr. and Allegra G. Dane, husband s named in and who executed the foregoing .xecuted the same as their voluntary act and Notary Public for said S ate of Colorado, County of Boulder, ss: / On t i day of 2007, before me, a not r(j /public for said fate, personally appeared Jan Ellen Smith and Eric Smith, wife d husband, to me kno to be the persons named in and who executed the fore ' g instrument, and acknowle ged that they executed the same as their voluntary act d deed. State of Iowa, County of Johnsap, ss: On this day of for said state, personally appeared Rol to me known to be the persons named and acknowledged that they executed tt State of Iowa, Countydf Johnson, ss: for said State 2007, before me, a notary public avii and Patti Davis, husband and wife, who executed the foregoing instrument, as their voluntary act and deed. Notary PdKic for said State On this day of 2007, before e, a notary public for said state personally appeared James R. Davis and Barbara D is, husband and wife, to known to be the persons named in and who execut the foregoing instrum , and acknowledged that they executed the same as their vol ary act and Notary Public for said State State of Zk County of \ ss: On this �day o , 2007, before me, a notary public for said state, personally appeared arold John Dane, Jr. and Allegra G. Dane, husband and wife, to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public for said State ft�A(m SUSAN E THOMAS oy Commission Number 736889 � * I ion Expires i 'OVI ,0 OFF -SITE STORM WATER DETENTION BASIN EASEMENT AGREEMENT PERTAINING TO JJR DAVIS FOURTH ADDITION AND OTHER REAL ESTATE IN IOWA CITY, IOWA THIS AGREEMENT, made and entered into by and between Harold John Dane and Allegra G. Dane, husband and wife (Owners), the City of Iowa City, Iowa (the City), and Jan Ellen Smith, Robert A. Davis and James R. Davis (Davis') 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, Owners hereby grant and convey to Davis' and the City an easement for the purposes of grading, installing, maintaining and servicing a storm water detention basin or portion thereof, with all necessary appliances and fittings for the use in connection with said basin, together with adequate protection therefor, and also a right of way over and across the areas designated on the easement plat(s) attached hereto and referred to herein as "easement area." Owners further grant to Davis' and the City: 1. The right of ingress and egress thereto over and across the easement area. 2. The right of grading said easement area and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area, to such extent as Davis' or 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 Davis' or the City may be a hazard to said easement area or which may interfere with the exercise of the rights hereunder in any manner. The Davis' and the City shall each promptly backfill and compact any trench made by them /it, and repair any damages caused by them /it within the easement area. The Davis' and the City shall indemnify Owners against unreasonable loss or damage which may occur in connection with the negligent exercise of the easement rights by Davis' or the City, with each of Davis' and the City responsible to so indemnify only for their own acts or the acts of their respective representatives or agents, and not for each others acts. Except as expressly provided herein, the City shall have no responsibility for maintaining the storm water basin easement area. The easement granted herein shall be for storm water detention service for i) Lot 1 in JJR Davis Addition, ii) all Lots in JJR Davis Second Addition, iii) Lot 1 in JJR Davis Third Addition (the stormwater detention for Lot 2 of JJR Davis Third Addition is provided /compensated for by the storm water detention facility proposed for JJR Davis Li Addition), iv) all Lots in JJR Davis Fourth Addition, and v) other real estate owned by Owners, other real estate owned by Davis' and possibly other real estate owned by others so long as the detention facilities are fully sufficient under City requirements to first satisfy the storm water drainage and detention requirements for said Lot 1 of JJR Davis Addition and all Lots in said Second, Third and Fourth JJR Davis Additions (collectively the' Watershed Area "). Owners (and their successors) reserve the right, at their expense, to enlarge the storm water easement area and /or expand the initial Watershed Area so long as such enlargement and /or expansion i) is approved by the City, ii) is completed in full compliance with the requirements of the City of Iowa City, and iii) continues to fully satisfy the stormwater management requirements of the original Watershed Area. Davis' (and their successors), at their expense, with the consent and approval of Owners (or their successors), shall have the same reserved rights under the same conditions. An enlargement of the Easement Area shall be evidenced by a supplemental grant of easement given by the Owners (or their successors) over the additional land. If the initial Watershed Area is expanded, all the land owners within the expanded watershed shall be required to participate (with all the owners of land within the original Watershed Area) in the Owners Association that will be responsible for maintaining and repairing the entire Easement Area (original and expanded) and the stormwater facilities and improvements therein. The costs of enlarging the Easement Area, and installing or modifying improvements and /or facilities (easement rights, grading, stormwater lines, basin, drains, etc.) to accommodate an expanded watershed, shall be borne by the owners and /or developers of the additional land to be benefited by this Easement. After such installations, if any are necessary, are complete all the owners of the newly benefited land shall be required to become members of the Owners Association that is responsible for maintaining and repairing the Easement Area and the stormwater improvements and facilities therein, with such costs to be borne by assessing the owners of all benefited land (initial and newly benefited) based upon the relative square footage of each benefited parcel to all benefited parcels required to participate in the Owners Association, as more specifically provided in the Protective Covenants and Restrictions applicable to the real estate within the Watershed Area and expansions thereof. Owners and their successors reserve the right to use said easement area for the stormwater management requirements for the Owners' real estate in the Watershed Area and for other purposes that will not interfere with Davis' and the City's full enjoyment of the rights hereby granted; provided that the Owners shall not erect or construct any building, fence 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 basin's capacity to detain storm water. The Owners' reserved rights include the right to plant and harvest compatible crops within the Easement Area provided such activity does not in any way interfere with the proper functioning and effective operation of the Easement Area for its intended stormwater management functions. Owners 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 it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the storm sewer or storm water detention basin improvements at issue 2 L,V\ herein. Nor shall Davis' or Owners 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 Davis' and Owners until completion and acceptance of such completed improvements by the City, as by law provided. After completion of the storm water detention basin improvements within the storm water detention Easement Area and the acceptance of such improvements by the City, Davis' and Owners (or their respective successors or assigns, including the owners of real estate benefited by the easement improvements, whether through an Owners Association or otherwise) shall thereafter maintain the storm water basin 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 basin easement maintenance. The obligation for all of the Davis' and Owners' maintenance responsibilities shall, at an appropriate time after the improvements and facilities have been installed, be transferred to an Owners Association as provided in the Protective Covenants and Restrictions made applicable to benefited real estate. The Owners Association shall thereafter maintain and repair the Easement Area including the stormwater detention improvements and facilities therein to keep them in good operating condition in accordance with this Easement. The Owners Association shall, as necessary or desirable, maintain insurance and perform other functions as required or permitted in its Articles of Incorporation, Bylaws and /or the Protective Covenants and Restrictions made applicable to the real estate within the Watershed Area and expansions thereof. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this o?3 =a- day of OcTaBFP— , 2007. (The remainder of this page is left intentionally blank) 3 OWNERS / 47 J Harold JohV Dane Alfedra G. Dq, CITY OF IOWA CITY n By. \ -- Ross Wilburn, Mayor Attest: a0M1�4 K. Karr, City Clerk State of Iowa, County of Johnson, ss: On this a3 rd day of __ _Dcro g,-2 , 2007, before me, the undersigned, a notary public for the state of Iowa, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who, being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority 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 the *0W C �� xJor- � q.� ° Notary Public for the State of Iowa op\ oW s Harold-Sohn Dane DAVIS' alv_'fU4 16M� , Jan Ellen Smith 9,�C`� fir t- Robert A. Davis mes R. Davis M OF IOWA CITY Ross K. Karr, City Clerk All�g a G. Dane ric Smith, spou avis, spouse Barbara Davis, spouse iC State of Colorado, County .ofBoulder, ss: On this day of , 2006, before me, a notary public for said state, personally appeared Jan Ellen mite and Eric smith, husband and wife, to me known to be the persons n med in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notar ublic for the tate of Iowa MY COMM M10" Expires 09/39 Colorado, County of Boulder, ss: On this of , 2006, before me, a notary public for said state, personally appea an Ellen Smith and Eric Smith, wife and husband, to me known to be the persons named i who executed the foregoing instrument, and acknowledged that they executed the same as oluntary act and deed. Notary Public for the State State of Iowa, County of Johnson, ss: On this o29 h day of rAIAk6q_+ , 2006, before me, a notary public for said state, personally appeared Robert A. Cldvis and Patti Davis, husband and wife, to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and la /I a' deed. � Notary P blic Mj the StatdMowa State of Iowa, County of Johnson, ss k On this d, / 5 day of — Arw.,r , 2006, before me, a notary public for said state, personally appeared James R. Davis and Barbara Davis, husband and wife, 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. L I_ i Notary Public r6r We 8tataW Iowa � r IpUY S 10; FU2 1 yCornm inn Number 732300 i' ik /C�i �� k�n Exo�res i'01!_,"003 qV \ On this X1�2 _ day ofc , 2007, before me, a notary public for said state, personally appeared arold John Dane and Allegra G. Dane, husband and wife, to me known to be the persons named in and who executed the foregoing instrument_, and ackno_wled ed t they executed the same as their voluntary act and (yrA( BUBAN ETHOMAS pp sy Commission Number 736889 * z M i ' Expires /ow, `j� Notary E'ublic for the State of Florida State of Colorado, County of Boulder, ss: U his day of , 2007, before me, a nota ublic for said ate, personally appeared Jan Ellen Smith and Eric Smith, wife an usband, to me kno to be the persons named in and who executed the foregoi instrument, and acknowle �d that they executed the same as their voluntary act and deed. State of Iowa, County of On this day of said state, personally appeared F me known to be the persons narr acknowledged that they executed ss: State of Iowa, CAnty of Johnson, ss: State 2007, before me, a notary public for Davis and Patti Davis, husband and wife, to who executed the foregoing instrument, and ,as their voluntary act and deed. NotariTublic for the State of Iowa On this day of 2007, before r, a notary public for said staW , personally appeared James R. Davis and Barbara Davis, l� sband and wife, to me Known to be the person named in and who executed the foregoing ' strument, and acL wledged that they executed the same as their voluntary act and de Notary Public for the State of Iowa IA� a� NO `gym 1 `S a N 0M F i l � I a3 5 Y3 � I Y. c lll W g °mp :�ooE KOo J�o�L�3 mEl }. 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F a UE =o uQ0 W, m3;�d Vf azamg2 -� S v I U) W 0 Z O Z Q .L °c M1m NE _ 1 WE € 8 �p B - J�n�o �,VE'IOfi a 4 I p 8' ° oQo aWUO 31', as�u, ww3� m�� 2W- gZ�nA2 �i YiV VU; 3iz3w�aja° °i �L _ a3n u�ina a-o `n �.ROEwwwN w O \u jw0 M,ROOHV Y O_ OI 1 =� J �I II o l \ K 6 . --- —._. i .__'1- .at'at£ qi I p 8' ° oQo aWUO 31', as�u, ww3� m�� 2W- gZ�nA2 �i YiV VU; 3iz3w�aja° °i �L _ a3n u�ina a-o `n �.ROEwwwN w O \u jw0 M,ROOHV Y O_ OI 1 =� J �I II o l \ K 6 . --- —._. i .__'1- .at'at£ qi . --- —._. i .__'1- .at'at£ qi G (,e, Doc ID: 021007390011 Tvoe: GEN Recorded: 10/25/2007 at 01:39:31 PM Fee Amt: $77.00 Pace 1 of 11 Johnson county Iowa Kim Painter Countv Recorder BK4229 PG716.726 STATE OF IOWA ) ) SS JOHNSON COUNTY ) 1 r i 141 rf CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX wwwAgov.org I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No.07 -4284 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 16`h day of October, 2007, all as the same appeals of record in my office. Said ordinance was previously recorded on October 19, 2007, Book 4227, Page 912 -922, and should have included a Preliminary Plat, OSA Plan & Sensitive Areas Site Plan. Dated at Iowa City, Iowa, this 24`h day of October, 2007. e Marian K. Karr City Clerk \ord y0 Prepared by: Sunil Terdalkar, Associate Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5243 ORDINANCE NO. 07 -4984 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 45.04 ACRES OF PROPERTY LOCATED EAST OF CAMP CARDINAL BOULEVARD AND SOUTH OF KENNEDY PARKWAY FROM INTERIM DEVELOPMENT OFFICE RESEARCH PARK (ID -ORP) ZONE TO MEDIUM DENSITY SINGLE - FAMILY RESIDENTIAL (RS -8) ZONE WITH A PLANNED DEVELOPMENT OVERLAY (OPD -8) ZONE FOR APPROXIMATELY 33.69 ACRES, INTERIM DEVELOPMENT SINGLE - FAMILY RESIDENTIAL (ID- RS) ZONE FOR APPROXIMATELY 9.32 ACRES, AND INTERIM DEVELOPMENT OFFICE COMMERCIAL (ID -CO1) ZONE FOR APPROXIMATELY 2.03 ACRES. (REZ07- 00011) WHEREAS, the applicant, Southgate Development Services, LLC, has requested a rezoning of property located east of Camp Cardinal Boulevard and south of Kennedy Parkway from Interim Development Office Research Park (ID -ORP) zone to Medium Density Single - Family Residential (RS -8) zone with a Planned Development Overlay (OPD -8) zone for approximately 33.69 acres, Interim Development Single- Family Residential (ID -RS) zone for approximately 9.32 acres, and Interim Development Office Commercial (ID- 001) zone for approximately 2.03 acres; and WHEREAS, the Comprehensive Plan indicates that the land is suitable for office and research park type uses, but recognizing the development of Oakdale Campus north of Interstate 80, and the existence of environmentally sensitive areas, the plan also indicates that low to medium density clustered residential development may be appropriate for the area; and WHEREAS, the City adopted'a vision plan —Clear Creek Master Plan —in 2002, which considered the possible street layouts and mix of uses and densities, while minimizing the impact on the environmentally sensitive areas; and WHEREAS, the applicant has submitted a preliminary sensitive areas development plan showing a clustered residential subdivision of 73 townhouse -style multi - family dwellings, 17 attached single- family zero - lot line dwellings and 18 single - family dwellings, and outlots for public open space and preservation of environmentally sensitive areas as private open space; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan and the Clear Creek Master Plan provided that it meets conditions addressing the timely installation of infrastructure improvements and construction of Kennedy Parkway; 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 and the applicant acknowledge that certain conditions and restrictions are reasonable to ensure orderly development, adequate neighborhood connectivity, and to achieve the Comprehensive Plan goals; and WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. 60 Ordinance No. 02 -4284 Page 2 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 Interim Development Office Research Park (ID -ORP) zone to Medium Density Single - Family Residential (RS -8) with a Planned Development Overlay (OPD -8) zone for approximately 33.69 acres, Interim Development Single- Family Residential (ID -RS) zone for approximately 9.32 acres, and Interim Development Office Commercial (ID -CO1) zone for approximately 2.03 acres: COMMENCING AT THE CENTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N89 °25'22 "E, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF 1749.4 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT -OF -WAY LINE OF CAMP CARDINAL BOULEVARD; THENCE NORTHWESTERLY, 50.0 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 50.0 FOOT CHORD BEARS N00 007'16 "W, TO THE POINT OF BEGINNING; THENCE NORTHWESTERLY, 380.0 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 376.0 FOOT CHORD BEARS N16 °19'46 "W; THENCE N30 °39'08 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 30.9 FEET; THENCE NORTHEASTERLY, 31.4 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N14 °20'52 "E; THENCE N59 °20'52 "E, ALONG SAID EAST RIGHT -OF -WAY LINE, 20.0 FEET; THENCE N30 °39'08 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 60.0 FEET; THENCE S59 °20'52 "W, ALONG SAID EAST RIGHT -OF- WAY LINE, 20.0 FEET; THENCE NORTHWESTERLY, 31.4 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N75 °39'08 "W; THENCE N30 °39'08 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 286.3 FEET; THENCE NORTHWESTERLY, 366.8 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 660.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 362.1 FOOT CHORD BEARS N14 °43'50 "W; THENCE N01 011'28 "E, ALONG SAID EAST RIGHT -OF -WAY LINE, 364.9 FEET; THENCE S89 039'51 "E, 294.4 FEET; THENCE N00 °20'09 "E, 64.7 FEET; THENCE NORTHWESTERLY, 163.5 FEET, ALONG AN ARC OF A 750.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 163.2 FOOT CHORD BEARS N05 °54'30 "W; THENCE N12 009'09 "W, 111.7 FEET; THENCE NORTHEASTERLY, 87.1 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 87.0 FOOT CHORD BEARS N75 °21'12 "E; THENCE NORTHEASTERLY, 51.0 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 51.0 FOOT CHORD BEARS N74 019'08 "E; THENCE S14 013'17 "E, 165.3 FEET; THENCE N80 °50'07 "E, 131.5 FEET; THENCE S23 044'18 "E, 37.2 FEET; THENCE S82 °35'11 "E, 173.9 FEET; THENCE S27 022'19 "E, 813.8 FEET; THENCE S44 °52'16 "E, 219.0 FEET; THENCE SOWX32 "W, 401.7 FEET; THENCE S59 057'49 "W, 654.1 FEET; THENCE S89 °25'22 "W, 3003 FEET, TO SAID POINT OF BEGINNING, CONTAINING 33.69 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. ID -ORP to ID -RS COMMENCING AT THE CENTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N89 025'22 "E, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF 1749.4 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT -OF -WAY LINE OF CAMP CARDINAL BOULEVARD; THENCE NORTHWESTERLY, 50.0 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 50.0 FOOT CHORD BEARS N00 °07'16 "W; THENCE NORTHWESTERLY, 380.0 FEET, ALONG SAID EAST RIGHT - OF -WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 376.0 FOOT CHORD BEARS N16 019'46 "W; THENCE N30 °39'08 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 30.9 FEET; THENCE NORTHEASTERLY, 31.4 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE S1PCD \Staff Reports \ORD\ORD REZ07 -00011 CardinaftinlSouth.do V I-) Ordinance No. 07 -4284 Page 3 SOUTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N14 020'52 "E; THENCE N59 °20'52 "E, ALONG SAID EAST RIGHT -OF -WAY LINE, 20.0 FEET; THENCE N30 °39'08 "W, ALONG SAID EAST RIGHT -OF- WAY LINE, 60.0 FEET; THENCE S59 020'52 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 20.0 FEET; THENCE NORTHWESTERLY, 31.4 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N75 039'08 "W; THENCE N30 039'08 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 286.3 FEET; THENCE NORTHWESTERLY, 366.8 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 660.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 362.1 FOOT CHORD BEARS N14 043'50 "W; THENCE N01 011'28 "E, ALONG SAID EAST RIGHT -OF -WAY LINE, 420.6 FEET; THENCE NORTHWESTERLY, 179.4 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 2550.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 179.4 FOOT CHORD BEARS N00 049'29 "W; THENCE NORTHEASTERLY, 62.6 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 40.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 56.4 FOOT CHORD BEARS N42 °01'38 "E; THENCE N86 °53'42 "E, ALONG SAID EAST RIGHT -OF -WAY LINE, 20.0 FEET; THENCE NO3 006'18 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 33.0 FEET; THENCE N86 053'42 "E, 43.6 FEET; THENCE NORTHEASTERLY, 245.0 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 244.4 FOOT CHORD BEARS N79 °52'37 "E; THENCE NORTHEASTERLY, 51.0 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 51.0 FOOT CHORD BEARS N74 019'08 "E, TO THE POINT OF BEGINNING; THENCE SOUTHEASTERLY, 582.9 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 574.7 FOOT CHORD BEARS S87 °31'24 "E; THENCE SOUTHEASTERLY, 252.5 FEET, ALONG AN ARC OF A 793.4 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 251.4 FOOT CHORD BEARS S79 05628 "E; THENCE S00 036'32 "W, 30.0 FEET; THENCE S89 023'28 "E, 5.0 FEET; THENCE SOUTHEASTERLY, 31.4 FEET, ALONG AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 28.3 FOOT CHORD BEARS S44 023'28 "E; THENCE S00 036'32 "W, 111.0 FEET; THENCE S89 °23'28 "E, 50.0 FEET; THENCE S00 036'32 "W, 842.3 FEET; THENCE N44 052'16 "W, 219.0 FEET; THENCE N27 °22'19 "W, 812.8 FEET; THENCE N82 035'11 "W, 173.9 FEET; THENCE N23 °44'18 "W, 37.2 FEET; THENCE S80 050'07 "W, 131.5 FEET; THENCE N14 °13'17 "W, 165.3 FEET, TO SAID POINT OF BEGINNING, CONTAINING 9.32 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. ID -ORP to ID -CO1 COMMENCING AT THE CENTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N89 °25'22 "E, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF 1749.4 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT -OF -WAY LINE OF CAMP CARDINAL BOULEVARD; THENCE NORTHWESTERLY, 50.0 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 50.0 FOOT CHORD BEARS N00 007'16 "W; THENCE NORTHWESTERLY, 380.0 FEET, ALONG SAID EAST RIGHT - OF -WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 376.0 FOOT CHORD BEARS N16 019'46 "W; THENCE N30 °39'08 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 30.9 FEET; THENCE NORTHEASTERLY, 31.4 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N14 °20'52 "E; THENCE N59 020'52 "E, ALONG SAID EAST RIGHT -OF -WAY LINE, 20.0 FEET; THENCE N30 °39'08 "W, ALONG SAID EAST RIGHT -OF- WAY LINE, 60.0 FEET; THENCE S59 °20'52 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 20.0 FEET; THENCE NORTHWESTERLY, 31.4 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N75 °39'08 "W; THENCE N30 °39'08 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 286.3 FEET; THENCE NORTHWESTERLY, 366.8 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 660.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 362.1 FOOT CHORD BEARS N14 043'50 "W; THENCE N01 °11'28"E, ALONG SAID EAST RIGHT -OF -WAY LINE, 364.8 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING, N01 °11'28 "E, ALONG SAID EAST RIGHT - OF -WAY LINE, 55.8 FEET; THENCE NORTHWESTERLY, 179.4 FEET, ALONG SAID EAST RIGHT -OF- WAY LINE, AND AN ARC OF A 2550.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 179.4 FOOT CHORD BEARS N00 049'29 "W; THENCE NORTHEASTERLY, 62.6 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 40.0 FOOT RADIUS CURVE, CONCAVE SiPCD \Staff Reports\ORMORD REZ07-00011 CardinalPOintSouth.doc io Ordinance No. 07 -4284 Page 4. SOUTHEASTERLY, WHOSE 56.4 FOOT CHORD BEARS N42 °01'38 "E; THENCE N86 °53'42 "E, ALONG SAID EAST RIGHT -OF -WAY LINE, 20.0 FEET; THENCE NO3 °06'18 "W, ALONG SAID EAST RIGHT -OF- WAY LINE, 33.0 FEET; THENCE N86 053'42 "E, 43.6 FEET; THENCE NORTHEASTERLY, 157.9 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 157.7 FOOT CHORD BEARS N82 0221 7 "E; THENCE S12 °09'09 "E, 111.7 FEET; THENCE SOUTHEASTERLY, 163.5 FEET, ALONG AN ARC OF A 750.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 163.2 FOOT CHORD BEARS S05 054'30 "E; THENCE S00 020'09 "W, 64.7 FEET; THENCE N89 039'51 "W, 294.4 FEET, TO SAID POINT OF BEGINNING, CONTAINING 2.03 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(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owners expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 16th day of oetober 20_01_. MAYOR ATTEST: CI'rYA,CLERK Approved by City Attorney's Office CORPORATE SEAL S:1PCD \Staff ReportslORD\ORD REZ07 -00011 CardinalPointSoulh.doo /(� Ordinance No. 07 -4284 Page 5 It was moved by Bailey and seconded by Vanderhoef that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Elliott x O'Donnell x Vanderhoef x Wilburn First Consideration 9/18/2007 Voteforpassage: AYES: Champion, Correia, Bailey. NAYS: None. ABSENT: None. Second Consideration 10/2/2007 Vote'ferpassage: AYES: Champion, Correia, Bailey. NAYS: None. ABSENT: None. Date published 10/24/2007 Elliott, O'Donnell, Vanderhoef,Wilburn, Elliott, O'Donnell, Vanderhoef, Wilburn, GO Prepared by: Sunil Terdalkar, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5243 (REZ07- 00011) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and The Crossing Development LC (hereinafter "Owner ") and Southgate Development Services, LLC (hereinafter "Applicant "); WHEREAS, Owner is the legal title holder of approximately 45.04 acres of property located east of Camp Cardinal Boulevard and south of Kennedy Parkway and as legally described below; and WHEREAS, the Applicant with the Owner's consent has requested the rezoning of said property from Interim Development Office Research Park (ID -ORP) zone to Medium Density Single - Family Residential (RS -8) zone with a Planned Development Overlay (OPD -8) zone for approximately 33.69 acres, Interim Development Single - Family Residential (ID -RS) zone for approximately 9.32 acres, and Interim Development Office Commercial (ID -001) zone for approximately 2.03 acres; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions addressing the timely installation of infrastructure improvements and construction of Kennedy Parkway, the proposed rezoning complies with the Comprehensive Plan and the Clear Creek Master 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, the Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for orderly development, neighborhood compatibility, and adequate connectivity; and WHEREAS, the Owner and Applicant agree 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. The Crossing Development LC is the legal title holder of the property legally described as follows: COMMENCING AT THE CENTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N89 025'22 "E, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF 1749.4 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT -OF -WAY LINE OF CAMP CARDINAL BOULEVARD; THENCE NORTHWESTERLY, 50.0 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 50.0 FOOT CHORD BEARS ppdadaVagVcza rez07- 1 1 wrdnalWnlswth dm I N00 °07'16W, TO THE POINT OF BEGINNING; THENCE NORTHWESTERLY, 380.0 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 376.0 FOOT CHORD BEARS N16 019'46 "W; THENCE N30 039'08 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 30.9 FEET; THENCE NORTHEASTERLY, 31.4 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N14 020'52 "E; THENCE N59 °20'52 "E, ALONG SAID EAST RIGHT -OF -WAY LINE, 20.0 FEET; THENCE N30 039'08 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 60.0 FEET; THENCE S59 020'52 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 20.0 FEET; THENCE NORTHWESTERLY, 31.4 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N75 039'08 "W; THENCE N30e39'08 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 286.3 FEET; THENCE NORTHWESTERLY, 366.8 FEET, ALONG SAID EAST RIGHT - OF -WAY LINE, AND AN ARC OF A 660.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 362.1 FOOT CHORD BEARS N14 °43'50 "W; THENCE N01 °11'28 "E, ALONG SAID EAST RIGHT -OF -WAY LINE, 420.6 FEET; THENCE NORTHWESTERLY, 179.4 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 2550.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 179.4 FOOT CHORD BEARS N00 049'29 "W; THENCE NORTHEASTERLY, 62.6 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 40.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 56.4 FOOT CHORD BEARS N42 °01'38 "E; THENCE N86 °53'42 "E, ALONG SAID EAST RIGHT -OF -WAY LINE, 20.0 FEET; THENCE NO3 °06'18 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 33.0 FEET; THENCE N86 °53'42 "E, 43.6 FEET; THENCE NORTHEASTERLY, 245.0 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 244.4 FOOT CHORD BEARS N79 °52'37 "E; THENCE SOUTHEASTERLY, 633.8 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 623.3 FOOT CHORD BEARS S88 °58'59 "E; THENCE SOUTHEASTERLY, 252.5 FEET, ALONG AN ARC OF A 793.4 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 251.4 FOOT CHORD BEARS S79 °56'28 "E; THENCE S00 036'32 "W, 30.0 FEET; THENCE S89 023'28 "E, 5.0 FEET; THENCE SOUTHEASTERLY, 31.4 FEET, ALONG AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 28.3 FOOT CHORD BEARS S44 °23'28 "E; THENCE S00 °36'32 "W, 111.0 FEET; THENCE S89 023'28 "E, 50.0 FEET; THENCE S00 °36'32 "W, 1244.0 FEET; THENCE S59 °57'49 "W, 654.1 FEET; THENCE S89 °25'22 "W, 300.3 FEET, TO SAID POINT OF BEGINNING, CONTAINING 45.04 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owner and Applicant acknowledge(s) that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the need for orderly development, neighborhood compatibility, and adequate connectivity. 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 and Applicant agree(s) that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. the section of Kennedy Parkway between Camp Cardinal Road and Camp Cardinal Boulevard will be platted, and the necessary right -of -way will be dedicated and a letter of credit for the cost of installing the water main in this section of the street will be provided at the time of final plat approval; ppdadMa9Vua rez07 -00011 mdlnalpoinlsoidh.d L b. installation of the sub -grade for this section of Kennedy Parkway will be constructed by the applicant and /or owner prior to January 1, 2009; c. this section of Kennedy Parkway will be constructed when the school site (located north of Kennedy Parkway) is developed, or Outlot C of Cardinal Pointe South is developed, whichever occurs first, but in no case shall the road be constructed later than January 1, 2010; and d. if the sub -grade is not constructed prior to January 1, 2009, or if the road is not built prior to January 1, 2010, issuance of building permits will cease for Cardinal Pointe South subdivision. 4. The Owner and Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2007), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and Applicant, and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowledge(s) that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this /6 day of 6croaEZ , 200_. CI �0f�� CITY � ,� n Ross Wilburn, Mayor /r Attest: MMarlan K. Karr, City Clerk By: DcNIJXS eRaQ��N w►rw W�� Appr ved by: ,-rf S A / t�l o �2vat7 �� SoItiTHG�1'rG �EVCCOPM�E�1' ��eV -rG�$� LL,C, City Attorney's Office CORPORATE SEAL ppdadmlagVC a rezO7-00011 mddnatpoinlso th.do W CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this Wlk day of OcTogF -(Z , A.D. 20 a"7 , before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilburn 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. o a SONDRAEFORT :. Commission Number 159791 f+ uw M Comfm $ oD moires sm&m , F&(,b Notary Public in and for the State of Iowa My commission expires: 317/aoc5 THE CROSSING DEVELOPMENT LC ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this __& day ofSgptLblY , A.D. 20 _n, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared `A'Q CyAue n to me personally known, who being by me duly sworn, did say that the person is (title) of 'Ti1GC.Yf,Sii n20 {2Ci�C11L and that said instrument was signed on behalf of the said limited Yability by authority of its managers and the said ii�,1'�(!Q acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. ANCELAJACOBY _ G Commesbn NUmEer)Yt]ea X MY Commcsbn ExPees fnH'.irA` Notary Pu lic in and Or the Stat of Iowa My commission expires: SOUTHGATE DEVELOPMENT SERVICES LLC ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 11_ day of Sf-b-'tRftjW , A.D. 20_, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared j.PYPC&_ rr )Ayy`0W to me personally known, who being by me duly sworn, did say that the person is VICE I?YQ 'k 1dr -m - (title) of %_"r .R bWW n.4SgrVi(e& and that said instrument was signed on behalf of the ppdatlmlagVr arezW- 00071c rdimlpointso h.do 4 '0V said limited liability company by authority of its managers and the said VICE PY(!SjcjCvi+ acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. Rill ANGELA JACOBY � o"""a.an xemeer m�ea wk�E�.o, No ary Pub c in and or the State of Iowa My commission expires: ppdaEMagVcza rezW-0Ml I mdnalpoinlsaMAOC 5 `p �V Doc ID'- 021015340010 Tvoe: GEN Recorded: 11/05/2007 at 02:51:01 PM Fee Amt: 862.00 Pace 1 of 10 Johnson Countv Iowa Kim Painter Countv Recorder BK4233 Po132 -141 rt.® CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 522404826 (319) 3565000 (319) 356 -5009 FAX www.icgov.org Uj w 0 o STATE OF IOWA ) u` ) SS JOHNSON COUNTY ) kT I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance cy/ attached hereto is a true and correct copy of Ordinance No.07 -4274 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 21" day of August, 2007, all as the same appears of record in my office. 4 Said ordinance was previously recorded on August 28, 2007, Book 4210, Page 209 -218, and should have included a Preliminary OPD, Preliminary Plat, Sensitive Areas v' Development. Dated at Iowa City, Iowa, this 2nd day ofNovenlber, 2007. 111 ly V) Marian K. Karr City Clerk \ord C08PORArEs E4C 6\ Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 -356 -5251 ORDINANCE NO. o7 -4774 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 34.86 ACRES OF LAND LOCATED SOUTH AND WEST OF WHISPERING MEADOWS DRIVE FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (RS -8) AND HIGH DENSITY SINGLE FAMILY RESIDENTIAL (RS- 12) TO PLANNED DEVELOPMENT OVERLAY 8 (OPD -8) AND PLANNED DEVELOPMENT OVERLAY 12 (OPD -12) (REZ06- 00026) WHEREAS, the applicant, MBHG Investment Co., Inc., has requested a rezoning of property located South and West of Whispering Meadows Drive from Medium Density Single Family Residential (RS -8) and High Density Single Family Residential (RS -12) to Planned Development Overlay 8 (OPD -8) and Planned Development Overlay 12 (OPD -12); and WHEREAS, the Comprehensive Plan indicates that this area has sensitive environmental features, including a stream corridor, wetlands, woodlands, and hydric soils that must be taken into account and protected if property is proposed for development; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing approval of wetland mitigation, monitoring, and long term maintenance of wetlands created in compensation for wetlands disturbed during development of the property; 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 owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of RS -8 and RS- 12 to OPD -8 and OPD -12: LEGAL DESCRIPTION A PORTION OF THE SOUTHEAST ONE - QUARTER OF SECTION 23 AND A PORTION OF THE SOUTHWEST ONE - QUARTER OF SECTION 24, ALL IN TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS: AUDITOR'S PARCEL 2003100 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 23, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE S89 °33'59 "W, ALONG THE SOUTH LINE OF THE SOUTHEAST ONE - QUARTER OF SAID SECTION 23, A DISTANCE OF 1318.71 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST ONE - QUARTER OF THE SOUTHEAST ONE - QUARTER OF SAID SECTION 23; THENCE N00 002'18 "E, 1121.93 FEET TO THE SOUTHWEST CORNER OF LOT 13, LAKESIDE ADDITION TO IOWA CITY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF RECORDED IN PLAT BOOK 9 AT PAGE 99 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE S89 157'18 "E, ALONG THE SOUTHERLY LINE OF SAID LAKESIDE ADDITION TO IOWA CITY, IOWA, 1175.00 FEET TO THE NORTHWEST CORNER OF LOT 174, WHISPERING MEADOWS SUBDIVISION, PART TWO, TO IOWA CITY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK 34 AT PAGE 99 IN SAID RECORDER'S RECORDS; THENCE S00 102'42 "W, ALONG A WESTERLY 0 Ordinance No. 07 -4274 Page 2 LINE OF SAID WHISPERING MEADOWS SUBDIVISION, PART TWO, 127.00 FEET; THENCE N89 057'18 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 12.29 FEET; THENCE S00 002'42 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 203.50 FEET TO THE SOUTHWEST CORNER OF LOT 167 OF SAID SUBDIVISION; THENCE S89 057'18 "E, ALONG THE SOUTHERLY LINES OF SAID LOT 167 AND LOTS 166, 165, 164, 163, 162 AND PART OF LOT 161, A DISTANCE OF 298.23 FEET TO THE NORTHWEST CORNER OF LOT 154 OF SAID SUBDIVISION; THENCE S00 002'42 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 137.50 FEET; THENCE N89 057'18 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 20.00 FEET; THENCE S00 002'42 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 175.00 FEET; THENCE S05 044'59 "E, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 159.34 FEET TO THE SOUTHWEST CORNER OF LOT 150 OF SAID SUBDIVISION; THENCE S16 040'29 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 114.86 FEET; THENCE S01 138'48 "E, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 196.14 FEET TO THE SOUTHWEST CORNER OF LOT 147 OF SAID SUBDIVISION; THENCE S88 °21'05 "W, 111.19 FEET TO THE POINT OF BEGINNING, CONTAINING 34.86 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the 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. ed and approved this 21st day of August 20_D2_ . A" MAYOR ATTEST: CITY CLERK. CORPORATE SEAL tAppr ed by wy'A'V, wz�a & /D /d ;) City Attorney's Office 5\ Ordinance No. 07 -4274 Page 3 It was moved by Vanaerhnef 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 Elliott x O'Donnell x Vanderhoef x . Wilburn First Consideration 7/24/2007 Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Bailty. NAYS: None.. ABSENT: Wilburn. Second Consideration --------------- - -- Vote for passage: Date published 8/29/2007 6\ [Same CZA for Ord. 07- 4273 and 07- 4274 1 Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ06- 00026) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Barker Development Co. (hereinafter "Owner "), and MBHG Investment Co., Inc. (hereinafter "Applicant "); WHEREAS, Owner is the legal title holder of approximately 34.86 acres of property located west of Whispering Meadows, Part 2; and WHEREAS, the Applicant, with the Owner's participation and consent, has requested the rezoning of a portion (approximately 15.42 acres) of said property from Medium Density Single Family Residential (RS -8) to High Density Single Family Residential (RS -12) and subsequent to this rezoning, requested a rezoning of the entire 34.86 acres of land from Medium Density Single Family Residential (RS -8) and High Density Single Family Residential (RS -12) to Planned Development Overlay 8 (OPD -8) and Planned Development Overlay 12 (OPD -12), respectively; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezonings and determined that, with appropriate conditions regarding adequate secondary access and street connectivity between neighborhoods and conditions addressing approval of wetland mitigation, monitoring, and long term maintenance of wetlands created in compensation for wetlands disturbed during development of the property, the proposed zoning is in conformance with the Comprehensive Plan and should be approved with said conditions; 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 directly caused by the requested change; and WHEREAS, the Owner and Applicant acknowledge and agree that certain conditions and restrictions are reasonable and necessary to ensure the development of the property is consistent with the Comprehensive Plan, to provide for safe and adequate traffic circulation between neighborhoods, to ensure that streets are not overburdened with traffic, and to provide for efficient provision of public and emergency services; and WHEREAS, the Owner and Applicant acknowledge and agree that the increased development potential that will result due to the requested up- zoning of the subject property along with the proposed disturbance of a significant portion of the sensitive features will make it necessary to construct off -site improvements, namely the extension of Whispering Meadows Drive, a collector street, across the abutting public property (Sycamore Greenway) to provide necessary secondary access to relieve traffic congestion on Lakeside Drive, a collector street, which would otherwise be overburdened with traffic generated by the proposed development; and WHEREAS, the City acknowledges the importance of providing affordable housing and in response to good faith efforts on the part of the Owner and Applicant to provide affordable housing, the City finds it reasonable to reimburse the developer for half the cost of constructing the aforementioned street connection across the Sycamore Greenway; and ppdaddVagVrezW-0002625 whispering mead 4 wmDined ua(2) 1 61 WHEREAS, the Owner and Applicant acknowledge and agree that certain conditions and restrictions are reasonable and necessary to protect, mitigate, monitor, and maintain wetland areas during and after development of the subject property; and WHEREAS, to satisfy public needs directly caused by the requested rezonings, the Owner and Applicant agree to develop the subject 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: Barker Development Co. is the legal title holder of the property legally described as follows: A PORTION OF THE SOUTHEAST ONE - QUARTER OF SECTION 23 AND A PORTION OF THE SOUTHWEST ONE - QUARTER OF SECTION 24, ALL IN TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS: AUDITOR'S PARCEL 2003100 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 23, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE S89 133'59 "W, ALONG THE SOUTH LINE OF THE SOUTHEAST ONE - QUARTER OF SAID SECTION 23, A DISTANCE OF 1318.71 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST ONE - QUARTER OF THE SOUTHEAST ONE - QUARTER OF SAID SECTION 23; THENCE N00 °02'18 "E, 1121.93 FEET TO THE SOUTHWEST CORNER OF LOT 13, LAKESIDE ADDITION TO IOWA CITY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF RECORDED IN PLAT BOOK 9 AT PAGE 99 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE S89 057'18 "E, ALONG THE SOUTHERLY LINE OF SAID LAKESIDE ADDITION TO IOWA CITY, IOWA, 1175.00 FEET TO THE NORTHWEST CORNER OF LOT 174, WHISPERING MEADOWS SUBDIVISION, PART TWO, TO IOWA CITY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK 34 AT PAGE 99 IN SAID RECORDER'S RECORDS; THENCE S00 °02'42 W, ALONG A WESTERLY LINE OF SAID WHISPERING MEADOWS SUBDIVISION, PART TWO, 127.00 FEET; THENCE N89 057'18 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 12.29 FEET; THENCE S00 002'42 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 203.50 FEET TO THE SOUTHWEST CORNER OF LOT 167 OF SAID SUBDIVISION; THENCE S89 057'18 "E, ALONG THE SOUTHERLY LINES OF SAID LOT 167 AND LOTS 166, 165, 164, 163, 162 AND PART OF LOT 161, A DISTANCE OF 298.23 FEET TO THE NORTHWEST CORNER OF LOT 154 OF SAID SUBDIVISION; THENCE S00 002'42 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 137.50 FEET; THENCE N89 057'18 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 20.00 FEET; THENCE S00 002'42 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 175.00 FEET; THENCE S05 044'59 "E, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 159.34 FEET TO THE SOUTHWEST CORNER OF LOT 150 OF SAID SUBDIVISION; THENCE S16 040'29 "W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 114.86 FEET; THENCE S01 138'48 "E, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 196.14 FEET TO THE SOUTHWEST CORNER OF LOT 147 OF SAID SUBDIVISION; THENCE S88 021'05 "W, 111.19 FEET TO THE POINT OF BEGINNING, CONTAINING 34.86 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owner and Applicant acknowledge and agree that the City wishes to ensure conformance to the principles of the Comprehensive Plan, provide for safe and adequate traffic circulation between neighborhoods, protect sensitive environmental features within the City, and provide opportunities for affordable housing. Further, the parties acknowledge and agree that Iowa Code §414.5 (2007) provides that the City of Iowa ppdadm/agVrez06-0002625 whispering mead 4 wmbined ¢a (2) 2 6 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 zoning change. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning and subdivision ordinances, as well as the following additional conditions: a) The Owner and /or Applicant will be responsible for extending Whispering Meadows Drive to the western edge of the Sycamore Greenway in an alignment determined by the City Engineer; and b) The Owner and /or Applicant will be responsible for extending Blazing Star Drive across City -owned property as illustrated on the plat in an alignment approved by the City Engineer; and c) The City will reimburse the applicant for one -half of the reasonable cost of construction of the portion of Whispering Meadows Drive that crosses the Sycamore Greenway and Owner /Applicant shall document said cost prior to reimbursement; and d) The City shall reimburse the applicant for the reasonable cost of the excess pavement required to meet collector street standards over that required for a 28 -foot wide local street for the entire length of the extension of Whispering Meadows Drive through the subject development and to the western edge of the Sycamore Greenway and Owner /Applicant shall document said cost prior to reimbursement; and e) The City shall reimburse the Owner and /or Applicant its share of the costs outlined in (c) and (d) above within thirty (30) days of the City's acceptance of the constructed Whispering Meadows Drive as a public improvement, provided the owner /applicant has provided documentation of said cost; and f) The Owner and /or Applicant will make a good faith effort to provide housing within the subject development that is affordable to residents with incomes at or below the Iowa City area median income and specifically use best efforts to encourage non- profit groups in the business of providing affordable housing to consider Whispering Meadows Part IV as a possible location for their projects. The Owner and /or Applicant will not discriminate against such groups and will act in a reasonable manner when presented with affordable housing projects in this development; and g) The City will provide for temporary construction easements on city property to allow for the construction of Whispering Meadows Drive across the Sycamore Greenway and for the extension of Blazing Star Drive across City owned property as illustrated on the plat. Upon concurrence by the City Attorney's Office, the Director of Public Works is hereby authorized to execute those agreements on behalf of the City; and h) The wetland mitigation plan must be approved by the Army Corps of Engineers and all other applicable State and Federal agencies prior to any development activity on the subject property; and ppdadMagVrez06-0002625 whisperirg mead 4 combined cza (2) 3 i) Copies of all site visit reports and annual monitoring reports submitted to the Army Corps of Engineers will be sent concurrently to the City; and j) The wetland mitigation site will be monitored by a wetland specialist for a period of not less than 5 years and continuing until 85% of the lots abutting the wetlands are developed and the other 15% of the lots abutting the wetlands are stabilized from erosion. Written reports by the wetland specialist shall be submitted to the City after every site visit and at least 3 site visits and reports shall occur per construction season, which for purposes of this agreement is defined as March 1 to October 31. The Owner and /or Applicant shall promptly repair any noted damage to the wetlands during the monitoring period; and k) Prior to final platting any portion of the subject property, the Owner /Applicant shall submit a maintenance plan prepared by a wetland specialist and approved by the City that estimates maintenance costs for the wetland areas and private open space within Outlots A and B, specifically details long term maintenance responsibilities, and describes generally to whom these responsibilities will be assigned; and 4. The Owner, the Applicant, and the City acknowledge and agree that the conditions contained herein are reasonable and necessary additional conditions to impose on the land under Iowa Code §414.5 (2007), and that said additional conditions are imposed to satisfy public needs that are directly caused by the requested zoning change. 5. The Owner, the Applicant, and the City acknowledge and agree that in the. event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform to the terms of this Conditional Zoning Agreement. 6. The parties acknowledge and agree that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowledge and agree 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 acknowledge and agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this `i day of 5S�k!j 20 01 Cl Z. qA ITY Ross Wilburn, Mayor Attest: BARKER DEVELOPMENT /COMPANY By: Avfjerr MBHG INVESTMENT COMPANY, INC. PNatlMa9lhez06- 0002625 Masp nag mead 4 wn bind as (2) 4 G\ Maria City Clem By. J —feJr, VCrdun Vim►'' � � • • � � STATE OF IOWA ) ) ss: JOHNSON COUNTY ) -51V On this lz�l/ day of Aur." -r- A.D. 20 Qj , before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilburn 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. s SONORAE FORT _ �. Commission Number 159791 My Commission ExPIres eW Notary Public in and for the State of Iowa My commission expires: 3%7/-?-`9l CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this aY' day of ':5Lk t y A.D. 20 0-? , beforje me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared f�o9 / and to &.A to me personally known, who, being by me duly sworn, did say that they are the 7F - r t and _ NA , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed ther to is the seal of said) said corporation by authority of its Board of Directors; and that the said oettrclovrt and N& as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. "ffi Notary Public in and for said County and State My commission expires: 01111114 v o 4Mw sandz3 u ass ww0 dW 40ti8)CiagwnNuoissiWt o auva ISO a ON VII �" vii pppad"agUrez06- 0002625 whispenrg mead 4 combined cza (2) 5 61 LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 9i1 day of �u 1.1 , A.D. 20 67 , before me, the undersigned, a Notary Public in / and for the State of Iowa, personally appeared 5 00 t C�ocY�an , to me personally known, who being by me duly sworn, did say that the person is ire M h r (title) of rn B N G , gnu+ �f W, A+& T „�, and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said yl?er»ltr� acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. Notary Public in and for the State of Iowa My commission expires: O 91olay L:> / off” s SHANNON DB STRAND i� CorimiSSlOn Number 718404 My Cm m�, 1 G Expires c ppdadMagVre 06tOn2625 whispering mead 4 combined ¢a (2) 6 } K} C.� , �� IIIlilllliillllllllllillllillillilillllllllillillilliliilllllllllllllillllllllll RDoc ecorded: 1%14/2007 at T11:32 :38 AM Fee Amt: $22.00 Paaa 1 of 1 KimnPainternCountvaRecorder SK4235 Pa889 STATE OF IOWA ) ) SS: JOHNSON COUNTY) We hereby certify that the final Planned Development Overlay (OPD) Plan for The Peninsula Revised First, Second and Third Additions, attached hereto, is a true and correct copy of the development plan approved by the City of Iowa City. Per Section 18 -8D -7 D.1.b. Final OPD Plan Approval — Administrative Review and Approval, this plan includes modification of the Required Street Building Line (RSBL) from 6 to 9 feet and side -lot line adjustments for lots 47, 48, 49 and 50. The City Clerk will file and record this plan and all necessary documents at the Owner's expense. Dated at Iowa City, Iowa, this 13th day of November, 2007. Jeff Davidson, Director of Planning and Community Development Mari n K. Karr, City Clerk 1 PCDlfnal opdh form 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 • FAX (319) 356 -5009 f,� V Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 3191356 -5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, OCTOBER 10, 2007 EMMA J. HARVAT HALL IIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIilllllllllllllllllllllllllll Doc ID: 021024100003 Tvoe: GEN Recorded: 11/19/2007 at 12:37:04 PM Fee Amt: $17.00 Paae 1 of 3 Johnson County Iowa Kim Painter Countv Recorder BK4236 PG741.743 MEMBERS PRESENT: Carol Alexander, Edgar Thornton, and Michael Wright STAFF PRESENT: Sarah Holecek, Sarah Walz OTHERS PRESENT: Shelly McCafferty, Frank Wagner SPECIAL EXCEPTION ITEMS: U rya 0 o -1-1 EXC07- 00007: An application submitted by Frank and Teresa Wagner for a special exception to reduce the required setbacks for a principal building from 15 feet to 11 feet (front setback) and from 5 feet to 3 feet (side setback) to all allow construction of an addition to the primary structure; and to reduce the required front setback for an accessory structure (an uncovered deck) from 10 feet to 5 feet (front setback) and from 5 feet to 3 feet (side setback) for property located in the Medium Density, Single - Family (RS -8) zone at 1104 Muscatine Avenue. Findings of Fact: The board finds that the property is located in the RS -8 zone, and because the property fronts on two streets, the zoning code requires a 15 -foot front yard setback along both street frontages (Washington St. and Muscatine Avenue). The board finds that the subject lot is irregular /triangular in shape and is approximately 3,400 square feet, which is smaller than the 5,000 square foot minimum required in the RS -8 zone. The board finds that the house is established within the required setbacks on three sides, and that the required setback along the Washington Street frontage covers nearly all of the available back yard space. The board finds that the topography of the property is sloped such that the rear yard is set 6 feet below the first -floor level of the house. The board finds that the proposed kitchen addition will replace a non - conforming mudroom and will increase the area of the house within the setback by approximately 4.18 square feet. The board finds that the proposed kitchen addition and proposed deck will extend back in line with the existing house and will remain a minimum of 3 feet from the side lot line. The board finds that the adjacent house at 1106 Muscatine is set more than 15 feet from the shared side lot line, and is positioned slightly forward from the rear yard of the subject property. The board finds that the subject property is located ih an older neighborhood with many small or oddly shaped lots, and that a number of properties in the immediate vicinity have principal or accessory structures established within the current required setbacks. The board finds that the proposed deck will be approximately 8 feet above the level of the adjacent sidewalk. The board finds that a privacy fence is presently established on top of the existing retaining wall abutting the public sidewalk. The board finds that all utilities, access roads, drainage and other facilities are already in place for this property and that the requested special exception has no impact on ingress or egress from the property. The board finds that the applicant will need to demonstrate compliance with all other code requirements in order for a building permit to be issued. Conclusions of Law: Because of the irregular shape and non - conforming size of the lot, the board concludes that the situation is peculiar to the property and that the topography and small size of the backyard create practical difficulty in complying with the setbacks as there is little possibility for useable outdoor private space on the property. Based on the arrangement of the adjacent house, which is set back more than 10 feet from the property line and set slightly forward of the subject property's rear yard, the reduction in the setback is not contrary to the purpose of the setback regulations with regard to maintaining light, air, and separation or opportunities for privacy. Because several properties in the immediate vicinity, especially along Muscatine Avenue, are set closer to the right -of -way than the present setback regulations require, the board concludes that the reduction in the setback will reflect the general placement of structures in the area. The board concludes that recommendations of staff for the removal of the existing privacy fence, the addition of five feet of landscaped space between the property line and the deck, as well as screening of the area under the deck will create an improved relationship between the property and the public sidewalk and will mitigate the height of the deck from street level by creating space for transition between the sidewalk and the deck. Because the requested special exception is not contrary to the purpose of the setback requirements and for other reasons stated above, the board concludes that granting the special exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare; nor will it 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 for the reasons listed above and because the area is fully developed, the special exception will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the zone. The board concludes that the proposed special exception is consistent with the Comprehensive Plan, which promotes the preservation and integrity of existing single family housing. Disposition: By a vote of 3 -0 the Board approves a special exception to reduce the required principal building setback from 15 feet to 11 feet (front setback) and 5 feet to 3 feet (side setback) subject to general compliance with the application submitted; and to reduce the setbacks for an accessory structure (uncovered deck) from 10 feet to 5 feet (front setback) and 5 feet to 3 feet (side setback) subject to removal of the existing privacy fence, providing five feet of landscaped space between the retaining wall and the deck, screening the area beneath the deck, and no re- installation of a fence between the deck and the right of way. 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 App� icant all 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 oTlowa' City, Iowa a-JO a_,4� Carol Alexander, Chairperson 71 5r' 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 10`" day of October, as the same appears of record in my Office. Dated at Iowa City, this / ry� day of 2007 Mari4rK. Karr, City Clerk rarR� � C� o 71 CA IIII�IIIInI�IN► i► ��I��Ii���i���i�i► ��il►►► i�i�i�� ►►�►►►i►���►►���iii���ii� ii Doc ID: 021031920077 Tvoe: GEN Recorded: 12/03/2007 at 10:41:27 AM Fee Amt: $387.00 Page 1 of 77 Johnson County Iowa Kim Painter Countv Recorder ^ ®� BK4240 PG 1.77 �,�, , CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 STATE OF IOWA ) (319) 356 -5000 ) SS (319) 356 -5009 FAX JOHNSON COUN'T'Y ) www.lcgov.org � I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a c'X tine and correct copy of Resolution No.07 -330 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 27th day of November, 2007, all as the same appears of record in my office. Also attached are the final legal documents for Cardinal Pointe South, Part One and Part Two Subdivision as follows: N LO Part One: co 1. Attorney's Title Opinion 2. Owner's Certificate 3. Mortgagee Consent to Subdivision d4. Certificate of County Treasurer 5. Certificate of County Auditor 6. Subdivider's Agreement 7. Sanitary Sewer Easement Agreement 8. Underground Utility Easements 9. Storm Sewer and Drainage Easement Agreement 10. Water Main Easement Agreement 11. Public Access & Eire Apparatus Access Easement CT HPart Two: CL 1. Attorney's Title Opinion 2. Owner's Certificate and Dedication y 3. Mortgagee Consent to Subdivision CO 4. Certificate of County Treasurer 1. 5. Certificate of County Auditor Q 6. Subdivider's Agreement CORPORATE 7. Sanitary Sewer Easement Agreement CORPORATE ^ ®De SEAL 8. Underground Utility Easements '++ 9. Stone Sewer and Drainage Easement Agreement Dated at Iowa City, Iowa, this 'sue day of ALuu6NUBEI2 , 2007. Marian 5K. Karr City Clerk \t-es subdivision `J� 7.07 6c Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5243 (SUB07- 00009) RESOLUTION NO. m_'i3D RESOLUTION APPROVING THE FINAL PLAT OF CARDINAL POINTE SOUTH - PART ONE AND PART TWO, IOWA CITY, IOWA. WHEREAS, the owners, Clear Creek, LLC. and The Crossing Development, LC., filed with the City Clerk of Iowa City, Iowa, the final plat of Cardinal Pointe South - Part One and Part Two, Iowa City, Iowa; and WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson County, Iowa, to wit: Cardinal Pointe South - Part One: COMMENCING AT THE EAST QUARTER CORNER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; THENCE N00 °36'36 "E, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF 773.45 FEET, TO THE POINT OF BEGINNING; THENCE N44 052'16 "W, 218.98 FEET; THENCE S79 028'14 "W, 277.09 FEET; THENCE S27 028'52 "W, 50.00 FEET; THENCE SOUTHWESTERLY, 39.91 FEET, ALONG A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 35.81 FOOT CHORD BEARS S71 °44'45 "W; THENCE SOUTHWESTERLY, 101.82 FEET, ALONG A 175.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 100.39 FOOT CHORD BEARS S42 °40'45 "W; THENCE S59 °20'52 "W, 175.26 FEET; THENCE N30 °39'08 "W, 50.00 FEET; THENCE S59 °20'52 "W, 205.07 FEET; THENCE SOUTHWESTERLY, 34.28 FEET, ALONG A 175.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 34.22 FOOT CHORD BEARS S53 °44'12 "W; THENCE S48 °07'32 "W, 89.11 FEET, TO A POINT ON THE EASTERLY LINE OF THE TRACT OF LAND DEPICTED ON THE ACQUISITION PLAT OF SURVEY, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 49, AT PAGE 128, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S59 020'52 "W ALONG SAID EASTERLY LINE, 20.00 FEET; THENCE NORTHWESTERLY, 31.42 FEET, ALONG SAID EASTERLY LINE, ON A 20.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 28.28 FOOT CHORD BEARS N75 °39'08 "W; THENCE N30 039'08 "W, ALONG SAID EASTERLY LINE, 286.27 FEET; THENCE NORTHWESTERLY, 366.81 FEET, ALONG SAID EASTERLY LINE, ON A 660.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 362.11 FOOT CHORD BEARS N14 043'50 "W; THENCE N01 °11'28 "E, ALONG SAID EASTERLY LINE, 420.64 FEET; THENCE NORTHWESTERLY, 179.41 FEET, ALONG SAID EASTERLY LINE, ON A 2550.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 179.38 FOOT CHORD BEARS N00 049'29 "W; THENCE NORTHEASTERLY, 62.65 FEET, ALONG SAID EASTERLY LINE, ON A 40.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 56.44 FOOT CHORD BEARS N42 001'38 "E; THENCE N86 °53'42 "E, ALONG SAID EASTERLY LINE, 20.03 FEET; THENCE NO3 °06'18 "W, ALONG SAID EASTERLY LINE, 33.00 FEET, TO THE NORTHEAST CORNER THEREOF, AND A POINT ON THE SOUTH LINE OF PARCEL 2005 -004, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 49, AT PAGES 89 -90 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N86 053'42 "E, ALONG SAID SOUTH LINE, 43.59 FEET; THENCE NORTHEASTERLY, 244.97 FEET, ALONG SAID SOUTH LINE, ON A 1000.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 244.36 FOOT Resolution No. 07 -330 Page 2 CHORD BEARS N79 052'37 "E; THENCE SOUTHEASTERLY, 633.83 FEET, ALONG SAID SOUTH LINE, AND THE SOUTH LINE OF PARCEL 2005 -005, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 49, AT PAGE 89 -90 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, ON A 1000.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 623.27 FOOT CHORD BEARS S88 058'59 "E; THENCE SOUTHEASTERLY, 243.11 FEET, ALONG THE SOUTH LINE OF SAID PARCEL 2005 -005, ON A 750.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 242.05 FOOT CHORD BEARS S80 006'42 "E; THENCE S89 023'52 "E, ALONG SAID SOUTH LINE, 9.11 FEET, TO ITS INTERSECTION WITH THE WESTERLY LINE OF CARDINAL RIDGE - PART THREE, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 51, AT PAGE 14 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00 036'32 "W, ALONG SAID WESTERLY LINE, 32.26 FEET; THENCE S89 023'28 "E, ALONG SAID WESTERLY LINE, 5.00 FEET; THENCE SOUTHEASTERLY, 31.42 FEET, ALONG SAID WESTERLY LINE, ON A 20.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 28.28 FOOT CHORD BEARS S44 °23'28 "E; THENCE S00 036'32 "W, ALONG SAID WESTERLY LINE, 111.03 FEET, TO THE SOUTHWEST CORNER THEREOF; THENCE S89 023'28 "E, ALONG THE SOUTH LINE OF SAID CARDINAL RIDGE - PART THREE, A DISTANCE OF 50.00 FEET, TO ITS INTERSECTION WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, AND THE WEST LINE OF CARDINAL RIDGE - PART TWO, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 50, AT PAGE 55 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00 °36'36 "W, ALONG SAID EAST AND WEST LINES, 842.28 FEET, TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 31.36 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Cardinal Pointe South - Part Two: COMMENCING AT THE EAST QUARTER CORNER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; THENCE N00 036'36 "E, ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, 371.76 FEET, TO THE POINT OF BEGINNING; THENCE S59 057'49 "W, 654.09 FEET; THENCE S89 °25'22 "W, 300.30 FEET, TO A POINT ON THE EASTERLY LINE, OF THE PARCEL DEPICTED ON THE "ACQUISITION PLAT OF SURVEY ", IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 49, AT PAGE 128, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE NORTHWESTERLY, 379.98 FEET, ALONG SAID EASTERLY LINE ON A 760.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 376.03 FOOT CHORD BEARS N16 019'46 "W; THENCE N30 039'08 "W, ALONG SAID EASTERLY LINE, 30.91 FEET; THENCE NORTHEASTERLY, 31.42 FEET, ALONG SAID EASTERLY LINE ON A 20.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 28.28 FOOT CHORD BEARS N14 °20'52 "E; THENCE N59 020'52 "E, ALONG SAID EASTERLY LINE, 20.00 FEET; THENCE N30 039'08 "W, ALONG SAID EASTERLY LINE, 60.00 FEET, TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF CARDINAL POINTE SOUTH PART ONE, IN ACCORDANCE WITH THE RECORDED PLAT THEREOF; THENCE N48 °07'32 "E, ALONG SAID SOUTHERLY LINE, 89.11 FEET; THENCE NORTHEASTERLY 34.28 FEET, ALONG SAID SOUTHERLY LINE, ON A 175.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 34.22 FOOT CHORD BEARS N53 044'12 "E; THENCE N59 020'52 "E, ALONG SAID SOUTHERLY LINE, 205.07 FEET; THENCE S30 039'08 "E, ALONG SAID SOUTHERLY LINE, 50.00 FEET; THENCE N59 °20'52 "E, ALONG SAID SOUTHERLY LINE, 175.26 FEET; THENCE NORTHEASTERLY 101.82 FEET, ALONG SAID SOUTHERLY LINE, ON A 175.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 100.39 FOOT CHORD BEARS N42 040'45 "E; THENCE NORTHEASTERLY, 39.91 FEET, ALONG SAID SOUTHERLY LINE, ON A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 35.81 FOOT CHORD BEARS N71 044'45 "E; THENCE N27 °28'52 "E, ALONG SAID SOUTHERLY LINE, 50.00 FEET; THENCE N79 °28'14 "E, ALONG SAID SOUTHERLY LINE, 277.09 FEET; THENCE S44 °52'16 "E, ALONG SAID SOUTHERLY LINE, 218.98 FEET, TO THE SOUTHEAST CORNER THEREOF, THE WEST LINE OF CARDINAL RIDGE PART TWO, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 50, AT PAGE 55, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, AND THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12; THENCE S00 °36'36 "W, ALONG SAID WEST AND EAST LINES, A DISTANCE OF 401.69 FEET, TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 13.69 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 6� Resolution � No. o7_23n Page 3— 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 after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision conform 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 Cardinal Pointe South — Part One and Part Two, Iowa City, Iowa located on the above - described real estate is hereby approved. 2. The City accepts the dedication of the street, easements as provided by and specifically sets aside portions of 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 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 27th day of ( November 20_01_. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office It was moved by O'Donnell and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: X x X X x X ped/staff repoNresmnal -re SUB07- 00009.do NAYS: ABSENT: Bailey Champion Correia x Elliot O'Donnell Vanderhoef Wilburn 5�' Prepared by and Return to: C. 7osepb Holland, 123 N. Linn St., Suite 300, Iowa City, IA 52244, (319) 354 -0331 ATTORNEY'S TITLE OPINION Re: Cardinal Pointe South Part One located in Iowa City, Iowa, and legally described in Exhibit A attached. I, C. Joseph Holland, state that I am a practicing attorney in the State of Iowa and that I have examined a complete abstract of title to the above - described property. The abstract of title has been continued to October 26, 2007 at 8:00 a.m. and as of that date the abstract shows that fee title to the above - described property is in Clear Creek LLC, subject to a Sales Agreement, a Memorandum of which is recorded in Book 1795, page 129 in the records of the Johnson County Recorder, which Sales Agreement has been assigned to The .Crossing Development LC pursuant to an Assignment recorded October 25, 2007 in Book 4229, page 711 in the records of the Johnson County Recorder. The real estate is subject to the following mortgage: A mortgage in favor of the City of Iowa City, Iowa recorded the 17" day of May, 2005 in Book 3877, page 419 in the records of the Johnson County Recorder. 6,- I further certify that except as above stated the property is free from encumbrance. Dated as of this --2-1 day of / y C. Josepq Hd11and 2007. \\ Server \shared \WPDDCS \REALEST \!Subdiv \Cardinal Pointe South Part One \Title Opinion 1116O7.wpd 64 Exhibit A Cardinal Pointe South Part One A Portion of the Southeast Quarter of the Northeast Quarter, and a Portion of the Northeast Quarter of the Northeast Quarter all of Section 12, Township 79 North, Range 7 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the East Quarter Corner of Section 12, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence N00'36'36 "E, along the East Line of the Northeast Quarter of said Section 12, a distance of 773.45 feet, to the Point of Beginning; Thence N44'52116 "W, 218.98 feet; Thence 579'28'14 "W, 277.09 feet; Thence 527'28'52 "W, 50.00 feet; Thence Southwesterly, 39.91 feet, along a 25.00 foot radius curve, concave Southeasterly, whose 35.81 foot chord bears 571'44145 "W; Thence Southwesterly, 101.82 feet, along a 175.00 foot radius curve, concave Northwesterly, whose 100.39 foot chord bears 542'40145 "W; Thence S59'20'52 "W, 175.26 feet; Thence N30'39'08 "W, 50.00 feet; Thence S59'20152 11W, 205.07 feet; Thence Southwesterly, 34.28 feet, along a 175.00 foot radius curve, concave Southeasterly, whose 34.22 foot chord bears S53'44112 "W; Thence S48'07132 "W, 89.11 feet, to a Point on the Easterly Line of the Tract of land depicted on the Acquisition Plat of Survey, in accordance with the Plat thereof Recorded in Plat Book 49, at Page 128, of the Records of the Johnson County Recorder's Office; Thence S59'20'52 "W along said Easterly Line, 20.00 feet; Thence Northwesterly, 31.42 feet, along said Easterly Line, on a 20.00 foot radius curve, concave Northeasterly, whose 28.28 foot chord bears N75'39108 "W; Thence N30'39'08 "W, along said Easterly Line, 286.27 feet; Thence Northwesterly, 366.81 feet, along said Easterly Line, on a 660.00 foot radius curve, concave Northeasterly, whose 362.11 foot chord bears N14'43150 "W; Thence N01'11128 "E, along said Easterly Line, 420.64 feet; Thence Northwesterly, 179.41 feet, along said Easterly Line, on a 2550.00 foot radius curve, concave Southwesterly, whose 179.38 foot chord bears N00'49'29 "W; Thence Northeasterly, 62.65 feet, along said Easterly Line, on a 40.00 foot radius curve, concave Southeasterly, whose 56.44 foot chord bears N42'01138 "E; Thence N86'53'42 "E, along said Easterly Line, 20.03 feet; Thence NO3'06'18 "W, along said Easterly Line, 33.00 feet, to the Northeast Corner thereof, and a Point on the South Line of Parcel 2005- 004, in accordance with the Plat thereof Recorded in Plat Book 49, at Pages 89 -90 of the Records of the Johnson County Recorder's Office; Thence N86'53'42 "E, along said South Line, 43.59 feet; Thence Northeasterly, 244.97 feet, along said South Line, on a 1000.00 foot radius curve, concave Northwesterly, whose 244.36 foot chord bears N79'52'37 "E; Thence Southeasterly, 633.83 feet, along said South Line, and the South Line of Parcel 2005 -005, in accordance with the Plat thereof Recorded in Plat Book 49, at Page 89 -90 of the Records of the 5`- Johnson County Recorder's Office, on a 1000.00 foot radius curve, concave Southwesterly, whose 623.27 foot chord bears 588'58'59 "E; Thence Southeasterly, 243.11 feet, along the South Line of said Parcel 2005 -005, on a 750.00 foot radius curve, concave Northeasterly, whose 242.05 foot chord bears S80'06'42 "E; Thence 589'23'52 "E, along said South Line, 9.11 feet, to its intersection with the Westerly Line of Cardinal Ridge - Part Three, in accordance with the Plat thereof Recorded in Plat Book 51, at Page 14 of the Records of the Johnson County Recorder's Office; Thence S00'36'32 "W, along said Westerly Line, 32.26 feet; Thence S89'23128 "E, along said Westerly Line, 5.00 feet; Thence Southeasterly, 31.42 feet, along said Westerly Line, on a 20.00 foot radius curve, concave Southwesterly, whose 28.28 foot chord bears 544'23'28 "E; Thence S00'36'32 "W, along said Westerly Line, 111.03 feet, to the Southwest Corner thereof; Thence 589'23'28 "E, along the South Line of said Cardinal Ridge - Part Three, a distance of 50.00 feet, to its intersection with the East Line of the Northeast Quarter of said Section 12, and the West Line of Cardinal Ridge - Part Two, in accordance with the Plat thereof Recorded in Plat Book 50, at Page 55 of the Records of the Johnson County Recorder's Office; Thence S00'36'36 "W, along said East and West lines, 842.28 feet, to the Point of Beginning. Said Tract of land contains 31.36 acres, more or less, and is subject to easements and restrictions of record. 6q Prepared by and Return to: C. Joseph Holland, 123 N. Linn St., Suite 300, Iowa City, IA 52244 (319) 354 -0331 OWNER'S CERTIFICATE Clear Creek, L.L.C. and The Crossing Development LC request approval of the subdivision known as Cardinal Pointe South Part One, said subdivision shown on the preliminary and final plat thereof to which this document is attached, which is a subdivision of the property described in the attached Exhibit A. The undersigned further states that subdivision is made with the free consent and in accordance with the desire of the undersigned, owners of the land included within the subdivision. The streets and easements within the boundaries of the subdivision are hereby dedicated to the public as provided for by Section 354.19 of the Code of Iowa (2007). Dated as of this ;I of 1gou4m.AE2 , 2007. Clear Creek, L.L.C. 0 by: Teresa L. Morrow, Member and Manager 6� The Crossing Development LC by: Dennis Craven, Member and Manager STATE OF IOWA, COUNTY OF JOHNSON, SS: This instrument was acknowledged before me on this Z day of _ tiomm b-c1, , 2007, by Teresa L. Morrow, as Member and Manager of Clear Creek, L.L.C. ANGELAJ ACOBY Not- ary P blic ^N mbrt?216 ra.' My Cwnmbebn' n Commission Expires:] b STATE OF IOWA, COUNTY OF JOHNSON, SS: This instrument was acknowledged before me on this J-D— day of (7UQ h4 y- , 2007, by Dennis Craven, Member and Manager of The Crossing Development LC. �v ANGELA JACOBY otary P blic Cav ® b N mbar lP2ie I /� �� M1*J CommssaoEres Commission Expir s:��, 141r1 (/A�(` -ll�l �re,.� \ \Server\ shared \WPDOCS \REALEST \!Subdiv \Cardinal Pointe South Part One \111607 redrafts per City \OwnersCertificate 111607.wpd J Prepared by and Return to: C. Joseph Holland, 123 N. Linn St., Suite 300, Iowa City, IA 52244, (319) 354 -0331 MORTGAGEE CONSENT TO SUBDIVISION The undersigned, on behalf of the City of Iowa City, Iowa states that the City of Iowa City, Iowa holds a mortgage on the property included within Cardinal Pointe South Part One as follows: A mortgage in favor of the City of Iowa City, Iowa recorded the 17th day of May, 2005 in Book 3877, page 419 in the records of the Johnson County Recorder. The property included within Cardinal Pointe South Part One is described in Exhibit A attached. The undersigned, on behalf of the City of Iowa City, Iowa, states that it consents to the subdivision of the above - described property into Cardinal Pointe South Part One and hereby releases any and all liens against those portions of the property dedicated to the public. Dated as of this Q_rday of 2007. owa City By: Ross Wilburn, Mayor By Marian K. Karr, City Clerk j STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this A7 day of knQr:j Rr- -jZ_ 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn 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. ,rp1�u SONDRAm FORT i �. Commission Number 159791 My Comm] ion Ex ores Notary Public for the state of Iowa ww DO \ \Server\ shared \WPDOCS \REALEST \!Subdiv \Cardinal Pointe South Part One \MortgageeConsent 111607.wpd r)q, Exhibit A Cardinal Pointe South Part One A Portion of the Southeast Quarter of the Northeast Quarter, and a Portion of the Northeast Quarter of the Northeast Quarter all of Section 12, Township 79 North, Range 7 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the East Quarter Corner of Section 12, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence N00'36'36 "E, along the East Line of the Northeast Quarter of said Section 12, a distance of 773.45 -feet, to the Point of Beginning; Thence N44'52116 "W, 218.98 feet; Thence S79'28114 "W, 277.09 feet; Thence S27'28'52 "W, 50.00 feet; Thence Southwesterly, 39.91 feet, along a 25.00 foot radius curve, concave Southeasterly, whose 35.81 foot chord bears S71'44'45 "W; Thence Southwesterly, 101.82 feet, along a 175.00 foot radius curve, concave Northwesterly, whose 100.39 foot chord bears 542'40'45 "W; Thence 559'20'52 "W, 175.26 feet; Thence N30'39'08 "W, 50.00 feet; Thence S59'20'52 "W, 205.07 feet; Thence Southwesterly, 34.28 feet, along a 175.00 foot radius curve, concave Southeasterly, whose 34.22 foot chord bears 553'44'12 "W; Thence S48'07132 "W, 89.11 feet, to a Point on the Easterly Line of the Tract of land depicted on the Acquisition Plat of Survey, in accordance with the Plat thereof Recorded in Plat Book 49, at Page 128, of the Records of the Johnson County Recorder's Office; Thence 559'20'52 "W along said Easterly Line, 20.00 feet; Thence Northwesterly, 31.42 feet, along said Easterly Line, on a 20.00 foot radius curve, concave Northeasterly, whose 28.28 foot chord bears N75'39'08 "W; Thence N30'39'08 "W, along said Easterly Line, 286.27 feet; Thence Northwesterly, 366.81 feet, along said Easterly Line, on a 660.00 foot radius curve, concave Northeasterly, whose 362.11 foot chord bears N14'43'50 "W; Thence N01'11'28 "E, along said Easterly Line, 420.64 feet; Thence Northwesterly, 179.41 feet, along said Easterly Line, on a 2550.00 foot radius curve, concave Southwesterly, whose 179.38 foot chord bears N00'49129 "W; Thence Northeasterly, 62.65 feet, along said Easterly Line, on a 40.00 foot radius curve, concave Southeasterly, whose 56.44 foot chord bears N42'01'38 "E; Thence N86'53'42 "E, along said Easterly Line, 20.03 feet; Thence NO3'06'18 "W, along said Easterly Line, 33.00 feet, to the Northeast Corner thereof, and a Point on the South Line of Parcel 2005- 004, in accordance with the Plat thereof Recorded in Plat Book 49, at Pages 89 -90 of the Records of the Johnson County Recorder's Office; Thence N86'53'42 "E, along said South Line, 43.59 feet; Thence Northeasterly, 244•.97 feet, along said South Line, on a 1000.00 foot radius curve, concave Northwesterly, whose 244.36 foot chord bears N79'52'37 "E; Thence Southeasterly, 633.83 feet, along said South Line, and the South Line of Parcel 2005 -005, in accordance with the Plat thereof Recorded in Plat Book 49, at Page 89 -90 of the Records of the 5q Johnson County Recorder's Office, on a 1000.00 foot radius curve, concave Southwesterly, whose 623.27 foot chord bears S88'58'59 "E; Thence Southeasterly, 243.11 feet, along the South Line of said Parcel 2005 -005, on a 750.00 foot radius curve, concave Northeasterly, whose 242.05 foot chord bears 580'06'42 "E; Thence 589'23'52 "E, along said South Line, 9.11 feet, to its intersection with the Westerly Line of Cardinal Ridge - Part Three, in accordance with the Plat thereof Recorded in Plat Book 51, at Page 14 of the Records of the Johnson County Recorder's Office; Thence S00'36'32 "W, along said Westerly Line, 32.26 feet; Thence S89'23'28 "E, along said Westerly Line, 5.00 feet; Thence Southeasterly, 31.42 feet, along said Westerly Line, on a 20.00 foot radius curve, concave Southwesterly, whose 28.28 foot chord bears S44'23'28 "E; Thence S00'36132 1'W, along said Westerly Line, 111.03 feet, to the Southwest Corner thereof; Thence S89'23'28 "E, along the South Line of said Cardinal Ridge - Part Three, a distance of 50.00 feet, to its intersection with the East Line of the Northeast Quarter of said Section 12, and the West Line of Cardinal Ridge - Part Two, in accordance with the Plat thereof Recorded in Plat Book 50, at Page 55 of the Records of the Johnson County Recorder's Office; Thence S00'36'36 "W, along said East and West lines, 842.28 feet, to the Point of Beginning. Said Tract of land contains 31.36 acres, more or less, and is subject to easements and restrictions of record. 5L�- and return to: Prep,wed b✓ C. Joseph I lolland 123 N Linn St Spite 300, P.O. Box 2820 Iowa City, IA 52244, (319) 354 -0331 CERTIFICATE OF COUNTY TREASURER I, Thomas L. Kriz, Johnson County Treasurer, certify that all real estate taxes and special assessments have been paid with reference to the property described in the attached Exhibit A as of the date of this certificate. Dated as of this 31ST day of October, 2007. ,eb �S� Thomas L. Kriz, County Treasurer by: Parcel H: I I - IZ' 107> - OOZ II • I • V1 •002 , Deputy \ \Server\ shared \WPDOCS \REALEST \!Subdiv \Cardinal Pointe South Part One \TreasurersCertificate 101207,wpd 5q Exhibit A Cardinal Pointe South Part One A Portion of the Southeast Quarter of the Northeast Quarter, and a Portion of the Northeast Quarter of the Northeast Quarter all of Section 12, Township 79 North, Range 7 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the East Quarter Corner of Section 12, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence N00'36'36 "E, along the East Line of the Northeast Quarter of said Section 12, a distance of 773.45 feet, to the Point of Beginning; Thence N44'52116 11W, 218.98 feet; Thence 579'28'14 "W, 277.09 feet; Thence S27'28152 "W, 50.00 feet; Thence Southwesterly, 39.91 feet, along a 25.00 foot radius curve, concave Southeasterly, whose 35.81 foot chord bears S71'44'45 "W; Thence Southwesterly, 101.82 feet, along a 175.00 foot radius curve, concave Northwesterly, whose 100.39 foot chord bears 542'40'45 "W; Thence S59'20'52 "W, 175.26 feet; Thence N30'39'08 "W, 50.00 feet; Thence S59'20152 "W, 205.07 feet; Thence Southwesterly, 34.28 feet, along a 175.00 foot radius curve, concave Southeasterly, whose 34.22 foot chord bears 553'44'12 "W; Thence S48'07132 "W, 89.11 feet, to a Point on the Easterly Line of the Tract of land depicted on the Acquisition Plat of Survey, in accordance with the Plat thereof Recorded in Plat Book 49, at Page 128, of the Records of the Johnson County Recorder's Office; Thence 559'20152 "W along said Easterly Line, 20.00 feet; Thence Northwesterly, 31.42 feet, along said Easterly Line, on a 20.00 foot radius curve, concave Northeasterly, whose 28.28 foot chord bears N75'39108 "W; Thence N30'39'08 "W, along said Easterly Line, 286.27 feet; Thence Northwesterly, 366.81 feet, along said Easterly Line, on a 660.00 foot radius curve, concave Northeasterly, whose 362.11 foot chord bears N14'43'50 "W; Thence NOl'11128 "E, along said Easterly Line, 420.64 feet; Thence Northwesterly, 179.41 feet, along said Easterly Line, on a 2550.00 foot radius curve, concave Southwesterly, whose 179.38 foot chord bears NOO'49'29 "W; Thence Northeasterly, 62.65 feet, along said Easterly Line, on a 40.00 foot radius curve, concave Southeasterly, whose 56.44 foot chord bears N42'01'38 "E; Thence N86'53'42 "E, along said Easterly Line, 20.03 feet; Thence NO3'06'18 "W, along said Easterly Line, 33.00 feet, to the Northeast Corner thereof, and a Point on the South Line of Parcel 2005- 004, in accordance with the Plat thereof Recorded in Plat Book 49, at Pages 89 -90 of the Records of the Johnson County Recorder's Office; Thence N86'53'42 "E, along said South Line, 43.59 feet; Thence Northeasterly, 244.97 feet, along said South Line, on a 1000.00 foot radius curve, concave Northwesterly, whose 244.36 foot chord bears N79'52'37 "E; Thence Southeasterly, 633.83 feet, along said South Line, and the South Line of Parcel 2005 -005, in accordance with the Plat thereof Recorded in Plat Book 49, at Page 89 -90 of the Records of the 6q Johnson County Recorder's Office, on a 1000.00 foot radius curve, concave Southwesterly, whose 623.27 foot chord bears 588'58'59 "E; Thence Southeasterly, 243.11 feet, along the South Line of said Parcel 2005 -005, on a 750.00 foot radius curve, concave Northeasterly, whose 242.05 foot chord bears S80 °06'42 "E; Thence S89 °23152 "E, along said South Line, 9.11 feet, to its intersection with the Westerly Line of Cardinal Ridge - Part Three, in accordance with the Plat thereof Recorded in Plat Book 51, at Page 14 of the Records of the Johnson County Recorder's Office; Thence S00'36'32 "W, along said Westerly Line, 32.26 feet; Thence S89'23'28 "E, along said Westerly Line, 5.00 feet; Thence Southeasterly, 31.42 feet, along said Westerly Line, on a 20.00 foot radius curve, concave Southwesterly, whose 28.28 foot chord bears S44'23'28 "E; Thence S00'36'32 "W, along said Westerly Line, 111.03 feet, to the Southwest Corner thereof; Thence S89'23'28 "E, along the South Line of said Cardinal Ridge - Part Three, a distance of 50.00 feet, to its intersection with the East Line of the Northeast Quarter of said Section 12, and the West Line of Cardinal Ridge - Part Two, in accordance with the Plat thereof Recorded in Plat Book 50, at Page 55 of the Records of the Johnson County Recorder's Office; Thence S00'36'36 "W, along said East and West lines, 842.28 feet, to the Point of Beginning. Said Tract of land contains 31.36 acres, more or less, and is subject to easements and restrictions of record. and return to: Prepared by/C. Joseph Holland, 123 N. Linn St., Suite 300, P.O. Box 2820, Iowa City, IA 52244, (319) 354 -0331 CERTIFICATE OF COUNTY AUDITOR APPROVAL OF SUBDIVISION NAME I, Thomas S. Slockett, Johnson County Auditor, approve the name Cardinal Pointe South Part One with reference to the property described in the attached Exhibit A. Dated as of this 21'M day of October, 2007. Thomas S!' Slockett, County Auditor G by: Deputy '64 Exhibit A Cardinal Pointe South Part One A Portion of the Southeast Quarter of the Northeast Quarter, and a Portion of the Northeast Quarter of the Northeast Quarter all of Section 12, Township 79 North, Range 7 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the East Quarter Corner of Section 12, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence N00'36'36 "E, along the East Line of the Northeast Quarter of said Section 12, a distance of 773.45 feet, to the Point of Beginning; Thence N44'52116 11W, 218.98 feet; Thence S79'28114 "W, 277.09 feet; Thence S27'28152 "W, 50.00 feet; Thence Southwesterly, 39.91 feet, along a 25.00 foot radius curve, concave Southeasterly, whose 35.81 foot chord bears 571'44'45 "W; Thence Southwesterly, 101.82 feet, along a 175.00 foot radius curve, concave Northwesterly, whose 100.39 foot chord bears 542'40'45 "W; Thence S59'20'52 "W, 175.26 feet; Thence N30'39'08 "W, 50.00 feet; Thence S59'20152 11W, 205.07 feet; Thence Southwesterly, 34.28 feet, along a 175.00 foot radius curve, concave Southeasterly, whose 34.22 foot chord bears S53'44'12 "W; Thence S48'07132 "W, 89.11 feet, to a Point on the Easterly Line of the Tract of land depicted on the Acquisition Plat of Survey, in accordance with the Plat thereof Recorded in Plat Book 49, at Page 128, of the Records of the Johnson County Recorder's Office; Thence 559'20152 "W along said Easterly Line, 20.00 feet; Thence Northwesterly, 31.42 feet, along said Easterly Line, on a 20.00 foot radius curve, concave Northeasterly, whose 28.28 foot chord bears N75'39'08 "W; Thence N30'39'08 "W, along said Easterly Line, 286.27 feet; Thence Northwesterly, 366.81 feet, along said Easterly Line, on a 660.00 foot radius curve, concave Northeasterly, whose 362.11 foot chord bears N14'43'50 "W; Thence N01'11'28 "E, along said Easterly Line, 420.64 feet; Thence Northwesterly, 179.41 feet, along said Easterly Line, on a 2550.00 foot radius curve, concave Southwesterly, whose 179.38 foot chord bears N00'49'29 "W; Thence Northeasterly, 62.65 feet, along said Easterly Line, on a 40.00 foot radius curve, concave Southeasterly, whose 56.44 foot chord bears N42'01'38 "E; Thence N86'53'42 "E, along said Easterly Line, 20.03 feet; Thence NO3'06'18 "W, along said Easterly Line, 33.00 feet, to the Northeast Corner thereof, and a Point on the South Line of Parcel 2005- 004, in accordance with the Plat thereof Recorded in Plat Book 49, at Pages 89 -90 of the Records of the Johnson County Recorder's Office; Thence N86'53'42 "E, along said South Line, 43.59 feet; Thence Northeasterly, 244.97 feet, along said South Line, on a 1000.00 foot radius curve, concave Northwesterly, whose 244.36 foot chord bears N79'52137 "E; Thence Southeasterly, 633.83 feet, along said South Line, and the South Line of Parcel 2005 -005, in accordance with the Plat thereof Recorded in Plat Book 49, at Page 89 -90 of the Records of the 5`� Johnson County Recorder's Office, on a 1000.00 foot radius curve, concave Southwesterly, whose 623.27 foot chord bears S88'58'59 "E; Thence Southeasterly, 243.11 feet, along the South Line of said Parcel 2005 -005, on a 750.00 foot radius curve, concave Northeasterly, whose 242.05 foot chord bears S80'06'42 "E; Thence 589'23152 "E, along said South Line, 9.11 feet, to its intersection with the Westerly Line of Cardinal Ridge - Part Three, in accordance with the Plat thereof Recorded in Plat Book 51, at Page 14 of the Records of the Johnson County Recorder's Office; Thence S00'36'32 "W, along said Westerly Line, 32.26 feet; Thence S89'23'28 "E, along said Westerly Line, 5.00 feet; Thence Southeasterly, 31.42 feet, along said Westerly Line, on a 20.00 foot radius curve, concave Southwesterly, whose 28.28 foot chord bears 544'23128 "E; Thence 500'36'32 "W, along said Westerly Line, 111.03 feet, to the Southwest Corner thereof; Thence S89'23'28 "E, along the South Line of said Cardinal Ridge - Part Three, a distance of 50.00 feet, to its intersection with the East Line of the Northeast Quarter of said Section 12, and the West Line of Cardinal Ridge - Part Two, in accordance with the Plat thereof Recorded in Plat Book 50, at Page 55 of the Records of the Johnson County Recorder's Office; Thence S00'36'36 "W, along said East and West lines, 842.28 feet, to the Point of Beginning. Said Tract of land contains 31.36 acres, more or less, and is subject to easements and restrictions of record. 5� Prepared by and return to: Sara Greenwood Hektoen, City Hall, 410 E. Washington St., Iowa City, IA 52240(319)356-5030 SUBDIVIDER'S AGREEMENT CARDINAL POINTE SOUTH PART ONE IOWA CITY, JOHNSON COUNTY, IOWA THIS AGREEMENT made by and among Clear Creek, L.L.C., The Crossing Development LC, the owners, hereinafter called "Owners ", Southgate Development Services L.L.C., the subdivider, hereinafter called "Subdivider ", and the City of Iowa City, Iowa, a municipal corporation hereinafter called the "City ". IT IS HEREBY AGREED AS FOLLOWS: Section 1. Public improvements. In consideration of the City approving the Plat of Cardinal Pointe South Part One, hereinafter the "Subdivision ", the Owners and Subdivider agree as a covenant running with the land as follows: Subject to Section 4, the City shall not issue a Building Permit for any of the lots in the Subdivision unless and until water mains, sanitary sewers, storm sewers and drainageways, concrete street paving, and a 4 -foot wide sidewalk adjacent to Ryan Court abutting Outlot A, hereinafter "Improvements ", have been installed in the Subdivision as required by the City's Subdivision Ordinance; and until said improvements have been accepted by the City; and subdivision erosion control measures have been installed as required by the City under its ordinances. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original improvements at issue herein. Nor shall the Owners and Subdivider 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 improvements herein shall be in accordance with City specifications, and the obligation to install said improvements shall remain with the Owners and the Subdivider until completion by the Owners and Subdivider, and until acceptance of the improvements by the City, as provided by law. Section 2. Storm Water Management. Storm water management requirements for this subdivision have been satisfied with the regional storm water detention facility constructed as part of the Camp Cardinal Boulevard Improvements Project. The storm water detention facility is located along the west side of Camp Cardinal Boulevard on a branch of Clear Creek. The Owners and Subdivider are responsible for installing 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 said branch of Clear Creek. Section 3. Construction of Improvements. All Improvements described in Section 1 of this Agreement shall be constructed and installed by the Owners and 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 is in compliance with said plans and specifications. Section 4. Sidewalks. The Owners and Subdivider agree to install sidewalks abutting each of the platted lots in said Subdivision. Said sidewalk shall be at least 4 feet in width according to specifications approved by the City Engineer for the City of Iowa City, Iowa. The sidewalks shall be installed in the Subdivision covered by this Agreement as required by Sections 14 -1C -1, 2 and 3 and Section 14 -7C -5, Iowa City Code of Ordinances, and shall remain 5� a lien on each abutting platted lot until installed and released by the City, and the Release duly recorded in the Johnson County Recorder's office. The Owners and Subdivider, or their successor(s), shall install the sidewalk abutting each numbered lot in the Subdivision when each such lot is developed. The sidewalk adjacent to Ryan Court abutting Outlet A shall be installed concurrently with the paving of Ryan Court. Section 5. Building Permits and Escrow Monies. In the event the Owners and Subdivider, or their assigns or successors in interest, should desire a building permit on any lot in the Subdivision before the Improvements 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 pursuant to section 14 -7B -3 of the Iowa City Code of Ordinances, the Owners and Subdivider, or their assigns or successors in interest, shall deposit with the City Finance Department, in escrow, an amount equal to 110% of the estimated cost of said Improvements as determined by the City Engineer (hereinafter "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 Owners and 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 Owners and Subdivider shall be responsible for the cost of any such clean -up and to the extent that they fail 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 Owners and Subdivider. If the Erosion Clean - Up Escrow is insufficient to pay the costs incurred by the City, the Owner and 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 Owners and Subdivider after erosion control measures have been installed, and ground cover has been established by growth. 5�. 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. Neighborhood Open Space. Subdivider shall dedicate Outlet B in the Subdivision to the City for neighborhood open space, subject only to the easements thereon as shown on final plat. The Owners and Subdivider shall be responsible for all initial improvements within the easement areas, final grading and establishing satisfactory ground cover on Outlet B, as well as controlling erosion until such ground cover is reasonably established. The City shall not accept dedication of Outlet B until: A. All Improvements required by Section 1 herein have been installed and completed by the Owners and Subdivider, or their successors in interest, and accepted by the City, and ground cover has been reasonably established on all areas graded or otherwise disrupted by development activity. B. The City has issued occupancy permits for 90% of the numbered lots in the Subdivision abutting Outlot B. When the foregoing conditions have been met, or sooner waived by the City in its sole discretion, the City shall formally accept the dedication of Outlet B for open space by Resolution and the Owners and Subdivider shall provide the City with a Warranty Deed and any other appropriate instruments for dedication. Upon the City's acceptance of the dedication, it will assume all maintenance requirements and obligations relating thereto. Section 7. Private Shared Open Space. Owners and Subdivider acknowledge they are bound by Iowa City Ordinance 14- 3A- 4(J)(2), and hereby agree that the following procedures shall be followed for maintaining the private open space on Outlot A: Owners and Subdivider shall maintain Outlet A in accordance with the Iowa City Sensitive Areas Ordinances and the the approved Preliminary Plat OSA Plan and Sensitive Areas Site Plan recorded October 25, 2007 and stored by the Johnson County Recorder in "166G Drawer 53, Folder #1" in connection with the A J� Ordinance recorded on October 25, 2007 in Book 4229, Page 716 et seq. until such time as Outlot A is transferred to the Cardinal Pointe Homeowners Association. Owners and Subdivider shall finance said maintenance until such time as Outlot A is transferred to the Cardinal Pointe Homeowners Association, whose covenants or articles or incorporation shall include a dues assessment provision for the maintenance of said open space. Said dues shall include dues for snow removal from sidewalks adjacent to Outlot A and for lawn care as necessary to comply with the Landscaping Plan approved pursuant to Ord. 07 -4284. The purpose of said private open space, namely Outlot A, is to preserve the natural environment and encourage passive recreation. No improvements to the land are necessary to utilize the land for said purpose. Section 8. 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 Owners and Subdivider, their assigns or successors in interest, to construct and install the Improvements and sidewalks as required by this Agreement; except to the extent the City may, at its discretion permit the Subdivider to delay such installation and collect escrow monies for the incomplete improvements. Section 9. Use of Escrow Monies. If, after the issuance of an occupancy permit, the Improvements have not been constructed and installed, the City may use funds deposited in the Improvements Escrow to construct and install such improvements. If the cost of the construction and installation of said Improvements exceeds the amount of said escrow, the City shall have a lien and charge against all the lots in the Subdivision for the balance of the cost. After the construction and installation of the Improvements, the City shall refund to the Owner and the Subdivider any Improvements Escrow monies not used by the City for the construction and installation of such improvements. Section 10. Waiver.. If the Owners and Subdivider sell or convey lots in said Subdivision without constructing or installing the Improvements required in Section 1 hereof, or the Owners and Subdivider fail 5�. to construct sidewalks required in Section 4 hereof, the City shall have the right to install and construct said Improvements or sidewalks. Owners and Subdivider acknowledge and agree that all lots in the Subdivision are specifically benefitted by the Improvements so that the cost of the installation shall be a lien and charge against all of the lots in the Subdivision. The cost of Improvements need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. The cost of installing the sidewalks shall be a lien and charge only against the lot or lots abutting or in front of which such sidewalks are to be installed. It is further provided that these requirements to construct the Improvements and sidewalks shall remain a lien against the lots in the Subdivision from the date of this Agreement until properly released, as hereinafter provided. Section 11. 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 Owners and Subdivider, for recording in the Office of the Johnson County Recorder, a good and sufficient release for the lots in the Subdivision so that this Agreement will not constitute a cloud upon the title of the lots in the Subdivision. Separate sidewalk lien releases shall be issued for individual lots when appropriate. The City Manager or designee is hereby authorized to execute the releases contemplated by this section. This section also authorizes the execution of one or more Limited Release Agreements, based on the use of escrows for improvements as contemplated in Section 5 above, as may be acceptable to the City. Section 12. Street Maintenance and Public Services. Owners and Subdivider agree that public services including, but not limited to, street maintenance, snow removal, water, recycling or garbage collection, and sanitary sewer services will not be extended to the Subdivision until the concrete streets are installed and accepted by the City. Section 13. Miscellaneous. A. The City shall not issue a building permit for any lot in the Subdivision until such time as the Owners and Subdivider have paid a water main extension fee in the amount of $12,387.20 ($395.00 per acre multiplied by 31.36 acres) to the City pursuant to the City Code as well as a sanitary sewer tap -on fee ti for Phases I and II of the Northwest Sanitary Sewer, Subarea G, in the amount of $17,905.93 ($362.90 per acre for Phase I multiplied by 31.36 acres plus $208.08 per acre for Phase II multiplied by 31.36 acres). B. All electrical, telephone and cable television service and distribution lines shall be installed underground. C. The Subdivider and Owner acknowledge they are bound by the terms and conditions of the Conditional Zoning Agreement (CZA) dated October 16, 2007, and recorded in Book , Page , in the records in the Office of the Recorder of Johnson County, Iowa. In said Agreement, the Owner and Applicant (now Subdivider) agree, in part, to the following: 1. The section of Kennedy Parkway between Camp Cardinal Road and Camp Cardinal Boulevard will be platted, and the necessary right -of -way will be dedicated and a letter of credit in the amount of $31,000.00 for the cost of installing the water main in this section of the street will be provided at the time of final plat approval; 2. Installation of the sub -grade for this section of Kennedy Parkway will be constructed by the applicant and /or owner prior to January 1, 2009; 3. This section of Kennedy Parkway will be constructed when the school site (located North of Kennedy Parkway) is developed, or Outlet C of Cardinal Pointe South is developed, whichever occurs first, but in no case shall the road be constructed later than January 1, 2010; and 4. If the sub -grade is not constructed prior to January 1, 2009, or if the road is not built prior to January 1, 2010, issuance of building permits will cease for Cardinal Pointe South subdivision. D. This Subdivision is subject to the Iowa City Sensitive Areas Ordinance prohibiting "development activity," as defined by Iowa City Code Section 14- 6K -1B, with respect to the tree removal limits for various lots in the subdivision, as well as 5�� other types of sensitive features and restrictions located on Outlet A (a private open space) and on Outlot C (currently reserved for future development), all of which are depicted on the approved Sensitive Areas Development Plan. Temporary construction fencing shall be installed along the "Limits of Construction ", as indicated on the Final Plat, prior to development of the individual lots. Any development activity at variance with the approved plan and /or associated legal papers shall be deemed a violation of these regulations and subject to any enforcement action and penalties allowed according to article 14 -7 -C "Penalties and Enforcement ". E. Lot 9 shall not have direct vehicular access to Camp Cardinal Boulevard. Lot 10 shall not have direct vehicular access to Kennedy Parkway. Section 14. Binding Effect. This agreement shall be inure to the benefit and bind the successors and assigns of the respective parties hereto and shall be construed as a covenant running with the title to the lots within the Subdivision. Dated as of this d7VL�day of 2007. OWNERS: Clear Creek, L.L.C. By: Teresa L. Morrow, Member and Manager The Crossing Development LC By: Dennis Craven, Member and Manager SUBDIVIDER: So`uth�at_e --- Development Services, L.L.C. By: Dennis Craven, Member and Manager R M 5 CITY* L✓ ATTEST: tA�rr% Ross Wilburn, Mayor Marl n K. Karr, City Clerk Approved by: OA //� � • .�pyMMlli L71' 7��K!'DYi!✓ City Attorney STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this a 1 day of NOUPM 2Y, 2007, by Teresa L. Morrow as member and manager of Clear Creek L.L.C. ANGELAJACOBY yAA. ' Commb+bn NumEar °•" "°° Notary Pul lic in qnd for e State of Iowa STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this e2 , day of NQVeMN V, 2007, by Dennis Craven, as member and manager of The Crossing Development LC. )�Eam " Notary Pu lic in nd for he State of Iowa STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this A� day of NuRmw , 2007, by Dennis Craven, as member and manager of Southgate Development Services, L.L.C. ANGELAJACOBY J ^` Canmssbn NUmb¢e )22]84 s� �mm'.A° xaa° Notary Publ ' c in a d for th State of Iowa 1 .11 G, Li STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this -7/1 day of , 2007, before me, the undersigne , a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn 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. oJ°"�s SONDRAEFORT z Commission Number 1'5 .]tit AO _ f My Commission Expires Notary Public in and for the State of Iowa low j`i Prepared by and Return to: C. Joseph Holland, 123 N. Limi St., Suite 300, Iowa City, IA 52245 (319)354 -0331 SANITARY SEWER EASEMENT AGREEMENT CARDINAL POINTE SOUTH PART ONE THIS AGREEMENT, made and entered into by and between Clear Creek, L.L.C. and The Crossing Development LC (Owner), which expression shall include its 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 and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas as "Sanitary Sewer Easement" on the Final Plat of Cardinal Pointe South Part One, Iowa City, Iowa, hereafter described as "easement areas." Owner further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement areas and also to trim, cut down and clear away any trees on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said easement areas, or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Owner reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public 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 )7A day of Noul�M8k.K. , 2007 OWNER: Clear Creek, L.L.C. by: Teresa L. Morrow, Member and Manager The Crossing Development LC by: Deifnis Craven, Member and Manager 56 � City of Iowa City O Z L ) By: Ross Wilburn, Mayor By: karian K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON, SS: This instrument was acknowledged before me on this day of NbV�m�pQv 2007, by Teresa L. Morrow, as Member and Manager of Clear Creek, L.L.C. 08Y NOtar Public �PY 12121° Commission Expires:)W Ax 14 �l JIGI�41A�0 STATE OF IOWA, COUNTY OF JOHNSON, SS: This instrument was acknowledged before me on this 101 day of N6VQoft-laty, , 2007, by Dennis Craven, Member and Manager of The Crossing Development LC. ANGELA JAE RoTgry ublic �Ax' MY Comm' A°E ' Commission Expires:3u� 41aM9 STATE OF IOWA )ss: JOHNSON COUNTY ) On this .1741 day of tAngEhAF —r4 , 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. s SONDRAE FORT (�' y, i Commission Number 159791 �r�� V My Comm' sion Ex Tres Notary Public for the state of Iowa ow, 3 \ \Server \shared \WPDOCS \REALEST \!Subdiv \Cardinal Pointe South Part One \SanitarySewerEasement 111607.wpd 5�. Prepared by and Return to: C. Joseph Ilolland 123 N. Linn St., Suite 300, Io\ya City IA 52244-2820,(319)354-0331 UNDERGROUND UTILITY EASEMENTS CARDINAL POINTE SOUTH PART ONE In consideration of the approval of the Final Plat of Cardinal Pointe South Part One, the undersigned hereby grant to MidAmerican Energy, Qwest Corporation, MediaCom Iowa, L.L.C., and the City of Iowa City and their successors (hereinafter "Grantees "), a perpetual easement upon, over, under, along and across the areas marked upon the Final Plat of Cardinal Pointe South Part One as "Utility Ease ", "Utility Easement ", "Utility Ease ", and /or "Util Easement ". The Grantees of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purposes of serving the Subdivision and other property with electricity, gas, and communication service; the right to trim, cut down and remove such trees, brush, saplings and bushes as may interfere with the proper construction, maintenance, operation or removal of said facilities, equipment and appurtenances; and the right of ingress and egress for all of the purposes aforesaid. Grantors, their successors in interest and assigns, reserve the right to use said easement areas for purposes which will not interfere with the Grantee's full enjoyment of rights hereby granted; provided that Grantors shall not erect or construct any reservoir, fence, retaining wall or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. No permanent dwellings or trees shall be placed on the areas so designated for Utility Easements, but with advance written authorization from the Grantee's Representatives the same may be used for gardens, shrubs, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. Dated as of this a7 A day &n\J E MRF-&, , 2007. �6,4 Clear Creek, L.L.C. by: Teresa L. Morrow, Member and Manager The Crossing Development LC by: Den is Craven, Member and Manager C=Iowa City. By: Ross Wilburn, Mayor By: Marian K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON, SS: This instrument was acknowledged before me on this lq day of hMf,,Y*R� y , 2007, by Teresa L. Morrow, as Member and Manager of Clear Creek, L.L.C. A JACOBY wnber]n2 �ota rblic Commission Expires:3LPAL gyp, ACpq STATE OF IOWA, COUNTY OF JOHNSON, SS: This instrument was acknowledged before me on this 101 _day of njpV2tYt1�2y 2007, by Dennis Craven, Member and Manager of The Crossing Development LC. ��•� ,:k'+ ANGELA JA,21 Y No "� AbliC �/�' �mn+a�wn Numcer>nrat y ion' My Commksion Evpaee Commission Expires: )U.ytszU,O-1C 9 STATE OF IOWA ) ss: JOHNSON COUNTY ) On this a7 day of Alcup -m8a - 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn 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. SAE FORT �� Number 159791 Notary Public for the state of Iowa ission Expires ow 5'1 Prepared by and Retum to: C. Joseph Holland, 123 N Linn St., Suite 300 Iowa City IA 52245 (319)354 -0331 STORM SEWER AND DRAINAGE EASEMENT AGREEMENT CARDINAL POINTE SOUTH PART ONE THIS AGREEMENT, made and entered into by and between Clear Creek, L.L.C. and The Crossing Development LC(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 and the installation, replacement, maintenance and use of such storm water lines, pipes, mains, conduits, and overland drainageways as the City shall from time to time elect for conveying storm water, with all necessary appliances and fittings for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas designated as "Storm Sewer and Drainage Easement ", "Storm Sewer ", "Storm Sewer Ease ", and "Drainage Easement ", all as shown on the Final Plat of Cardinal Pointe South Part One and referred to herein as "easement areas." Owner further grants to the City: 1. The right of grading said easement area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, to cut down and clear away any and all trees and brush on said easement area, and also to 6L� trim, cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of the City may be a hazard to said easement areas or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Owner reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said easement areas. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that they have a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement(s) at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as provided by law. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. aloof -MALR. Dated this 7�h day of QGt -Q,ex, 2007 OWNER: Clear Creek L L.C. by: Teresa L. Morrow, Member and Manager 6` The Crossing Development LC by: Dennis Craven, Member and Manager Cit Iowa City By: Ross Wilburn, Mayor By:�14arian K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON, SS: This instrument was acknowledged before me on this day of &Nembty , 2007, by Teresa L. Morrow, as Member and Manager of Clear Creek, L.L.C. .+� ANGEIAJACGBY $ QGF Conm4smkt �122w1B5 �ai�y Public Q Commission Expires:�Uhx STATE OF IOWA, COUNTY OF JOHNSON, SS: This instrument was acknowledged before me on this A—day of h%M�, 2007, by Dennis Craven, Member and Manager of The Crossing Development �L ^C..' ary blic MY Commission Expires: �p�a�� 50mm STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this � day of NL'W MrbF- 7 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn 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 6� voluntary act and deed of said corporation, by it and by them voluntarily executed. ogp1AJs SONDRAE FORT _ Commission Number159797 S� F �b My Comm i Ion Expires e�"y aw Notary Public for the state of Iowa \ \Server \shared \WPDOCS \REALEST \!Subdiv \Cardinal Pointe South Part One \StormSewer and Drainage Easement 111607.wpd J�. Prepared by and Return to.: C. Joseph Holland, 123 N. Linn St, Suite 300 Iowa City IA 52244-2820,(319)354-0331 WATER MAIN EASEMENT AGREEMENT CARDINAL POINTE SOUTH PART ONE THIS AGREEMENT made by and between Clear Creek, L.L.C. and The Crossing Development LC, hereinafter called `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 convey to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such water lines, pipes, mains, and conduits, as the City shall from time to time elect for conveying water, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as "Water Main Easement" on the Final Plat of Cardinal Pointe South Part One, Iowa City, Iowa, hereafter described as "easement areas ", as located within the Subdivision, Owner further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement areas and also to trim, cut down and clear away any trees on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said easement areas, or which may interfere with the exercise of the City's rights hereunder in any manner. C� The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement areas. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement areas. Owner reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and has good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner and 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 c27 of 2007. OWNER: Clear Creek, CJ `L.{ L.L.C. /7 o" ��J ' /'�6-� by: Teresa L. Morrow, Member and Manager The Crossing Development LC by Dennis Craven, Member and Manager 64 Cit Iowa City (��'UAOry- By Ross Wilburn, Mayor �r'I�i1C�i1� 95 By: Harian K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON, SS: This instrument was acknowledged before me on this 1q day of bk_A y , 2007, by Teresa L. Morrow, as Member and Manager of Clear Creek, L.L.C. o i_„r, ANGELA JACOBY �' 6A Commsz'wn Number i22�Bt Notary P blic (jv Commission Expires: JU YLD, �D, oZbO`i STATE OF IOWA, COUNTY OF JOHNSON, SS: This instrument was acknowledged before me on this _]_R_day of Nb&fmbeV-- , 2007, by Dennis Craven, Member and Manager of The Crossing Development LC. 31.1 NGELA JACOB) �^ti SZmn�r] ��tary ublic COmmMQ 4,6M-1 Commission Expires:Jw� Ur AW t STATE OF IOWA ) ss: JOHNSON COUNTY ) On this A7 +4 day of 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn 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 execute JR�q�s SONDRAE FORT i � Commission Number 159791 1 My Commission Expires Sew. F.w-b iow Notary Public for the State of Iowa \ \Server\ shared \WPDOCS \REALEST \!Subdiv \Cardinal Pointe South Part One \Watermain easement111607.wpd 5q Prepared by and return to: C. Joseph Holland,123 N. Linn St., Suite 300, Iowa City, IA 52244 (319) 354 -0331 PUBLIC ACCESS AND FIRE APPARATUS ACCESS EASEMENT CARDINAL POINTE SOUTH PART ONE IOWA CITY, IOWA THIS AGREEMENT, made and entered into by and between Clear Creek, L.L.C., and The Crossing Development LC, hereinafter "Owner ", which expression shall include their successors in interest and assigns, and the City of Iowa City, a municipal corporation, hereinafter "City." It is hereby agreed as follows: 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 public access easement and City service access easement upon, over, under, along, and across the areas designated as `Access Easement" on the final plat for Cardinal Pointe South Part One, Iowa City, Iowa. 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 over the Access Easement area. Services shall mean use, operation, and maintenance of facilities installed as of the date of this easement and shall not include the right to install additional utilities or facilities without further written agreement. 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. 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 State of Iowa. This easement shall serve as appropriate notice to the public for such authorization to the City's Police Department Page I of 3 under the Code of Iowa, as amended. The Owners and their assigns hereby also agree to release, indemnify, and hold harmless the City, its officers, employees and agents from any damages, claim of damages, or liability resulting from any ticketing or towing as authorized under the preceding paragraph. The City shall have no responsibility for maintaining the easement area. The City shall indemnify Owner against any loss and damage which shall be caused by the negligent exercise of any said rights of ingress or egress or use by the City, its agents, employees in the course of their employment. The City shall promptly backfill any trench made by it, and repair any damages caused by the City in the easement area. Nothing in this Agreement shall be construed to impose a requirement upon the City to install the private street at issue herein. Nor shall the Owners 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 improvements herein shall be in accordance with City specifications and the obligation should remain on Owners until completion by Owners. Owners, their successors in interest and assigns, reserve the right to use said easement areas for purposes which will not interfere with the City and public's full enjoyment of rights hereby granted; provided the Owner shall not erect or construct any structure, reservoir, retaining wall, fence, or other obstruction on said areas, except as necessary for proper functioning and use as parking. 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. This easement shall inure to the benefit of and bind 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. •� N ou�rn662. Dated as of this day of Oe -t - , 2007. OWNER: C ar reek,L. L. C. by: Teresa L. Morrow, Member and Manager Page 2 of 3 The Crossing Development LC -IIeFrn is Craven, Member and Manager City of Iowa City _U � By: Ross Wilburn, Mayor By: rian K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON, SS: This instrument was acknowledged before me on this � day of hjDje nbe►l' , 2007, by Teresa L. Morrow, as Member and Manager of Clear Creek, L.L.C. Y19�� JY+ ANGELA JACOB Commn+bn Number ]itY ]M Notary Public `, u camm.rn ew: Commission Expires:jwv Lo STATE OF IOWA, COUNTY OF JOHNSON, SS: This instrument was acknowledged before me on this J'day of (�bVClY1Y r 2007, by Dennis Craven, Member and Manager of The Crossing Development LC. A ANGELA JACOBY � .{ Com_az Number>x2]e4 otary u -blic �� _ �comm�bw Commission Ex ires STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 8.1 day of %\)affiMp_ 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn 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. o4"cF SONDRAEFORT _ € Commission Number 159791 — �� My Commission Ex ires low a Notary Public for the state of Iowa \ \Server\ shared \WPDOCS \REALEST \!Subdiv \Cardinal Pointe South Part One \Public Access Easement 111607.wpd Page 3 of 3 C� Prepared by and Return to: C. Joseph Holland, 123 N. Linn St., Suite 300, Iowa City, IA 52244, (319) 354 -0331 ATTORNEY'S TITLE OPINION Re: Cardinal Pointe South Part Two located in Iowa City, Iowa, and legally described in Exhibit A attached. I, C. Joseph Holland, state that I am a practicing attorney in the State of Iowa and that I have examined a complete abstract of title to the above - described property. The abstract of title has been continued to October 26, 2007 at 8:00 a.m, and as of that date the abstract shows that fee title to the above - described property is in Clear Creek LLC, subject to a Sales Agreement, a Memorandum of which is recorded in Book 1795, page 129 in the records of the Johnson County Recorder, which Sales Agreement has been assigned to The Crossing Development LC pursuant to an Assignment recorded October 25, 2007 in Book 4229, page 711 in the records of the Johnson County Recorder. The real estate is subject to the following mortgage: A mortgage in favor of the City of Iowa City, Iowa recorded the 17" day of May, 2005 in Book 3877, page 419 in the records of the �t� Johnson County Recorder. I further certify that except as above stated the property is free from encumbrance. � Dated as of this �� day of 2007. 1 A41X C. V4zsj 'h Holland \ \Server \shared \WPDOCS \REALEST \!Subdiv \Cardinal Pointe South Part Two \Title Opinion 111607.wpd 6A- Exhibit A Cardinal Pointe South Part Two A Portion of the Southeast Quarter of the Northeast Quarter of Section 12, Township 79 North, Range 7 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the East Quarter Corner of Section 12, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence N00'36136 "E, along the East Line of said Southeast Quarter of the Northeast Quarter, 371.76 feet, to the POINT OF BEGINNING; Thence S59'57'49 "W, 654.09 feet; Thence S89'25'22 "W, 300.30 feet, to a Point on the Easterly Line, of the Parcel Depicted on the "Acquisition Plat of Survey ", in accordance with the Plat thereof Recorded in Plat Book 49, at Page 128, of the Records of the Johnson County Recorder's Office; Thence Northwesterly, 379.98 feet, along said Easterly Line on a 760.00 foot radius curve, concave Southwesterly, whose 376.03 foot chord bears N16'19'46 "W; Thence N30'39108 "W, along said Easterly Line, 30.91 feet; Thence Northeasterly, 31.42 feet, along said Easterly Line on a 20.00 foot radius curve, concave Southeasterly, whose 28.28 foot chord bears N14'20'52 "E; Thence N59'20152 "E, along said Easterly Line, 20.00 feet; Thence N30'39'08 "W, along said Easterly Line, 60.00 feet, to its intersection with the Southerly Line of Cardinal Pointe South Part One, in accordance with the Recorded Plat thereof; Thence N48'07'32 "E, along said Southerly line, 89.11 feet; Thence Northeasterly 34.28 feet, along said Southerly Line, on a 175.00 foot radius curve, concave Southeasterly, whose 34.22 foot chord bears N53'44'12 "E; Thence N59'20152 "E, along said Southerly Line, 205.07 feet; Thence 530'39'08 "E, along said Southerly Line, 50.00 feet; Thence N59'20'52 "E, along said Southerly Line, 175.26 feet; Thence Northeasterly 101.82 feet, along said Southerly Line, on a 175.00 foot radius curve, concave Northwesterly, whose 100.39 foot chord bears N42'40'45 "E; Thence Northeasterly, 39.91 feet, along said Southerly Line, on a 25.00 foot radius curve, concave Southeasterly, whose 35.81 foot chord bears N71'44'45 "E; Thence N27'28'52 "E, along said Southerly Line, 50.00 feet; Thence N79'28'14 "E, along said Southerly Line, 277.09 feet; Thence S44'52'16 "E, along said Southerly Line, 218.98 feet, to the Southeast Corner thereof, the West Line of Cardinal Ridge Part Two, in accordance with the Plat thereof Recorded in Plat Book 50, at Page 55, of the Records of the Johnson County Recorder's Office, and the East Line of the Northeast Quarter of said Section 12; Thence S00'36'36 "W, along said West and East Lines, a distance of 401.69 feet, to the Point of Beginning. Said Tract of land contains 13.69 acres, more or. less, and is subject to easements and restrictions of record. 5�' Prepared by and Return to: C. Joseph Holland, 123 N. Linn St., Suite 300, Iowa City, IA 52244. (319) 354 -0331 OWNER'S CERTIFICATE Clear Creek, L.L.C. and The Crossing Development LC request approval of the subdivision known as Cardinal Pointe South Part Two, said subdivision shown on the preliminary and final plat thereof to which this document is attached, which is a subdivision of the property described in the attached Exhibit A. The undersigned further states that subdivision is made with the free consent and in accordance with the desire of the undersigned, owners of the land included within the subdivision. The streets and easements within the boundaries of the subdivision are hereby dedicated to the public as provided for by Section 354.19 of the Code of Iowa (2007). Dated as of this day of t t74&ANSE.7L 2007. Clear Creek, L.L.C. 0 &,') ':�pP by: Teresa L. Morrow, Member and Manager The Crossing Development LC - - -y 7 - -.___ by: Dennis Craven, Member and Manager G� STATE OF IOWA, COUNTY OF JOHNSON, SS: This instrument was acknowledged before me on this —a —day of pMCrftj", 2007, by Teresa L. Morrow, as Member and Manager of Clear Creek, L.L.C. E3LW1Liffi4UUW XILCXJ�I -%j '£ NNotary Publi Commission Expires: 3U,Q.IP ACUI STATE OF IOWA, COUNTY OF JOHNSON, SS: This instrument was acknowledged before me on this 11—day of i�jVP hP ✓ , 2007, by Dennis Craven, Member and Manager of The Crossing Development LC. v Ov t ANGELAJAOOBY e Came +on Nuniba�]Ye7B4 Mary 'Publics D ww�+ Commission Expires:)WIP (e.1C09 \ \Server\ shared \WPDOCS \REALEST \!Subdiv \Cardinal Pointe South Part Two \OwnersCertificate 111607.wpd 64- Prepared by and Return to: C. Joseph Holland, 123 N. Linn St., Suite 300, Iowa City, IA 52244, (319) 354 -0331 MORTGAGEE CONSENT TO SUBDIVISION The undersigned, on behalf of the City of Iowa City, Iowa states that the City of Iowa City, Iowa holds a mortgage on the property included within Cardinal Pointe South Part Two as follows: A mortgage in favor of the City of Iowa City, Iowa recorded the 17th day of May, 2005 in Book 3877, page 419 in the records of the Johnson County Recorder. The property included within Cardinal Pointe South Part Two is described in Exhibit A attached. The undersigned, on behalf of the City of Iowa City, Iowa, states that it consents to the subdivision of the above - described property into Cardinal Pointe South Part Two and hereby releases any and all liens against those portions of the property dedicated to the public. Dated as of this o)1 day of '� , 2007. C' f Iowi By: Ross Wilburn, Mayor By: arian K. Karr, City Clerk 6q- STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this .4*7 4-4 day of /�D'' Ngf.P— , 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn 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. oya�n� SONDRAE FORT - _- -' Commission Number t5s711 Notary Public for the state of Iowa my commission Expires ww \\ Server \shared \WPDOCS \REALEST \!Subdiv \Cardinal Pointe South Part Two \MortgageeConsent 111607.wpd :6 Exhibit A Cardinal Pointe South Part Two A Portion of the Southeast Quarter of the Northeast Quarter of Section 12, Township 79 North, Range 7 West, -of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the'boundaries of which are described as follows: Commencing at the East Quarter Corner of Section 12, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence N00'36136 11E, along the East Line of said Southeast Quarter of the Northeast Quarter, 371.76 feet, to the POINT OF BEGINNING; Thence S59'57'49 "W, 654.09 feet; Thence S89'25'22 "W, 300.30 feet, to a Point on the Easterly Line, of the Parcel Depicted on the "Acquisition Plat of Survey ", in accordance with the Plat thereof Recorded in Plat Book 49, at Page 128, of the Records of the Johnson County Recorder's Office; Thence Northwesterly, 379.98 feet, along said Easterly Line on a 760.00 foot radius curve, concave Southwesterly, whose 376.03 foot chord bears N16'19'46 "W; Thence N30'39108 "W, along said Easterly Line, 30.91 feet; Thence Northeasterly, 31.42 feet, along said Easterly Line on a 20.00 foot radius curve, concave Southeasterly, whose 28.28 foot chord bears N14'20'52 "E; Thence N59'20152 "E, along said Easterly Line, 20.00 feet; Thence N30'39'08 "W, along said Easterly Line, 60.00 feet, to its intersection with the Southerly Line of Cardinal Pointe South Part One, in accordance with the Recorded Plat thereof; Thence N48'07'32 "E, along said Southerly line, 89.11 feet; Thence Northeasterly 34.28 feet, along said Southerly Line, on a 175.00 foot radius curve, concave Southeasterly, whose 34.22 foot chord bears N53'44112 "E; Thence N59'20152 "E, along said Southerly Line, 205.07 feet; Thence S30'39'08 "E, along said Southerly Line, 50.00 feet; Thence N59'20'52 "E, along said Southerly Line, 175.26 feet; Thence Northeasterly 101.82 feet, along said Southerly Line, on a 175.00 foot radius curve, concave Northwesterly, whose 100.39 foot chord bears N42'40'45 "E; Thence Northeasterly, 39.91 feet, along said Southerly Line, on a 25.00 foot radius curve, concave Southeasterly, whose 35.81 foot chord bears N71'44'45 "E; Thence N27'28'52 "E, along said Southerly Line, 50.00 feet; Thence N79'28'14 "E, along said Southerly Line, 277.09 feet; Thence S44'52'16 "E, along said Southerly Line, 218.98 feet, to the Southeast Corner thereof, the West Line of Cardinal Ridge Part Two, in accordance with the Plat thereof Recorded in Plat Book 50, at Page 55, of the Records of the Johnson County Recorder's Office, and the East Line of the Northeast Quarter of said Section 12; Thence S00'36'36 "W, along said West and East Lines, a distance of 401.69 feet, to the Point of Beginning. Said Tract of land contains 13.69 acres, more or. less, and is subject to easements and restrictions of record. and return to: Prepared by /C. Joseph I lolland, 123 N. Linn St., Suite 300 P.O. Box 2820, Iowa City, IA 52244, (3 1 9) 354-0331 CERTIFICATE OF COUNTY TREASURER I, Thomas L. Kriz, Johnson County Treasurer, certify that all real estate taxes and special assessments have been paid with reference to the property described in the attached Exhibit A as of the date of this certificate. Dated as of this 3Mi day of October, 2007. Thomas L. Kriz, County Treasurer by: Parcel It: 1 t - IZ• 1-1(0. 002— , Deputy \ \Server \shared \WPDOCS \REALEST \!Subdiv \Cardinal Pointe South Part Tao \TreasurersCertificate 101201.wpd 64 Exhibit A Cardinal Pointe South Part Two A Portion of the Southeast Quarter of the Northeast Quarter of Section 12, Township 79 North, Range 7 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the East Quarter Corner of Section 12, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence N00'36'36 "E, along the East Line of said Southeast Quarter of the Northeast Quarter, 371.76 feet, to the POINT OF BEGINNING; Thence S59'57149 "W, 654.09 feet; Thence 589'25'22 "W, 300.30 feet, to a Point on the Easterly Line, of the Parcel Depicted on the "Acquisition Plat of Survey ", in accordance with the Plat thereof Recorded in Plat Book 49, at Page 128, of the Records of the Johnson County Recorder's Office; Thence Northwesterly, 379.98 feet, along said Easterly Line on a 760.00 foot radius curve, concave Southwesterly, whose 376.03 foot chord bears N16'19'46 "W; Thence N30'39'08 "W, along said Easterly Line, 30.91 feet; Thence Northeasterly, 31.42 feet, along said Easterly Line on a 20.00 foot radius curve, concave Southeasterly, whose 28.28 foot chord bears N14'20152 "E; Thence N59'20'52 "E, along said Easterly Line, 20.00 feet; Thence N30'39108 "W, along said Easterly Line, 60.00 feet, to its intersection with the Southerly Line of Cardinal Pointe South Part One, in accordance with the Recorded Plat thereof; Thence N48'07'32 "E, along said Southerly line, 89.11 feet; Thence Northeasterly 34.28 feet, along said Southerly Line, on a 175.00 foot radius curve, concave Southeasterly, whose 34.22 foot chord bears N53'44112 "E; Thence N59'20152 "E, along said Southerly Line, 205.07 feet; Thence S30'39'08 "E, along said Southerly Line, 50.00 feet; Thence N59'20'52 "E, along said Southerly Line, 175.26 feet; Thence Northeasterly 101.82 feet, along said Southerly Line, on a 175.00 foot radius curve, concave Northwesterly, whose 100.39 foot chord bears N42'40'45 "E; Thence Northeasterly, 39.91 feet, along said Southerly Line, on a 25.00 foot radius curve, concave Southeasterly, whose 35.81 foot chord bears N71'44145 "E; Thence N27'28'52 "E, along said Southerly Line, 50.00 feet; Thence N79'28114 "E, along said Southerly Line, 277.09 feet; Thence S44'52116 "E, along said Southerly Line, 218.98 feet, to the Southeast Corner thereof, the West Line of Cardinal Ridge Part Two, in accordance with the Plat thereof Recorded in Plat Book 50, at Page 55, of the Records of the Johnson County Recorder's Office, and the East Line of the Northeast Quarter of said Section 12; Thence 500'36'36 "W, along said West and East Lines, a distance of 401.69 feet, to the Point of Beginning. Said Tract of land contains 13.69 acres, more or less, and is subject to easements and restrictions of record. !3+ and return to: Prepared b,/ C. Joseph Holland 123 N. Linn St., Suite 300, P.O. Box 2820, Iowa City IA 52244 (319) 354 -0331 CERTIFICATE OF COUNTY AUDITOR APPROVAL OF SUBDIVISION NAME I, Thomas S. Slockett, Johnson County Auditor, approve the name Cardinal Pointe South Part Two with reference to the property described in the attached Exhibit A. Dated as of this - ' ^ay of October, 2007. s! Tnomas S. Slockett, County Auditor ��L � by: /�I� f 'st�Y Deputy I Exhibit A Cardinal Pointe South Part Two A Portion of the Southeast Quarter of the Northeast Quarter of Section 12, Township 79 North, Range 7 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the East Quarter Corner of Section 12, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence N00'36'36 "E, along the East Line of said Southeast Quarter of the Northeast Quarter, 371.76 feet, to the POINT OF BEGINNING; Thence S59'57'49 "W, 654.09 feet; Thence S89'25'22 "W, 300.30 feet, to a Point on the Easterly Line, of the Parcel Depicted on the "Acquisition Plat of Survey ", in accordance with the Plat thereof Recorded in Plat Book 49, at Page 128, of the Records of the Johnson County Recorder's Office; Thence Northwesterly, 379.98 feet, along said Easterly Line on a 760.00 foot radius curve, concave Southwesterly, whose 376.03 foot chord bears N16'19146 "W; Thence N30'39'08 "W, along said Easterly Line, 30.91 feet; Thence Northeasterly, 31.42 feet, along said Easterly Line on a 20.00 foot radius curve, concave Southeasterly, whose 28.28 foot chord bears N14'20152 "E; Thence N59'20'52 "E, along said Easterly Line, 20.00 feet; Thence N30'39'08 "W, along said Easterly Line, 60.00 feet, to its intersection with the Southerly Line of Cardinal Pointe South Part One, in accordance with the Recorded Plat thereof; Thence N48'07'32 "E, along said Southerly line, 89.11 feet; Thence Northeasterly 34.28 feet, along said Southerly Line, on a 175.00 foot radius curve, concave Southeasterly, whose 34.22 foot chord bears N53'44'12 "E; Thence N59'20152 "E, along said Southerly Line, 205.07 feet; Thence S30'39'08 "E, along said Southerly Line, 50.00 feet; Thence N59'20'52 "E, along said Southerly Line, 175.26 feet; Thence Northeasterly 101.82 feet, along said Southerly Line, on a 175.00 foot radius curve, concave Northwesterly, whose 100.39 foot chord bears N42'40'45 "E; Thence Northeasterly, 39.91 feet, along said Southerly Line, on a 25.00 foot radius curve, concave Southeasterly, whose 35.81 foot chord bears N71'44'45 "E; Thence N27'28'52 "E, along said Southerly Line, 50.00 feet; Thence N79'28'14 "E, along said Southerly Line, 277.09 feet; Thence S44'52116 "E, along said Southerly Line, 218.98 feet, to the Southeast Corner thereof, the West Line of Cardinal Ridge Part Two, in accordance with the Plat thereof Recorded in Plat Book 50, at Page 55, of the Records of the Johnson County Recorder's Office, and the East Line of the Northeast Quarter of said Section 12; Thence S00'36'36 "W, along said West and East Lines, a distance of 401.69 feet, to the Point of Beginning. Said Tract of land contains 13.69 acres, more or less, and is subject to easements and restrictions of record. a`- Prepared by and return to: Sara Greenwood Hektoen, City Hall, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5030 SUBDIVIDER'S AGREEMENT CARDINAL POINTE SOUTH PART TWO IOWA CITY, JOHNSON COUNTY, IOWA THIS AGREEMENT made by and among Clear Creek, L.L.C., The Crossing Development LC, the owners, hereinafter called "Owners ", Southgate Development Services L.L.C., the subdivider, hereinafter called "Subdivider ", and the City of Iowa City, Iowa, a municipal corporation hereinafter called the "City ". IT IS HEREBY AGREED AS FOLLOWS: Section 1. Public improvements. In consideration of the City approving the Plat of Cardinal Pointe South Part Two, hereinafter the "Subdivision ", the Owners and Subdivider agree as a covenant running with the land as follows: Subject to Section 4, the City shall not issue a Building Permit for any of the lots in the Subdivision unless and until water mains, sanitary sewers, storm sewers and drainageways, concrete street paving, a 4 -foot wide sidewalk adjacent to Preston Lane abutting Outlot B in Cardinal Pointe South Part One, a 4 -foot wide sidewalk adjacent to Preston Lane abutting Outlot D, and a 4 -foot wide sidewalk adjacent to Ryan Court abutting Outlot D, hereinafter "Improvements ", have been installed in the Subdivision as required by the City's Subdivision Ordinance; and until said improvements have been accepted by the City; and subdivision erosion control measures have been installed as required by the City under its ordinances. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original improvements at issue herein. Nor shall the Owners and Subdivider be deemed acting as the City's agent during the original construction and installation of said improvements. The parties agree that the obligation to install the improvements herein shall be in accordance with City specifications, and the obligation to install said improvements shall remain with the Owners and the Subdivider until completion by the Owners and Subdivider, and until acceptance of the improvements by the City, as provided by law. Section 2. Storm Water Management. Storm water management requirements for this subdivision have been satisfied with the regional storm water detention facility constructed as part of the Camp Cardinal Boulevard Improvements Project. The storm water detention facility is located along the west side of Camp Cardinal Boulevard on a branch of Clear Creek. The Owners and Subdivider are responsible for installing 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 said branch of Clear Creek. Section 3. Construction of Improvements. All Improvements described in Section 1 of this Agreement shall be constructed and installed by the Owners and 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 is in compliance with said plans and specifications. Section 4. Sidewalks. The Owners and Subdivider agree to install sidewalks abutting each of the platted lots in said Subdivision. Said sidewalk shall be at least 4 feet in width according to specifications approved by the City Engineer for the City of Iowa City, Iowa. The sidewalks shall be installed in the Subdivision covered by this Agreement as required by Sections 14 -1C -1, 2 and 3 and 6k Section 14 -7C -5, Iowa City Code of Ordinances, and shall remain a lien on each abutting platted lot until installed and released by the City, and the Release duly recorded in the Johnson County Recorder's office. The Owners and Subdivider, or their successor(s), shall install the sidewalk abutting each numbered lot in the Subdivision when each such lot is developed. The sidewalk adjacent to Ryan Court abutting Outlet D shall be installed concurrently with the paving of Ryan Court. The sidewalk adjacent to Preston Lane abutting Outlet B and the sidewalk adjacent to Preston Lane abutting Outlet D in Cardinal Pointe South Part One shall be installed concurrently with the paving of Preston Lane. Section 5. Building Permits and Escrow Monies. In the event the Owners and Subdivider, or their assigns or successors in interest, should desire a building permit on any lot in the Subdivision before the Improvements 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 pursuant to section 14 -7B -3 of the Iowa City Code of Ordinances, the Owners and Subdivider, or their assigns or successors in interest, shall deposit with the City Finance Department, in escrow, an amount equal to 110% of the estimated cost of said Improvements as determined by the City Engineer (hereinafter "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 Owners and 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 Owners and Subdivider shall be responsible for the cost of any such clean -up and to the extent that they fail 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 Owners and Subdivider. If the Erosion Clean - Up Escrow is insufficient to pay the costs incurred by the City, the Owners and Subdivider shall promptly reimburse the City for J �( the excess costs incurred. The unused balance of the Erosion Clean -Up escrow shall be returned to the Owners and 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. Private Shared Owners and Subdivider acknowledge they are bound by Iowa City Ordinance 14- 3A- 4(J)(2), and hereby agree that the following procedures shall be followed for maintaining the private open space on Outlot D: Owners and Subdivider shall maintain Outlot D in accordance with the Iowa City Sensitive Areas Ordinances and the approved Preliminary Plat OSA Plan and Sensitive Areas Site Plan recorded October 25, 2007 and stored by the Johnson County Recorder in "166G Drawer 53, Folder #1" in connection with the Ordinance recorded on October 25, 2007 in Book 4229, Page 716 et seq. until such time as Outlot D is transferred to the Cardinal Pointe Homeowners Association. Owners and Subdivider shall finance said maintenance until such time as Outlot D is transferred to the Cardinal Pointe Homeowners Association, whose covenants or articles or incorporation shall include a dues assessment provision for the maintenance of said open space. Said dues shall include dues for snow removal from sidewalks adjacent to Outlot D and for lawn care as necessary to comply with the Landscaping Plan approved pursuant to Ord. 07 -4284. The purpose of said private open space on Outlet D is to preserve the natural environment and encourage passive recreation. No improvements to the land are necessary to utilize the land for said purpose. Prior to development of Lot 39 according to the preliminarily- approved OPD Plan, the Subdivider and Owners shall submit a Final Development Agreement to the City which incorporates a landscaping plan and addresses any infrastructure requirements for said development of Lot 39, as well as addressing the requirements of I.C. Ord. 14- 3A -4(J), including the funding and maintenance of the private open space to be contained within said development. This Final Development � l� Agreement shall be binding only upon the Owners and Subdivider and their successors in interest to Lot 39. Section 7. 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 Owners and Subdivider, their assigns or successors in interest, to construct and install the Improvements and sidewalks as required by this Agreement; except to the extent the City may, at its discretion permit the Subdivider to delay such installation and collect escrow monies for the incomplete improvements. Section 8. Use of Escrow Monies. If, after the issuance of an occupancy permit, the Improvements have not been constructed and installed, the City may use funds deposited in the Improvements Escrow to construct and install such improvements. If the cost of the construction and installation of said Improvements exceeds the amount of said escrow, the City shall have a lien and charge against all the lots in the Subdivision for the balance of the cost. After the construction and installation of the Improvements, the City shall refund to the Owner and the Subdivider any Improvements Escrow monies not used by the City for the construction and installation of such improvements. Section 9. Waiver. If the Owners and Subdivider sell or convey lots in said Subdivision without constructing or installing the Improvements required in Section 1 hereof, or the Owners and Subdivider fail to construct sidewalks required in Section 4 hereof, the City shall have the right to install and construct said Improvements or sidewalks. Owners and Subdivider acknowledge and agree that all lots in the Subdivision are specifically benefitted by the Improvements so that the cost of the installation shall be a lien and charged against all of the lots in the Subdivision. The cost of Improvements need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. The cost of installing the sidewalks shall be a lien and charged only against the lot or lots abutting or in front of which such sidewalks are to be installed. It is further provided that these requirements to construct the Improvements and sidewalks shall remain a lien s against the lots in the Subdivision from the date of this Agreement until properly released, as hereinafter provided. Section 10. Release. The City agrees that when the Improvements have been installed as required to the satisfaction of the City, the City will, upon request, promptly issue to the Owners and Subdivider, for recording in the Office of the Johnson County Recorder, a good and sufficient release for the lots in the Subdivision so that this Agreement will not constitute a cloud upon the title of the lots in the Subdivision. Separate sidewalk lien releases shall be issued for individual lots when appropriate. The City Manager or designee is hereby authorized to execute the releases contemplated by this section. This section also authorizes the execution of one or more Limited Release Agreements, based on the use of escrows for improvements as contemplated in Section 5 above, as may be acceptable to the City. Section 11. Street Maintenance and Public Services. Owners and Subdivider agree that public services including, but not limited to, street maintenance, snow removal, water, recycling or garbage collection, and sanitary sewer services will not be extended to the Subdivision until the concrete streets are installed and accepted by the City. Section 12. Miscellaneous. A. The City shall not issue a bui in the Subdivision until such time as t h have paid a water main extension fee in ($395.00 per acre multiplied by 13.6 pursuant to the City Code, as well as fee for Phases I and II of the Northwest G, in the amount of $7,816.72 ($362.90 multiplied by 13.69 acres plus $208.08 multiplied by 13.69 acres). lding permit for any lot e Owners and Subdivider the amount of $5,407.55 9 acres) to the City a sanitary sewer tap -on Sanitary Sewer, Subarea per acre for Phase I per acre for Phase II B. All electrical, telephone and cable television service and distribution lines shall be installed underground. C. The Owners and Subdivider acknowledge they are bound by the terms and conditions of the Conditional Zoning Agreement (CZA) dated October 16, 2007, and recorded in Book , Page , in the records in the Office of the Recorder of Johnson County, Iowa. In said Agreement, the Owner and Applicant (now C�� Subdivider) agree, in part, to the following: 1. The section of Kennedy Parkway between Camp Cardinal Road and Camp Cardinal Boulevard will be platted, and the necessary right -of -way will be dedicated and a letter of credit in the amount of $31,000.00 for the cost of installing the water main in this section of the street will be provided at the time of final plat approval; 2. Installation of the sub -grade for this section of Kennedy Parkway will be constructed by the applicant and /or owner prior to January 1, 2009; 3. This section of Kennedy Parkway will be constructed when the school site (located North of Kennedy Parkway) is developed, or Outlot C of Cardinal Pointe South is developed, whichever occurs first, but in no case shall the road be constructed later than January 1, 2010; and 4. If the sub -grade is not constructed prior to January 1, 2009, or if the road is not built prior to January 1, 2010, issuance of building permits will cease for Cardinal Pointe South subdivision. D. This Subdivision is subject to the Iowa City Sensitive Areas Ordinance prohibiting "development activity," as defined by Iowa City Code Section 14- 6K -1B, with respect to the tree removal limits for various lots in the subdivision, as well as other types of sensitive features and restrictions located on Outlot D (a private open space) all of which are depicted on the approved Sensitive Areas Development Plan. Temporary construction fencing shall be installed along the "Limits of Construction ", as indicated on the Final Plat, prior to development of the individual lots. Any development activity at variance with the approved plan and /or associated legal papers shall be deemed a violation of these regulations and subject to any enforcement action and penalties allowed according to article 14 -7 -C "Penalties and Enforcement ". E. Lots 22 -38, inclusive, shall have a minimum low J�. opening (MLO) elevation restriction as shown on the Final Plat and noted herewith: Lot 38= 711.00 Lot 37= 711.00 Lot 36= 711.00 Lot 35= 711.00 Lot 34= 709.00 Lot 33= 705.00 Lot 32= 703.00 Lot 31= 703.00 Lot 30= 703.00 ection 13. Bindina Effect. Lot 29= 703.00 Lot 28= 702.00 Lot 27= 702.00 Lot 26= 701.00 Lot 25= 701.00 Lot 24= 701.00 Lot 23= 701.00 Lot 22= 702.00 This agreement shall be inure to the benefit of 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 as of this J7 41, day of NoVr.MaeR , 2007. OWNERS: Clear Creek, L.L.C. By: Teresa L. Morrow, Member and Manager The Crossing Development LC By: Dennis Craven, Member and Manager SUBDIVIDER: Southgate Development Services, L.L.C. By: Dennis Craven, Member and Manager ATTEST: mr�J Ross Wilburn, Mayor Mari K. Karr, City Clerk R J� Approved by: 'City Attorney l� 2�IJ7 STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this J2-- day of Kbvn)W, 2007, by Teresa L. Morrow as member and manager of Clear Creek L.L.C. ANGELA OBY Comm¢ibn NUmJACEer 122]ea $� M Comms o FxGres Notary Pub is in d for e State of Iowa STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this (11 day of 2007, by Dennis Craven, as member and manager of The Crossing Development LC. ANGELA JACOBY $ .' Com sb NUmEer] ?m " op, xa� � No ary P blic in qd for Oe State of Iowa STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this day of NQ�CPWY, 2007, by Dennis Craven, as member and manager of Southgate Development Services, L.L.C. ayy ANGELA JACOBY _ Cwmm4sbn Number 7MM Nota y Pub is in d for e State of Iowa STATE OF IOWA )ss: JOHNSON COUNTY ) �k On this a7 day of NOVErnaER 2007, before me, the a 5`+ undersigned, a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. SONDRAE FORT r+ r Commission Number 159791" MycommissionE Tres Notary Public in and for the State of Iowa in 5`� Prepared by and Return to: C Joseph Holland, 123 N. Linn St., Suite 300, Iowa City, IA 52245 (319)354 -0331 SANITARY SEWER EASEMENT AGREEMENT CARDINAL POINTE SOUTH PART TWO THIS AGREEMENT, made and entered into by and between Clear Creek, L.L.C. and The Crossing Development LC (Owner), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas as "Sanitary Sewer Easement ", and "San Sewer Ease" on the Final Plat of Cardinal Pointe South Part Two, Iowa City, Iowa, hereafter described as "easement areas." Owner further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement areas and also to trim, cut down and clear away any trees on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said easement areas, or which may interfere with the exercise of the City's rights hereunder in any manner. 6q The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Owner reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public 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 benefi t the successors and assigns of the respective Parties all covenants shall apply to and run with the land title to the land. Dated this 9-1 day of No%jF-MSIEQ , 2007 OWNER: Clear Creek, L.L.C. by: Teresa L. Morrow, Member and Manager The Crossing Development LC by: Dennis Craven, Member and Manager of and bind hereto, and and with the .5y City of Iowa City ( P7��' (' J, -/f/ e4�,Az By: Ross Wilburn, Mayor By: Marian K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON, SS: This instrument was acknowledged before me on this V11—day of N)M�hpY , 2007, by Teresa L. Morrow, as Member and Manager of Clear Creek, L.L.C. .µy ANGELAJACOBY Convmssan Nwnber J22ibi Notary 'PublicU V `�. ta /Commbsun 6pve4 Commission Expires: 3l \IL U. A009 STATE OF IOWA, COUNTY OF JOHNSON, SS: This instrument was acknowledged before me on this Y9—day of NO�bky , 2007, by Dennis Craven, Member and Manager of The Crossing Development LC. ANGELAJACOBY - -i.a Commnesbn Number 122]84 AIM.i✓ � IEM� M1'COmmks'un Ex Wes Notary public U Commission Expires: Jj..Y tk aoocl STATE OF IOWA )ss: JOHNSON COUNTY ) On this � day of NbVlMAX&P2 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn 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. WSONDRAE FORT "" • w �' �� Commission Number 159797 Notary Public for the state of Iowa My Commission Expires ,�k Prepared by and Return to.: C. Joseph Holland, 123 N. Linn St., Suite 300, Iowa City, 1A 52244.2820, (319)354 -0331 UNDERGROUND UTILITY EASEMENTS CARDINAL POINTE SOUTH PART TWO In consideration of the approval of the Final Plat of Cardinal Pointe South Part Two, the undersigned hereby grants to MidAmerican Energy, Qwest Corporation, MediaCom Iowa, L.L.C., and the City of Iowa City, and their successors, (hereinafter "Grantees ") a perpetual easement upon, over, under, along and across the areas marked upon the Final Plat of Cardinal Pointe South Part Two as "Utility Ease ", "Utility Easement ", "Utility Ease ", and /or "Util Easement ". The Grantees of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purposes of serving the Subdivision and other property with electricity, gas, and communication service; the right to trim, cut down and remove such trees, brush, saplings and bushes as may interfere with the proper construction, maintenance, operation or removal of said facilities, equipment and appurtenances; and the right of ingress and egress for all of the purposes aforesaid. Grantors, their successors in interest and assigns, reserve the right to use said easement areas for purposes which will not interfere with the Grantee's full enjoyment of rights hereby granted; provided that Grantors shall not erect or construct any reservoir, fence, retaining wall or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. No permanent dwellings or trees shall be placed on the areas so designated for Utility Easements, but with advance written authorization from the Grantee's Representatives the same may be used for gardens, shrubs, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. *h Dated as of this -q1 day Aoy8MH62 , 2007. 5L� Clear Creek, L.L.C. by: Teresa L. Morrow, Member and Manager The Crossing Development LC by: Dennis Craven, Member and Manager C WLJ City " - By: Ross Wilburn, Mayor bul-e ?�. �� By: arian K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON, SS: This instrument was acknowledged before me on this -Lo�__day of (ytNeffib ' , 2007, by Teresa L. Morrow, as Member and Manager of Clear Creek, L.L.C. ANGEL NU.'W? Y Notary Publi '' Commission Ex 'An cazrea p fi 3 W u res: STATE OF IOWA, COUNTY OF JOHNSON, SS: This instrument was acknowledged before me on this 1,0i, _day of h�tyQpftkgK, 2007, by Dennis Craven, Member and Manager of The Crossing Development LC. b(A- otary Public NJ I y. 2 A ANGELA JACOBY """"' Nx747M Commission Expires: Jv�. lu xoq it M/Cumnu onE Aw STATE OF IOWA ) ss: JOHNSON COUNTY ) On this .1'7_ day of N nOF-maF R 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn 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 5A 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. o5°"ra SONDRAE to S�►�Q� Gil z S Commission Number 159797 ` li iow, rn commissio00 Ues Notary Public for the state of Iowa \ \Server\ shared \wPDOCS \REALEST \!Subdiv \Cardinal Pointe South Part Two \UtilityEasement 111607.wpd 5y' Prepared by and Return to: C. Joseph Holland, 123 N. Limm St., Suite 300, Iowa City, IA 52245 (319)354-0331 STORM SEWER AND DRAINAGE EASEMENT AGREEMENT CARDINAL POINTE SOUTH PART TWO THIS AGREEMENT, made and entered into by and between Clear Creek, L.L.C. and The Crossing Development LC (Owner), which expression shall include successors in interest and assigns and the City of Iowa City, Iowa (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 and the installation, replacement, maintenance and use of such storm water lines, pipes, mains, conduits, and overland drainageways as the City shall from time to time elect for conveying storm water, with all necessary appliances and fittings for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas designated as "Storm Sewer and Drainage Easement ", "Storm Sewer Easement ", and "Drainage Easement" all as shown on the Final Plat of Cardinal Pointe South Part Two and referred to herein as "easement areas." Owner further grants to the City: 1. The right of grading said easement area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, to cut down and clear away any and all trees and brush on said easement area, and also to �9�t trim, cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of the City may be a hazard to said easement areas or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Owner reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said easement areas. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that they have a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement(s) at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as provided by law. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this ci% 4k day of 2007 •++C] RID)ii by: Teresa L. Morrow, Member and Manager The Crossing Development LC by: DennTt Craven, Member and Manager City —a$ Iowa Ci By: Ross Wilburn, Mayor By: iMarian K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON, SS: This instrument was acknowledged before me.on this Iq day of , 2007, by Teresa L. Morrow, as Member and Manager of lea, L.L.C. ANGELA JACOBV ITotary Public U Commission Expires: JWX.Q. to AMCI STATE OF IOWA, COUNTY OF JOHNSON, SS: This instrument was acknowledged before me on this Iq day of tsjnk w *- , 2007, by Dennis Craven, Member and Manager of The Crossing Development LC. M �`ary' otary Public � g,�� Commission Expires: V,,,hQ.. to X0 °� STATE OF IOWA j )ss: JOHNSON COUNTY ) On this c2 7 A day of NoveA&aA , 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn 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. I grs Rmm""!O"'i DRAE FORT on Number 159791 mmission Expires Notary Public for the state of Iowa m 7 / aJO 5`� Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356 -5230 i DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, NOVEMBER 14, 2007 EMMA J. HARVAT HALL MEMBERS PRESENT: Carol Alexander, Michelle Payne, Edgar Thornton, and Michael Wright.' - (Ned Wood recused due to conflict of interest.)__ MEMBERS ABSENT: None. STAFF PRESENT: Sarah Walz, Norm Cate OUTSIDE COUNSEL: Scott Peterson Doc ID: 021035160003 TVDe: GEN Recorded: 12/06/2007 at 10:57:41 AM Fee Amt: $17.00 Paoe 1 of 3 Johnson Countv Iowa Kim Painter Countv Recorder BK4241 PG471 -473 OTHERS PRESENT: Joe Younkers, Rob Phipps, Bu Wilson, Meg Baron, John Morrison, Esther Baker, James, Jim Walters, Brian Mitchell SPECIAL EXCEPTION ITEMS: 1. APL07 -00002 public hearing regarding an application submitted by Leighton House for an appeal of a decision by the Building Official not to renew a rental permit for property at 923 East College Street. Findings of Fact: The Board finds that in a letter dated May 23; 2007, the building official outlined for the property owner the terms of the variance under which the subject property was not operating, including the failure to have "professional on -site adult live -in management, a full on -site meal plan, a transportation shuttle service and reserved off- street parking ". The board finds that the business plan for Leighton House, the principles of which were the conditions of the variance, described the live -in management position as one of professional academic support and that the plan described the business concept was to provide an upscale, supervised living arrangement similar in management style, security, and service to a dormitory or sorority. The board finds that the permitted occupancy limit above 13 is based on these conditions. Based on statements made by the appellant's attorney, the board finds that the current director is a twenty- one - year -old University student, that there is currently no meal service offered, there are currently 18 -19 residents, and that there are two off- street parking spaces provided on site and two parking spaces reserved in a public ramp. The board finds that applicant has provided no evidence that housekeeping is provided. The board finds that prior to sending his November 8, 2006 letter to the property owner, the building official consulted with staff who confirmed that that the residents of 932 College Street were not living according to the terms of the variance. The board finds that during the November 2006 variance hearing, residents of 932 College Street provided statements, both orally and in writing, that indicated they were not living according to the terms of the 1997 variance. The board finds that the 1997 board decision granting the variance was based in part on the costs of the proposed upscale housing and that the decision indicates that this housing is distinct from other rental housing. The Board finds that the purpose of the board is to provide an appeal of decisions made by staff with regard to zoning issues when an error is alleged. The board finds that the building (5 department has the authority to interpret the zoning code and that the Board has the right to review that decision upon appeal. Conclusions of Law: The Board concludes the term "professional" as used in the Building Official's May 23 letter stands in place of the substantive description of the company and its management contained in the Leighton House business plan and that paid management is not a substitute for that principle in the plan. The board concludes that based on evidence of the lack of off - street parking provided by the owner, the lack of an on -site meal plan, and the lack of professional on -site resident management, the subject property is not operating according to the principles or the spirit of the Leighton House business plan and therefore the housing official was correct in his interpretation and in his decision not to renew the rental permit due to over - occupancy. The Board concludes that the Board of Adjustment hearing constitutes an evidentiary hearing as it is an opportunity to consider evidence from staff and from the appellant with regard to whether there is compliance with the terms of the variance and whether the building official's determination was in error. The Board concludes that the appellant had adequate notice of the hearing and the underlying issues and, further, that the appellant had an adequate opportunity to present its position and evidence in support of its position. The Board therefore concludes that the appeal process provides due process. Disposition: By a vote of 0 -4 (Wood recused) the Board denies the appeal and upholds the decision of the building official to deny a rental permit based on over - occupancy for property located at 932 East College Street. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14 -8C -1 E, City of Iowa City, Iowa. Chair erson STATE OF IOWA JOHNSON COUNTY Approved by: Scott Peterson, Outside Counsel 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 November, 2007, as the same appears of record in my Office. i C, Dated at Iowa City, this J qzL day of 2007 Man K. Karr, City Clerk