Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
ASPHALT RESURFACING/FY2014/2013
UI -no 0 1 ink, I Mm w 1 Cam! 2013 F7� d01 pa �� ^ F�� -. /.j ,, �I.GhSi ��i �}- .•Cfi�i.0�'?S. � �(' .0.1!JOSG.'...�...Cc7rry-(Y�c��. ciRG... PS-}� mt�- c`�'1�......... coal- 9- FkB 13 l; c /12nr . c� ? / crc% 5 a7v /3 077 Plans sP e c C ca^� ms � 4r n OF con 4 <`f P—S4 ;r of o{= cos- _ f�e 4/,.c _ F,y doff I - Ajnaj l C�/`c�.fP <. ;nq..'?�iia .�-,s� i'�iYK... Ao 12rit..D.1;- sj...rio4-icQ...... II49ur�jXclirl� ITfDJc�T/ le --�r P bl;c. ins Piz, ,t r( r l S -MAR_ i 3 M sol<.cN V 13 _00 afproo; of ? ( an s/ spec t ((� / (!� 'l II (( aP 3-he 2S- ��mrntc D-t �OS't"'Mf.'Ln� �OnSYTUG'�o� 5 ' ao/ /� 6l-l- Re -F � � Sur ttGnCl. s O , `fD roJec4-1 es4rAbl;skng 0.rnoun4- o� 6:d secur;� 40, ! acct/ any e4ch Dici I� , pp Ccnt� lacer -tomr_ t4, e� p4 i dS. y N o-l; c f-_ of l4ec,fma - Prrxil o"F_ I 4Warl/d CJntrac�// /Ior�z.1n� Atf.�..Mptor 4-6 S'tgr) .nand I4e l ;I. Qtr/( -lo a4e Sy- .G: c.0rrf,.z:e. -For Cor�yrtic.�ip, -� a"F.. -Flu r4.�1'r htSP%a 14 JOY P�,a af_® D fm U`ir NJr feemtrZ�✓ I F r �prrr �nr e E "u�mtKl 8,j i 7 - J-a , -_l, { 1��� � � r l - `-1 cyq ec �j ii it CITY OF 10 WA CIT pig_ PUMS, SPECIFICATIONS, PROPOSAL AND CONTRACT FOR IOWA 1 I hereby certify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly licensed Professional Engineer under the laws of the State of Iowa. SIGNED: Dave A. Panos, P.E. Civil Engineer Iowa Reg. No. 15579 My license renewal date is December 31, 2014 DATE: O 1n p if 0 N W� N N A i 4 N Ce I N I J A 4 N J g o r o C p C C I 0 -I z o 0 V 141 O D N N A A A P' � O m P O 0 y m r 0 0 3 3 3 l yO Zm�m mmr�r I M N A P m 0 31➢ m i 0 y y m m -� [ D P Z' O Ai00v£A ZmmZiD >> I I V 210 N ➢ 3 r .0 �m1l��l�y'O AmA Am00m On�DDDOOIOpp33m S y(/,O ➢pAD 0 O �`I DI-➢y OAODw DIfNiIyNNO f<il °ImIV 3313itCW ~ 0 V ➢AO V - AFN`T V 03 OC O O �OCOr�Dyyln:DD002mPP m�O�Am my.piz 'p1A �C N <DmO? Zm Zy-im Dm Cm D0�0 �j0A<mmF00000 A A N A �000C41m ➢DAm r y3A 33rD mmm �rD'>K D'm Olwm�n,lD1 N O D p .m A V PIA D INiI O rFmm !O ZI< - V_ m 4 �y D y 2 ZI➢ SIC ➢ 2 Am0 D y 0 m�C1 NZlna Z 41 IjC O Z 1 3 D.00m� i� 6 mlv_! y0 I 'O Z D Iriia� mxm m N' p 1 <aa m -z` O P T A A Z U'.I IAA 40 0 0 m 3 m lx < r 3 A im ml AI! i0 1 III Z o zi �, P O 0 0'1 2 p'1.. 011. O yip �O r } y N PN�VI (� it Oy Ni 0.. y O 4 IT my y P y,3 C T Tm r yh D Ot «I �lY�l m10 �1 D < < OZ CIO < <IOz OzI< Oim ti W o u v PIP N N P W o p Yn i I I GILBERT STREET CT m 1 1 f I I i HICKORY HILL PARK W w � I PARK o i WHETHER13Y N J AN i I i O O O W N ylm AJ P I I I i I 1 N m P m O0 m p I O COURTSTREET -� I I i SEYMOUR STREET P II i i ° : CLARKSTREET w ° o °o o g ov 1 1 c D y O ( _ 2 y _y D °uPmm O`A'NPON�A Nwo W m nlmo °O `; o m`fn'm�N o m p p�OJ m ° (Hp U N J P P b m S m J N N O W P O 0 A O ll O J u O O O OO O1 O O O m a WIW w mom m W mmm w �WP WI w m�m I I I I I m J V O O N N 1 1 A A N'b (J IA P3 'f P 010 U .1.1. W _ W N U N 14. O o N ,� A N 0 0 0 0i OO 01 O o 0O P O m0 o N 0 O0IN O O 10 O OO OO O dN r A am y m 0 m y D Z m � O y Z 0 O Z A O y SPECIFICATIONS TABLE OF CONTENTS TITLE SHEET TABLE OF CONTENTS NOTICE TO BIDDERS ....... NOTE TO BIDDERS........... FORM OF PROPOSAL .......................... BIDBOND ................................................. .....I......................... ..........................111.1 BB -1 FORMOF AGREEMENT ......................................................... ............................... AG-1 PERFORMANCE AND PAYMENT BOND ............................... ............................... PB -1 CONTRACT COMPLIANCE (ANTI - DISCRIMINATION REQUIREMENTS) .................... ............................... CC -1 GENERALCONDITIONS ........................................................ ............................... GC -1 SUPPLEMENTARY CONDITIONS .......................................... ............................... SC -1 TECHNICAL SECTION DIVISION 1 - GENERAL REQUIREMENTS Section 01010 Summary of the Work .......................... ............................... 01010 -1 Section 01025 Measurement and Payment ................. ............................... 01025 -1 Section 01310 Progress and Schedules ...................... ............................... 01310 -1 Section 01570 Traffic Control and Construction Facilities ........................... 01570 -1 DIVISION 2 - SITE WORK Section 02050 Demolitions, Removals and Abandonments ....................... 02050 -1 Section 02100 Site Preparation ................................... ............................... 02100 -1 Section 02220 Earth Excavation, Backfill, Fill and Grading ........................ 02220 -1 Section 02270 Slope Protection and Erosion Control .. ............................... 02270 -1 Section 02510 Asphalt Cement Concrete Paving ........ ............................... 02510 -1 Section 02520 Portland Cement Concrete Paving ....... ............................... 02520 -1 Section 02524 Curb Ramps ......................................... ............................... 02524 -1 Section02700 Sewers ................................................. ............................... 02700 -1 Section 02900 Landscaping ........................................ ............................... 02900-1 NOTICE TO BIDDERS FY 2014 ASPHALT RESURFACING PROJECT Sealed proposals will be received by the City . Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 27th day of March 2013. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 2nd day of April 2013, or at special meeting called for that purpose. The Project will involve the following: 2,296 tons of asphalt cement concrete, 11,945 sq. yards of pavement milling, 1,495 feet of pcc curb and gutter replacement, 350.30 sq, yards of pcc sidewalk and curb ramp pavement removal and replacement, 3 storm sewer intakes and piping, 1000 GAL. of chip sealing binder, 51 tons of chip seal cover aggregate, traffic control, other related work. All work is to be done in strict compliance with the plans and specifications prepared by the City of Iowa City Engineering Division which have hereto- fore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the AF -1 City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Completion Deadlines: Phase 1: Wetherby Park Early start: April 22, 2013 Completion deadline: May 17, 2013 Phase 2: Street Milling and Overlay Early start: June 10, 2013 Completed: August 2, 2013 Liquidated Damages: $500 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of the City Engineer of Iowa City, Iowa, by bona fide bidders. A $50 deposit is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to: "Treasurer of the City of Iowa City, Iowa ". The deposit shall be refunded upon return of the contract documents within fourteen days after award of the project. If the contract documents are not returned within fourteen days after award and in a reusable condition, the deposit shall be forfeited Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242 -4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, FTIW c � t:x unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF -3 1. The successful bidder and all subcontractors. are required to submit at least 4 days prior to award three references involving similar projects, including at least one municipal reference. Award of the bid or use of specific subcontractors may be denied if sufficient favorable references are not verified or may be denied based on past experience on projects with the City of Iowa City. 2. References shall be addressed to the City Engineer and include the name, address and phone number of the contact person, for City verification. 3. Bid submittals are: Envelope 1: Envelope 2: Bid Bond Form of Proposal IM FORM OF PROPOSAL FY 2014 ASPHALT RESURFACING PROJECT CITY OF IOWA CITY NOTICE TO BIDDERS: PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL ARE CONTAINED WITHIN THE BACK COVER OF THIS DOCUMENT. Name of Bidder Address of Bidder TO: City Clerk City of Iowa City City Hall 410 E. Washington St. Iowa City, IA 52240 The undersigned bidder submits herewith bid security in the amount of , in accordance with the terms set forth in the "Project Specifications." The undersigned bidder, having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, services, materials and equipment and to perform the Project as described in the Contract Documents, including Addenda , and , and to do all work at the prices set forth herein. We further propose to do all "Extra Work" which may be required to complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior,to starting such work. FP -1 The names of those persons, firms, companies or other parties with whom we intend to enter into a subcontract, together with the type of subcontracted work and approximate dollar amount of the subcontract, are as follows: NOTE: All subcontractors are subject to approval by City. The undersigned bidder certifies that this proposal is made in good faith, and without collusion or connection with any other person or persons bidding on the work. The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of this proposal and the Contract Documents prepared by the City of Iowa City, the more specific shall prevail. Firm: Signature: Printed Name: Title: Address: Phone: Contact: FP -3 as Principal, and , as Surety declare that we are held and are firmly bound unto the City of Iowa City, Iowa, hereinafter called "OWNER," in the sum of Dollars ($ ) to pay said sum as herein provided. We as Principal and Surety further promise and declare that these obligations shall bind our heirs, executors, administrators, and successors jointly and severally. This obligation is conditioned on the Principal submission of the accompanying bid, dated for Project. NOW, THEREFORE, (a) if said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified, and the Principal shall then furnish a bond for the Principal's faithful performance of said Project, and for the payment of all persons performing' labor or furnishing materials in connection therewith, and shall in all other respects perform the Project, as agreed to by the City's acceptance of said Bid, then this obligation shall be void. Otherwise this obligation shall remain in full force and effect, provided that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the amount of the obligation stated herein. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in the event that the Principal fails to execute the contract and provide the bond, as provided in the Project specifications or as required by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall in no way be impaired or affected by any extension of the time within which the Owner may accept such Bid or may execute such contract documents, and said Surety does hereby waive notice of any such time extension. The Principal and the Surety hereto execute this bid bond this day of A.D., 20_ (Seal) Witness Principal By (Title) (Seal) Surety By Witness (Attorney -in -fact) Attach Power -of- Attorney :: THIS AGREEMENT is made and entered into by and between the City of Iowa City, Iowa ( "City "), and ( "Contractor "). Whereas the City has prepared certain plans, specifications, proposal and bid documents dated the day of , 20_, for the FY 2014 Asphalt Resurfacing Project ( "Project'), and Whereas, said plans, specifications, proposal and bid documents accurately and fully describe the terms and conditions upon which the Contractor is willing to perform the Project. NOW, THEREFORE, IT IS AGREED: 1. The City hereby accepts the attached proposal and bid documents of the Contractor for the Project, and for the sums listed therein. 2. This Agreement consists of the following component parts which are incorporated herein by reference: a. Addenda Numbers b. "Standard Specifications for Highway and Bridge Construction," Series of 2012, Iowa Department of Transportation, as amended; C. Iowa Department of Transportation Design Manual, Chapter 12: Sidewalks and Bicycle Facilities, Dated 4 -17 -12 d. Plans; e. Specifications and Supplementary Conditions; f. Notice to Bidders; g. Note to Bidders; h. Performance and Payment Bond; „ i. Restriction on Non - Resident Bidding on Non - Federal -Aid Projects; t Contract Compliance Program (Anti- Discrimination Requirements); k. Proposal and Bid Documents; and I. This Instrument. AG -1 city The above components are deemed complementary and should be read together. In the event of a discrepancy or inconsistency, the more specific provision shall prevail. 3. The names of subcontractors approved by City, together with quantities, unit prices, and extended dollar amounts, are as follows (or shown on an attachment): 4. Payments are to be made to the Contractor in accordance with the Supplementary Conditions. DATED this day of 20_ Contractor ATTEST: Mayor ATTEST: City Clerk (Company Official) AG -2 Approved By: City Attorney's Office as (insert the name and address or legal title of the Contractor) Principal, hereinafter called the Contractor and (insert the legal title of the Surety) as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of Dollars for the payment for which Contractor and Surety hereby bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has, as of entered into a (date) written Agreement with Owner for the FY 2014 Asphalt Resurfacing Project; and WHEREAS, the Agreement requires execution of this Performance and Payment Bond, to be completed by Contractor, in accordance with plans and specifications prepared by _, which Agreement is by reference made a part hereof, and the agreed -upon work is hereafter referred to as the Project. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Agreement, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect until satisfactory completion of the Project. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Agreement, the Owner having performed Owner's obligations thereunder, the Surety may Il: promptly remedy the default, or shall promptly: 1. Complete the Project in accordance with the terms and conditions of the Agreement, or 2. Obtain a bid or bids for submission to Owner for completing the Project in accordance with the terms and conditions of the Agreement; and upon determina- tion by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available, as work progresses (even though there may be a default or a succession of defaults under the Agreement or subsequent contracts of completion arranged under this paragraph), sufficient .fit funds to pay the cost of completion, less the balance of the Contract Price, but not exceeding the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Agreement, together with any addenda and /or amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and Contractor's Surety shall be obligated to keep the improvements . covered by this bond in good repair for a period of five (5) years from the date of formal acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person, corporation or third party other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the Principal and Surety, in accordance with provisions of Chapter 573, Code of Iowa, shall pay to all persons, firms or corporations having contracts directly with the Principal, including any of Principal's subcontrac- tors, all claims due them for labor performed or materials furnished in the performance of the Agreement for whose benefit this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if it were expressly set out herein. SIGNED AND SEALED THIS r� IN THE PRESENCE OF: Witness Witness N a (Title) (Surety) (Title) (Street) (City, State, Zip) (Phone) CITY OF IOWA CITY SECTION I - GENERAL POLICY STATEMENT It is the policy of the City of Iowa City to require equal employment opportunity in all City contract work. This policy prohibits discrimination by the City's contractors, consultants and vendors and requires them to ensure that applicants seeking employment with them and their employees are treated equally without regard to race, color, creed, religion, national origin, sex, gender identity, sexual orientation, disability, marital status, and age. It is the City's intention to assist employers, who are City contractors, vendors or consultants, in designing and implementing equal employment opportunity so that all citizens will be afforded equal accessibility and opportunity to gain and maintain employment. PROVISIONS: All contractors, vendors, and consultants requesting to do business with the City must submit an Equal Opportunity Policy Statement before the execution of the contract. 2. All City contractors, vendors, and consultants with contracts of $25,000 or more (or less if required by another governmental agency) must abide by the requirements of the- City's Contract Compliance Program. Emergency contracts may be exempt from this provision at the discretion of the City. Regardless of the value of the contract, all contractors, vendors, and consultants are subject to the City's Human Rights Ordinance, which is codified at Article 2 of the City Code. 3. Contracting departments are responsible for assuring that City contractors, vendors, and consultants are made aware of the City's Contract Compliance Program reporting responsibilities and receive the appropriate reporting forms. A notification of requirements will be included in any request for proposal and notice of bids. 4. Prior to execution of the contract, the completed and signed Assurance of Compliance (located on pages CC -2 and CC -3) or other required material must be received and approved by the City. 5. Contracting departments are responsible for answering questions about contractor, consultant and vendor compliance during the course of the contract with the City. 6. All contractors, vendors, and consultants must refrain from the use of any signs or designations which are sexist in nature, such as those which state "Men Working" or "Flagman Ahead," and instead use gender neutral signs. All contractors, vendors, and consultants must assure that their subcontractors abide by the City's Human Rights Ordinance. The City's protected classes are listed at Iowa City City Code section 2 -3 -1. CC -1 SECTION II - ASSURANCE OF COMPLIANCE The following sets forth the minimum requirements of a satisfactory Equal Employment Opportunity Program which will be reviewed for acceptability. PLEASE RETURN PAGES CC2 AND CC3 OF THIS SECTION TO THE CONTRACTING DEPARTMENT PRIOR TO THE EXECUTION OF THE CONTRACT. With respect to the performance of this contract, the contractor, consultant or vendor agrees as follows: (For the purposes of these minimum requirements, "contractor" shall include consultants and vendors.) The contractor will not discriminate against any employee or applicant for employment and will take affirmative efforts to ensure applicants and employees are treated during employment without regard to their race, color, creed, religion, national origin, sex, sexual orientation, gender identity, disability, marital status, and age. Such efforts shall include, but not be limited to the following: employment, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that it is an equal opportunity employer. Note: Contracts that are federally funded are subject to Executive Order No. 11246, as amended, and the regulations (see generally 29 U.S.C. § 1608 at se q.) and relevant orders of the U.S. Secretary of Labor. The Secretary of Labor, and not the City, enforces said regulations and orders. Provide a copy of your written Equal Employment Opportunity policy statement. Where is this statement posted? 4. What is the name, telephone number and address of your business' Equal Employment Opportunity Officer? (Please print) Phone number Address 5. The undersigned agrees to display, in conspicuous places at the work site, all posters required by federal and state law for the duration of the contract. NOTE: The City can provide assistance in obtaining the necessary posters. c� CC -2 6. How does your business currently inform applicants, employees, and recruitment sources (including unions) that you are an Equal Employment Opportunity employer? The above responses to questions 1 through 6, are true and correctly reflect our Equal Employment Opportunity policies. Business Name Signature Print Name Phone Number Title Date CC -3 SECTION III - SUGGESTED STEPS TO ASSURE EQUAL EMPLOYMENT OPPORTUNITIES COMPANY POLICY Determine your company's policy regarding equal employment opportunities. Document the policy and post it in a conspicuous place so that it is known to all your employees. Furthermore, disseminate the policy to all potential sources of employees and to your subcontractors asking their cooperation. The policy statement should recognize and accept your responsibility to provide equal employment opportunity in all your employment practices. In regard to dissemination of this policy, this can be done, for example, through the use of letters to all recruitment sources and subcontractors, personal contacts, employee meetings, web page postings, employee handbooks, and advertising. 2. EQUAL EMPLOYMENT OPPORTUNITY OFFICER Designate an equal employment opportunity officer or, at minimum, assign someone the responsibility of administering and promoting your company's Equal Employment Opportunity program. This person should have a position in your organization which emphasizes the importance of the program. 3. INSTRUCT STAFF Your staff should be aware of and be required to abide by your Equal Employment Opportunity program. All employees authorized to hire, supervise, promote, or discharge employees or are involved in such actions should be trained and required to comply with your policy and the current equal employment opportunity laws. 4. RECRUITMENT (a) Let potential employees know you are an equal opportunity employer. This can be done by identifying yourself on all recruitment advertising as "an equal opportunity employer ". (b) Use recruitment sources that are likely to yield diverse applicant pools. Word -of -mouth recruitment will only perpetuate the current composition of your workforce. Send recruitment sources a letter annually which reaffirms your commitment to equal employment opportunity and requests their assistance in helping you reach diverse applicant pools. (c) Analyze and review your company's recruitment procedures to identify and eliminate discriminatory barriers. (d) Select and train persons involved in the employment process to use objective standards and to support equal employment opportunity goals. (e) Review periodically job descriptions to make sure they accurately reflect major job functions. Review education. and experience requirements to make sure they accurately reflect the requirements for successful job performance. (0 Review the job application to insure that only job related questions are asked. Ask yourself "Is this information_ necessary to judge an applicant's ability to perform the job applied for ?" Only use job- related tests which do not adversely affect any particular group of people. (g) Monitor interviews carefully. Prepare interview questions in advance to assure that they are only job related. Train your interviewers on discrimination laws. Biased and subjective judgments in personal interviews can be a major source of discrimination. (h) Improve hiring and selection procedures and use non - biased promotion, transfer and training policies to increase and /or improve the diversity of your workforce representation. Companies must make sure procedures for selecting candidates for promotion, transfer and training are based upon a fair assessment of an employee's ability and work record. Furthermore, all companies should post and otherwise publicize all job promotional opportunities and encourage all qualified employees to bid on them. CC-4 Attached for your information is a copy of Section 2 — 3 — 1 of the Iowa City Code of Ordinances which prohibits certain discriminatory practices in employment. Please note that the protected characteristics include some not mandated for protection by Federal or State law. As a contractor, consultant or vendor doing business with the City of Iowa City you are required to abide by the provisions of the local ordinance in conjunction with your performance under a contract with the City. CC -5 2 -3 -1 CHAPTER 3 DISCRIMINATORY PRACTICES SECTION: 2 -3 -1: Employment; Exceptions 2 -3 -2: Public Accommodation; Exceptions 2.3.3: Credit Transactions; Exceptions 2 -3 -4: Education 2 -3 -5: Aiding Or Abetting; Retaliation; Intimidation 2 -3 -1: EMPLOYMENT; EXCEPTIONS: A. It shall be unlawful for any employer to refuse to hire, accept, register, classify, upgrade or refer for employ- ment, or to otherwise discriminate in employment against any other person or to discharge any employee be- cause of age, color, creed, disability, gender Identity, marital status, nation- al origin, race, religion, sex or sexual orientation. B. It shall be unlawful for any labor orga- nization to refuse to admit to member- ship, apprenticeship or training an applicant, to expel any member, or to otherwise discriminate against any applicant for membership, apprentice- ship or training or any member in the privileges, rights or benefits of such membership, apprenticeship or train - Ing because of age, color, creed, disability, gender Identity, marital status, national origin, race, religion, sex or sexual orientation of such ap- plicant or member. 2 -3.1 C. It shall be unlawful for any employer, employment agency, labor organiza. tion or the employees or members thereof, to directly or indirectly adver- tise or in any other manner Indicate or publicize that Individuals are unwel- come, objectionable or not solicited for employment or membership be- cause of age, color, creed, disability, gender identity, marital status, nation - at origin, race, religion, sex or sexual orientation. (Ord, 95 -3697, 11 -7 -1995) D. Employment policies relating to preg- nancy and chlldbirth shall be governed by the following: 1. A written or unwritten employment policy or practice which excludes from employment applicants or employees because of the employee's pregnancy Is a prima facie violation of this Title. 2. Disabilities caused or contributed to by the employee's pregnancy, miscar- riage, childbirth and recovery there- from are, for all Job - related purposes, temporary disabilities and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment or any written or unwrit- ten employment policies and practices involving terms and conditions of employment as applied to other tem- porary disabilities. E. It shall be unlawful for any person to solicit or require as a condition of employment of any employee or pro- Iowa City CC -6 987 2.3 -1 spective employee a test for the pres- ence of the antibody to the human immunodeficiency virus. An agree- ment between an employer, employ- ment agency, labor organization or their employees, agents or members and an employee or prospective em- ployee concerning employment, pay or benefits to an employee or pro- spective employee in return for taking a test for the presence of the antibody to the human immunodeficiency virus, Is prohibited. The prohibitions of this subsection do not apply if the State epidemiologist determines and the Director of Public Health declares through the utilization of guidelines established by the Center for Disease Control of the United States Depart- ment of Health and Human Services, that a person with a condition related to acquired Immune deficiency syn- drome poses a significant risk of transmission of the human immunode- ficlency virus to other persons In a specific occupation. F. The following are exempted from the provisions of this Section: 1. Any'bona fide religious institution or Its educational facility, assoblation, corporation or society with respect to any qualifications for employment based on religion when such qualifica- tions are related to a bona fide reli- gious purpose. A religious qualifica- tion for instructional personnel or an administrative officer, serving in a supervisory capacity of a bona fide religious educational facility or rell- gfous Institution shall be presumed to be a bona fide occupational qualifica- tion. (Ord. 94 -3647, 11 -8 -1994) 897 Iowa City CC -7 2 -3 -1 2. An employer or employment agency which chooses to offer employment or advertise for employment to only the disabled or elderly. Any such employ ment or offer of employment shall not discriminate among the disabled or elderly on the basis of age, color, creed, disability, gender identity, mari- tal status, national origin, race, reli- gion, sex or sexual orientation. (Ord. 95 -3697, 11.7 -1995) 3. The employment of individuals for work Within the home of the employer If the employer or members of the family reside therein during such em- ployment. 4. The employment of individuals to render personal service to the person of the employer or members of the employer's family. 5. To employ on the basis of sex in those certain instances where sex is a bona fide occupational qualification reasonably necessary to the normal operation of a particular business or enterprise. The bona fide occupational qualification shall be interpreted nar- rowly. 6. A State or Federal program de- signed to benefit a specific age classi- fication which serves a bona fide pub- lic purpose. 7. To employ on the basis of disability in those certain Instances where pres- ence of disability is a bona fide occu- pational qualification reasonably nec- essary to the normal operation of a particular business; or enterprise. The bona fide occupational qualification shall be Interpreted narrowly. r (Ord. 94 -3647, 11 -8 -1994) GENERAL CONDITIONS Division 11, General Requirements and Covenants of the Iowa Department of Transportation "Standard Specifications for Highway and Bridge Construction," Series of 2012, as amended, shall apply except as amended in the Supplementary Conditions. GC -1 SUPPLEMENTARY CONDITIONS ARTICLES WITHIN THIS SECTION S -1 Definitions S -2 Limitations of Operations S -3 Insurance SA Supervision and Superintendence S -5 Concerning Subcontractors, Suppliers and Others S -6 Compliance with OSHA Regulations S -7 Employment Practices S -8 Contract Compliance Program (Anti- Discrimination Requirements) S -9 Measurement and Payment S -10 Taxes S -11 Construction Stakes S -12 Restriction on Non - Resident Bidding on Non - Federal -Aid Projects Caption and Introductory Statements These Supplementary Conditions amend or supplement Division 11 of the Iowa Department of Transportation "Standard Specifications for Highway and Bridge Construction," Series of 2012, as amended and other provisions of the Contract Documents. All provisions which are not so amended or supplemented remain in full force and effect. S -1 DEFINITIONS. ADD to or CHANGE the following definitions within 1101.03 of the [DOT STANDARD SPECIFICATIONS. "ENGINEER" shall mean the Director of Public Works for the City of Iowa City, Iowa or his authorized representative. "OWNER" and "CITY" shall mean the City of Iowa City, Iowa acting through the City Council and duly authorized agents. "CONTRACTING AUTHORITY," "DEPARTMENT OF TRANSPORTATION," or "COUNTY" shall mean the CITY. "IDOT STANDARD SPECIFICATIONS" shall mean the Iowa Department of Transportation "Standard Specifications for Highway and Bridge Construction," Series of 2012, as amended. S -2 LIMITATIONS OF OPERATIONS. Add the following paragraph to 1108.03 of the [DOT STANDARD SPECIFICATIONS: Except for such work as may be required to properly maintain lights and barricades, no work will be permitted on Sundays or legal holidays without specific permission of the ENGINEER. SC -1 S -3 INSURANCE. A. CERTIFICATE OF INSURANCE: CANCELLATION OR MODIFICATION Before commencing work, the Contractor shall submit to the City for approval a Certificate of Insurance, meeting the requirements specified herein, to be in effect for the full contract period. The name, address and phone number of the insurance company and agent must accompany the certificate. The liability limits required hereunder must apply to this Project only. 2. The Contractor shall notify the City in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. 3. Cancellation or modification of said policy or policies shall be considered just cause for the City of Iowa City to immediately cancel the contract and /or to halt work on the contract, and to withhold payment for any work performed on the contract. B. MINIMUM COVERAGE Any policy or policies of insurance purchased by the Contractor to satisfy his /her responsibilities under this contract shall include contractual liability coverage, and shall be in the following type and minimum amounts: Type of Coverage Comprehensive General Liability Each Occurrence Aggregate Bodily Injury & Property Damage* $1,000,000 $2,000,000 Automobile Liability Combined Single Limit Bodily Injury & Property Damage $1,000,000 Excess Liability $1,000,000 $1,000,000 Workers Compensation Insurance as required by Chapter.85, Code of Iowa. "Property Damage liability insurance must provide explosion, collapse and underground coverage -when determined by City to be applicable. The City requires that the Contractor's Insurance carrier be A rated or better by A.M. Best. In addi }ion, the Contractor shall be required to comply with the following provisions with respect #o insurance coverage: The entire amount of Contractor's liability insurance policy coverage limits, identified in the policy and on the Certificate of Insurance, must, under the policy, be available to pay damages for which the insured Contractor becomes liable, or for which the insured assumes liability under the indemnity agreement herein contained, and such coverage amount shall not be subject to reduction by virtue of investigation or defense costs incurred by Contractor's insurer. 2. The entire amount of the Contractor's liability insurance policy coverage limits shall be payable by the Contractor's insurer, with no deductible to be paid by, or self- insured retention to be attributed to, the Contractor unless this requirement is waived by the City. Contractor's Certificate of Insurance must set forth the nature and amount of any such deductible or self- insured retention. SC -2 3. If Contractor's liability insurance coverage is subject to any special exclusions or limitations not common to the type of coverage being provided, such exclusions or limitations shall be noted on the Certificate of Insurance. 4. The City prefers that Contractor provide it with "occurrence form" liability insurance coverage. If Contractor can only provide "claims- made" insurance coverage, then the Contractor must comply with the following requirements: a. If the Contractor changes insurance carriers, or if Contractor's insurance coverage is canceled, during the contract period or within two years after City's acceptance of the work, Contractor agrees to immediately notify the City of such event. b. If Contractor's insurance is canceled or is allowed to lapse during said period, Contractor shall be required to obtain replacement insurance coverage to fulfill its obligation hereunder. C. If, during said period, Contractor voluntarily changes insurance carriers or is required to obtain replacement coverage from another carrier, Contractor shall either (1) purchase "tail" coverage from its first carrier effective for a minimum of two years after City Council acceptance of the work, or (2) purchase "prior acts" insurance coverage from its new carrier, covering prior acts during the period of this Contract from and after its inception. d. "Tail" or "prior acts" coverage so provided shall have the same coverage, with the same limits, as the insurance specified in this Contract, and shall not be" to any further limitations or exclusions, or have a higher deductible, orself- insured retention than the insurance which it replaces. 5. The City reserves the right to waive any of the insurance requirements herein provided. The City also reserves the right to reject Contractor's insurance if not in compliance with the requirements herein provided, and on that basis to either award the contract to the next low bidder, or declare a default and pursue any and all remedies available to the City. 6. In the event that any of the policies of insurance or insurance coverage identified on Contractor's Certificate of Insurance are canceled or modified, or in the event that Contractor incurs liability losses, either due to activities under this Contract, or due to other activities not under this Contract but covered by the same insurance, and such losses reduce the aggregate limits of Contractor's liability insurance below the limits required hereunder, then in that event the City may in its discretion either suspend Contractor's operations or activities under this Contract, or terminate this Contract, and withhold payment for work performed on the Contract. 7. In the event that any of the policies or insurance coverage identified on Contractor's Certificate of Insurance are canceled or modified, the City may in its discretion either suspend Contractor's operations or activities under this Contract, or terminate this Contract, and withhold payment for work performed on the Contract. C. HOLD HARMLESS The Contractor shall indemnify, defend and hold harmless the City of Iowa City and its officers, employees, and agents from any and all liability, loss, cost, damage, and SC -3 expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions, or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operations under this Contract, whether such operations be by himself or herself or by any Subcontractor or by anyone directly or indirectly employed by either of them. 2. Contractor is not, and shall not be deemed to be, an agent or employee of the City of Iowa City, Iowa. S -4 SUPERVISION AND SUPERINTENDENCE. Add the following paragraph to 1105.05 of the IDOT STANDARD SPECIFICATIONS: CONTRACTOR shall maintain a qualified and responsible person available 24 hours per day, seven days per week to respond to emergencies which may occur after hours. CONTRACTOR shall provide to ENGINEER the phone number and /or paging service of this individual. S -5 CONCERNING SUBCONTRACTORS, SUPPLIERS AND OTHERS. Add the following paragraph to 1108.01 of the [DOT STANDARD SPECIFICATIONS: Bidders shall list those persons, firms, companies or other parties to whom it proposes /intends to enter into a subcontract regarding this project as required for approval by the City and as noted on the Form of Proposal and the Agreement. If no minority business enterprises (MBE) are utilized, the CONTRACTOR shall furnish documentation of all efforts to recruit MBE's. S -6 COMPLIANCE WITH OSHA REGULATIONS. Add the following paragraphs to 1107.01 of the IDOT STANDARD SPECIFICATIONS: The Contractor and all subcontractors shall comply with the requirements of 29 CFR 1910 (General ,Industry Standard) and 29 CFR 1926 (Construction Industry Standard). The ::Contractor and all subcontractors are solely responsible for compliance with said regulations. The Contractor will provide Material Safety Data Sheets (MSDS) for all hazardous chemicals or materials that will be at the job site. The Material Safety Data Sheets will be submitted to the Project Engineering prior to the start of construction and supplemented as necessary throughout the project. This data is being provided for informational purposes only and does not relieve the contractor of any obligations for compliance with applicable OSHA and State laws regarding hazardous chemicals and right -to -know. S -7 EMPLOYMENT PRACTICES. Neither the Contractor nor his /her subcontractors, shall employ any person whose physical or mental condition is such that his /her employment will endanger the health and safety of them- selves or others employed on the project. Contractor shall not commit any of the following employment practices and agrees to include the following clauses in any subcontracts: SC -4 To discriminate against any individual in terms, conditions, or privileges of employment because of sex, race, color, religion, national origin, sexual orientation, gender identity, marital status, age or disability unless such disability is related to job performance of such person or employee. To discharge from employment or refuse to hire any individual because of sex, race, color, religion, national origin, sexual orientation, gender identity, marital status, age, or disability unless such disability is related to job performance of such person or employee. S -8 CONTRACT COMPLIANCE PROGRAM (ANTI - DISCRIMINATION REQUIREMENTS). For all contracts of $25,000 or more, the Contractor shall abide by the requirements of the City's Contract Compliance Program, which is included with these Specifications beginning on page CC -1. S -9 MEASUREMENT AND PAYMENT. Section 01025, Measurement and Payment, contained in Division 1 of these specifications defines all pay items and methods of measurement. The provisions of this section will supersede applicable sections in the IDOT STANDARD SPECIFICATIONS. S -10 TAXES. Contractors and approved subcontractors will be provided a Sales Tax Exemption Certificate to purchase building materials, supplies, or equipment in the performance of the contract. The Contractor shall submit the information necessary for the certificates to be issued. S -11 CONSTRUCTION STAKES. Replace the last paragraph of 1105.06 of the IDOT Standard Specifications with the following: The Contractor shall be responsible for the preservation of stakes and marks. Any necessary re- staking will be at the Contractor's expense and will be charged at a rate of $75 per hour. SC -5 PART 1 - GENERAL 4/08 01010.da SECTION 01010 SUMMARY OF THE WORK General description, not all inclusive. A. Base Bid Work: Phase 1 1. Complete parking lot installation at Wetherby Park Phase 2 1. Hot Mix Asphalt Milling, HMA Base and associated work. 2. Remove and replace Portland Cement Concrete curb and gutters. 3. Remove and replace Portland Cement Concrete ADA Curb Ramps. 4. Adjust manholes. 5. Install HMA Surface 6. Provide traffic control during all phases of the project 7. Complete chip seal resurfacing 11 1 SECTION 01025 MEASUREMENT AND PAYMENT PART 1 -GENERAL 1.01 SUMMARY: A. Procedures and submittal requirements for schedule of values, applications for payment, and unit prices. 1.02 STANDARD OF MEASUREMENTS: A. Work completed under the contract shall be measured by the Engineer. Payment will be based on the actual quantity of work performed according to the various classes of work specified unless noted in Part 3 of this Section. The Contractor will be given an opportunity to be present during measurement. 1.03 SCOPE OF PAYMENT: A. The Contractor shall accept the compensation as herein provided as full payment for furnishing materials, labor, tools and equipment and for performing work under the contract; also, for costs arising from the action of the elements, or from any unforeseen difficulties which may be encountered during the execution of the work and up to the time of acceptance. B. Construction items may be bid as a lump sum or as itemized work, which will be paid on a unit cost basis. In either case, some work may be required for which a separate pay item is not provided. Completion of this work is required. If a separate pay item is not provided for this work, it is to be considered incidental to the project and no separate payment will be made. PART 2- PRODUCTS 2.01 NONE PART 3 - EXECUTION 3.01 PROCEDURE: A. Payment under this contract shall occur no more than once per month for work completed by the Contractor. It is not the City's policy to pay for materials and equipment stored or furnishings fabricated off site. The 5% retainage will be released 31 days after the project is accepted by the City Council, provided no claims against the project have been filed within 30 days of project acceptance. Chapter 573 of the Code of Iowa will govern the release of retainage and resolution of claims. 3.02 BID ITEMS: A. GENERAL The following subsections describe the measurement of and payment for the work to be done under the items listed in the FORM OF PROPOSAL. Each unit or lump sum price stated shall constitute full payment as herein specified for each item of 01025 -1 A work completed in accordance with the drawings and specifications, including clean up. It is the Contractor's responsibility to identify the locations of public and private utilities. No additional compensation will be made for any interference or delay caused by the placement and /or relocation of said utilities. No additional compensation will be made for repair costs to fix damage caused the Contractor or his /her Subcontractors. Work associated with existing items on private and/or public property that are to be protected, removed, relocated, replaced, reinstalled or modified is considered incidental unless it is listed as an item in the FORM OF PROPOSAL. Existing items damaged or unsuitable for relocation or reinstallation will be replaced with like item and painted, if necessary, at the Contractor's expense. All trees and shrubs shall remain and be protected from damage unless specifically noted as "REMOVE" or "CLEAR AND GRUB" on the project plans and as otherwise directed by the Engineer. The prices for those items which may have any impact on existing trees and shrubs shall include compensation for special precautionary measures required to prevent injury or damage to said tree, shrub or root system. The prices for those items which involve grading or excavation shall include compensation for top soil removal and replacement (unless it is listed as an item in the FORM OF PROPOSAL), disposal of surplus excavated material, handling water, installation of all necessary sheeting, bracing and temporary fencing around all open excavations and supply, placement and compaction of specified backfill. The prices for those items which involve surface removal adjacent to buildings or vaults shall include compensation to protect exposed surfaces from water which may leak or seep into vaults and /or basements. All labor, materials and equipment required to bring surfaces to the proper elevation and density including loading, hauling, and disposal of unsuitable material, below grade excavation, borrow and (hauling, placing, forming, drying, watering and compaction of fill material, and all such work as may :tie required to make the grading work complete with a uniform surface free of rock, broken concrete, tree roots; limbs and other debris is incidental to this project unless it is listed as an item in the FORM OF PROPOSAL, The Contractor must pay for all parking permit fees, meter hoods, lot and ramp fees, and parking tickets. The Contractor must figure these costs into their bid prices. The City will not waive parking fees or fines. Permits paid for by the Contractor will be issued only for construction vehicles, not personal vehicles. The Contractor shall be responsible for continuous cleaning of mud and debris off adjacent driveways, streets, sidewalks and private property, when mud and debris is deposited there as a result of any construction activity. The cost of clean up shall be incidental. BID ITEM DESCRIPTIONS Cleaning & Preparation of Base The unit price for this item (MILE -full width) shall constitute full payment for all labor, material, and equipment to clean and prepare the base for the full width of the pavement in accordance with IDOT Standard Specifications Section 2212.04A. The City's street sweeping crew and equipment will be available to aid the Contractor with the sweeping operation prior to cleaning each street, on a one -time basis only. 2. HMA Surface Patch The unit price for this item (TON) shall constitute full payment for all labor, materials, and equipment for the repair of an existing base deficiencies including surface sweeping and cleaning and minor partial depth HMA surface repair prior to placement of the asphalt base. 01025 -2 3. Pavement Milling The unit price for this item (SQUARE YARD) shall constitute full payment for all labor, material, and equipment to remove by milling and dispose of the entire depth of asphalt down to a clean existing street, PCC or brick surface. Milled headers at the interface between new and existing pavement shall be considered incidental to this item. Asphalt millings will remain the property of the City and shall be delivered by the contractor to the Iowa City Landfill and stockpiled at the specific location as coordinated with the City. Temporary asphalt fillets are incidental to this item. 4. HMA (1M ESAL), Base MY' The unit price for this item (TON) shall constitute full payment for all labor, materials, and equipment for construction of the base course. Adjusting structures in the pavement shall be incidental unless specifically listed as a bid item. Tack coat and quality control management shall be incidental. Binder, Tack Coat, and quality control management shall be incidental to this item. 6. HMA (1M ESAL), Surface W', No Friction The unit price for this item (TON) shall constitute full payment for all labor, materials, and equipment for construction of the HMA surface course. Binder, Tack Coat, and quality control management shall be incidental to this item. 6. Asphalt Removal, Driveway and Apron The unit price for this item (SQUARE YARD) shall constitute full payment for all labor, material, and equipment for removal and disposal of existing asphalt removed at driveways alleys or general pcc approaches which require handwork to tie in new overlay HMA to match existing grades. Sawing, impact hammer removal or other means necessary to remove asphalt shall be incidental to this item. Asphalt removal by milling will not be'paid with this item. 7. HMA Patch, 8" The unit price for this item (SQUARE YARD) shall constitute full payment for all' labor, material, and equipment to remove and dispose of asphalt or deteriorated Sconcrete or remove and stockpile old brick, and any unsuitable subbase, replace and compact aggregate subbase, and replace HMA Concrete to a minimum 8" thickness. Sawing asphalt and tack shall be incidental to this item. Any brick removed under item shall be delivered to City Street department stockpile for salvage or disposed of at the Engineers discretion. 8. Cover Aggregate The unit price for this item (TON) shall constitute full payment for all labor, material, and equipment for placement of the 3/8 inch cover aggregate (gradation 21) as per ]DOT Standard Specification Section 2307. 9. Binder Bitumen The unit price (GALLON) for this item shall constitute full payment for all labor, material and equipment necessary to apply MC -3000 binder as per IDOT Standard Specification Section 2307. 10. Asphalt Patching "Cold Mix" The unit price for this item (TON) shall constitute full payment for all labor, material, and equipment necessary to supply, place and compact asphalt cold mix in areas marked on the existing pavement surface by the Engineer. This item shall include all labor, materials and equipment necessary for removal of all existing loose or unsuitable materials and tack coat installation 11. Manhole Adjustment The unit price for this item (EACH) shall constitute full payment for all labor, material, including concrete, reinforcing steel, and equipment to adjust sanitary or storm sewer utility lid and frame to the final surface elevation. 01025 -3 Item shall be completed per specifications of "Mr. Manhole" installation system included in the Appendix of these specifications. New castings will be provided by the City. 12. Class 10 Excavation The unit price for this item (CUBIC YARD) shall constitute full payment for all labor, material and equipment required to overexcavate 5' depth or as needed for preparation of installation of special backfill placement at parking lot extension at Wetherby Park. Upon removal, soil will be hauled at no additional fee to City Street Department stockpile yard on Napoleon Lane in Iowa City. 13. Strip Topsoil, Stockpile The unit price for this item (CUBIC YARD) shall constitute full payment for all labor, material and equipment required to strip a minimum 6" depth at parking lot extension at Wetherby Park. Upon removal, soil will be stockpile on site at a location coordinated with City Engineering department. Silt fence shall be installed around perimeter of stockpile prior to excavation. Silt fencing will remain on site following installation and remain the property of the City up completion of work. Silt fencing installation will be paid separately as a part of the Temporary Sediment and Erosion Control Item. 14. Remove Storm Intake The unit price for this item (EACH) shall be considered full compensation for removal of storm intakes as indicated in project plan. For estimating purposes, intakes removed as a part of this item will should be considered comparable in size and depth to the replacement structure at each location. Contractor shall work to minimize removal and pavement limits as much as possible during this work to minimize street removal and ROW disturbance. 15. Remove Storm Piping The unit price for this item (LINEAL FOOT) shall be considered full compensation for removing and disposing of pipe as indicated in plan documents. No change price adjustment will be made for different pipe materials encountered. Length will be measured for removed pipe. Measurement shall exclude the space across manholes and intakes. Street pavement removal will be paid separately under the applicable HMA or PCC Street patching item. G6. Storm Sewer Structure, SW -501 The unit price for this item (EACH) will be paid based on the number of intakes constructed (precast or poured in place) and includes excavation, forming, reinforcing steel, dowels, supply, placement, compaction and finishing of concrete, supply, placement and compaction of Class A Granular Backflll to final surface elevations, providing stubs for drainage tiles and the frame and casting. Stoppers for stub connections are incidental. Connection to existing pipes and tile lines including RCP stubs, "C collars, and interior intake fillets to pipe stubs shall be incidental to this item: 'City of Iowa City castings with logo will be supplied on all intakes where applicable. Approximate pipe sizes, depths, and locations are indicated in plans; however exact pipe sizes, depths, and locations of interior pipe penetrations shall be verified in the field prior to fabrication and construction. Supply, placement and compaction of Class A Granular Roadstone for all intakes to finished surface shall be incidental to this item. 17. Storm Sewer, RCP, 15" DIA, RCP Class III The unit price for this item (LINEAL FOOT) shall be considered full compensation for installation of pipe as indicated here. Length will be measured for each size and type of pipe along the pipe center line with no deductions for prefabricated bends. Measurement shall exclude the space across manholes and intakes. The following items shall be considered incidental unless they are included with other items listed in the FORM OF PROPOSAL: a. Adapters, collars and tapping required for connections to dissimilar pipes, manholes, or 01025 -4 other appurtenances. b. Trench excavation including furnishing necessary equipment. c. Trench boxes required for safety and to minimize disturbance to features to be saved. d. Exploratory digging required to determine location of existing structures or potential conflicts. e. Furnishing pipe, wyes, tees, fittings, joint materials, and appurtenances. f. Supply, placement and compaction of specified pipe bedding material and standard or select material within the pipe envelope including concrete encasements. g. Supply, placement and compaction of Class A Granular Roadstone as primary, secondary 'and final trench backfill for all pipe segments included in this work from pipe envelope to finished surface will be incidental to this item. h. Dewatering trenches and excavations for pipe, intakes, manholes and associated structures including furnishing pumps, piping, well points, etc., as required. I. Temporary connections, piping, and pumping for bypassing sewage flows as required to construct pipe, intakes, manholes and associated structures. j. Frost excavation, frost ripping, frost blankets, or other activities associated with cold weather. k. Testing of sewers as required. I. Temporary support of existing utility mains and service lines. m. Temporary fencing. n. Repair or replacement of utility services damaged by the Contractor, o. Permanent connections and stubs with caps for sump pump, drainage, and field tiles of various sizes, including backfill as specified by the Engineer. <n 18. Water Valve Adjustment The unit price for this item (EACH) shall constitute full payment for all labor, material, including and equipment to adjust the water valve to the final surface elevation. New valve adjustment rings will be provided by the City to be installed by the Contractor where deemed necessary by the Engineer. 19. Stair Removal The unit price for this item (EACH) shall constitute full payment for all labor, material, and equipment to remove and dispose of precast 3 -riser stair unit as indicated in the project plan. 20. Removal of Curb & Gutter The unit price for this item (LINEAL FOOT) shall constitute full payment for all labor, material, and equipment to saw, remove and dispose of existing curb and gutter marked in the field. 21. Removal of PCC Sidewalk The unit price for this item (SQUARE YARD) shall constitute full payment for all labor, material, and equipment to saw, remove and dispose of existing sidewalk including sidewalk curb ramps. 22. Removal of Alley Pavement The unit price for this item (SQUARE YARD) shall constitute full payment for all labor, material, and equipment to saw, remove and dispose of paving for alley approaches including integral curb and gutter, and sidewalk extension through the alley drive lane. 23. Sidewalk, PCC, 4" 24. Sidewalk, PCC, 6" The unit price for these items (SQUARE YARD) shall be full compensation for installing Portland Cement Concrete sidewalk constructed at the specified widths, thicknesses and mix designs. Included with these items are subgrade preparation and compaction, subgrade treatments, forming, concrete placement and finishing, curing, tie bar reinforcement, and or expansion jointing, and joint sealing. Curb installed at the back of sidewalk when needed (as determined by Engineer) shall be paid and measured based on the footprint area (SQUARE YARD) of curb section added beyond the standard sidewalk width. 01025 -5 Topsoil backfill, 2 seeding applications (1 Temporary in Fall 2013 + 1 Permanent in Spring 2014) as per section 02900, and clean -up shall be considered incidental to this item. Iowa DOT Transportation Design Manual, Chapter 12: Sidewalks and Bicycle Facilities (Dated 4- 17 -12) Standard Road Plan MI -22 shall apply to curb ramp installation. 25. Alley Approach Paving, PCC, 6" The unit price for this item (SQUARE YARD) shall be full compensation for installing Portland Cement Concrete alley approach pavement at the specified widths, thicknesses and mix designs. Included with this item is subgrade preparation and compaction, subgrade treatments, forming, concrete placement and finishing, curing, tie bar reinforcement, and or expansion jointing, and joint sealing. Alley approach shall include a transition in thickness from 6" to 10" min. thickened edge within 12" of adjoining pavement. 26. Detectable Warning Panel, Cast Iron The unit price (SQUARE FEET) for this item shall be full compensation for all materials, work, and equipment necessary to install detectable warning panels to ADA standards, Warning panels shall be painted brick red in color and shall be cast iron manufactured by Neenah Foundry, East Jordan Iron Works, Dynamis (Metadome). Color shall be approved by Engineer prior to installation. Brick red samples shall be submitted for Engineers approval. 27. Standard Curb + Gutter, PCC, 2.0' The unit price for this item (LINEAL FOOT) shall constitute full payment for all labor, material, and equipment to remove and dispose of existing curb and gutter marked in the field and replacement with new curb and gutter using a C -3 mix including a compacted rock subbase, The gutter section shall extend up to 24 inches from the back of curb. Saw cutting, backfilling, seed, mulch, and fertilizer as per section 02900 and clean -up shall be considered incidental to this item. 28. Portland Cement Concrete (PCC) Patch, 8" The unit price for this item (SQUARE YARD) shall constitute full payment for all labor, material, and equipment to saw cut, remove, and dispose of concrete and any unsuitable subbase, recompact existing base, and replace P.C. Concrete to the level and thickness of abutting concrete not less than 8" thick using M-3-mix or M Mix as specified. The use of aggregate ' base will be determined by the Engineer and dictated based on existing subbase conditions. This item will not be paid separately if needed. Doweling will be required as an incidental item to PCC repairs and shall be in accordance with Iowa DOT Standard Road Plan PV -101. Temporary asphalt fillets provided over the surface of base repair if needed shall be considered incidental to this item. 1.5' HMA Base and 1.5" HMA final surfacing placed over patch to match finished surface elevation will be paid separately. Curb installed at the back of patch when needed at edge of roadway shall be paid and measured based on the footprint area (SQUARE YARD) of curb section added beyond the standard sidewalk width. 29. Class A Roadstone Resurfacing, '/ e" The unit price for this item (TON) shall constitute full payment for all labor, material, and equipment to provide, shape, and compact 3/4" Class A Roadstone, within existing roadbeds to repair surface defects prior to chipseal resurfacing. Item quantity may vary and will be dependent on conditions encountered. 30. Modified Subbase The unit price for this item (TON) shall constitute full payment for all labor, material, and equipment to install and compact Modified Subbase at locations as indicated in project plans. 31. Painted Pavement Markings, Waterborne /Solvent Based The unit prices for this items (STATION) will be paid based on the number of stations installed based on a 4 -inch width placed. The payment shall be full compensation for surface preparation, application of waterborne or solvent based markings and beads, and for furnishing all materials, equipment, and labor. Pavement markings shall be in accordance with the Iowa 01025 -6 D.O.T. Standard Specifications 2527 and 4183. 32. Traffic Control The unit price for this item (LUMP SUM) shall constitute full payment for all labor, material, and equipment to install, maintain, and remove all traffic control devices for all divisions of this contract. Item shall include signage and facilities for detour and re- routing of pedestrian facilities during project as needed which may include installation of temporary non -slip walkways or ramps, dependent upon Contractors internal phasing of work. Item shall include signage and facilities for work required for the storm sewer pipe crossing at Seymour Drive and shall be dependent upon the chosen means and methods for installation of the pipe. If this work requires closure of roadway, this item shall include traffic control or signage and facilities for detour and re- routing of vehicle traffic for pipe crossing work on Seymour Drive. If work allows for roadway to remain open under one -way control, the item shall include facilities and signage provisions to protect traffic control during a one lane closure with alternating traffic configuration. Contractor will be required as a part of the project and phasing to provide and remove temporary asphalt fillets along accessible routes to provide traversable surface for vehicles, bicycles and pedestrians crossing through the project work zone. 33. Flaggers The Engineer will count the number of days each flagger was used. For flaggers to be counted: a. The flaggers must be needed and used as part of pre - planned -work that is started that day and is intended to proceed for major part of the day. If used :less than four hours, the flagger will be counted as a half -day. b. Other flaggers must be needed and used for at least one hour during the day, perhaps intermittently, and this must be the primary duty of that employee. If used less than four hours, the flagger will be counted as a half -day. Short time, emergency, or relief assignment of employees to flagging operations will not be counted separately. For the number of days each flagger was used, the Contractor will be paid the predetermined contract unit price per day. 34. Temporary Erosion and Sediment Control The unit price shall (LUMP SUM) be full compensation for furnishing all materials, labor, and equipment necessary to maintain erosion control during construction. Bid item includes maintenance of site erosion according to guidelines provided with the Storm Water Pollution Prevention Plan included with project plans. Contractor will be required to maintain heavy duty (Mulch filled) erosion silt socks on site to prevent migration of saw slurry during removal of pavements. Payment for this item will be made at 50% and 100% of substantial completion. In addition to the SWPPP provided with the project documents, Contractor shall also reference the 'Iowa Construction Site Control Manual' for guidelines and procedures in reducing silt erosion from work locations. 35. Mobilization The unit price for this item (LUMP SUM) includes all costs associated with mobilizing to and from the sites, lodging expenses, temporary restrooms, permits and all other overhead expenses. This item includes all efforts necessary for multiple mobilizations to complete the project. 01025 -7 SECTION 01310 PROGRESS AND SCHEDULES PART 1- GENERAL 1.01 SUMMARY., A. Prepare, submit and update as necessary a schedule of the work. B. Time is of the essence. Minimizing inconvenience, disruption and duration of disruption to residences and businesses is a high priority. Scheduling of work shall be planned with this in mind. 1.02 SUBMITTALS: The Contractor shall submit prior to the Pre - Construction meeting a detailed schedule of the proposed work with the controlling operation identified. The schedule shall include proposed dates and durations of street closings. Work may not begin until the schedule is approved by the Engineer. The Contractor shall submit updated construction schedules at two week intervals throughout the project. PART 2- PRODUCTS None. PART 3 - EXECUTION 3.01 MEETINGS PRIOR TO CONSTRUCTION: A. A Pre- Construction meeting will be held prior to beginning work. 3.02 PROGRESS OF WORK: A. Project phasing and completion C Phase 1 — Wetherby Park work shall begin immediately upon starting contract work and shall be completed by May 17, 2013 • Phase 2 — Complete resurfacing and PCC Replacement starting no earlier than June 10 and completed by August 2, 2013. Chipseal resurfacing may begin concurrently with this work. B. Liquidated Damages Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02A above, plus any extensions thereof allowed in accordance with the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as penalty), Contractor shall pay Owner $500 for each day that expires after the time specified in paragraph 3.02A until the Work is complete and ready for final payment. 01310 -1 2. Separate sums of liquidated damages which will be assessed for each of the conditions described hereinbefore, and they shall be cumulative if multiple conditions have not been satisfied. C. No work shall be done between the hours of 10:00 p.m. and 7:00 a.m. without the approval of the Engineer, with the exception of saw cutting freshly poured concrete. D. Work will proceed in a well organized and continuous manner to minimize the disruption to the general public (both pedestrian and vehicular) and the local businesses and residents. Access to businesses and residences shall be maintained at all times. E. Construction will proceed in phases. The particular phasing sequence shall be discussed and agreed upon prior to any work beginning. Prior to advancing to the next.phase or sub - phase, the existing phase or sub -phase shall be sufficiently complete to allow reopening to the public, as determined by the Engineer. F. Restoration activities such as pavement replacement will follow closely behind the work even if multiple mobilizations are necessary. G. The Contractor will become an active partner with the City in communicating project progress and delays and providing information to concerned residents and businesses as requested. H. Work will be staged to minimize the length of time parking spaces and parking revenue is ... lost. c.? I. Contractor will be responsible for maintaining a safe and accessible work area for vehicles and pedestrians during times when accessibility is being provided or allowed through work area. This responsibility includes installation of temporary pavement as needed to provide a smooth and unobstructed transition in surfaces between pavements of differing elevations. When accessibility is restricted to vehicles or pedestrians during closure of sidewalk or roadway facilities, Contractor shall be responsible for maintaining closure devices. 3.03 COORDINATION WITH UTILITIES AND RAILROADS: 3.04 A. It is anticipated that many utility conflicts will occur which cannot be taken care of ahead of time. The Contractor shall work closely with the utility companies to aid in these relocations to keep the project on schedule. B. The Railroads will provide all labor, materials and equipment for railroad facility removal, excavation, disposal, sub - drainage, ballast, sub - ballast and trackage renewal. C. The Railroads have certain time limitations on when the above mentioned work must take place. It shall be the Contractor's responsibility to coordinate and be available to meet the Railroads' schedule. Any costs associated with train rerouting due to circumstances caused by the Contractor shall be at the expense of the Contractor. STREET AND SIDEWALK CLOSINGS: A. Notify the Engineer four days in advance of street or sidewalk closings so that a press release can be issued and a plan for maintaining accessibility for pedestrians can be discussed and implemented. No street or sidewalk closure will be allowed without the Engineers approval and said notification. 01310 -2 SECTION 01570 TRAFFIC CONTROL AND CONSTRUCTION FACILITIES PART 1-GENERAL 1.01 SUMMARY: A. Furnish, install and maintain traffic control and construction facilities required for the work. Remove when work is completed. 1.02 REFERENCES: A. IDOT Standard Specifications. B. U.S. Department of Transportation Federal Highway Administration "Manual on Uniform Traffic Control Devices for Streets and Highways," 2009 Edition, or current edition. C. Traffic Control Notes on project plans. 1.03 SUBMITTALS: A. Submit a traffic control plan for all activities requiring traffic control not specifically,addressed by the project plans. ; PART 2- PRODUCTS 2.01 MATERIALS: A. Traffic control devices may be new or used, but must meet the requirements of the IDOT Standard Specifications. B. All construction fence shall be new and securely fastened to approved posts and installed as directed by the Engineer. 2.02 EQUIPMENT: A. Portable generators may not be used to power traffic control devices within 300 feet of residential dwellings, including apartments, between the hours of 10:00 p.m. and 7:00 a.m. PART 3 - EXECUTION 101 TECHNIQUES: A. Except as amended in this document, the work in this section will conform with the following divisions and sections of the IDOT Standard Specifications: Division 11. General Requirements and Covenants. Section 1107.09. Barricades and Warning Signs. Division 25. Miscellaneous Construction. Section 2528. Traffic Control. 01570 -1 3.02 NO PARKING SIGNS: A. The City will furnish "NO PARKING' signs to facilitate removal of parked vehicles ahead of scheduled work. The Contractor is responsible for installation and maintenance of the signs 48 hours in advance of when the vehicles must be removed. 3.03 MAINTENANCE OF FACILITIES: A. The Contractor shall monitor the condition of traffic control and construction facilities at all times, including non -work hours. Repair, replace and maintain as necessary. B. Pedestrian access to homes and businesses shall be maintained at all times. Temporary gravel surfaces shall be provided as directed by the Engineer. 3.04 EXCAVATIONS: A. All excavations shall be fenced. 3.05 ADDITIONAL FACILITIES: A. All signs, barricades and fences within and beyond the project area deemed appropriate by the Engineer shall be the responsibility of the Contractor. 01570 -2 SECTION 02050 DEMOLITIONS, REMOVALS AND ABANDONMENTS PART 1 -GENERAL 1.01 SUMMARY: A. Furnish labor, materials, tools and equipment to remove existing paved surfaces as indicated and specified. B. Furnish labor, materials, tools and equipment to remove existing storm sewer pipes, sanitary sewer pipes, intakes, and drainage structures as indicated and specified. 1.02 REFERENCES: A. [DOT Standard Specifications. 1.03 QUALITYASSURANCE: A. Disposal sites shall comply with all applicable Iowa Department of Natural Resources and United States Environmental Protection Agency regulations. B. Comply with all state and local ordinances pertaining to hauling and disposal of rubbish, broken concrete, asphalt, stone, bricks, castings, and other waste or debris resulting from work on the project. 1.04 SUBMITTALS: A. Locations of disposal sites. PART 2- PRODUCTS 2.01 MATERIALS: A. Granular backfill material shall consist of Class A Crushed Stone, IDOT, Standard Specification Section 4120.04 and Section 4109, Gradation No. 11. B. Explosives shall not be used for demolition. PART 3 - EXECUTION 3.01 TECHNIQUES: A. Except as amended in this document, the work in this section will conform with the following divisions and sections of the IDOT Standard Specifications: Division 24. Structures Section 2401. Removal of Existing Structures. Division 25. Miscellaneous Construction. Section 2510. Removal of Old Pavement. Section 2511. Removal and Construction of Portland Cement Concrete Side- walks. 02050 -1 Section 2515. Removal and Construction of Paved Driveways. Section 2516. Removal and Construction of Retaining Walls and Steps. 3.02 INSPECTION. A. Limits of demolition shall be per 3.04 of this section. The Engineer reserves the right to revise demolition limits if required by the nature of construction. 3.03 PROCEDURES: A. Utilities 1. Notify all corporations, companies, individuals and state or local authorities owning pipelines, water lines, gas mains, buried and overhead electric facilities, telephone, cable television, fiber optic, and other public or private utilities shown on the drawings or otherwise known or discovered to be in the project area. 2. When active utilities are encountered, promptly take necessary measures to support and protect said utilities and maintain them in service. 3. If active utilities are damaged or interrupted as a result of work on the project, take appropriate measures to restore service immediately. Restoration of utility services under these circumstances shall be at the Contractor's expense. 4. Active utilities shown on the drawings to be relocated, or which require relocation due to unforeseen circumstances or conditions, shall be relocated in accordance with instructions from the Engineer. Generally, the respective utility owners shall be responsible to perform relocation work for their facilities. The Contractor shall cooperate with these efforts in every reasonable way and shall not be entitled to additional compensation for delays resulting from such relocations. B. Site Protection Measures 1. Refer to Traffic Control Sheets for details. 2, Barricade and fence open excavations or depressions resulting from work during non- working hours and when not working in immediate area. Provide suitable warning devices adjacent to excavations and work areas. 3. Warning devices shall be kept operational during all non - working and non - active periods. C. Site Access Measures Pedestrian access to homes and businesses shall be maintained at all times. Temporary gravel surfaces shall be provided as directed by the Engineer. 2. Contractor shall perform demolition and removal operations so as to maintain vehicular access to adjacent properties and businesses to the maximum extent possible. D. Disposals 1. No material or debris shall be buried within the project work area. All unsuitable 02050 -2 material resulting from demolitions and removals shall be hauled to and disposed of at a Contractor - furnished site approved by the Engineer or to the landfill. The Contractor shall pay the current tipping fee at the landfill. 3.04 DEMOLITIONANDREMOVALS: A. Pavement and Sidewalk Removals 11/00 1. Removal shall be to the limits noted on the plans or as directed by the Engineer. 2. Pavement removal shall include brick, P.C. Concrete, and A.C. Concrete pavements, driveways, alleys, parking lots, and sidewalks. Removal of chip seal or aggregate surfaces is not considered pavement removal. 3. Sawcuts shall be approved by the Engineer. 4. Removal operations shall conform to construction phasing noted on the plans or as directed by the Engineer. B. Sewer Abandonment and Removal 1. Removal shall be at the locations and to the limits noted on the plans or as directed by the Engineer. 2. Backfill under and within 5 feet of paved surfaces shall be Class A crushed stone compacted to 95% Standard Proctor Density. The top 12 inches directly below paved surfaces shall be Class A crushed stone compacted to 98% Standard Proctor Density. Other excavations shall be backfilled with suitable excavated material, compacted to 90% Standard Proctor Density. 3. Sewers to be abandoned, but not removed, shall be filled with an approved non - shrink Plowable mortar and bulkheaded at each end with concrete. 4. Select castings shall be delivered to the pollution control plant at 1000 S. Clinton Street as directed by the Engineer. 02050 -3 SECTION 02100 PART 1- GENERAL 1.01 SUMMARY. 11 A. Furnish labor, material, tools and equipment to prepare site as indicated and specified. 1.02 REFERENCES: A. IDOT Standard Specifications. PART 2- PRODUCTS None. PART 3 - EXECUTION 3.01 TECHNIQUES: A. Except as amended in this document, the work in this section will conform with the following divisions and sections of the IDOT Standard Specifications: Division 21. Earthwork, Subgrades and Subbases. Section 2101. Clearing and Grubbing: Division 25. Miscellaneous Construction. Section 2519. Fence Construction. 3.02 EXISTING TREES, SHRUBS AND VEGETATION: A. All trees, shrubs and vegetation shall remain and be protected from damage unless specifically noted as "REMOVE" or "CLEAR AND GRUB" on the plans or as directed by the Engineer. B. No construction materials and /or equipment are to be stored, piled, or parked within the trees' drip line. C. Contractor is responsible for damage outside the limits of construction, and for trees, shrubs and vegetation not designated for removal. The Contractor's liability for tree and shrub damage will be based on the appraised value, not replacement value, and shall include the cost of appraisal by a qualified arborist. 3.03 EXISTING STRUCTURES AND PROPERTY: A. Remove existing signs and posts within the construction area as directed by the Engineer. All permanent traffic signs will be removed, stored, and replaced by the City of Iowa City. Contractor shall provide 48 hour minimum advance notice for sign removal and for sign replacement. Permanent signs will be replaced prior to concrete pours. B. Move mailboxes to a location approved by the Engineer prior to closing road. Salvage and 02100 -1 store any unique supports for mailboxes. Restore mailboxes and their supports to their prior location and condition when road is reopened. 3.04 EXISTING FENCING: A. Only fencing designated by the Engineer shall be removed. B. Sections of fence removed for construction shall be replaced per the applicable bid item. If not addressed, replace with new materials. 3.05 EXISTING UTILITIES: A. Contact appropriate utility representative to verify the presence and location of buried utilities in the construction area. 3,06 EROSION CONTROL A. Comply with Iowa City Code and Section 02270, Slope Protection and Erosion Control. 11/00 share&.ginee,pm-il02100 Who 02100 -2 SECTION 02220 EARTH EXCAVATION, BACKFILL, FILL AND GRADING PART 1- GENERAL 1.01 SUMMARY: A. Excavating, placing, stabilizing and compacting earth, including trench and rock excavation, addition of borrow and backfill, disposal of excavated material, and topsoil, strip, salvage and spread. 1.02 REFERENCES: A. IDOT Standard Specifications. 1.03 QUALITYASSURANCE: A. Whenever a percentage of compaction is indicated or specified, use percent of maximum density at optimum moisture as determined by ASTM D698 -91, unless noted otherwise. B. Borrow sites and materials shall be approved by the Engineer prior to use. PART 2- PRODUCTS 2.01 MATERIALS: A. Granular backfill material shall consist of Class A Crushed Stone, 'IDOT Standard Specification Section 4120.04 and Section 4109, Gradation No. 11. PART 3 - EXECUTION 3.01 TECHNIQUES: A. Except as amended in this document, the work in this section will conform with the following divisions and sections of the IDOT Standard Specifications: Division 21. Earthwork, Subgrades and Subbases. All sections Division 24. Structures. Section 2402. Excavation for Structures. 3.02 TOPSOIL: A. Strip and stockpile topsoil from lawn, grass, and crop areas for surface restoration and landscaping work. Strip topsoil to a uniform depth to provide sufficient quantity of material for placement of a minimum of 9 inches of topsoil for surface restoration and landscaping. Protect topsoil from mixture with other materials such as aggregate and from erosion. Removal of topsoil from the site is not permitted. 3.03 DRAINAGE AND DEWATERING: 02220 -1 A. Provide and maintain ample means and devices (including spare units kept ready for immediate use in case of breakdowns) to intercept and /or remove promptly and dispose properly of all water entering trenches and other excavations. Keep such excavations dry until the structures, pipes, and appurtenances to be built therein have been completed to such extent that they will not be floated or otherwise damaged. B. Dispose of all pumped or drained water without undue interference to other work, or causing damage to pavements, other surfaces, or property. Provide suitable temporary pipes, flumes, or channels for water that may flow along or across the work site. C. Take all precautions necessary to prevent damage to the work by rain or by water entering the site, whether water entry be overland or by groundwater. 3.04 TRENCH EXCAVATION: A. General Excavate trench by machinery to, or just below, designated subgrade when pipe is to be laid in granular bedding or concrete cradle, provided that material remaining at bottom of trench is only slightly disturbed. 2. Do not excavate lower part of trenches by machinery to subgrade when pipe is to be laid directly on bottom of trench. Remove last of material to be excavated by use of hand tools, just before placing pipe. Hand shape bell holes and form a flat or shaped bottom, true to grade, so that pipe will have a uniform and continuous bearing, Support on firm and undisturbed material between joints, except for limited areas where use of pipe slings have disturbed bottom. B. Protection 1. Barricade and fence open excavations or depressions resulting from work during non - working hours and when not working in immediate area. C. ` ' Trench: Width i. 1. ! I, Make pipe trenches as narrow as practicable and safe. Make every effort to keep sides of trenches firm and undisturbed until backfilling has been completed and consolidated. 2. Excavate trenches with vertical sides between elevation of center of pipe and elevation 1 foot above top of pipe. 3. Refer to plans for allowable trench widths within the pipe envelope for various types, sizes and classes of pipe. D. Trench Excavation in Fill Place fill material to final grade or to a minimum height of 6 feet above top of pipe when pipe is to be laid in embankment or other recently filled areas. Take particular care to ensure maximum consolidation of material under pipe location. Excavate pipe trench as though in undisturbed material. E. Excavation Near Existing Structures Discontinue digging by machinery when excavation approaches pipes, conduits, or other underground structures. Continue excavation by use of hand tools. 02220 -2 F, G. 2. Excavate exploratory pits when location of pipe or other underground structure is necessary for doing work properly. Disposal of Unsuitable Soil 1. The Contractor shall notify the Engineer and Iowa Department of Natural Resources (DNR) if soil contamination is found or suspected during excavation. 2. Soil disposal and remediation method shall be an option outlined in the IDOT Construction Manual Section 10.22, and approved by the Iowa DNR and City. The Contractor is not to proceed with soil removal and remediation measures until instructed by the Engineer. 3. Disposal site to be provided by the Contractor and approved by the Engineer and Iowa DNR. 4. Contractor is responsible for completing and filing all necessary Federal, State and local government agency forms and applications. Care of Vegetation and Property 1. Use excavating machinery and cranes of suitable type and :operate _with care to prevent injury to trees, particularly to overhanging branches and limbs arid underground root systems. 2. All branch, limb, and root cuttings shall be avoided. When required, they shall be performed smoothly and neatly without splitting or crushing. Trim injured portions by use of a chainsaw, or loppers for branches, or an ax when working with roots. Do not leave frayed, crushed, or torn edges on any roots V or larger in diameter or on any branches. Frayed edges shall be trimmed with a utility knife. Do not use tree paint or wound dressing. If conflicts with large roots and branches are anticipated, notify the Engineer. 3. No construction materials and /or equipment are to be stored, piled, or parked within the trees' drip line. 4. Excavators and loaders used on brick surfaces shall be limited to those with rubberized tracks or rubber tires. 5. Do not use or operate tractors, bulldozers, or other equipment on paved surfaces when treads or wheels can cut or damage such surfaces. 6. Restore all surfaces which have been damaged by the Contractor's operations to a condition at least equal to that in which they were found before work commenced. Use suitable materials and methods for restoration. 7. Aerate all grassed and planter areas compacted by construction activities. 8. Utility lines, including drainage tiles, encountered shall be restored in one of the following ways: a. Repair or otherwise reconnect the utility across trench after trench has been backfilled, provided adequate drainage gradient is maintained, if applicable. b. Connect drainage tiles to nearest storm sewer. 02220 -3 The Contractor shall document the location and elevation of any utility lines encountered. The Contractor shall notify the Engineer whenever a utility is encountered and submit the proposed method of restoring the utility for review and approval. All utility repairs shall be made prior to backfilling the trench. H. Water Services 1. Permanent copper water service lines which are damaged (cut, nicked, bent, crimped, crushed, etc.) shall be replaced from the water main to the curb box with new copper service pipe, without any joints. The cost for this work shall be at the Contractor's expense. 2. In any excavation where existing lead or galvanized iron water services are in the excavation or disturbed area, the Contractor shall replace the existing lead or galvanized piping with new 1 -inch or larger copper water service pipe from the water main to the curb box. The Contractor will be paid per the applicable bid item. If there is no bid item, the unit price for the replacement of the water service shall be negotiated prior to commencement of the work. 3. When water service is disrupted, the Contractor shall make a reasonable attempt to restore the service within two hours. 4. Water service pipe shall be type k soft copper. 3.05 ROCK EXCAVATION: A. Rock excavation will be considered Class 12 Excavation as defined in IDOT Standard Specification Section 2102.02. B. Explosives shall not be used for rock excavation. 3.06 BACKFILLINf3: A. General 1. Do not place frozen materials in backfill or place backfill upon frozen material. Remove previously frozen material or treat as required before new backfill is placed. B. Backfilling Excavations 1, Begin backfilling as soon as practicable and proceed until complete. 2. Material and Compaction c a. All areas shall be backfilled with Class A crushed stone placed in one foot lifts compacted to 95% Standard Proctor Density. The top 12 inches directly below paved surfaces shall be Class A crushed stone compacted to 98% Standard Proctor Density. If under pavement, backfill to bottom of the subgrade. If not under pavement, backfill to within 12 inches of finished surface. b. Do not place stone or rock fragment larger than 2 inches within 2 feet of 02220 -4 pipe nor larger than 12 inches in backfill. Do not drop large masses of backfill material into trench. C. Backfilling Around Structures 1. Do not place backfill against or on structures until they have attained sufficient strength to support the loads, including construction loads, to which they will be subjected. Avoid unequal soil pressure by depositing material evenly around structure. 2. Backfill shall consist of Class A crushed stone placed in one foot lifts compacted to 95% Standard Proctor Density unless otherwise indicated or specified. 3.07 UNAUTHORIZED EXCAVATION: A. When the bottom of any excavation is taken out beyond the limits indicated or specified, backfill, at Contractor's expense, with Class A crushed stone compacted to 95% Standard Proctor Density. 11/00 shared lengineerlspec - Ii\02220.doo 02220 -5 SECTION 02270 SLOPE PROTECTION AND EROSION CONTROL PART1- GENERAL 1.01 SUMMARY: A. Placement of silt fence, erosion control mat, engineering fabric, revetment stone, and erosion stone. 1.02 REFERENCES: A. IDOT Standard Specifications, B. Iowa Department of Transportation Highway Division "Standard Road Plans Manuel ", latest edition. 1.03 QUALITY ASSURANCE. A. Revetment stone and erosion stone shall meet the abrasion and durability requirements of Section 4130 of the IDOT Standard Specifications. B. Engineering Fabrics (geotextile) shall be of a non -woven material and conform to the requirements of IDOT Engineering Fabric for Embankment Erosion Control. 1.04 STORAGE: A. Prior to use, geotextile shall be stored in a clean dry place, out of direct sunlight; not subject to extremes of either hot or cold, and with the manufacturer's protective cover in place. Receiving, storage, and handling at the job site shall be in accordance with the requirements in ASTM D 4873. PART 2- PRODUCTS 2.01 MATERIALS: A. Except as amended in this document, the materials in this section will conform with the following divisions and sections of the IDOT Standard Specifications: Division 41, Construction Materials. Section 4130. Revetment Stone and Erosion Stone. Section 4169. Erosion Control Materials. Section 4196. Engineering Fabrics. 02270 -1 PART 3 - EXECUTION 3.01 TECHNIQUES: A. Except as amended in this document, the work in this section will conform with the following divisions and sections of the IDOT Standard Specifications: Division 25. Miscellaneous Construction. Section 2507. Concrete & Stone Revetment. and the following IDOT Standard Road Plans: RC -5 Wood Excelsior Mat RC -16 Silt Fence 3.02 SCHEDULE: A. Silt fence shall be installed at locations indicated on the plans immediately upon completion of grading. Wood excelsior mat shall be placed and staked in seeded areas of swales immediately following seeding. 3.03 GEOTEXTILE: A. Surface Preparation 1. The surface on which the geotextile is to be placed will be graded to the neat lines and grades as shown on the plans. The surface will be reasonably smooth and free of loose rock and clods, holes, depressions, projections, muddy conditions and standing or flowing water. B. Placement 1. Prior to placement of the geotextile, the soil surface will be inspected for quality of design and construction. The geotextile will be placed on the approved surface at the locations and in accordance with the details shown on the plans. The geotextile will be unrolled along the placement area and loosely laid (not stretched) in such a manner that it will conform to the surface irregularities when material is placed on or against it. The geotextile may be folded and overlapped to permit proper placement in the designated area. 2. The geotextile will be joined by overlapping a minimum of 18 inches (unless otherwise specified on the plans or by the manufacturer), and secured against the underlying foundation material. Securing pins, approved and provided by the geotextile manufacturer, shall be placed along the edge of the panel or roll material to adequately hold it in place during installation. Pins will be steel or fiberglass formed as a "U ", "L ", or 'T" shape or contain "ears" to prevent total penetration. -Steel washers will be provided on all but the "U" shaped pins. The upstream or up- slope line will be inserted through both layers along a line through approximately the midpoint of the overlap. At horizontal laps and across slope laps, securing pins will be inserted through the bottom layer only. Securing pins will be placed along a line approximately 2 inches in from the edge of the placed geotextile at intervals not to exceed 12 feet unless otherwise specified. Additional pins will be installed as necessary and where appropriate, to prevent slippage or movement of the geotextile. The use of securing pins will be held to the minimum necessary. Pins are to be left in place unless otherwise specified. 3. Should the geotextile be torn or punctured, or the overlaps disturbed, as evidenced 02270 -2 by visible damage, subgrade pumping, intrusion, or grade distortion, the backfill around the damaged or displaced area will be removed and restored to the original approved condition. The repair will consist of a patch of the same type of geotextile being used, overlapping the existing geotextile. Geotextile panels joined by overlap will have the patch extend a minimum of 2 feet from the edge of any damaged area. 4. The geotextile will not be placed until it can be anchored and protected with the specified covering within 48 hours or protected from exposure to ultraviolet light. In no case will material be dropped on uncovered geotextile from a height greater than 3 feet. 02270 -3 SECTION 02510 HOT MIX ASPHALT PAVING, BITUMINOUS SEAT COAT AND MILLING, PART 1- GENERAL 1.01 SUMMARY.• A. Furnish labor, materials, tools and equipment to prepare, shape, trim and compact subgrades to receive Hot Mix Asphalt paving. B. Furnish labor, materials, tools and equipment to place and compact Hot Mix Asphalt paving. C. Seal Coat. 1.02 REFERENCES: A. IDOT Standard Specifications. B. IDOT Supplement Specification 01014. 1.03 QUALITYASSURANCE.. A. Use adequate numbers of skilled workers who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the work in this section. B. Quality testing: 1. As per 2012 Iowa DOT Standard Specifications section 2303. PART2- PRODUCTS 2.01 MATERIALS: A. Except as amended in this document, the materials in this section will conform with the following divisions and sections of the [DOT Standard Specifications: Division 23, Surface Courses. SS -01014 Hot Mix Asphalt Mixtures. Division 41. Construction Materials. Section 4126. Type B Aggregate for Hot Mix Asphalt. Section 4127. Type A Aggregate for Hot Mix Asphalt, Section 4137. Asphalt Binder. PART 3 - EXECUTION 3.01 TECHNIQUES: A. Except as amended in this document, the work in this section will conform with the following divisions and sections of the IDOT Standard Specifications: 02510 -1 Division 21. Earthwork, Subgrades and Subbases Section 2122. Paved Shoulders. Division 22. Base Courses. Section 2203. Hot Mix Asphalt Bases. Section 2212. Base Cleaning and Repair. Section 2213. Base Widening. Division 23. Surface Courses. SS -01014 Hot Mix Asphalt Mixtures. Section 2307. Bituminous Seal Coat. Section 2316. Pavement Smoothness Division 25. Miscellaneous Construction Section 2529. Full Depth Finish Patches. Section 2530. Partial Depth Finish Patches. 3.02 OPENING TO TRAFFIC: A. Opening to traffic, including Contractor's vehicles, will not be permitted until the pavement or surface treatment has cured sufficiently to prevent damage as determined by the Engineer. B. Opening to traffic shall not constitute final acceptance. 3.03 COMPLETION OF WORK: A. When traffic is allowed upon the pavement, the Contractor shall begin remaining work and clean up. All streets shall be finished and opened to the public as soon as practicable. 3.04 AREAS TO BE OVERLAYED: A. Division I - Iowa City Streets - Asphalt Overlay NAME LIMITS Clark Street Court Street to Sheridan Avenue Seymour Street Clark Street to Oakland Avenue Court Street Summit Street to Muscatine Avenue 3.05 PAVEMENT MILLING A. All existing asphalt pavement shall be milled to the elevation of the original pavement across the full width of the pavement. B. Except as noted herein, all asphalt millings remain the property of the City and will be delivered to the Iowa City Landfill located on Hebl Ave. Pavement millings needed to construct temporary fillets shall be placed at all vertical edges to facilitate traffic. C. Pavement milling shall occur no sooner than ten (10) working days prior to overlay. The exception to this would be if after removal of the old asphalt overlay, the existing surface could no longer support prolonged traffic, then the contractor would be required to place the leveling course immediately following milling and cleaning. 02510 -2 D. A header joint shall be milled at full paving width at transitions where new Hot Mix Asphalt Paving abuts any existing Portland Cement Concrete Paving. The PCC paving shall be milled at a depth of no less than two (3) inches over a paving length of 8 feet, This milling shall be considered incidental to the Cleaning and Preparation of Base item. 3.06 CLEANING AND PREPARATION OF BASE A. The Contractor shall be responsible for cleaning all surfaces prior to operation. All loose material shall be removed from the surface and cracks by brooming or air blowing. The City's street sweeping crew and equipment will be available to aid the Contractor with sweeping operations prior to cleaning each street.on a one -time basis only. Any subsequent sweeping required will be at the Contractor's expense. 3.07 AGGREGATES A. Type. 1. Type B aggregates shall be used in base mixtures. 2, Type A aggregates shall be used in intermediate and surface mixtures., B. Gradation. 1. A'/ -inch mix shall be used on all streets and all divisions of this project. c> 3.08 ADJUSTING STRUCTURES A. The Contractor shall adjust all existing manhole rings, valve boxes, catch basins, etc. within the existing pavement. This will include not only structures that need to be adjusted up but also those structures that need to be adjusted down, such as in the areas of full -depth grinding, The leveling course will be placed over the structure. The material over the casting will be removed and the casting will be adjusted to 'W below the final finished grade. The street surface course will then be placed. New castings to replace old will be provided by the City to be installed by the Contractor where deemed necessary by the Engineer; however, the cost of any damage caused by the Contractor will be deducted from the Contractor's final payment. Adjustment to final grade may be accomplished by raising the casting, bricking and grouting under the casting or concrete adjustment rings. Any removal of existing pavement around the structures must be saw cut. No other methods shall be used unless authorized by the Engineer, The gas and water companies will furnish the necessary adjustment rings to the Contractor at no charge to adjust valve boxes. 3.09 ASPHALT BINDER A. SURFACE COARSE - Asphalt binder shall be PG 64 -22 B. LEVELING (BASE) COARSE - Asphalt binder shall be PG 58 -28 3.10 EXISTING STREET SURFACES A. Where the proposed asphalt overlay meets an existing asphalt street surface, the existing surface shall be sawed and removed or milled as directed by the Engineer so that a clean, smooth and durable joint will be made between existing and proposed surfacing. 3.11 ASPHALT CEMENT CONCRETE REPAIR A. Asphalt concrete repair shall consist of removing the existing asphalt overlay, brick or any other material, and any unsuitable subbase; replacing subbase as necessary; compacting subbase; placing and compacting full -depth asphalt to the level of surrounding brick or asphalt. Multiple lifts 02510 -3 may be necessary. Bricks removed for subbase or base repair shall be cleaned and delivered to the Iowa City Street Department located at 3800 Napoleon Lane. 3.12 HOT MIX ASPHALT PLACEMENT A. Lifts 1. 1%" depth intermediate course followed by a 1'/z' depth surface course. B. Compaction 1. Class 1 B compaction shall be used on all streets and divisions of this project. 3.13 BITUMINOUS SEAL COAT AND SURFACE TREATMENT WORK: A. Work shall conform to Standard Specification Section 2307 unless specified otherwise in this document. Cover aggregate shall be %" Gradation 21. Bituminous material shall be MC -3000. Primer shall be MC -70. 3.14 STREETS TO BE SEAL COATED: A. Division I - Iowa City Streets - Asphalt Overlay NAME LIMITS Gilbert Court RR to Benton St. Hickory Hill Park ITrall Section 1.15 PAVEMENT SMOOTHNESS: A. Pavement Smoothness shall meet the requirements of Section 2316 of the Iowa Department of Transportation Standard Specifications for Highway and Bridge Construction. The pavement smoothness shall be determined by Schedule B of the Pavement Charts. Profilograph testing and evaluation will be preformed by the Owner. The Section 2316.08 for Payment shall not apply to this project; there will be no smoothness incentive payment 02510 -4 SECTION 02520 PORTLAND CEMENT CONCRETE PAVING PART 1- GENERAL 1.01 SUMMARY: A. Furnish labor, materials, tools and equipment to prepare, install, shape, trim and compact subgrades to receive Portland Cement Concrete paving. B. Furnish labor, materials, tools and equipment to form, place, reinforce, finish, joint and cure Portland Cement Concrete roadways, parking area slabs, driveways, and sidewalks at the locations and grades noted on the plans. 1.02 REFERENCES: A. IDOT Standard Specifications. 1.03 QUALITYASSURANCE: A. Use adequate numbers of skilled workers who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the work in this section. B. Quality testing: 1. Compressive Strength Tests. 2. 3. 4. PART 2- PRODUCTS Entrained Air. Slump. Density Tests of Base and Subgrade. 2.01 MATERIALS: A. Concrete shall consist of Class C mix. Except as amended in this document, the materials in this section will conform with the following divisions and sections of the IDOT Standard Specifications: Division 41. Construction Materials. Sections 4101 through 4122. B. Aggregate durability class for all Portland Cement Concrete paving shall be Class 3. 02520 -1 PART 3 - EXECUTION 3.01 TECHNIQUES: A. Except as amended in this document, the work in this section will conform with the following divisions and sections of the [DOT Standard Specifications: Division 21. Earthwork, Subgrades and Subbases. Section 2111. Granular Subbase, Division 22. Base Courses. Section 2201. Portland Cement Concrete Base, Section 2212. Base Repair. Section 2213. Base Widening. Division 23. Surface Courses. Section 2301. Portland Cement Concrete Pavement. Section 2302. Portland Cement Concrete Pavement Widening, Section 2310. Bonded Portland Cement Concrete Overlay. Section 2316. Pavement Smoothness. Division 25. Miscellaneous Construction. Section 2512. Portland Cement Concrete Curb and Gutter. Section 2515. Removal and Construction of Paved Driveways. Section 2517. Concrete Header Slab. Section 2529. Full Depth Finish Patches. Section 2530. Partial Depth Finish Patches, 3.02 CURING AND PROTECTION OF PAVEMENT: A. Curing compound shall be applied immediately following finishing of the concrete, including back of curb. 3.03 ENVIRONMENTAL REQUIREMENTS: A. When concrete is being placed in cold weather and temperatures may be expected to drop below 35 °F, the following requirements must be met for concrete less than 36 hours old: 24 Hour Temperature Forecast Covering Minimum 35 -32° F One layer plastic or burlap. Minimum 31 -25° F One layer plastic and one layer burlap or two layers burlap. Below 25° F Commercial insulating material approved by the Engineer. B. Concrete shall be protected from freezing temperatures until it is at least five days old. C. Concrete damaged by cold weather shall be removed and replaced at the Contractor's expense. D. Maximum allowable concrete temperature shall be 90° F. E. If concrete is placed when the temperature of the concrete could exceed 90° F, the Contractor shall employ effective means, such as precooling of aggregates and /or mixing water, as necessary to maintain the temperature of the concrete as it is placed below 90° F. 02520 -2 3.04 OPENING TO TRAFFIC: A. Opening to traffic, including Contractor's vehicles, will not be permitted until the compressive strength of 6" dia. x 12" cylinders is at least 3,000 lb. per square inch. B. All joints in the pavement shall be cleaned and sealed prior to opening the street(s) to traffic of any kind. C. Opening to traffic shall not constitute final acceptance. 3.05 COMPLETION OF WORK: A. When traffic is allowed upon the pavement, the Contractor shall begin remaining work and clean up. All streets and sidewalks shall be finished and opened to the public as soon as practicable. B. Contractor shall notify the Engineer if weather conditions make it difficult to use Class M concrete, when specified. 11 /00 shuedcengincedspecs- ii102520.dw 02520 -3 SECTION 02524 CURB RAMPS PART 1 -GENERAL 1.01 SUMMARY: A. Construct sidewalk curb ramps to meet ADA specifications. 1.02 REFERENCES: A. Americans with Disabilities Act (ADA): Accessibility Guidelines for Buildings and Facilities. B. City of Iowa City Design Standards. C. Iowa DOT Design Manual, Chapter 12: Sidewalks and Bicycle Facilities D. ASTM C309 — Liquid Membrane Forming Compounds for Curing Concrete. E. Figures section of specifications. 1.03 QUALITYASSURANCE: A. Use adequate number of skilled workers who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of curb ramp construction. B. Slope measurements. Newly constructed curb ramps and sidewalks not meeting the slope requirements will be, at the Engineer's discretion, removed and replaced at the Contractor's expense. 1.04 SUBMITTALS: A. Comply with Section 01310. B. Comply with Section 02520. 1.05 DELIVERY, STORAGE AND HANDLING: A. Deliver material in unopened containers with labels identifying contents attached. 1.06 PROJECT CONDITIONS: A. Comply with ACI requirements for cold and hot - weather concrete work. B. Pre - Installation Meeting PART2- PRODUCTS 2.01 MATERIALS: A. Concrete: Reference Section 2520. B. Water: Fresh, clean and potable. 02524 -1 C. Tactile / Detectable Warning Surface Tile 1. Color: Brick Red Color shall be homogeneous throughout the tile. 2. Dimensions: Length and Width: 24" x 48" nominal or width of sidewalk Depth: 1.400" +l- 5% max. Face Thickness: 0.1875 +/- 5% max. Warpage of Edge: +/- 0.5% max. 3. Cast iron tiles shall be Neenah, East Jordan, Dynamis or approved equal.'., PART 3 - EXECUTION 3.01 TECHNIQUES: A. Except as amended in this document, the work in this section will conform with Iowa DOT Design Manual, Chapter 12: Sidewalks and Bicycle Facilities and the following sections of the Americans with Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities. Section 4. Accessible Elements and Spaces: Scope and Technical Re- quirements Section 14. Public Rights -of -Way 3.02 SLOPES: A. Cross slope refers to the slope that is perpendicular to the direction of travel. Running slope refers to the slope that is parallel to the direction of travel. B. Curb ramp cross slopes should be no greater than 1:48 or 2% to a level plane. C. Curb ramp running slopes should be no greater than 1:12 or 8.33% to a level plane unless existing conditions do not permit and layout is approved by the Engineer. Curb ramp running slope should be no less that 1:48 or 2.0% to a level plane. 3.03 PORTLAND CEMENT CONCRETE THICKNESS: A. 6 -inch thick P.C.C. will be placed as indicated on project plans. B. 4 -inch thick P.C.C. will begin 4 feet off back of curb adjacent to a 6 or 8 -inch P.C.C. section, unless otherwise specified by the Engineer. 3.04 WIDTHS: A. Curb ramps widths may vary at the street back of curb and through the area of truncated domes. If necessary, transition width of ramps after truncated domes to match existing sidewalk for continuity. The minimum allowable width for curb ramps is 4 feet. Four -foot or matching widths are clear widths and do not include the flared sides or curved sides of a curb ramp. 3.05 CURB RAMPS GEOMETRICS: 02524 -2 A. Different curb ramp types are shown in the plans. This project may include these or other curb ramp types not shown. Existing site conditions may require that alterations be made to proposed curb ramp design in order to provide a "best -fit'. Quantity changes due to these alterations will be paid for per the unit price quoted on the Form of Proposal. B. The 6 -inch curb bordering the curb ramp will be paid separately in the Form of Proposal estimated quantities. 3.06 TEXTURED SURFACE: A. All sidewalk curb ramps designated by the Engineer or plan drawings shall be constructed with truncated domes conforming to ADA specifications. B. Detectable warning surfaces shall extend 24 inches in the direction of travel and the full width of the curb ramp. C. Detectable warning surfaces should be located so that the edge nearest the street is at the back of curb line. 3.07 INSPECTION: A. Verify that subgrade is installed according to specifications and is free of conditions that could be detrimental to performance of colored concrete. 3.08 LOCATIONS: A. Curb ramps are to be located directly across a street, alley or driveway from another existing or proposed curb ramp or sidewalk unless existing site conditions prevent this or are otherwise specified by the Engineer. 3.09 INSTALLATION: A. Concrete: Place and screed to required elevations as specified in Section 02520. B. Apply truncated domes per manufacturer's specifications. C. Protect concrete from premature drying, excessive hot or cold temperature and damage. D. Curing Compound: Apply per manufacturer's guide for rate and method. c� 02524 -3 SECTION 02700 SEWERS PART 1 -GENERAL 1.01 SUMMARY: A. Construction of piping and structures for the collection and transmission of wastewater and storm water. 1.02 REFERENCES: A. Reinforced Concrete Pipe - For Sanitary and Storm Sewers 1. ASTM C76, latest edition, Standard Specification for Reinforced Concrete Culvert, Storm Drain and Sewer Pipe, 2, ASTM C443, latest edition, Standard Specification for Joints for Circular Concrete Culvert and Sewer Pipe, Using Rubber Gaskets. 3. ASTM C361, latest edition, Standard Specification for Reinforced Concrete Low - Head Pressure Pipe. B. Reinforced Concrete Arch Pipe - For Storm Sewers 1. ASTM C506, latest edition, Specification for Reinforced Concrete Arch Culvert, Storm Drain and Sewer Pipe. C. Vitrified Clay Pipe 1. ASTM C700, latest edition, Standard Specification for Vitrified -Clay Pipe, Extra Strength, Standard Strength, and Perforated. 2. ASTM C425, latest edition, Standard Specification for Compression Joints for Vitrified -Clay Pipe and Fittings. D. Ductile Iron Pipe 1. ANSI /AWWA- A21.5/C151, latest edition, Ductile -Iron Pipe, Centrifugally Cast in Metal Molds or Sand -Lined Molds, for Water or Other Liquids. 2. ANSI /AWWA- A21.50/C150, latest edition, Thickness Design of Ductile -Iron Pipe. 3. ANSI /AWWA- A21.53/C153, latest edition, Ductile -Iron Compact Fittings, 3 in. through 16 in., for Water and Other Liquids. 4. ANSI /AWWA- A21.11/C111, latest edition, Rubber - Gasket Joints for Ductile -Iron Pipe and Gray -Iron Pressure Pipe and Fittings. 5. ANSI /AWWA- A21.4/C104, latest edition, Cement -Mortar Lining for Ductile -Iron Pipe and Fittings for Water. 02700 -1 E. Poly Vinyl Chloride (PVC) Pipe — For Sanitary Sewer Service Lines 1. ASTM D1784, latest edition, Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly(Vinyl Chloride) (CPVC) Compounds 2. ASTM D2321, latest edition, Recommended Practice for Underground Installation of Flexible Thermoplastic Sewer Pipe. 3. ASTM D2729, latest edition, PVC Sewer Pipe and Fittings 4. ASTM D3034, latest edition, Standard Specification for Type PSM Poly(Vinyl Chloride) (PVC) Sewer Pipe and Fittings 5. ASTM D3212, latest edition, Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals F. PVC Truss Pipe — For Sanitary Sewers 1. ASTM D1784, latest edition, Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly(Vinyl Chloride) (CPVC) Compounds 2. ASTM D2321, latest edition, Recommended Practiice for Underground Installation of Flexible Thermoplastic Sewer Pipe. 3. ASTM D2680, latest edition, Standard Specification for Acrylonitrile-Butadiene- Styrene (ABS) and Poly(Vinyl Chloride) (PVC) Composite Sewer Piping 4. ASTM F477, latest edition, Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe G. Manholes 1. ASTM C478, latest edition, Standard Specification for Precast Reinforced Concrete Manhole Sections. H. Intake Structures 1. IDOT Standard Specifications. 2. Iowa Department of Transportation Highway Division "Standard Road Plans Manual ", latest edition. 1.03 QUALITYASSURANCE: A. All products will meet or exceed the minimum standards specified in the applicable references listed in the previous subsection. B. All suppliers of reinforced concrete pipe and manholes must be certified by the Iowa Department of Transportation. C. Reinforced concrete pipe shall be manufactured by such means to minimize cage twist. Pipe displaying cage twist in excess of 30 degrees, as demonstrated by the form seam, will be rejected. D. Details of gasket installation and joint assembly are subject to acceptance by the Engineer. E. All materials judged to be of poor quality will be marked by the Engineer and promptly removed from the site by the Contractor and replaced with new. 02700 -2 F. All pipe must pass the leakage tests specified in Part 3 of this section. 1.04 SUBMITTALS: A. Concrete Pipe: Submit current Iowa Department of Transportation certification. B. Vitrified -Clay Pipe: Submit shop drawings of gasket installation and joint assembly. C. Shoring: Submit plans for all shoring, excluding trench boxes, certified by a professional engineer registered in the State of Iowa. This submittal will not be reviewed for structural adequacy by the City. PART2- PRODUCTS fr_ 2.01 MATERIALS: A. Reinforced Concrete Pipe - For Sanitary and Storm Sewers 1. Joints: All joints will be confined O -ring gasket meeting ASTM 6443 or'AS,TM C361, as specified. All pipe 36 -inch diameter and smaller will have 6611 and spigot joints. Pipe larger than 36 -inch diameter may have tongue and groove joints. 2. Wall Thickness: Minimum wall thickness will be B -wall as defined in`ASTM C76 or Class C25 as defined in ASTM C361. 3, Pipe Strength: Pipe strength shall be as specified on the plans. If not specified, the minimum pipe strength shall be Class III as defined in ASTM C76 or as defined in ASTM C361. 4. Pipe Markings: All pipe shall be marked with the date of manufacture and ASTM class. If quadrant reinforcement is used, the top shall be marked on the outside of the pipe. 5. Lift holes are not allowed. 6. Minimum Bedding — Type B per ASTM C 12 with compacted granular material to the springline of the pipe. B. Reinforced Concrete Pipe - For Storm Sewers 1. Joints a. Circular pipe: All joints will be confined O -ring or profile gasket meeting ASTM C443. All pipe 36 -inch diameter and smaller will have bell and spigot joints. Pipe larger than 36 -inch diameter may have tongue and groove joints. b. Arch pipe: All joints will be sealed with mastic butyl rubber -based sealant meeting the requirements of AASHTO M198 -75, Type "B ". Wrap exterior of each joint with engineering fabric. 2. Wall Thickness a. Circular pipe: Minimum wall thickness will be B -wall as defined in ASTM C76. b. Arch pipe: Minimum wall thickness as defined for in ASTM C506. 3. Pipe Strength 02700 -3 a. Circular pipe: Pipe strength shall be as specified on the plans. If not specified, the minimum pipe strength shall be Class III as defined in ASTM C76. b. Arch pipe: Pipe strength shall be as specified on the plans. If not specified, the minimum pipe strength shall be Class III A as defined in ASTM C506. 4. Pipe Markings: All pipe shall be marked with the date of manufacture and ASTM class. If quadrant reinforcement is used, the top shall be marked on the outside of the pipe. 5. Lift holes are not allowed. 6. Minimum Bedding — Type B per ASTM C 12 with compacted granular material to the springline of the pipe. C. Vitrified Clay Pipe 1. Joints: Shop drawing of gasket installation and joint assembly, subject to approval of the Engineer. 2. All pipe shall be "extra strength" as defined by ASTM C700. 3. Minimum Bedding — Type B per ASTM C12 with compacted granular material to the springline of the pipe. D. Ductile Iron Pipe 1. Joints: Use push on joints unless otherwise specified on the plans. 2. Thickness: Unless otherwise indicated or specified, use Class 52. 3. Lining and Coating: a. Inside of pipe and fittings: Double thickness cement lining and bituminous seal coat conforming to ANSI A21 A. b. Outside of pipe and fittings: Standard bituminous coating conforming to appropriate ANSI. 4. Minimum Bedding — Type 5 per ANSI /AWWA C150/A21.50 with compacted granular material to the springline of the pipe. E. PVC Truss Pipe — For Sanitary Sewers 1. All PVC truss pipe shall be made of PVC compound having a minimum cell classification of 12454 as defined in ASTM D1784. 2. Joints: Gaskets shall comply with all requirements in ASTM F477 and F913. Joint shall meet the requirements of ASTM D 2680 and ASTM D3212. 3. Pipe shall have a minimum pipe stiffness of 200 psi at 5% deflection. 4. Minimum Bedding — Crushed stone encasement to the top of the pipe. The minimum bedding depth shall be as specified on the plans. If not specified, the minimum bedding depth shall be 4" below the pipe. 02700 -4 F. Poly Vinyl Chloride (PVC) Pipe — For Sanitary Sewer Service Lines All PVC pipe shall be manufactured in accordance with ASTM D3034. 2. Joints: ASTM D3212 gasketed. 3. All 4" and 6" services shall be SDR 23.5. 4. Minimum Bedding — Crushed stone encasement to 6" above pipe, The minimum bedding depth shall be as specified on the plans. If not specified, the minimum bedding depth shall be 4" below the pipe. G. Corrugated Plastic Pipe for Subsurface Drainage Corrugated PVC with a smooth interior wall shall meet the standards of ASTM F949 and be constructed of resins meeting the requirements of ASTM D1784, cell class 12454B. 2. Corrugated HDPE with a smooth interior wall shall meet the standards of AASHTO M -252 and M -294. 3. Minimum Bedding — Drainable stone encasement to 6" above pipe. H. Manholes 1. Joints: All joints will be confined O -ring or profile gasket meeting ASTM C443. 2. No lift holes through the entire wall. 3. Mark date of manufacture. 4. Inverts: Precast and cast -in -place inverts must provide a channel at.least one -half the depth of the pipe and match the full cross - sectional aj'ea of1he pipe. All junctions and changes in directions of inverts shall be smooth and Founded to the maximum extent possible to supplement flow through the manholes. 5. All manholes are 4 -foot diameter unless noted otherwise. 6. Manhole frame and lid to be Neenah R -1670, self - sealing, East Jordan 1117, self - sealing or approved equal. If in paved area, casting shall also be non - rocking. 7. Manholes in paving shall have an interior Cretex chimney seal (or approved equal) that spans from the casting to the cone section. Bedding: 1. Granular bedding material shall consist of porous backfill material, IDOT Standard Specification Section 4131 and Section 4109, Gradation No. 29. PART 3 - EXECUTION 3.01 INSTALLATION OF PIPE: A. Inspect before installation. Remove and replace defective sections. B. Alignment and Grade 02700 -5 RXION 1. Install to line and grade indicated on plans using laser and check elevation as required to maintain grade. 2. Driving down to grade by striking or with excessive force from excavating equipment is not allowed. 3. Blocking the pipe to grade with wood, stones or other materials is not allowed C. Bedding 1. Support on compacted granular bedding material using the type of bedding specified on the plans. If no bedding is specified, use the minimum bedding specified in Part 2 of these specifications. 2. Place bedding material to ensure that there are no voids under or alongside the length of the pipe. Slice with shovel to remove voids. Compact with pneumatic equipment. 3. Hand shape bell holes so that only pipe barrel receives bearing pressure. D. Connections 1. A -LOK shall be used for all sanitary sewer connections to manholes unless approved by the Engineer. 2. ,. - Subdrains shall be connected to storm sewer intakes and manholes using MOT standard intake outlet detail RF -19C. CMP outlet shall be used unless approved by the Engineer. E. Jointing 1. Clean and lubricate all joints prior to assembly. 2. Join per manufacturer's recommendations. 3. Suitable couplings shall be used forjointing dissimilar materials. F. Backfill as specified in Section 02220. G. Clean pipeline upon completion. H. Tolerances 1. Any deviation in a sewer pipes section more than 1/8 inch per foot of pipe diameter from the horizontal or vertical alignment, as established by the Engineer, will not be allowed; and all sewer laid incorrectly, as determined by the Engineer, must be relaid at the Contractor's expense. This tolerance in grade will be allowed only if the sewer is designed at a slope sufficient to prevent backfall when its limits are reached. Under no condition will a sewer be accepted when one or more pipe lengths have been installed without "fall ". 2. The completed sewer must be laid so nearly in a perfect line that an ordinary electric lantern held at center of the sewer at a manhole may be wholly visible to the eye at the level of the sewer at the next manhole. 3. Sags and reverse slope on gravity pipe is prohibited. Remove and relay pipe to proper grade. TESTING OF PIPE. 02700 -6 A. Lamp all pipe to visually inspect for defects and debris. B. Leakage Tests: Perform leakage tests on all sanitary sewers as follows: 1. Perform after completion of backfill. 2. Perform after groundwater has returned to normal level. 3. Furnish test plugs, water pumps, appurtenances, and labor. Install bulkheads for testing and weirs for measurement as necessary. Groundwater elevation from observation wells or excavations are subject to acceptance by the Engineer. a. If groundwater is more than two foot above top of pipe at upper end, conduct infiltration or low- pressure air tests. If maximum pressure exerted by groundwater is greater than 4 psig, conduct infiltration test. b. If groundwater is less than two foot above top of pipe at upper end, conduct exfiltration or low- pressure air tests. G. If pipe is larger than 27 -inch, air test is not allowed. 4. Exfiltration or infiltration test performed on sections of approved length (maximum -mile for sewers) and before connection to buildings. Low - pressure air tests performed on manhole -to- manhole sections of pipeline. 5. Low - pressure air test: a. Equipment (1) Designed for testing sewers using low- pressure air. (2) Provide air regulator or safety valve so air pressur&'does not exceed 8 psig. (3) All air through single control panel. b. Procedure (1) Perform from manhole -to- manhole after backfill. (2) Place pneumatic plugs: (a) sealing length: equal to or greater than pipe diameter, (b) capable of resisting internal test pressure without external bracing or blocking. (3) Introduce low- pressure air into sealed line and achieve internal air pressure 4 psig greater than maximum pressure exerted by groundwater above pipe invert. (4) Limit internal pressure in sealed line below 8 psig. (5) Allow two minutes minimum for air pressure to stabilize. Disconnect low- pressure air hose from control panel. (6) Acceptable Test Result: (a) Minimum time for pressure to drop from 3.5 to 2.5 psig greater than maximum pressure exerted by ground water above pipe invert. 02700 -7 Pipe diameter Time in in inches Minutes 4 2.0 6 3.0 8 4.0 10 5.0 12 5.5 15 7.5 18 8.5 21 10.0 - 24 11.5 27 13.0 (b) Minimum allowable time for sewers with more than one size of pipe: based on largest diameter reduced by 0.5 min. (c) If groundwater level at time of testing is above the sewer, air pressure shall be increased 0.43 psig for each foot the groundwater is above the flow line of the pipe. C. If pressure drop exceeds 1.0 psig during the test period, the test shall be considered to have failed. Locate and repair leaks and retest as required. 6. Infiltration Test a. Dewater and conduct test for at least 24 hours. b. Locate and repair leaks, and retest as required. C. Allowable infiltration, including manholes, fittings, and connections: maximum 200 gallons per inch diameter per mile per 24 hours. 7. Exfiltration Test a. Subject sewers to internal pressure by: (1) plugging the inlet of the upstream and downstream manholes, (2) filling sewer and upstream manhole with clean water until the water elevation in the manhole is two feet above top of sewer, or two feet above the existing ground water in the trench, whichever is the higher elevation. b. Use suitable ties, braces, and wedges to secure stoppers against leakage from test pressure, where conditions between manholes may result in test pressure causing leakage. C. Rate of leakage from sewer: Determined by the amount of water required to maintain the initial water elevation for one hour from the start of the test. d. Allowable exfiltration same as allowable infiltration. If the average head above the section being tested exceeds two feet above top of pipe, then the allowable exfiltration can be increased by 5% for each additional foot of head. e. Modification to this test only as approved by the Engineer. 02700 -8 f. Locate and repair leaks and retest as required. C. Deflection Tests: Perform deflection tests on all PVC truss sewers as follows 1. The mandrel (go /no -go) device shall be cylindrical in shape and constructed with nine (9) evenly spaced arms or prongs. The mandrel dimension, shall be 950% of the flexible pipe's published ASTM average inside diameter,_61lowances for pipe wall thickness or ovality (from shipment, heat, shipping loads,poor production, etc.) shall not be deducted from the ASTM average inside diameter, but shall be counted as part of the 5% allowance. The contact length of tire mandrel's arms shall equal or exceed the nominal diameter of the sewer to be `.Inspected. Critical mandrel dimensions shall carry a tolerance of ± .001 ". Proving rings shall be available. 2. The mandrel inspection shall be conducted no earlier than 30 days after reaching final trench backfill grade provided, in the opinion of the Engineer, sufficient water densification or rainfall has occurred to thoroughly settle the soil throughout the entire trench depth. Short-term (tested 30 days after installation) deflection shall not exceed 5% of the pipe's average inside diameter. The mandrel shall be hand pulled by the Contractor through all sewer lines. Any sections of the sewer not passing the mandrel test shall be uncovered and the Contractor shall replace and recompact the embedment backfill material to the satisfaction of the Engineer. These repaired sections shall be retested with the go /no -go mandrel until passing. 3. The Engineer shall be responsible for approving the mandrel. Proving rings may be used to assist in this. Drawings of the mandrel with complete dimensioning shall be furnished by the Contractor to the Engineer for each diameter and type of flexible pipe. 3.03 CONSTRUCTION AND INSTALLATION OF MANHOLES, MANHOLE BOXES AND INTAKE STRUCTURES: A. Set bases true to line and elevation on minimum six -inch granular backfill material. B. Install O -ring or profile gasket in joints between sections conforming to manufacturer's standard. C. Cast in place inverts must provide a channel at least one -half the depth of the pipe and match the full cross - sectional area of the pipe. All junctions and changes in direction shall be smooth and rounded to the maximum extent possible to supplement flow through the structure. D. Plug holes for handling with mortar. E. Lay grading rings in full bed and joint of mortar without subsequent grouting, flushing or filling; bond thoroughly. F. Set frames with top conforming to finished ground or pavement surface as indicated and directed. Grading rings plus the frame height shall not exceed 24 inches. G. Set frames in full bed of RAM -NEK or equal to fill and make watertight space between masonry top and bottom flange of frame. H. Backfill as specified in Section 02220. I. Clean manhole upon completion. J. Inspect for visible leaks after groundwater has returned to normal level. Repair leaks. 02700 -9 3.04 MAINTENANCE OF FLOW.' A. Storm Sewers: At the end of each working day, the Contractor shall reestablish the full capacity of any drainage system affected by construction. Diversion of storm water into the sanitary sewer system is not allowed. B. Sanitary Sewers: The Contractor shall at all times maintain full capacity in the sanitary sewer system and protect the system from storm water. C. If pumps are used for the diversion of flow, the Contractor shall have a stand -by pump readily at hand. The Contractor shall provide the Police Department and the Supervisor of the Iowa City Wastewater Treatment Plant with phone numbers where the responsible person may be reached 24 hours a day to make immediate repairs and /or replacement in case of diversion system failure. Diversion of sanitary sewage to storm sewers or waterways is not allowed. 3.05 CONFLICTS A. Provide temporary support for existing water, gas, telephone, power or other utilities or services that cross the trench. B. Compact backfill under the existing utility crossing as specified in Section 02200. C. Separate gravity sewers from water mains by horizontal distance of at least 10 feet unless: 1. Top of sewer is at least 18 inches below the bottom of the water main. 2. Sewer is placed in separate trench or in same trench on bench of undisturbed earth with at least three feet separation form the water main. D. Use water main materials for gravity sewers with less than 10 feet of horizontal distance and top of the sewer less than 18 inches below the bottom of the water main; maintain a linear separation of at least two feet. E. Where gravity sewer crosses over water main or service or where the top of sewer is less than 18 inches below the bottom of the water main or service, the following requirements shall apply: 1. ' The sewer may not be placed closer than 6 inches below a water main or 18 inches above a water main. The separation distance shall be the maximum feasible in all cases. 2. Use -20-foot length of water main material as specified for gravity sewer centered on the water main. Both joints shall be located as far from the water main as possible. 3. The sewer and the water main must be adequately supported and have watertight 11 joints. 4. Backfill trench with low permeability soil for the 20 -foot length centered on the crossing. F. Sanitary sewer force mains and water mains shall be separated by a horizontal distance of at least 10 feet unless: The force main is constructed of water main material meeting a minimum pressure rating of 200 psi. 2. The force main is laid at least four linear feet from the water main. 02700 -10 06/03 sha ,edknginee,\specs- i3A02700.d. 02700 -11 C_Y c -o 7 t "l r "'•Xr LANDSCAPING PART 1 - GENERAL 1.01 SUMMARY: A. Plantings (trees, shrubs, seed and sod), including soil preparation, finish grading, landscape accessories and maintenance. 1.02 QUALITYASSURANCE: A. The fitness of all plantings shall be determined by the Engineer and /or the City Forester with the following requirements: Nomenclature: Scientific and common names shall be in conformity with U.S.D.A. listings and those of established nursery supplies. 2. Standards: All trees must conform to the standards established by the American Association of Nurserymen. B. The Contractor shall repair or replace all plantings which, in the judgment of the Engineer and /or City Forester, have not survived and grown in a satisfactory manner for a period of one year after City Council acceptance of the project. 1.03 SUBMITTALS: A. Certify that all plantings are free of disease and insect pests. Certificates shall be submitted to the Engineer and /or City Forester. B. Submit certification of seed mixtures, purity, germinating value, and crop year identification to the Engineer. 1.04 DELIVERY, STORAGE AND HANDLING: A. Protect all plantings in transit to site to prevent wind burning of foliage. B. Set all balled and burlapped trees and shrubs, which cannot be planted immediately, on ground and protect with soil, wet peat moss or other acceptable material, and water as required by weather conditions. C. Keep container grown trees and shrubs, which cannot be planted immediately, moist by adequate watering. Water before planting. c 02900 -1 PART 2- PRODUCTS 2.01 TREES AND SHRUBS: A. Trees and shrubs shall be vigorous, healthy, well- formed, with dense, fibrous and large root systems and free of insect or mechanical damage. B. All trees and shrubs, except those specified as container grown, shall be balled in burlap with root ball formed of firm earth from original and undisturbed soil. At a minimum, 80% of all plantable containers shall be removed during planting. C. All trees shall display the following form and branching habits: 1. Free of branches to a point at 50% of their height. 2. Contain a minimum of six (6) well placed branches, not including the leader. D. Trees shall be measured when branches are in their normal position. Caliper measurement shall be taken at a point on the trunk six inches (6 ") above ground. E. Trees which have no leader or have a damaged or crooked leader, or multiple leaders, unless specified, will be rejected. Trees shall be freshly dug. 2.02 SEED: Minimum Proportion Lbs./ Lbs.l Mix by Weight Acre 1,000 sq.ft. URBAN MIX* Kentucky Blue Grass 70% 122.0 2.80 Perennial Rygrass (fine leaf variety) 10% 18.0 0.40 Creeping Red Fescue 20% 35.0 0.80 RURAL MIX* Kentucky 31 Fescue 54% 25 0.57 Switchgrass (Black Well) 17% 8 0.18 Alfalfa (Northern Grown) 11% 5 0.11 Birdsfoot Trefoil (Empire) 9% 4 0.09 Alsike Clover 9% 4 0.09 *A commercial mix may be used upon approval of the Engineer if it contains a high percentage of similar grasses. 2.03 SOD: A. Grass and sod established, nursery grown Kentucky or Marion Bluegrass sod, vigorous, well rooted, healthy turf, free from disease, insect pests, weeds and other grasses, stones, and any other harmful or deleterious matter. B. Sod harvested by machine at uniform soil thickness of approximately one inch but not less than 3/4 of an inch. Measurement for thickness excludes top growth and thatch. Prevent tearing, breaking, drying or any other damage. 02900 -2 Z04 LIME AND FERTILIZER: A. Ground agriculture limestone containing not less than 85 percent of total carbonates. B. Fertilizer shall contain the following percentages by weight or as approved by Engineer: Nitrogen* - 15% Phosphorus - 15% Potash - 15% *At least 50 percent of nitrogen derived from natural organic sources of ureaform. PART 3 - EXECUTION 3.01 PLANTING TREES AND SHRUBS: A. Planting Season and Completion Date: 1. Trees: Spring — March 30 through May 15 Fall — Sept. 18 through Nov. 18 2. The Contractor may plant outside the limits of such dates with permission of the City Forester. The City Forester may stop or postpone planting during these dates if weather conditions are such that plant materials may be adversely affected. B. The planting shall be performed by personnel familiar with the accepted procedures of planting and under the constant supervision of a qualified planting supervisor. C. Tree and shrub placement shall be as shown on the plans. D. Contractor shall inform the City Forester of the starting date and location. All planting soil must be approved by the City Forester before use. E. Excavate with vertical sides and in accordance with following requirements: Excavate tree pits to a minimum of two feet greater in diameter than root ball of tree and sufficiently deep to allow for a minimum of 6 inches of planting soil mixture below root ball. 2. Plant shrubs in pits 12 inches greater in width than diameter of root ball or container and sufficiently deep to allow for a minimum of 6 inches of planting soil mixture below root ball. 3. Do not use auger to excavate planting pits. F. Set trees and shrubs in center of pits, align with planting plan, plumb and straight and at elevation where top of root ball is one inch lower than surrounding finished grade after settlement. G. Compact topsoil mixture thoroughly around base of root ball to fill all voids. Cut all burlap and lacing and remove from top one -third of root ball. Do not pull burlap from under any root ball. Backfill tree and shrub pits halfway with planting soil mixture and thoroughly puddle before further backfilling tree or shrub pit. Water tree or shrub again when backfill operation is complete. H. Rake bed area smooth and neat. Mulch all tree pits and shrub beds with a minimum of three inches of hardwood mulch which has been approved by the City Forester. 02900 -3 3.02 PLANTING SOIL MIXTURE: A. Backfill material for plantings shall be a mixture of 213 loose friable topsoil and 1/3 clean sand. All backfill shall have a uniform appearance and shall be loose, friable, and free of hard clods and rock over two inches in diameter. 3.03 SEED, FERTILIZE, LIME AND MULCH: A. Apply lime by mechanical means at rate of 3,000 pounds per acre. B. Apply fertilizer at rate of 450 pounds per acre. C. Seed Areas: 1. Remove weeds or replace loam and reestablish finish grades if any delays in seeding lawn areas allow weeds to grow on surface or loam is washed out prior to sowing seed. This work will be at the Contractor's expense. 2. Sow seed at rate of 175 pounds per acre on calm day, by mechanical means. Sow one -half of seed in one direction, and other one -half at right angles to original direction. 3. Rake seed lightly into loam to depth of not more than 1/-lnch and compact by means of an acceptable lawn roller weighing 100 to 150 pounds per linear foot of width. 4. Hydro- seeding may be used upon approval of the Engineer. D. Water lawn area adequately at time of sowing and daily thereafter with fine spray until germination, and continue as necessary throughout maintenance and protection period. E. Seed during approximate time periods of April 1 to May 15 and August 15 to September 15, and only when weather and soil conditions are suitable for such work, unless otherwise directed by the Engineer. F. All areas requiring mulch shall be mulched as soon as seed is sown and final rolling is completed. Mulch shall be evenly and uniformly distributed and anchored into the soil. The application rate for reasonably dry material shall be approximately 11/2 tons of dry cereal straw, two tons of wood excelsior, or two tons of prairie hay per acre, or other approved material, depending on the type of material furnished. All accessible mulched areas shall be consolidated by tilling with a mulch stabilizer, and slope areas shall be tilled on the contour. Crawler -type or dual -wheel tractors shall be used for the mulching operation. Equipment shall be operated in a manner to minimize displacement of the soil and disturbance of the design cross section. G. Apply additional care as necessary to ensure a hearty stand of grass at the end of the one - year maintenance period. 3.04 SOD: A. Install sod not more than 48 hours after cutting. Stake all sod as necessary to prevent erosion before establishment. B. Apply lime by mechanical means at a rate of 3,000 pounds per acre. C. Apply fertilizer at a rate of 450 pound per acre. D. Remove weeds or replace loam and reestablish finish grades if there are any delays in sodding. E. Rake area to be sodded. 02900 -4 F. Roll sod to establish smooth, uniform surface. G. Water area adequately at time of sodding and continue as necessary throughout maintenance period. H. Sod during approximate time periods of April 1 to May 15 and August 15 to October 15, and only when weather and soil conditions are suitable for such work, unless otherwise directed by the Engineer. I. Apply additional care as necessary to ensure a hearty stand of grass at the end of the one - year maintenance period. 3.05 MAINTENANCE- ALL PLANTINGS: A. Begin maintenance immediately and continue maintenance until final acceptance of work. Water, mulch, weed, prune, spray, fertilize, cultivate and otherwise maintain and protect all plantings. B. Maintain sod and seed areas at maximum height of 2' /z inches by mowing at least three times. Weed thoroughly once and maintain until time of final acceptance. Reseed and refertilize with original mixtures, watering, or whatever is necessary to establish, over entire area, a close stand of grasses specified, and reasonably free of weeds and undesirable grasses. C. Reset settled trees and shrubs to proper grade and position, and remove dead material. D. All plantings shall be guaranteed for a period of one year after by City Council acceptance of the project. E. The Contractor shall supply all water for planting and maintenance. Water may be obtained at the Contractor's expense at the bulk water fill station located at 1200 S. Riverside Drive. All water must be paid for in advance at the Civic Center, 410 E. Washington Street. 02900 -5 L 170Hd 9Niond8nOH 1NNdStl vsoc� 0 s s `a "s E s � 6 0 < m m m im o W Zm R S O D N o I i J C4 J p p IS V � W w O Z U Z z 00 m W oU Q Np O w Q 73 p F 00 N LL o = O 00 W # U LL I i cn w - �� a y 3Atl ONVlNVO T +' L==I i 15 mbtl o ct ? f 0 i . �. U 31V0 9N11131 103f0Hd ONiomnm 1lVHdSV VC06M S o00 � m F rr 98g55 _ A _ m$m 2 6Dn - 8`� a F ^ cLs � �NGINFEp •., '•„ �3SN3���`' � w � 98g55 A _ m$m 2 6Dn - 8`� N cLs �.... �NGINFEp •., '•„ �3SN3���`' NOIIVWHOJNI lVd9N30 ONV ON3031 ° 0 N Z Z � ryw U' Z Fr` O�i j � � 3 �❑ � ¢ L ¢ uj of g Jo0 ? F G m 'J 5QL OU� rN Eo 1.N ¢ Q �LL Z D JC Yww OD = c_m° KO ~zy �u O Z 'i'u'. OU wvi r?S °'.w < Vz 2ticv nmz 5z o, ¢ m�' c� byo o w< z�mz `ate 50 ix LLI CP Z u.• W VO ZO .�n z G~' ¢Q i 03C O 305 '�� Y O b y 3 aao Q C SW - ° OaS ova �O FOS LL w co crsN �� _ iz ¢jgz8-¢oas pLLo i�3 0� ;o Z pzoi ttl 6. o""oa r=wao I � O Z ZZ ?7 s_o azw uUY1431� no fx,T 5 L) U ra UU Bg w 0 WY OF�<E6F!Oihik'EMO'EOU�5133X5 NNC \a4�Y L�`�a+Y bIC [1wtli5- �dE�PA�916��2 S310N 7Vi3N30 ° N � LL r, o 6 Z O Z � U S uJ U W O (7 Z U Q 7 y W r 2 y 0 Z O U — Z O r Z �€ —v�'�5 i3 EV 2mt 3L A E �L '6x aSfie s'aa � Si Si.�� � `o i'•�mm 'i U �e ^pie[ =ES =_ o §sWs .as5s o ••c =ffi EaE° te5��e5» ¢E E c m� afr _ .,ysES ^ � ear offer_ w . SSS �bEa mfro09e2ce_ 3 ..�9xffi�er 5 F F V° °@ %.__° ^ 5§ m a� X03 �fr°SP qcS �$ > $�R 5.6 mg —a'o'T s dkozmmm ��S Se� fib€ �,, �fr9° Effie 8k °fr gV_ €° Sn� 8° °o 5`aza _a3 s ° ° sKSShEa 9o8a9�' EBB. 55 E° 26ava aQ.. ^�$' a g�voass�a €€ €� ^cP'EEsaoQ 833 — ka aS�m ^a �� frs.g $$ °Sfi .g °L's S9 ^. ��S' �cm 3E ^.°.� SEEk �'. e3° Ter E °y 4 O ffi4`fra42 g -sd aa€ ��e b.m eN ° _$-gk €s_v'zss °gE t8� 3 s.€ _- Tg _o ` °5 �iEaE 3`iks Z 'U N W 0 WY OF�<E6F!Oihik'EMO'EOU�5133X5 NNC \a4�Y L�`�a+Y bIC [1wtli5- �dE�PA�916��2 w. � ee.e nozmre uoroomsusxs xe�er�;+ma aPaax,�swes- ze�aw\�e \s Ntlld NOUN3A28d NounllOd H WAMfO1S ° v� § z Z Z e#Y E g aq # i8 S' �' xSY a 4 `- £ 51 1 S 4g5 2$8 12 rt U N 9Ey 45 'i 68' F @£ EES 2a' 2 S 5 3 L "- E 23 iY 3 i e Sm 5$ §st e } pt 3 � 8 M 3 E gg €& Y E Y-- :. w F -. �' EL EF i � fr 6 d p 5 - § !S r§ E% � a(sx�� 'a Y� " a $3 S A 5 5 3 J° @ 5%. % t e LL AS1 5 YSY a5': aR 3 Y f'S Y4°8W. P a 3r $E. S = S RE ggtl € 8 € Se x adE € §& U Z W Zhp^ A. 'm ri $ 9 5` %.P'%8z8 Tmyy o q v of a € re85§ Eli yP £ s 3 S` §5 yx z ep £{8 Y S q Y Y j E. SSa F YS E5 -P Y� i8 m2 %8Yg 0 p as x€ 085' -. z °£ �E84 € s c�as 3 � ry O LL gs _ E °s iE Ee � nY "3 g j g s Y5 EF Ri 35 � EE -1. • $sy uE ^'m � � P 2.. a as " 33 3.- $.F €¢. v w a €R > 32-22-- V ZE S:` O %q 3 ag .dE° Lce U _ �A Aa a8�$so�o Lyme F € mo ;-um$ m5 mti frY'F m V 5F $ € Q _ 2 y W w. � ee.e nozmre uoroomsusxs xe�er�;+ma aPaax,�swes- ze�aw\�e \s SNOUO3S SSO2O 7VOId L ° a m z° o w m g" eti i Q 3�ii Q Ti C °O 0- C 0- 5 0 zo v� Uj z O O S O .V Z ° 2 O Q � Q I U r Z Q � O U K N_ W 4 Q W vT wj z m N Z QQ� �W4 g o a rs p z fG m w O Q < y v O Q U Z Z U D ww m m O f w 01 Z D o Q } Y C a F U U m o U a o U C — � O Ai 7 O U U © °c Z N y W 2 N N N N N 6 O w � >O i a � Flo o Z N 0 O N O M r N S! < o n w o 0 w� of wi w' y i 0 wriw[.mcinzhih'Sr..gip9r5L =L!S UtM�.acynoy:,eya eioYrwass- ne6aeJr9rv3\.Y O W wriw[.mcinzhih'Sr..gip9r5L =L!S UtM�.acynoy:,eya eioYrwass- ne6aeJr9rv3\.Y siiviHG NouonHiSNOO ° z z p m `v �zm Fm 0= t Y off} z v w I� 2� U o_aw� 0 a w 4 a =ooh o w w <3 ¢ €wrc arc ip �°'' 2 2 ¢i WSOFFo O LL rc W F U L 46 (n u 4 fr Z: I O � O g z ? W n� r� 3£ 1 z w�acfw Jof a�a °OCp U Cal o Sk, a O O Ow z h 0 ICH1N00 0WVHI ONV ONIOVIS 'eq_— cl a m z o z m F LL w i v m I w I c� U 7 y W <_ a 2 a a 0 Fit `o io `p3 Wgz 0 -OF R ey��aFg oyso 0 �wea� ¢ =ova oo c w € =Mi W° < 3�'• Ez F I w ° N PH €, „ - w o ¢ w m °§ NP °oo i �° X40 '�^ °off _ "F' y „s „� °m `y 2 �„ aim w god`s z z 2 „k< g� V3„ si §w pC �� � b =� :Y i %d %F� IQ Mx �£ 'k Tw� sEotl =£s as:F =g` „° 5i -� 8 w .- H � k s� «� afar o _ 0 M Wao �£ ��gk' '2 €. "ems `S? - ,r- F-� 6m a u�,e oa g o o i°J rn a a €s °�> 2 oar _in �oJ p °� ¢ yes• � €w 8� 0 oa �g� 7m �'F dog „"0�8°� �u� mo`z� tires p° `Eo 6 a H E HUE ° €u 62 02'x° -/+U'+ m 6'^o� "1 1W- J - -« 2 &�a.9a €amp<g €�� 6�a cz�5 F F a7 NOI1VIUWNl WHAN30 ONV SNOuwmv1 oaK V Q Z Q 31VMIS3 i a WI fr s O N k LL rvaV V-I jn Z J <`- a � °o e7g N810 3 m !+ ±S i �'I 0 8 R Q s i33ais MavlD �p 0o coOK =LL ° O 6 ww 3',33 3 I F S$$ F N 133.15 anOWA35 O o m N ul I�CVm r w� I� m $ ry � ww n N o e 133a1S 1.000 dim @ o F fF N� rc Matld A6a3NAHM 's o o a's a P II w i w ww w w w F Matld lllH A.DN01H `' � I it II O v 1D ♦3sais ta3enD PR I I F �w N Ij I I I I a 0.¢ IUi will V:~Z Iz dSl IF _U �C �I 000 ¢.�¢O yY¢3U O � m2 �ws a'¢II Uo_a Zl3 8� alp old £il �I col o'p.¢FZ000 o. s's's yry US oz <SUnrcali- n:iin�m — JE d.,I.�LL'�£ yo F O j Im .°v `n rin wens 31VMIS3 i MR 9E'[a�B F[W1Z12'6xpIC�sw }�a IMd \vel�Po ye4Ery blMWtllSTticbbJl, lBV9 U 'o u z Z LL a w x y e Z O O Z O 2 O 0 r U rn O O r r ti ° fr s O N k LL rvaV V-I Z J <`- a � °o e7g O 3 m !+ ±S i Q s �p 0o coOK =LL MR 9E'[a�B F[W1Z12'6xpIC�sw }�a IMd \vel�Po ye4Ery blMWtllSTticbbJl, lBV9 U 'o u z Z LL a w x y e Z O O Z O 2 O 0 r U rn O O r r ti O LL 3zz�i zz i ` 0o coOK =LL OO O ww 3',33 3 r F z F � ww F fF N� 's o a's a P i w ww w w w MR 9E'[a�B F[W1Z12'6xpIC�sw }�a IMd \vel�Po ye4Ery blMWtllSTticbbJl, lBV9 U 'o u z Z LL a w x y e Z O O Z O 2 O 0 r U rn O O r r ti ilBU1 AHVlC - NVId AVIU3A0 ' p a o N I Z LL Z aoa r�wa - III c� i z _ &z I G 0 0 j and anoruas . e J V I ; WQ i L I F S � O _ m U -III � 1 0 w � � oldJo ¢ ao p � w �O O U 4l `- j Q Z 4 V W W ¢ Jz 1332ll5 Aa3M08 � 3 OU U 6 K0 —rte M � w Vlp E 00 O N? 3 d,0 Up w i 2 J owa os wa �-- '?ice:-- ! w � 3 — J r 3nN3AV w MJ41a81S lI) W 1> UW JN ZO ¢F N p0 WLL ?fc O� �� 3p ll� FU H �� 3m ¢S KV Rd ip W yU 06 Wjp ZO UO NW 0 133tl1S NEN70- Ntlld AVIltl 0 W o m V m N P U N O � - T OJ C H TFiTGO +—C i- ° a Isidnoo 0 IL �w w YQ I W J Z � S W � 6 I r 2 W � K pN / UU w �¢ ° I 15 3ldtlW m U Sw �a w �o r i J o o w w � F 1¢ r11 - U I L ° I o Jw i U Z w W I � 133HiSiKOO - Nbld AblB3A0 " Z ¢ zn J� 1. I it o— L, o o� i i ors of 'i z i i J ¢ a i IIII a o rcz I1 p r — r o I ¢ r w III r —w � �•,:n ICI °} p '. O a � ttt III w z Z r is I ¢U Z O N O 133tl1S idnOO - NVld Lbl83AO m yo a o N N Z z U (A O l Or O � �' J W ° vwOip _ O¢_ w x a d� II� 2 i U U �Z - OT is iNV60 g _ z Q zed° o Y Z ° ;prc- � r _ III w IL_— QOa m�dJ S � � r o _ I� N �U OU z� a' ay as I , �i � 3 w o l:' yo o Wma 1aJx _ - -... III aw r I o w � "'•* - ONtllNVO � 0 z w z aw N w twOW U tea_ 3 3x- O Iii I z w 0 30N3AV Nnom3S NV7d/,YI83A0 ° y z z Vim/ K ° o j Z U y 0 d� - > Ii Z NLL U p pn 2 Zd Q I r W u w 3 ° tgi_ z J "z I r — �4NV1NV0 a p o ¢ w5 z .°n Y 2 > d p '4 } pO G w I I ~ n -- WO F -Z S `O �F O JO 0 JFS woz�' warp I tea- z i z rc"wa JQ�a I Fp O °z Jrx a��o ¢S"Z.a a z rc�ap r. o Z OI O p W 1 > ¢ 4 ~ I— wd ¢p O w W J¢ SR Nw O¢ ¢, I Zj p � Q Y I w I rcw o� ax F JQ I Ww �IQ (n Nw p Ki0 Km I r L / r I I Z w — o i IS xaru > o co =s� z -- z w OU z a z 0 0 Mitld ASH3Hl.3M- NOISNVdX31010NINdHdMH �. i o °m �w m z = a z d U z z WJO m Z 7 U to D mow �viw m m z 0 O D li d 2 t 3 J Q U S} Lk 6 L rp 3 III U z ;et vi } Dm 2 J Q Q <W T b' ! a I ¢r S 4 xs }s O N Xu m c r X_ b v ul i D a z F � N N - W X WS mo w < Hr prr w4 w 00 Wm j uS X O' D� 0 Q Jo WD OW —WC9 X 0 Z w> Wrz �WY rD d C,Z J U moo¢ r s3 0a zpor < ¢� aw >D ow Z ww mm � O N j Z W ` O 1 U 1 � w r 1 Z O U Nbld lb3S &HO N 0 \ z z \ z w x LL WF i = WaY 2_ U p \ O I Z / LL ti L� Q - a _ e ti 8 - 11��N4vp%441 FNh �F wti N Y i L Li �I F —i '' 101}J39119 yN F.I L�pl N301VW IN I r=_ 0 z 0 z of I 0 0 z 0 O Z W W Z w s 3 0 ¢U W ti Z W 0 �flJ Prepared by: Dave Panos, Engineering Division, 410 E, Washington St., Iowa City, IA 52240, (319) 356 -5145 RESOLUTION NO. 13 -50 RESOLUTION SETTING A PUBLIC HEARING ON MARCH 5, 2013 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE FY2014 ASPHALT RESURFACING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the Pavement Rehabilitation account # 3824- 434710. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above - mentioned project is to be held on the 5" day of March, 2013, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above -named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above -named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 19th day of February 20 13 ,,// Approved by ATTEST: r/ K. ��u� AW414t001 CITY CLERK City Attorney's Office a/-7//3 5:1ENQPMes0lu80nstPr0jQc1 Resolutions \Setting Public Hearing \FY2014 ResmfaciniSet Public Hearing Prolecl- FY2014 Resudacing.Aoc Resolution loo. 13 -50 Page 2 It was moved by Payne • and seconded by Dickens the Resolution be adopted, and upon roll call there were: AXES: NAYS: ABSENT: x Champion x Dickens x Dobyns Hayek g Mims x Payne x Tluogmorton NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE FY 2014 ASPHALT RESURFACING PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifications, form of contract and estimated cost for the construction of the FY 2014 Asphalt Resurfacing Project in said city at 7:00 p.m. on the 5th day of March, 2013, said meeting to be held in the Emma J. Harvat Hall in the City Hall, 410 E. Washington Street in said city, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the City Hall in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided by law. MARIAN K. KARR, CITY CLERK NOTICE TO BIDDERS FY 2014 ASPHALT RESURFACING PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 27"' day of March 2013. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 2nd day of April 2013, or at special meeting called for that purpose. The Project will involve the following: 2,296 tons of asphalt cement concrete, 11,945 sq. yards of pavement milling, 1,495 feet of pcc curb and gutter replacement, 350.30 sq. yards of pcc sidewalk and curb ramp pavement removal and replacement, 3 storm sewer intakes and piping, 1000 GAL. of chip sealing binder, 51 tons of chip seal cover aggregate, traffic control, other related work. All work is to be done in strict compliance with the plans and specifications prepared by the City of Iowa City Engineering Division which have hereto- fore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the AF -1 City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Completion Deadlines: Phase 1: Wetherby Park Early start: April 22, 2013 Completion deadline: May 17, 2013 Phase 2: Street Milling and Overlay Early start: June 10, 2013 Completed: August 2, 2013 Liquidated Damages: $500 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of the City Engineer of Iowa City, Iowa, by bona fide bidders. A $50 deposit is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to: 'Treasurer of the City of Iowa City, Iowa ". The deposit shall be refunded upon return of the contract documents within fourteen days after award of the project. If the contract documents are not returned within fourteen days after award and in a reusable condition, the deposit shall be forfeited Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242 -4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, AF -2 unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF -3 -t'ry Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5145 RESOLUTION NO. 13 -70 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY 2014 ASPHALT RESURFACING PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above -named project was published as required by law, and the hearing thereon held. WHEREAS, funds for this project are available in the Pavement Rehabilitation account # 3824- 434710. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract, and estimate of cost for the above -named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above - named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above -named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above -named project are to be received by the City of Iowa City, Iowa, at the office of the City Clerk at the City Hall, before 2:30 pm on the 27th day of March, 2013. At that time, the bids will be opened by the City Engineer or his designee, and thereupon refered to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 2nd day of April, 2013, or at a later date and /or time as determined by the Director of Public Works or designee. Passed and approved this 5th day of march 2013. Mayor All Approved by: ATTEST: &� - ok- City Clerk City Attorney's Office a as�t3 Resolution No. 13_ Page 2 It was moved by Payne and seconded by Resolution be adopted, and upon roll call there were: AYES: x x x x x x -x_ NAYS: ABSENT: the Champion Dickens Dobyns Hayek Mims Payne Throgmorton Printer's Fee $ �O CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 being duly sworn, say that I am the legal cleric of the IOWA CITY •PRESS- CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): I�- Subscribed and sworn to �b fore me this day of A.D. 20 /3 - W LINDA K.OTZ ommissionNulnber232619 My d6mmission Elipires Japuay 27,20W OFFICIAL PUBLICATION NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED ASPHALT RESURFACING onrtIFO7 IN THE CITY OF TOFF AIOWA CITY, IOWA, AND TO OTHER INTERESTED PERSO that Public notice is hereby given the City Council of the City of Iowa City, Iowa, will conduct l hearing on plans. specifications, form of contract and estimated cost for the construction of the FY 2014 Asphalt Resurfacing Project in said city at 7:00 p.m, on the 5th day of March, 2013, said meeting to be held In the Eli J. Harval Hall in the City Hall, 410 E. Washington Street In said city, or if said meeting is cancelled, at the Council nad thereafter as posted by the City Clerk. Said plans, specifications, form of contract and estimated cost are now on file In the office of the City Clerk In the City Hall In Iowa City, Iowa, and may be Inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments con -' corning said plans, specifications, contract or the cost of making said Improvement. This notice is given by order of the City Council of the City of Iowa Iowa and as K. KARR, CIHy CLE law RK cccan.e�v February 25, 2013 Printer's Fee $_-3:: �1 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS- CITIZEN FED.ID #42- 0330670 being duly sworn, say that I am the legal cleric of the IOWA CITY •PRESS - CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): Subscribed 9!id sworn to of e me thI /5-5w- day of A.D, 20 13. Notary Public e s LINDAKROTZ e Commission Number 732619 My Commis on Expires cr°> Janua 27,2014 OFFICIAL PUBLICATION NOTICE TO BIDDERS FY 2014 ASPHALT RESURFACING PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 27th day of March 2013. Sealed proposals will be opened Immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for pur- poses of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 2nd day of April 2013, or at special meeting called for that purpose. The Project will involve the follow- ing: 2,296 tons of asphalt cement concrete, 11,945 sq. yards of pavement milling, 1,495 feet of rece curb and gutter replacement, 350.30 sq. yards of recc sidewalk and curb ramp pavement removal and replacement, 3 storm sewer intakes and piping, 1000 GAL. of chip sealing binder, 51 tons of chip seal cover aggregate, traffic control, other related work. All work is to be done in strict earn pliance with the plans and specifications prepared by the City of Iowa City Engineering Division which have heretofore been approved by the City Council, and are on file for public examination In the Office of the City Clerk. Each proposal shall be com- pleted on a form furnished by the City and must be accompanied in a seated envelope, separate from the one containing the proposal, by a bid bond executed by a corpora- tion authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City In the event the successful bidder fails to enter Into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful perfor- mance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the low- est two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond In an amount equal to one hundred per- cent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages, of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) years) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Completion Deadlines: Phase : Wetherby Park Early start: April 22, 2013 Completion deadline: May 17, 2013 Phase 2: Street Milling and Overlay Early start: June 10, 2013 Completed: August 2, 2013 Liquidated Damages: $500 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of pro- posal blanks may be secured at the Office of the City Engineer of Iowa City, Iowa, by bona fide bid- ders. A $50 deposit is required for each set of plans and specifications pro - vided to bidders or other interested persons. The fee shall be in the form of a check, made payable to: "Treasurer of the City of Iowa City, Iowa ". The deposit shell be refunded upon return of the con- tract documents within fourteen days after award of the project. If the contract documents are not returned within fourteen days after award and in a reusable condition, the deposit shall be forfeited Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242 -4721 and the Iowa Department of Transportation Contracts Office at (515) 239 -1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall Include the type of work and approximate subcontract amounl(s). The Contractor awarded the con- tract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extend- ed dollar amounts. By v'irlue of statutory authority, preference must be given to prod. ucts and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder prefer- ence law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive techni- calities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK rcemme.0 March 11, 2013 �aJ 4d(12) Prepared by: Dave Panos, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5145 RESOLUTION NO. 13 -98 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE FY2014 ASPHALT RESURFACING PROJECT. WHEREAS, L.L. Pelling Company, Inc. of North Liberty, Iowa has submitted the lowest responsible bid of $ 506,060.05 for construction of the above -named project; and WHEREAS, funds for this project are available in the Pavement Rehabilitation account # 3824. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above -named project is hereby awarded to L.L. Pelling Company, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above -named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above -named project. Passed and approved this 9th day of April , 203_. AM ,=0I Approved by /� ATTEST: %7!l ��, �cJ �t" . -� J 4AOWa CITY CZERK City Attorney's Office ? ag�j3 It was moved by Dobyns and seconded by Thro¢morton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: —X_ Champion X Dickens X Dobyns X Hayek X Mims X Payne X Throgmorton rwenghnasters%awrdwn.dm 3113 THIS AGREEMENT is made and entered into by and between the City of Iowa City, Iowa ( "City "), and LA, i wi (1, ( "Contractor "). c Whereas the City has prepared certain plans, specifications, proposal and bid documents dated the L_ day of (a ter f- , 20 I'� , for the FY 2014 Asphalt Resurfacing Project ('Project'), -Tip Whereas, said plans, specifications, proposal and bid documents accurately and fully describe the terms and conditions upon which the Contractor is willing to perform the Project. NOW, THEREFORE, IT IS AGREED: 1. The City hereby accepts the attached proposal and bid documents of the Contractor for the Project, and for the sums listed therein. 2. This Agreement consists of the following component parts which are incorporated herein by reference: a. Addenda Numbers b. "Standard Specifications for Highway and Bridge Construction," Series of 2012, Iowa Department of Transportation, as amended; C. Iowa Department of Transportation Design Manual, Chapter 12: Sidewalks 1\ and Bicycle Facilities, Dated 4 -17 -12 d. Plans; e. Specifications and Supplementary Conditions; f.. Notice to Bidders; g. Note to Bidders; h. Performance and Payment Bond; L Restriction on Non - Resident Bidding on Non - Federal -Aid Projects; j. Contract Compliance Program (Anti- Discrimination Requirements); k. Proposal and Bid Documents; and AG -0 CitV This Instrument. The above components are deemed complementary and should be read together. In the event of a discrepancy or inconsistency, the more specific provision shall prevail. 3. The names of subcontractors approved by City, together with quantities, unit prices, and extended dollar amounts, are as follows (or shown on an attachment): 4. Payments are to be made to the Contractor in accordance with the Supplementary Conditions. DATED this 0 dayof 20L. Mayor ATTEST: City Clerk AG -1 Contractor L (Z �cl 3 !7 By �2L - ,VLV�LQ_oi1 c U� Title ) ATTEST:6 " % (Title) p a �Ea . (Company icial)' Approved By: City Attorney's office Bond No.: IAC 66047 PERFORMANCE AND PAYMENT BOND L.L. Felling Company, Inc., 1425 W. Penn Street, North Liberty, IA 52317 -0230 as (insert the name and address or legal title of the Contractor) Principal, hereinafter called the Contractor and Merchants Bonding Company (Mutual) (insert the legal title of the Surety) 2100 Fleur Drive, Des Moines, IA 50321 _ , as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of Five Hundred Six Thousand, Sixty Dollars & 05/100 Dollars ($_506,060.05 ----------------------- ) for the payment for which Contractor and Surety hereby bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has, as of entered Into a (date) written Agreement with Owner for the FY 2014 Asphalt Resurfacing Project; and WHEREAS, the Agreement requires execution of this Performance and Payment Bond, to he completed by Contractor, in accordance with plans and specifications prepared by _, which Agreement is by reference made a part hereof, and the agreed -upon work is hereafter referred to as the Project. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Agreement, then the obligation of this bond shall be null and vold; otherwise it shall remain in full force and affect until satisfactory completion of the Project. The Surety hereby waives notice of any alteration or extension of time made by the Owner, B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Agreement, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1, Complete the Project In accordance with the terns and conditions of the Agreement, or 2. Obtain a bid or bids for submission to Owner for completing the Project In accordance with the terms and conditions of the Agreement; and upon determina- tion by Owner and Surety of the lowest responsible bidder, arrange for a contract betweon such bidder and Owner, and make available, as work progresses (even though there may be a default or a succession of defaults under the Agreement or subsequent contracts of completion arranged under this paragraph), sufficient funds to pay the cost of completion, less the balance of the Contract Price, but not exceeding the amount set forth In the first paragraph hereof, The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Agreement, together with any addenda and /or amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and Contractor's Surety shall be obligated to keep the Improvements covered by this bond In good repair for a period of five (5) years from the data of formal acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person, corporation or third party other than the Owner named herein or Ilia heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the Principal and Surety, in accordance with provisions of Chapter 573, Code of Iowa, shall pay to all persons, firms or corporations having contracts directly with the Principal, including any of Principal's subcontrac- tors, all clahns due them for labor performed or materials furnished In the performance of the Agreement for whose benefit this bond Is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if It were expressly set out herein. SIGNED AND SEALED THIS 10th 2013 IN THE PRESENCE OF: Witness DAY OF April I- Pelling Com any, Inc. (-O ( rinclpal) �- (Title) Merchants Bonding Company (Mutual) '(SSurety) /gyp , Micha" el P (�, osF ter (Title) torney -in -Fact 2100 Fleur Drive (Street) Des Moines, IA 50321 (City, State, Zip) 515 - 243 -8171 (Phone) MERCHANTS BONDING COMPANY. POWER OF ATTORNEY Bond #: IAC66047 for Company Employees Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint the following company employees, individually, Michael P. Poster of Des Moines and State of Iowa their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: Unlimited and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of- Altorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 1st day of January . 2012 . MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By President On this 1st day of January , 2012 before me appeared Larry Taylor, tome personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. ✓+ MARANDA GREENWALT��� F Commission Number My Commission Expires °W^ • October 28, 2014 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK as. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 10th day of April . 2013 . �yt`d , si POA 0015 (11/11) `':;�iy •Y .••.., OP Po D�A9'• °j•v h0�• ? <: :r"-:= a'• 1933 Secretary 9 Z :ti b� a•. c: :�., 2003 c> ? 1933 r :yv• .ti STATE OF IOWA rt ,``�� '•� is `.• �• COUNTY OF POLK as. " " " "ji "•' MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By President On this 1st day of January , 2012 before me appeared Larry Taylor, tome personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. ✓+ MARANDA GREENWALT��� F Commission Number My Commission Expires °W^ • October 28, 2014 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK as. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 10th day of April . 2013 . �yt`d , si POA 0015 (11/11) `':;�iy •Y .••.., OP Po D�A9'• °j•v h0�• ? <: :r"-:= a'• 1933 Secretary ATM71- 2d(2) Prepared by: Dave Panos, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5415 RESOLUTION NO. 14 -4 RESOLUTION ACCEPTING THE WORK FOR THE FY2014 ASPHALT RESURFACING PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the FY2014 Asphalt Resurfacing Project, as included in a contract between the City of Iowa City and L.L. Pelling Project of North Liberty, Iowa, dated April 9, 2013, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Pavement Rehabilitation account #3824; and WHEREAS, the final contract price is $ 513,383.79. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 7th day of January , 20jy4 —. ATTEST: k CITY CLERK MAYO n Approved by City Attorney's Office It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: I!:YM x x x x x x x Rveng /masters /acptwork.doc 12/13 NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton mxx�E- Z m yy m Sr �6C � C z`mo.t x m3 m wo¢v� Uu�vUi �z' O1 �U ado wo EE N s S w 52 F �W0 F-� O FL7 U ^ 3> G-I V1 z vi &;s0 Ci Z -0" U W 3 Na 5 oo � 6v Vw F C Q Q J N } s x. VPo� Uem WQm FNN yom (~!1 O V UQ np N Q O rl 93� o lE 00 Q ml ¢��86@ - g-P :w o�Y a Q Ills liii sill II I, I I S� r• 1 eon i S `vim u� �Q 8�P CoJ P I �a� EBge }§ Fes— W w N y `i N n-2 - ° R>: U 111 6 zs ttt 0 111 93� o lE 00 Q ml ¢��86@ - g-P :w o�Y a Q Ills liii sill II I, I I S� r• 1 eon i S `vim u� �Q 8�P CoJ P I �a� EBge }§ _s l5'a e N I Q¢ I d P ?ROXIMATE �WEST'_IA= CE GC0. PN0.ENT '_C 3 L/ S arruS� $ - , "emu /, �t R CoJ P I �a� \ N R>: R Doc ID: 023053920009 Type: GEN Kind: ORDINANCE Recorded: 08/13/2013 at 02:47:55 PM Fee Amt: $47.00 Page 1 of 9 Johnson County Iowa Kim Painter County Recorder fEE 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. 13-4540 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 6d' day of August, 2013, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 9g' day of August, 2013 ?� � - Marian K. Karr City Clerk \ord 410 EAST WASHINGTON STREET o IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 • FAX (319) 356 -5009 0� 08.06 -13 I 4d Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5236 (REZ13- 00012) ORDINANCE NO. 13 -4540 AN ORDINANCE CONDITIONALLY REZONING 2.3 ACRES OF LAND LOCATED SOUTHEAST OF THE INTERSECTION OF HIGHWAY 1 AND SUNSET STREET IN THE INTENSIVE COMMERCIAL (CI -1) ZONE. (REZ13- 00014) WHEREAS, the Menards INC., is owner of certain real estate in the Intensive Commercial (CI -1) zone located southeast of the intersection of Highway 1 and Sunset Street; and WHEREAS, the Comprehensive Plan -South Central District Plan indicates that the subject property is appropriate for Intensive or Highway Commercial development; and WHEREAS, the Comprehensive Plan -South Central District Plan states that entranceway aesthetics need to be considered along Highway 1 West; and WHEREAS, Iowa Code §414.5 (2013) 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, said property is subject to an existing Conditional Zoning Agreement (Ordinance No. 96- 3736) that requires a minimum 30 -foot front setback; and WHEREAS, the owner has requested that the existing Conditional Zoning Agreement (Ordinance No 96- 3736) be repealed and replaced with a new Conditional Zoning Agreement; and WHEREAS, this conditional rezoning would allow the minimum setback along the Highway 1 frontage to be reduced from 30 feet to 11 feet in exchange for a higher level of screening and landscaping along the property's frontage with Highway 1 and within the parking area /display area. Other relevant conditions from the 1996 conditional zoning agreement are included in the new conditional zoning agreement attached hereto; and WHEREAS, the applicant agrees 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. WHEREAS, the Planning and Zoning Commission has the reviewed the rezoning and determined that it complies with the Comprehensive Plan -South Central District Plan policy for entranceway aesthetics provided the conditions of the Conditional Zoning Agreement attached hereto are met; 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 zoned Intensive Commercial (CI -1), subject to the conditions stated in the Conditional Zoning Agreement attached hereto and incorporated herein by this reference: LEGAL DESCRIPTION Lot 1 Westport Plaza —Part Two, Iowa City, 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, 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. 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. Ordinance No. t i -4s4n 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 6th day of August , 2013. A MAYOR ATTEST: °� CITY CLERK App oved by CORPORATE oLAL CL,� �0 �"lw, 1 4aa � City Attorney's Office -7I (S's q��1 Ordinance No, 13 -4540 Page �2 It was moved by riims and seconded by Dickens that the Ordinance as read be adopted, and upon roll call there were: AYES: x x x x x x x NAYS ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 7/23/2013 Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 8/15/2013 Moved by Mims, seconded by Champion, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Mims, Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek. NAYS: None. ABSENT: None. Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ13- 00004) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), Menarcy, Inc. (hereinafter "Owner "), and Chezik -Bell Properties, L.C. (hereinafter "Applicant "). WHEREAS, Owner is the legal title holder of approximately 2.3 acres of property located southeast of the intersection of Highway 1 and Sunset Street; and WHEREAS, the Owner has requested the rezoning of said property to amend the Conditional Zoning Agreement by reducing the minimum setback requirement from the Highway 1 right -of -way from 30 feet to 11 feet; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding installation of extensive landscaping along the property's frontage with Highway 1, side lot lines, and to the northeast and southwest corners of the property, along with adherence to the other conditions enumerated in the original Conditional Zoning Agreement (Ordinance No. 96 -3736) and restated in the current CZA, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for protection of environmentally - sensitive areas; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. MenardAlnc. is the legal title holder of the property legally described as: Lot 1 Westport Plaza —Part Two, Iowa City, Iowa, Book 38, Page 257 Johnson County Recorder. 2. Chezik -Bell Properties, L.C. has a leasehold interest in the above - described property. 3. The Owner and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the South Central District plan. Further, the parties acknowledge that Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 4. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the 10 zoning chapter, as well as the following conditions: a. The development of the subject property shall have no direct vehicular access onto Highway 1. Access to the subject property shall be through the existing access drives from adjacent properties. b. Prior to the issuance of a building permit on the subject property, Owner shall dedicate to the adjacent property owners a cross - access easement to allow vehicular access between properties located to the north and south of the subject property. This access easement shall be shown on all site plans for future development and may be located through the parking lot aisles. c. No outdoor storage of merchandise or material, except for that associated with auto vehicle sales, plant nurseries, and florist shops, shall occur within 100 feet of the Highway 1 right -of -way. Outdoor storage areas located beyond 100 feet of the Highway 1 right -of -way shall be screened with a solid wall at least six feet in height. A planted landscape bed a minimum of 15 feet in depth shall be located adjacent to any such wall between the wall and the Highway 1 right -of -way, and no parking or paving shall be allowed within the 15 -foot landscape bed. d. Loading docks and receiving areas shall not be located on any wall facing Highway 1. Loading docks in other locations that are visible from Highway 1 shall be screened in accordance with applicable performance standards set forth in the Iowa City Code of Ordinances. e. All parking aisles shall terminate with a landscape bed a minimum of nine feet in depth. The landscape beds shall be planted with parking lot trees, which may count towards the parking area trees otherwise required by City ordinances. f. Only one free - standing sign shall be permitted on the subject property. g. If signage is to be lighted, it shall be internally illuminated. h. The parking /display area shall be setback and landscaped in accordance with the attached landscape plan dated 5129/13 and marked as revised on 6/11/13. The minimum setback along the Highway 1 frontage shall be 11 feet, but shall be deeper on the north and south ends of the parking /display aisle as shown. Landscaping shall extend along the side lot lines and into the parking lot islands as illustrated on said landscape plan with use of a minimum of three different species of trees. The attached landscape plan shall constitute the minimum standard that shall be maintained over time. Landscaped green space and setback areas may be increased, but shall not be reduced to less than what is shown on the attached plan. 5. The Owner, Applicant and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2013), and that said conditions satisfy public needs that are caused by the requested zoning change. 6. The Owner, Applicant and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 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. 0 8. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 9. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 6th day of August 2013. CITY OF IOWA CITY Menard /lnc OWNER? BY: Matthew J. Hayek, Mayor By: i henn T @ey5 Real Fs P Moneys✓ Attest: By: Marian— K. Karr, City Clerk Chezik -Bell City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) L.C., APPLICANT This instrument was acknowledged before me on ALLGs ts-r (o , 2013, by Matthew 7. Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Sa„ d„oty- KA Notary Public in and for the State of Iowa (Stamp or Seal) At, SONDRAE FORT _ Commission Number 159791 Title (and Rank) ow My commissioonExpires No40.ry CORPORATE ACKNOWLEDGEMENT: STATE OF WISCONSIN) ) ss: EAU CLAIRE COUNTY ) This instrument was acknowledged before me bn 2013 by 7Aenh ✓ • ge,,3 as R.Pgl gshh NOOQ pr of Menard /, Inc. Notary Public in /and for said County and State 04ARy _Z~ (Stamp or Seal) PUSV`u h /`� ° Title (and Rank) Mbr7 TF OF W\"; p���� M ,� ColslNflfTi0G1 rr�eYf+�ah4H a.... . 4 ?0 � � .� e � : � # hT 0: / � . \� \ § ,\ \I; / / \ \ y��� \. / \a pill | | ) S §q\©# \R[ \ j;q \| beq � � .� e � : � # hT 0: / � . \� \ § ,\ \I; / / \ \ y��� \. / \a 5!\) ® mq §(. ° D (q \` 1?f� Doc ID: 023066 Kind. SUBDIVISION Recorded: 08/22/2013 at 01:49:06 PM .:®r Fee Amt: $167.00 Page 1 of 31 Johnson County Iowa Kim Painter County Recorder % M 0®; BK5149 P0836 -866 CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240 -1826 (3 19) 356.5000 STATE OF IOWA (3 19) 356 -5009 FAX SS wr•micgov.org JOHNSON COUNTY ) Gl [ 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. 13-244, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 23rd clay of July, 2013, all as the same appears of record in my office. Also attached are the final legal documents for Hickory Pointe tad Addition, Iowa City, Iowa as follows: N 1. Owner's Certificate & Dedication 2. Subdivider's Agreement 3. Opinion ofAttoniey 4. Certificate of Comity Treasurer 5. Certificate of County Auditor 6. Consent of Mortgagee 7. Underground Utility Easement 8. Sanitary Sewer Easement Agreement 9. Temporary Grading Easement Agreement 10. Release of Public Access & Fire Apparatus Easement Agreement 11. Water Main Easement Agreement Si Dated at Iowa City, Iowa, this d � day of �uc,icS i , 2013. ) ar Mar l i K. Karr City Clerk \res subdivision q t cs a! Prepared by: Sarah Walz, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5239 (SUB11 -0006) RESOLUTION NO. 13 -244 RESOLUTION APPROVING THE FINAL PLAT OF HICKORY POINTE, 2" d ADDITION WHEREAS, the owner, Hickory Point, L.L.C., successor -in- interest to Casey Boyd, L.L.C., filed with the City Clerk the final plat of Hickory Pointe, 2 "d 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: HICKORY POINTE, IOWA CITY, IOWA IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 55, AT PAGE 13, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 2.97 ACRES. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2013) 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 of Hickory Pointe, 2n0 Addition, 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. The City shall accept dedication of Outlot A upon satisfaction of the terms and conditions stated in the Subdivider's Agreement. 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, including the release of any easements encumbering the property pursuant to prior platting of this property, 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. A° Resolution No. 13 -244 Page 2 Passed and approved this 23rd day of July , 2013. >z MAYOR Pro tem Approved by ATTEST: ✓ /2�u�� yl� �Gl evvu r�r�rrP9ia CIT CLERK 'City Attorney's Office y /;l-� It was moved by _Payne and seconded by pohyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: X x x_ x x x ABSENT: ABSTAIN: Champion Dickens Dobyns Hayek x Mims Payne Throgmorton pc templates)Final Plat- Resolution Hickory Pointe 2nd doc.tlon \� 0 SPACE ABOVE THIS LINE FOR RECORDER Prepares /Return Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 52240 -3924 319 - 337 -9606 Address: Individual's Name StreetAddress City /State/Zip Phone OWNER'S CERTIFICATE AND DEDICATION HICKORY POINTE 2ND ADDITION A RE SUBDIVISION OF HICKORY POINTE, IOWA CITY, IOWA KNOW ALLL MEN BY THESE PRESENTS: Hickory Point LLC does hereby certify and state that it is the owner and proprietor of the following described real estate situated in Johnson Cowrty, Iowa, to -wit Lots 1, 2, 3, and Outlet A inclusive, Hickory Pointe, a re- subdivision of Lots 39 through 41, First and Rochester, Part One, Iowa City, Iowa, according to the plat thereof recorded in Book 55, Page 13, plat records of Johnson County, Iowa. Hickory Point LLC does further state that the subdivision of said real estate as it appears on the Final Plat of Hickory Pointe, 2 "d Addition, a Resubdivision of Hickory Pointe, Iowa City, Iowa to which this certification and dedication is attached, is with the free consent and in accordance with its desire. The streets, public sidewalks and easements in the subdivision, hereinafter known and designated as Hickory Pointe, 2nd Addition, a Resubdivision of Hickory Pointe, Iowa City, Iowa, are hereby dedicated to the public, as provided by Chapter 354 of the 2013 Code of Iowa, as amended. ryry IN WITNESS WHEREOF, the proprietor has caused these presents to be signed on thisrJ rday of 2013. HICKORY POINT LLC By: Jai Starr, Mem er 1 0 -2- STATE OF IOWA, v4)h\Asu" COUNTY,ss: a I ^" �yy This instrument was acknowledged before me on this day of 2013 by Jason Starr, Member of Hickory Point LLC. iJOSEPH T. MORELAND Gemmisslon Number 738839 My Commission Expires September28, 2014 in and for die state of Iowa. SPACE ABOVE THIS LINE FOR RECORDER Preparer/Return Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 52240 -3924 319- 337 -9606 _ Address: Individual's Name Street Address City /State /Zip Phone SUBDIVIDER'S AGREEMENT HICKORY POINTE, 2ND ADDITION A RESUBDIVISION OF HICKORY POINTE, IOWA CITY, IOWA THIS AGREEMENT made by and between Hickory Point LLC, hereinafter referred to as "Subdivider ", and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the "City"; the prior Subdivider's Agreements recorded in Book 661, Page 52 (First and Rochester, Pant One) and Book 4598, Page 92 (Hickory Pointe, I" Addition) of the records of the Johnson County Recorder's Office are superseded by this Agreement and will have no further effect. WITNESSETH IT IS, THEREFORE, HEREBY AGREED AS FOLLOWS: Section 1. Public Improvements. hi consideration of the City approving the plat of Hickory Pointe, 2nd Addition, a Resubdivision of Hickory Pointe, Iowa City, Iowa, the Subdivider agrees, as a covenant running with the land that, except as provided in this agreement, the City shall not issue any building permit on any lots in said subdivision unless and until Subdivider installs and City accepts the following improvements, hereinafter referred to as "Improvements ". (a) Concrete paving at least 26 feet in width on Hickory Trail. (b) Water mains, storm sewers and sanitary sewers as required by the City. (c) Subdivision erosion control measures as required by the City under its ordinances. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall the Subdivider be deemed acting as the City's agent during the original construction and installation of said Improvements. The parties agree that the obligation to install the hnprovement(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 storm water management requirements for this subdivision are met through the North Branch of the Ralston Creek Regional Storm Water Detention Basin. No additional fees or improvements are required. 0 Section 3. Construction of Improvements. The Improvements described in Section I of this Agreement shall be constructed and installed by the Subdivider according to plans and specifications approved by the City Engineer of the City of Iowa City, who shall have the right to make occasional inspection of the work in progress. Such inspections shall not relieve or release the Subdivider from its responsibility to construct said Improvements in accordance with the approved plans and specifications. Further, said inspections shall not create a duty or warranty on the part of the City that the construction of said Improvements are in compliance with said plans and specifications. Section 4. Sidewalks. The Subdivider agrees to install a sidewalk on the north side of Hickory Trail abutting Lot 1. Said sidewalk shall be at least five (5) feet in width and shall be constructed according to plans and specifications approved by the City Engineer and as per Section 15 -3 -3 of the Iowa City Code of Ordinances. The sidewalk shall be installed abutting Lot I prior to the issuance of an occupancy permit for any building or unit and shall remain a lien on said lot until installed and released by the City and the release duly recorded in the Johnson County Recorder's Office. Section 5. Building Permits and Escrow Monies. If the Subdivider should desire a building permit for a building on any lot in said subdivision before the Improvements have been installed, the Subdivider shall deposit with the City Finance Department, in escrow, an amount equal to the estimated cost of constructing said hmprovements plus ten percent (10 %) thereof divided by the total number of lots in the subdivision (hereinafter "Improvements Escrow "). The City Engineer shall determine the amount of the escrow which shall be collected for each building permit issued prior to the installation of the Improvements. In no event shall a building permit be issued until Subdivider has complied with the requirements of the Conditional Zoning Agreement as set forth in section I1 below. 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 fast 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, store 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 I and the sidewalk as stated in Section 4. Section 7. Use of Escrow Monies. If, after the issuance of an occupancy permit, the Improvements have not been constructed and installed, the City may use funds deposited in the Improvements Escrow to construct and install such Improvements. If the �p -3- 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 hi 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 2013 Code of Iowa, as amended. Further, the cost of such Improvements need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such Improvements. The cost of installing the sidewalks shall be a lien on each lot. It is further agreed that this requirement to construct said Improvements and sidewalks is and shall remain a lien fi onn 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 hr the Office of the Johnson County Recorder, a good and sufficient release for the lots in the subdivision so that this Agreement will not constitute a cloud upon the title of the lots in the subdivision. The Iowa City Mayor and City Clerk are hereby authorized to execute said release, and all other necessary and appropriate releases, with the concurrence of the City Attorney and City Engineer. A separate sidewalk lien release will be issued where appropriate as set forth in Section 4. Section 10. Street Maintenance and Public Services. The Subdivider agrees that public services, including but not limited to street maintenance, snow and ice removal, and recycling and solid waste collection, will not be extended to the subdivision until Hickory Trail is installed and accepted by the City. Section 11. Conditional Zoning Agreement. Subdivider acknowledges that it is bound by the terms and conditions contained in the Conditional Zoning Agreement 11 -4423, passed February 15, 2011, and recorded February 18, 2011, in Book 4723, at Page 913 of the records of Johnson County Recorder. Section 12. Neighborhood Open Space. The City's Neighborhood Open Space Ordinance requires the dedication of 2,659 square feet of property, or the payment of a fee in lien thereof, in connection with this subdivision. Subdivider agrees to satisfy the Neighborhood Open Space requirement by paying the City $7,020.00 hi lieu of dedicating the appropriate square feet of real estate. The amount shall be paid by Subdivider prior to issuance of a building permit for any lot in the subdivision. The subdivision includes certain private common space. The private common space shall be privately owned and maintained by a non - profit corporation formed to own, operate, manage and maintain shared space within the subdivision. The costs to maintain said private common space shall be shared by all owners within the subdivision by the payment of regular dues assessments. Any costs incurred by the City due to the failure of the non- profit corporation to meet said obligations contained herein shall be assessed against and will become a lien on all condominiums within the subdivision. The purpose of the shared, private common space is for the private use and enjoyment of the owners within the subdivision and said private common space shall be installed prior to the City issuing a certificate of occupancy for any condominium unit in the subdivision. LP 4- Section 13. Miscellaneous. (a) All electrical, telephone and cable television service and distribution lines shall be installed underground. (b) Plat notes and surveyor's notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant, or create any third party beneficiaries to any noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any applicable public notice and approval process required by law, to alter or anend any plat note, or to sell or vacate any right -of -way, street, alley, park, easement, open area or other land set apart and dedicated for public use within the plat. The City further reserves the right, upon request of the owner or successor in interest, to vacate the plat and/or relocate any easement, alter lot boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law. Section 14, Binding Effect. This agreement shall inure to the benefit and bind the successors and assigns of the respective parties hereto and shall be construed as a covenant running with the title to the lots within the subdivision, DATED this h j day of J t , ( 2013. HICKORY P T LLC By r I asg Stan, Manager CITY OF IOWA CITY, IOWA By :iSusan Mims, 2fayor -Pro ten ATTEST: BY: Marian K.-Karr, City Clerk STATE OF IOWA, �UY r)J COUNTY, ss: This instrument was acknowledged before me Jason Starr, Manager of Hickory Point LLC. JOSEPH T.MORELAND €emtnission Number 738839 - ioll Mt Commission Expires September 28, 2014 this a �, day of i in and for the state of Iowa. 2013 by qu -5- STATE OF IOWA, JOHNSON COUNTY, ss: d This instrument was acknowledged before me on this 13' day of Juhyt 2013 by Susan Mims, Mayor Pro'tem of'Iowa City, Iowa. I S��rm SONDRAE I-OOR ,, Commission Num MyComm(ssioSa..�I�� OW a0 — Notary Public in and for the state of Iowa. STATE OF IOWA, JOHNSON COUNTY, ss: P� This instrument was acknowledged before me on this a3 ' day of �uIu 2013 by Marian Karr, City Clerk of Iowa City, Iowa. - d1l, SONDRAEFORT ���� t� "AY80 nNumber 15 es i' My Co iml slon Expires Notary Public in and for the state of Iowa. �u SPACE ABOVE THIS LINE FOR RECORDER PreparerlReturie Joseph T. Moreland 120 E. Washington St_ Iowa City, Iowa 52240 -3924 319 - 337 -9606 Address: Individual's Name Street Address 00,&fate Zip Phase OPINION OF ATTORNEY RE: Hickory Pointe, 2nd Addition, "a re- subdivision of Hickory Pointe" Iowa City, Iowa I, Joseph T. Moreland, 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: Lots 1, 2, 3, Hickory Pointe, a re- subdivision of lots 39 through 41, First and Rochester, Part One, Iowa City, Iowa, according to the plat thereof recorded in Book 55, Page 13, plat records of Johnson County, Iowa. and it is hereby certified that fee simple title to said property, to become known as Hickory Pointe, 2nd Addition, "a re- subdivision of Hickory Pointe ", Iowa City, Iowa, is in Hickory Pointe, LLC, free and clear of all liens and encumbrances except for a mortgage to Central State Bank recorded April 25, 2013, in Book 5082, Page 728, of the records of the Johnson County Recorder's Office. Dated at Iowa City, Iowa this day of July, 2013. Jo h T. reland AT0005472 Ha ek, Bro vn, Moreland & Smith, L.L.P. 120 ast Washington Street Iow City, Iowa 52240 -3924 319 37 -9606 telephone; 319/338 -7376 facsimile E -r il: morelaud ti hhbmlaw.com SPACE ABOVE THIS LINE FOR RECORDER PreparedReturn Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 52240 -3924 319- 337 -9606 Address: Individual's Name Street Address 00,/State Zip Phone CERTIFICATE OF COUNTY TREASURER Re: Hickory Pointe 2nd Addition "a re- subdivision of Hickory Pointe" Iowa City, Iowa. I, the undersigned, Treasurer of Johnson County, Iowa, or deputy thereof, hereby certify that the following described property, also known as Hickory Pointe, 2nd Addition, "a re- subdivision of Hickory Pointe ", Iowa City, Iowa, is free from taxes or special assessments in the office of the Treasurer of Jolmson County, Iowa, and legally described as follows: Lots 1, 2, 3, Hickory Pointe, a re- subdivision of lots 39 through 41, First and Rochester, Part One, Iowa City, Iowa, according to the plat thereof recorded in Book 55, Page 13, plat records of Johnson County, Iowa. DATED at Iowa City, Iowa, this day of -:yU 1 j 2013. Thomas L. Kriz Johnson County Treasurer Parcel Number: 1001356001 Parcel Number: 1001356002 Parcel Number: 1001356003 SPACE ABOVE THIS LINE FOR RECORDER Preparer/Retta n Joseph T. Moretan_d 120 E. Washington St. Iowa City, Iowa 52240 -3924 319- 337 -9606 Address: Individual's Name StreetAddress Ciq /Stnte Zip Phone CERTIFICATE OF COUNTY AUDITOR Re: Hickory Pointe, 2nd Addition "a re- subdivision of Hickory Pointe" Iowa City, Iowa. I, Travis Weipert, the Johnson County Auditor, hereby approve of "Hickory Pointe, 211d Addition, a re- subdivision of Hickory Pointe" as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: Lots 1, 2, 3, Hickory Pointe, a re- subdivision of lots 39 through 41, First and Rochester, Part One, Iowa City, Iowa, according to the plat thereof recorded in Book 55, Page 13, plat records of Johnson County, Iowa. DATED at Iowa City, Iowa, this =+Wday of 2013. i �, ✓ L%.� air -� Travis Weip rt` Johnson County Auditor - I" SPACE ABOVE THIS LINE FOR RECORDER Preparer/Return_ Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 52240 -3924 ddress: Individual's Name Street Address City /Stale /zip Phone CONSENT OF MORTGAGEE Hickory Pointe 2nd Addition "a re- subdivision of Hickory Pointe" Iowa City, Iowa, the undersigned, for and on behalf of Central State Bank, hereby states that Central State Bank is the mortgagee of a mortgage fi•om Hickory Pointe LLC recorded April 25, 2013 in Book 5082, Page 728 of the records of the Johnson County Recorder's office, Johnson County, Iowa, on the following described real estate: Lots 1, 2, 3, Hickory Pointe, a re- subdivision of lots 39 through 41, First and Rochester, Part One, Iowa City, Iowa, according to the plat thereof recorded in Book 55, Page 13, plat records of Johnson County, Iowa. Central State Bank hereby consents to the re- subdivision of the above - described real estate by Hickory Point, LLC, and releases all streets, easements and other areas to be dedicated to the City of Iowa City as shown on the final plat from the lien of its mortgages. In Dated at V o W) =,Q , Iowa, this � Y4ay of , 2013. (U CENT STATE BANK E N12) - STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me this 22p ay of , 2013, by Vpp )tr{n, V CA& , as e eD of Central Stale Bank. FORGES �� i� Commission Number 714716 Notary Public in an for the State of Iowa. My Commiss on Expires I" is SPACE ABOVE THIS LINE FOR RECORDER PreparerlReturn Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 52240 -3924 319 - 337 -9606 Address: Individual's Nance Sheet Address Cit}dSlate &ip Phone UNDERGROUND UTILITY EASEMENT HICKORY POINTE 2ND ADDITION A RESUBDIVISION OF HICKORY POINTE, IOWA CITY, IOWA In consideration of one dollar and other good and valuable consideration, receipt of which is hereby acknowledged, Hickory Point LLC (tire "Grantor "), hereby grants and conveys to MidAmerican Energy, Qwest Communications International, Inc. and Mediacom (the "Grantees "), and their successors, a perpetual easement upon, over, under, along and across the areas designated as "Sanitary Sewer, Watermain, and Utility Easements" and "Utility and Sanitary Sewer Easements" as shown on the final plat of Hickory Pointe, 2 "d Addition, a Resubdivision of Hickory Pointe, Iowa City, Iowa ( "easement areas "); the prior Underground Utility Easements recorded in Book 661, Page 52 (First and Rochester, Part One) and Book 4598, Page 92 (Hickory Pointe, 1" Addition) of the records of the Johnson County Recorder's Office are superseded by this Agreement and will have no farther effect. The Grantor further grants the following rights in connection with the above: The Grantees of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purpose of serving the Hickory Pointe subdivision (the "Subdivision ") and other property with electricity, gas, and communication service; the right to trim, out down and remove such trees, brush, saplings and bushes as may interfere with the proper construction, maintenance, operation or removal of said facilities, equipment and appurtenances; and the right of ingress and egress for all of the purposes aforesaid. Grantees shall promptly backfill any trench made by them, and repair any damages caused by them within the easement areas. The Grantor, its successors in interest and assigns, reserves the right to use said easement areas for purposes which will not interfere with the Grantee's full enjoyment of rights hereby granted; provided that the Grantor shall not erect or construct any structure, reservoir, retaining wall or other obstruction on said areas. No permanent dwellings or trees small be placed on the areas so designated for utility easement but, with advance written authorization from the Grantee's representatives, the same may be used for gardens, shrubs, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. Grantee's rights, however, include the right to remove and/or clear away any such landscaping improvements within tine easement areas without compensation to Grantors or their successors in Interest. SIGNED this day of 2013. is 2- GRANTOR: HICKORY POINT LLC By: 1�2,w,- Jasyltarr, Member 'GRANTEES: MIDAMERICAN ENE CO. By: QWEST COMMUNICA M LIN STATE OF IOWA, -JUh COUNTY, ss: This instrument was acknowledged before nre on this ��' day of Jason Starr, Member of Hickory Point LLC. ll,ow 041 r JOSEPH T. MORELAND ; Gemmission Number 736639 My Commission Expires ' Se ptember 26, 2014 wt� ,2013 by SPACE ABOVE THIS LINE FOR RECORDER Prepare /Return Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 52240 -3924 319- 337 -9606 __ Address: Individual's Name Sheet Address Cgy1Stnte 1Zi Phone SANITARY SEWER EASEMENT AGREEMENT HICKORY POINTE 2ND ADDITION A RESUBDIVISION OF HICKORY POINTE, IONVA CITY, IOWA THIS AGREEMENT, made and entered into by and between Hickory Point LLC ( "Owner "), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the "City "), which expression shall include its successors in interest and assigns; the prior Sanitary Sewer Easement Agreement recorded in Book 4598, Page 92 of the records of the Johnson County Recorder's Office is superseded by this Agreement and will have no further effect. 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, 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, Watermain, and Utility Easement ", "Utility and Sanitary Sewer Easement ", and "Sanitary Sewer Easement" as shown on the final plat of Hickory Pointe, 2nd Addition, a Resubdivision of Hickory Pointe, Iowa City, Iowa, hereafter described as "easement area." Owner further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut clown and clear away any and all trees and brush on said easement areas and also to trim, cut down and clear away any trees on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said easement areas, or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement areas. The City shall indemnify Owner against unreasonable loss or damage which may occur in the -2- 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 the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Any such improvements placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and Owner has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvennent(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. HICKORY POINT LLC By: Jaso tarn, Member CITY OF IOWA CITY, I�OWA By.ir Susan Mims, MayoA Pro tern By:C Ltri/ yf - Marian K. Karr, City Clerk STATE OF IOWA,�—)'�" ',S" ^ COUNTY, ss: a This instrument was acknowledged before me on this of •� Vv f 2013 by Jason Starr, Member of Hickory Point LLC. in and for the state 3- STATE OF IOWA, JOHNSON COUNTY, ss: This instrument was acknowledged before nre on this a3 ' day of 2013 by Susan Mims, Mayor Pro tern of Iowa City, Iowa. o�e�atm SONDRAEFORi a Commission Number 159791 My Co mission Exp res Notary Public in and for the state of Iowa. row / 7 STATE OF IOWA, JOHNSON COUNTY, ss: lra This instrument was acknowledged before me on this a 3 day of wa 2013 by Marian Karr, City Clerk of Iowa City, Iowa. ° FIG s SONDRAE FORT s6"d^a-' commisslon Number 159791 Notary Public in and for the state of Iowa. M Co misslonExplres .3 9 A,) W1 101 HAL Prepared by and after recording return to: Michael J. Pugh One South Gilbert Street (3 t9) 466 -1511 Bradley & Riley PC Iowa City, IA 52240 Pax: (319) 358 -5560 TEMPORARY GRADING EASEMENT AGREEMENT THIS AGREEMENT, made and entered into by and between ACT, Inc., an Iowa nonprofit corporation, hereinafter referred to as "OWNER ", which expression shall include its successors in interest and assigns, and Hickory Point, LLC an Iowa limited liability company, hereinafter referred to as "HICKORY ", which expression shall include its successors in interest and assigns. In consideration of the mutual covenants and agreements contained herein and other valuable consideration OWNER and HICKORY agree as follows: OWNER states and covenants that it is the OWNER of certain real estate described on the attached Exhibits "A" and "B ", by virtue of legal and /or equitable title, that it is lawfully seized and possessed of said real estate, and that it has good and lawful right to convey this easement. 2. OWNER does hereby grant and convey to HICKORY a temporary grading easement on, over and across those portions of OWNER'S property described and shown on the Easement Plats attached hereto as Exhibits "A" and "B" as "Temporary Grading Easement" (hereafter "Temporary Easement Area ") for the purpose of grading, excavation, piling of dirt, storage of materials and equipment, replacement of topsoil, restoration of ground cover, and ingress and egress of persons and equipment to the Temporary Easement Area, as needed to complete grading in accordance with the grading plan therefor approved by the City of Iowa City, Iowa ( "CITY ") attached hereto as Exhibit "C" and incorporated by reference herein (hereafter "Grading Plan "). 3. The term of this Temporary Grading Easement shall commence July_, 2013, and shall automatically terminate and become non - existent after grading is completed and accepted by the City of Iowa City, Iowa and HICKORY's obligation to restore the Temporary Easement Area under Section 6 is complete or in any event no later than August 1, 2014, unless extended by mutual written agreement of the parties. If HICKORY's obligation to restore the Temporary Easement Area under Section 6 is not completed by August 1, 2014, and the parties have not by written agreement extended [01518533.DOC) I � this Temporary Easement, then OWNER may thereafter complete any incomplete restoration, and HICKORY shall reimburse OWNER the reasonable costs thereof upon invoice. 4. With respect to the Temporary Grading Easement, OWNER grants the following rights: a. HICKORY shall have the right to make excavations within the Temporary Easement Areas, and to grade as HICKORY may find reasonably necessary and consistent with the Grading Plan. HICKORY covenants and agrees to obtain any required permits and governmental approvals for such grading work; protect such excavations and grading; promptly fill said excavations following grading; implement all required and otherwise reasonable erosion control measures to prevent erosion and protect storm water runoff; and to hold OWNER harmless from third party liability arising from such excavation and grading work. b. HICKORY shall promptly backfill any trench made by it, and repair any damages caused by HICKORY within the Temporary Easement Area and to other of OWNER'S real property, except for loss that may be occasioned by a diminution in business or personal use of the Temporary Easement Area during the term of the easement. C. HICKORY shall indemnify, defend and hold harmless OWNER against any and all third party claims for loss or damage that occurs as a result of HICKORY's acts or omissions in the exercise of its easement rights herein. This Paragraph 4.c. shall survive the termination of this Temporary Grading Easement. d. HICKORY shall have the right to hhn or remove all trees and brusli that may interfere with the exercise of HICKORY's rights pursuant to this Temporary Easement Agreement. e. HICKORY shall be responsible to OWNER'S Tenant for any damages caused to such tenant's crop arising from the exercise of HICKORY's rights pursuant to this Temporary Easement Agreement. Prior to commencing work within the Temporary Easement Area, HICKORY shall negotiate and reach written agreement with such tenant as to a mutually acceptable crop damage settlement if any crops have been planted in the Temporary Easement Area. Thereafter, in accordance with such agreement, HICKORY shall timely pay the damage amount to the tenant and hold Owner harmless therefrom. This Paragraph 4.e. shall survive the termination of this Temporary Grading Easement. HICKORY covenants and agrees that existing fences, underground drainage tile or other site features within the Temporary Easement Area that are removed or disturbed shall, to the extent reasonably possible, be repaired, replaced or otherwise restored by HICKORY to provide the same functionality and be of the same or better quality to conform with such features or items removed or disturbed during construction. (01518533.DOC) 2 ''t 6. HICKORY covenants and agrees to remove and stockpile existing topsoil from areas to be excavated. Following the grading, all areas within the Temporary Easement Area that are disturbed will be graded to form a uniform slope, and the topsoil shall be replaced and re- spread over disturbed areas, thereby restoring said area substantially to its prior condition. HICKORY shall reseed the Temporary Easement Area and maintain erosion control measures consistent with municipal permits and ordinances and other good practices, until the Temporary Easement Area is stabilized and substantially restored to its prior condition. HICKORY will be responsible for reseeding and refilling any areas damaged by erosion during the restoration process. Once the Temporary Easement Area has been restored to substantially its prior condition, and except as expressly provided in this Temporary Easement Agreement, HICKORY shall have no further responsibility for maintaining the Temporary Easement Area. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, shall during the term of the Temporary Grading Easement be deemed a covenant that runs with the land and with the title to the land, and shall be recorded in the Johnson County Recorder's Office, at HICKORY's expense. 8. All rights and obligations of HICKORY herein shall be at HICKORY's sole cost and expense. 9. HICKORY or HICKORY's successors in interest shall be solely responsible for accommodating overland stormwater drainage, if any, from the Temporary Easement Area onto HICKORY's property. This Paragraph 9 shall survive the termination of this Temporary Grading Easement. 10. This Temporary Grading Easement is further conditioned upon HICKORY developing and grading the HICKORY property consistent with the grading plan and site plan approved by the City. 71. SIGNED this 7 day of 2013. OWNER HICKORY ACT, INC. By:� Jon Ti tnrore, President and Chie ecutive Officer By: Thomas J. Goedken, Treasurer and Chief Financial Officer HICKORY P $ , LLC By: �- jaT Xii P. Starr, Manager (0 IS 18533.DOC) 3 0 STATE OF IOWA, JOHNSON COUNTY ) ss: This instrument was acknowledged before me on this ill' day of - UJ- 2013 by Jon Whitmore as President and Chief Executive Officer of ACT, Inc. U Ga.V C.mILLERss,oa, 1Cv^tz.r745926 pites V ',te 01 STATE OF IOWA, JOHNSON COUNTY ko'(\(, U' , I L f- NOta y Public in and for said State My Commission Expires 3 :Z 0 1 of �) ) ss: This instrument was acknowledged before me on this 7 "` day of Avgo 2013 by Thomas J. Goedken as Treasurer and Chief Financial Officer of ACT, Inc. ` eJ4' "r,' MEGAN C MILLER F i Commission Number 745926' ,My Commission Expires wW 3-:2a loin STATE OF IOWA, JOHNSON COUNTY y/'ra (- . NtiA ( Notary Public in and for said State My Commission Expires 3 Ju 4011ni ) ss: This instrument was acknowledged before me on this % day of 2013 by Jason P. Starr, as Manager of Hickory Point, LLC. Notai y Public in and for said State My Commission Expires y' -Z t -- /y f 01518533.DOC) 4 1�0 EXHIBIT A EASEMENT PLAT TEMPORARY GRADING EASEMENT LEGEND AND NOTES P'e ". 11 1, - -Cl'IE EENCR 3FA WE55 FOED Cf e^v[x$,ll [a4TS3.4IFt CI 121 AV' WYID4G �Sy 4G N 0 rks�w Bzgrsig ai Ne Sa,Uxesi t Bo'k 5. •iN d' Plat Uceolr —tl F Plat Book 54 ut PaSx 11�N Ua ¢ands CI Nz . tl C.. Re<mtl•Jz It. I'm 1146"SI'21M 6].64 feeE 1Fenca NII52'13t 6207 reeh R.s�<e Nd6'b'36t 24.41 feet, lnmca N55'. 2TE. I }63 leet loo Pont j Ne M'esl fne or fea Ito s& PoMa IDn<a !,, 2 2'G 6m9 sa'0 Keel fne. IIy.]0 feel, la zdtl Pdnl of 6e-lo <cnlGnlny O0d ave, (3,39] square rez0, wa N6J<[t a zn :ena,la .a re :m<um. or ,z«.6. Axk z t .11 CIWL ECINEER.N L4 PWINERS WO SURYSIURS WISC!PS !A;IRIl EhiN-0T ltl EP&TWIS 1911SG45ERTST. MAC .WNA62240 (319)3514302 HNWJM1TS W (ISV%311i9.RC( 61410 ST. SW SURE C CEOMPAPWS.10VIA52404 (319)"15155 ae Ob41M PFAJELPEI,2N JIXd 0^1203 PEVi5]i£0.0JET SJI 4102W PkAGRY PCfF:I J]`l 051241 PcRJELRF"iflV U.6 EASEMENT PLAT TEMPORARY GRADING EASEMENT A PORTION OF THE g SE 1145E 1148 EC 21]SN -R6'N g OF THE FIFTH P.M. S IOWA CITY, JOHNSON COUNTY, IOWA MMS CONSULTANTS, INC. % °GC' 04/08/13 a o-..w A*JEL SY:IIa 9 s IC 85) 300] 0 EXHIBIT B EASEMENT PLAT TEMPORARY GRADING EASEMENT LEGEND AND NOTES a a = 0 E.S ..,000 .L., L.a NR[.e. PROPRIE(OC nR tvc. SURfE( REOUESSEO OT' Wt'AOW Pose uc ve.9a os svavRr: a]ana c Ra .R .it -, .¢ng ct N> r ro,or t hPlotl Hovey. el P n Eonm " e. %al Uce>r3r c.'t' a Plot Bak 55. at a It tJ. In Ue .1 IM1> Y.'esl tA> efsa+l5:T A P(Ll. e%5 fesl, to Na .. .1 Tit... In H 7V212'4. 1. feet (eel o ,It -ell 2eWt 49.39 lex� Rmcx N]]tl2'12'E, ]0.]5 feel, t0 o pot,l feet ell W"d ine: IDentt SWU2'SYE, ,' L..02 , Ihn IOU{ feet), 1> -,t Po'nl of Be9rnln5, ca-4 0.02 o q (1.070 youe feel), anJ sue)cet to N..,,.,,1. ene ,. :�xlme ar eeewe. CML EWINUUa LA)N PIANN6R4 LWD SURN YOM GNDECAFE AP,CHLTiCS rk}vmavnTU. em^In3ary IOWA GTY,6WA 624I (319)3514282 CEDAR PPPNS, I6WA52403 T(319)P41 5169 "I MI I�hg LS241 F'AAREY4IY -LLS EASEMENT PLAT TEMPORARY GRADING EASEMENT A PORTION OF THE 9 SE 1NSE MSEO2 -P)9 A64 d OF THE FIFM P.M. E IOWA CITY, JOHNSON COUNTY, IOWA F MMS CONSULTANTS, INC. 418M3 s s amn N Ll5 scde, 1 _�, A uecrea h,JEL veer ea 3 woyal Rn, 1 lO 0323002 u, i OD 9 xa: t ggt z 3 o 34, °He' ata gS� qu.lt.z OD aza Eta t. Hai= caw° Ia. Ed 1 4 E" ! ®Q��OOO OO .4ggg 1 P'P gpHqp��cj�jH $5: @. ail �•° S`iI § 5 IN 11e1i 11� tPpti111 '� �@�! ? w gt 't qY FeP 9 fillp `gSSg 3 i i `i [H��3 5Pz 7@ 141g[3€ e f9 `9 g`a3 55 tHal y9�e €: ! �e : €3 €3? gxg yyE H Axel $t��9x :3� i F 1 p ' 3gA a S H� €° �® e5 £PFg [ x e S 9 a R e R114t- p€3 5[{4 gg 114 (s ill g pp yy i@ Eva 559 99 IN ! qq g ; g' 9 1IN I Hg @'� e¢2d i pp 9a €=, `aP i � 3 ` § ti [ �aa oa v z a z ail SPACE ABOVE THIS LINE FOR RECORDER PreparerlRetu n Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 52240 -3924 319- 337 -9606 _ Address: Individual's Name SireetAddress GITIStale/Zip Phone RELEASE OF PUBLIC ACCESS AND FIRE APPARATUS EASEMENT AGREEMENT Hickory Pointe, a resubdivision of Lots 39 — 41, First and Rochester, Part One, Iowa City, Iowa COMES NOW Hickory Point LLC, as successor in interest to Casey Boyd, LLC ( "Owner ") and the City of Iowa City (tire "City") and hereby release the perpetual public access easement and city service access easement upon, over, under, along, and across the area designated as "20.0' wide common access easement ", as shown on the final plat of Hickory Pointe, a resubdivision of Lots 39 — 41, First and Rochester, Part One, Iowa City, Iowa. The original public access and fire apparatus agreement was recorded with subdivision documents on June 3, 2010, in Book 4598, Page 92 of the records of the Johnson County Recorder's Office. The final plat of Hickory Pointe, 1" Addition was recorded June 3, 2010, in Plat Book 55, Page 13, of the records of the Johnson County Recorder's Office. The public access and fire apparatus easement agreement is hereby released in its entirety. Owner covenants with the City that it is lawfully seized and possessed of the real estate above described and the Owner has good and lawful right to release the easement. SIGNED this (r °, day of '� `� , 2013. HICKORY POINT LLC By: /2 C;&� J t tarn, Member CITY OF IOWA CITY, IOWA By: Le ---01 IrVLMme. Susan Ifims,' lfay r Pro tern 2- By: � . LCGG I✓� x-, . 74Z1'/ Marian-1C. Karr, City Clerk STATE OF IOWA,. —"'Y\ COUNTY, ss: This instrument was acknowledged before me on this --� day of Jason Starr, Member of Hickory Point LLC. W JOSEPH T. MORELAND 3emmisslon Number 738839 My Commission Expires September 26, 2614 STATE OF IOWA, JOHNSON COUNTY, ss: J W ] 2013 by This instrument was acknowledged before nic on this d2S day of i) 2013 by Susan Mims, Mayor Pro tern of Iowa City, Iowa. Ns( I e, s SONDRAE FORT ,.; � Commission Number 159701 My Co missl�q Expires ww 897 b STATE OF IOWA, JOHNSON COUNTY, ss: Notary Public in and for the state of Iowa. This instrument was acknowledged before n1e on this acv d day of 2013 by Marian Karr, City Clerk of Iowa City, Iowa. A00 SONDRAEFOR'C Commission Number159791 My Co mission Expires Notary Public in and for the state of Iowa. 9 BO/ VI L) SPACE ABOVE THIS LINE FOR RECORDER Prepares ✓Return Joseph T. Moreland 120 E. Washington St. Iowa City, Iowa 52240 -3924 319- 337 -9606 Address: Individual'sAfame AreetAddress City/State/Zip Phone WATER MAIN EASEMENT AGREEMENT This Agreement is made and entered into by and between Hickory Point, LLC ( "Owner/Developer ") and the City of Iowa City, Iowa ( "the City"), which expression shall include all successor and interest and assigns. IT IS HEREBY AGREED as follows: For the sum of $1 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner /Developer hereby grants and conveys to the City an easement for the purpose of excavating for and the installation, replacement, maintenance and use of water line pipes, mains, and conduits as the City elects for conveying water, with all necessary appliances and fittings, for the use in connection with the same, together with adequate protection thereof, and also a right of way, with the right of ingress and egress thereto, over and across the areas depicted as water main easement on the final plat of Hickory Pointe, 2 " Addition, a Resubdivision of Hickory Pointe, Iowa City, Iowa ( "easenent areas "). The Developer further grants the following rights in connection with the above: 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 damage caused by the City within the easement area. The City shall indemnify Owner /Developer against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein the City shall have no responsibility for maintaining the easement area. 3. Owner /Developer reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that Owner /Developer shall not erect or construct any building, fence, retaining wall or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or duninish or substantially add to the ground cover over said easement areas. Any such improvements placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. ti -2- 4. Owner /Developer does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and has good and lawful right to convey it, or any part thereof. 5. Nothing in the agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein, nor shall Owner /Developer be deemed acting as the City's agent during the original construction and installation of said improvement Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and obligation shall remain on Owner /Developer until completion and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective panties hereto, and all covenants shall apply to and run with the land and with the title to the land. SIGNED this day of J w 2013. GRANTOR: HICKORY POINT LLC By: J se arr, Memb CITY OF IOWA CITY, IOWA By: Susan Mims, Mayot Pro tern By: %If�LLt��r/ 9C�r Marian C Kan-, City Clerk STATE OF IOWA, -)b ""A) COUNTY, ss: � may. This instrument was acknowledged before men this r� day of f n 2013 by Jason Stair, Member of Hickory Point LLC. {J or JOSEPH T. MORELAND / CommYmission Number 7738939 ` MSepember 26.2 X014 s ow No ry hlic in and for the state of Iowa. STATE OF IOWA, JOHNSON COUNTY, ss: ,rd 1 This incrrumept was acknowledged before me on this a3 day of kLlj 2013 by Susan Mims, Mayor Pro tem of Iowa City, Iowa. +49'�u F ONDRAE POR1' i'" ° ission Number 159791 Commission Expires Notary Public in and for the state of Iowa. 91.1V/5 U 3- STATE OF IOWA, JOHNSON COUNTY, ss: This instrument was acknowledged before me on this d3- rd day of JJ 2013 by Marian Kan', City Clerk of Iowa City, Iowa. %A,, �T-n-t30NDRAE FOR �o+`� 'on,misston Number 158791 Notu Public in and for the state of Iowa. My con, isslon/Expues Y • 3 V e c- I (IIII II 111111 III VIII (IIII VIII VIII (IIII VIII (IIII VIII VIII (IIII VIII IIII IIII Doc ID: 023070830008 Type: GEN Kind: ORDINANCE Recorded: 08/27/2013 at 01:14:08 PM Fee Amt: $42.00 Pape 1 of 8 Johnson County Iowa Kim Painter County Recorder :i1i��i�l•I� STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No. 13-4541 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20th day of August, 2013, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 26th day of August, 2013. K - &52,&d Marian K. Karr City Clerk \ord CORPOR/UlE SEAL 410 EAST WASHINGTON STREET 6 IOWA CITY, IOWA 52240 -1826 e (319) 356 -5000 e FAX (319) 356 -5009 `r r Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ13- 00016) ORDINANCE NO. 13 -4541 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 1.12 ACRES OF PROPERTY, LOCATED SOUTH OF ROCHESTER AVENUE ON THE EAST SIDE OF EASTBURY DRIVE, FROM COMMUNITY COMMERCIAL (CC -2) TO MIXED USE (MU). (REZ13- 00016) WHEREAS, the applicant, Larry E. Bell, has requested a rezoning of property located south of Rochester Avenue on the east side of Eastbury Drive from Community Commercial (CC -2) to Mixed Use (MU); and WHEREAS, the Comprehensive Plan indicates that the subject property is appropriate for a mixed use neighborhood commercial center; 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 adherence to the submitted site plan and approval by the Design Review Committee; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the applicant has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of CC -2 to MU: LEGAL DESCRIPTION Beginning at the Southeast corner of Lot 46, Old Towne Village, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 49, at Page 321, in the Records of the Johnson County Recorder's Office; thence S89 039'39 "W, along the south line of said Lot 46, a distance of 2.39 feet; thence southwesterly, 110.00 feet, along said south line, and an arc of a 780.00 foot radius curve, concave southeasterly, whose 109.91 foot chord bears S85 °37'14 "W, to the southwest corner thereof; thence N57 001'51 "W, along the west line of said Lot 46, a distance of 23.79 feet; thence N15 °03'15 "W, along said west line of Lot 46, and the west line of Lot 47 of said Old Towne Village, 260.54 feet; thence N29 °56'45 "E, along said west line of Lot 47, a distance of 22.63 feet, to the northwest corner thereof; thence N74 °56'45 "E, along the north line of said Lot 47, a distance of 159.91 feet; thence S15'03'1 5"E, 125.46 feet, to a point on the east line of said Lot 47; thence S00 022'52 "E, along said east line, and the east line of said Lot 46, a distance of 182.41 feet, to said Point of Beginning, containing 1.12 acres, and subject to easements and restrictions of record. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Al Ordinance No. 13 -4541 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 20thday of August , 2013. MAYOR ATTEST: 2? Aue"' 2 CITY CLERK Approved by L City Attorney's Office 1 (� a\ Ordinance No. 13 -4541 Page 3 It was moved by Mims and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton First Consideration 8/6/2013 Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Champion, Dickens, NAYS: Throgmorton: ABSENT: None. Second Consideration _ Vote for passage: Date published 8/29/2013 Moved by Mims, seconded by Champion, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally pas ,ed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final pasuage at this time. AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne. NAYS: Throgmorton. ABSENT: None. AA Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5240 (REZ13- 00016) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Larry E. Bell (hereinafter "Owner "). WHEREAS, Owner is the legal title holder of approximately 1.12 acres of property located on Eastbury Drive; and WHEREAS, the Owner has requested the rezoning of said property from Community Commercial (CC -2) to Mixed Use (MU); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding general conformance with the submitted site plan and review and approval by the Design Review; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan, the need for approval of the submitted site plan by the Design Review committee and adherence to the site plan; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Larry Bell is the legal title holder of the property legally described as: Beginning at the Southeast corner of Lot 46, Old Towne Village, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 49, at Page 321, in the Records of the Johnson County Recorder's Office; thence S89 °39'39 "W, along the south line of said Lot 46, a distance of 2.39 feet; thence southwesterly, 110.00 feet, along said south line, and an arc of a 780.00 foot radius curve, concave southeasterly, whose 109.91 foot chord bears S85 °37'14 "W, to the southwest corner thereof; thence N57 °01'51 "W, along the west line of said Lot 46, a distance of 23.79 feet; thence N15 °03'15 "W, along said west line of Lot 46, and the west line of Lot 47 of said Old Towne Village, 260.54 feet; thence N29 °56'45 "E, along said west line of Lot 47, a distance of 22.63 feet, to the northwest corner thereof; thence N74 °56'45 "E, along the north line of said Lot 47, a distance of 159.91 feet; thence S15 °03'15 "E, 125.46 feet, to a point on the east line of said Lot 47; thence SOO °22'52 "E, along said east line, and the east line of said Lot 46, a distance of 182.41 feet, to said Point of Beginning, containing 1.12 acres, and subject to easements and restrictions of record. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Northeast District plan. Further, the parties ppdadnVagVrez13 -00016 cza drait.doc 1 1 acknowledge that Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. General adherence to the submitted site plan attached here to and by reference made part of this agreement. b. Approval of the building design by the Design Review committee. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2013), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. The Owner 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. Dated this 201"' day of ALL :4u s+ 2013. A6f - Applicant By: CITY OF IOWA CITY Matthew,,,Hayek, Mayor 14; Attest: 0 ppdadm /a9Vrez13-00016 cza drAd. 2 j. ( Mar - -NK. Karr, City Clerk By: Approved by: ') 1i)P0r mIE j"Aj, ity AttornkOf ce ] - ' i�/�3 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on / fv uS - -2d- /,'2013 by Matthew ^Hayek Q: and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. K . % mil✓ Notary Public in and for the State of Iowa (Stamp or Seal) Ell' sF KELLIEK.TTU 2 r commsslan Number 221819 My qo Is.on Expires Title (and Rank) - INDIVIDUAL ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this c2, I-yi day of - wGz� 20 5, before me, the undersi ned, a Nota Public in and for said County, in said State, te, personally appeared L r rt a� cl-t c. 2J e / , to me known to be the identical personfsl named in and ho exed ed the within and foregoing instrument, and acknowledged that (he /she /they) executed the same as (his /her /their) voluntary act and deed. KELLIE K. TUTTLE of s Commissfon Number 221819 VMY Co miss] n Expires Notary Public in and for the State of Iowa My commission expires: ppdadMagVrezU W016 cza drefi.doe 3 0 \ :\ ■ • #6\00 + *# (Do k ; (,§\\ X0 // \ � O- Q §)§ ( w 90H )o C) §( \! :\ ■ • #6\00 + *# (Do k ) §!] \, / (\\ ; 2(E; ! / � `« �§ \ #,0 :\ ■ • #6\00 + *# (Do k �GL Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356 -5230 DIIIIIIIIIIIIII III�lllllllllll�lllll' IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doe ID: 023079620006 Type: GEN Kind: DECISION DECISION Recorded: $32.00 /Pape Itof 1638:36 AM IOWA CITY BOARD OF ADJUSTMENT Johnson county Iowa WEDNESDAY, JULY 10, 2013 Kim Painter County Recorder EMMA J. HARVAT HALL BK5 i55 PD596 601 MEMBERS PRESENT: Becky Soglin, Larry Baker, T. Gene Chrischilles, Brock Grenis MEMBERS ABSENT: None. STAFF PRESENT: Sarah Holecek, Sarah Walz, Tim Hennes E30 02 ~o OTHERS PRESENT: Mark McCallum, Pam Michaud, Steve Kohli, Doug Fer nd '!Kurk rn r SPECIAL EXCEPTION ITEMS: 1. EXC13- 00010: An application submitted by Mark McCallum for a special exemption to allow a Bed and Breakfast Inn in the Low Density Multi- family Residential (RM -12) zone at 113 South Johnson Street. The Board finds that the applicant, Mark McCallum, has indicated that he will establish the property as his principal residence; in order for a rental permit to be issued for the establishment of the use, the applicant is required to provide evidence to the housing official that this is his principal residence. The Board finds that the property currently has 5 bedrooms. Though the applicant plans to modify the interior of the house to create suites, he may provide no more than 5 bedrooms or suites for use by guests. The Board finds that the site plan provided with the application shows the opportunity to provide up to 4 parking spaces from the driveway access from S. Johnson Street in addition to at least one conforming parking space off the alley. The Board finds that the applicant does not propose to have any non- resident employees for the Bed and Breakfast Inn. The Board finds that the applicant does not propose to have any roomers at this time, and that if a room is rented on a more long -term or permanent basis, the applicant or owner will be required to reduce the number of rooms allowed for short -term rental to comply with the occupancy requirements in the code. The Board finds that the applicant has agreed to install the code required fire protection, including hard wired smoke detectors in each guest room, exit signage, and a fire extinguisher on each floor. The Board finds that installation of the appropriate fire protection is reviewed as part of the building permit and rental permitting processes. The Board finds that every two years, the operator must obtain a rental permit authorizing this use from the City after establishing compliance with City ordinances. The Board concludes that the specific proposed exception to allow a Bed and Breakfast Inn will not be detrimental to or endanger the public health, safety, comfort or general welfare so long as the applicant complies with all required standards with regard to fire protection. Regular rental inspection will help to ensure compliance with all building code requirements. �\p The Board finds that, under the sign regulations, signage identifying the Bed and Breakfast Inn is limited to one non - illuminating sign not to exceed 2 square feet in area. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity, will not substantially diminish or impair property values in the neighborhood, and will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located based on the following findings: N ® The subject property is in a transitional area —a residential zoQ9 adjagggnt to commercially zoned property and property zoned for multi- farq%cca� tlse ® The proposed site plan shows room for the minimum requirectparKina ffor t e and is within one block of a municipal parking structure. .-+ C") .c' ;tr The Board finds that adequate utilities, access roads, drainage and/or n alZ7acili have been or are being provided. CD The Board.concludes that adequate measures have been or will be taken to prbVide, ingress or egress designed so as to minimize traffic congestion on public streets, based on the following finding: The proposed Bed and Breakfast Inn may provide only 5 guest rooms and thus is not anticipated to generate significant traffic. The Board finds that all zoning issues not specifically reviewed as part of this special exception will be considered during the building permit process to ensure compliance with applicable standards and regulations. The Board finds that the Comprehensive Plan does not address this issue directly but does encourage investment in the neighborhoods and the preservation and re -use of historic properties. Any modification to the exterior of the structure must comply with the Historic Preservation Standards. DISPOSITION: By a vote of 4 -0 the Board approves EXC13- 00010, a special exception to allow a Bed and Breakfast Inn at property in the RM -12 zone at 113 South Johnson Street, subject to substantial compliance with the submitted site plan. A building permit is required in order to establish the use. 2. EXC13- 00011: An application submitted by Faith Academy for a special exception to allow a General Education Facility on property located in the Community Commercial (CC -2) zone at 1030 Cross Park Avenue. The Board concludes that the use will be functionally compatible with surrounding uses and will not inhibit retail and service uses for which the zone is primarily intended based on the following findings: The proposed school would be located in a space facing the multi - family residential area to the south and is separated from the more - intensive traffic generating commercial uses to the north due to the arrangement of commercial buildings on the site. The layout of the building (L- shaped) and the uneven front setback of structures on this block, in combination with the open space and landscaping between the subject property and Broadway Street, provide separation between the subject property and surrounding uses. • The south side of the building at 959 Highway 6 contains mostly unoccupied office, commercial, or warehouse space. � • The applicant has provided an illustration showing the configuration of the p king area where traffic would enter from Cross Park Avenue, loop around to Fdo entrance of the school, and exit on Cross Park Avenue. Traffic circulation �• -- a- 4ps not appear to conflict with the commercial loading zone, which has a ?Wing dock recessed into the adjacent commercial building away from the flow >o`'-i'raffic. a_ �� LL N® �fe proposed hours of operation for the school are from 7:30 a.m. to 3:30 p.m., M w'Rich should not conflict with peak hours for surrounding commercial uses. 0 The applicant has indicated that the school would serve 25 students and five staff members, with enrollment potentially growing to 50 students or more. While the initial number of students is small enough that traffic generated by the school is not likely to interfere with the surrounding commercial uses, the Board finds that as enrollment grows, the proposed school may no longer be compatible with surrounding uses. Therefore, the Board recommends as a condition of approval that the applicant be required to apply for a new special exception for an enrollment in excess of 45 students or if the use expands by more than 500 square feet. Board finds that the parking lot includes approximately 29 parking spaces, which, combined with the stacking spaces, should accommodate the traffic generated by the proposed school and not allow such traffic to stack into adjacent streets or public right -of -way. The Board concludes that the 200 -foot front setback from Cross Park Avenue provides ample stacking space for loading and unloading students based on the enrollment presented to the board. The site plan shows room for approximately 10 cars to stack in front of the pick -up /drop -off location with space for approximately 10 more cars to stack ahead of the pick -up /drop -off location. The Board concludes that the proposed school site is designed to promote safe and convenient pedestrian, bicycle, and vehicular circulation to the school and that adequate measures have been or will be taken to provide ingress and egress designed so as to minimize traffic congestion on public streets based on the findings provided above and the following additional findings: • The applicant has provided a site plan that shows a clearly demarcated pedestrian walkway connecting the adjacent public sidewalks to the main entrance of the proposed school. • Bicycle parking will be located in an area convenient to the main building entrance. • The applicant has indicated that most of the potential students for this school reside to the south of the proposed site. Low - traffic counts from the residential neighborhoods to the south and provision of sidewalks on both sides of the street in these neighborhoods should ensure safe pedestrian access from the south. It is unlikely that children from neighborhoods north of Highway 6 will travel to school on foot. Because pedestrian traffic between buildings seems unlikely the Board waives any requirement for connection to other portions of the commercial site. AV The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare; will not be injurious to the use and enjoyment of other property in the immediate vicinity; will not substantially diminish or impair property values in the neighborhood; and will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located based on findings provided above regarding the layout of the commercial site, parking, and pedestrian access, in addition to the following findings: ® The site plan submitted by the applicant shows approximately 14,000 square feet of green space in front of the proposed school to be used as an outdoor recreation area for students. The applicant has agreed to enclose this area with a fence at a minimum height of four feet. ® ®Given the small size of enrollment (maximum of 45 students) and the setback from ad1 `pt residential property, staff does not anticipate that the school would have art�FMirrgative impact on surrounding commercial or residential property. T180ture of the existing after school drop -in program and the proposed general `i e*kt }a ion use would not be significantly different, apart from the hours of operation. LL L% Hj�r�of operation of the proposed school (7:30 a.m. to 3:30 p.m.) do not conflict " M w -fl mmercial business hours. Establishment of the General Educational Facility could lead to re -use and improvements to surrounding commercial property. The proposed school would also improve the traffic circulation of the parking lot area to the south of the proposed school site and pedestrian access to the subject property. The Board finds that all necessary facilities and access for the property are already provided for the commercial area. The Board finds that the applicant will need to apply for a building permit to establish the school use and must meet all Building Code standards specific to schools as well as requirements for pedestrian access and bicycle parking. The Board finds that the Zoning Code, at present, does not allow General Educational Facilities in the CC -2 zone. Approval of this special exception is subject to adoption of a zoning code amendment by City Council to allow these uses within the CC -2 zone. The Board finds that the South District Plan depicts the subject property as appropriate for General Commercial uses. The Comprehensive Plan does not explicitly address this property or the proposed use, apart from encouraging the City to work with educational institutions to further the mission of human development. DISPOSITION: By a vote of 4 -0 the Board approves EXC13- 00011, a special exception to allow a General Educational Facility for up to 45 students in a Community Commercial (CC- 2) zone located at 1030 Cross Park Avenue, be approved subject to the following conditions: 1) City Council approval of a zoning code amendment establishing criteria for the grant of a special exception to allow General Education Facilities in the CC -2 zone. 2) Enclosure of the outdoor recreation area by fencing of a minimum height of 4 feet to be approved by staff. A�y 3) Establishment of pedestrian routes to school entrances and bicycle parking —the site plan to be approved by staff. 4) An enrollment more than 45 students or an addition of more than 500 square feet of floor area will be considered an expansion of the use requiring a new special exception. Appeal Item: APL13- 00002: Discussion of an application submitted by Sandy Beck appealing a decision made by Iowa City's Senior Building Inspector to deny a permit for 24 x 48 foot accessory building to be constructed at 2230 Russell Drive. Based on the following findings, the Board concludes that, in exercising his powers, the Building Official did not follow the regulations established in the Zoning Code with regard to accessory uses and structures: ® The proposed accessory structure is subordinate in size to the principal residential use on the site: the proposed structure is 1,152 square feet; the residence is 1,760 square feet. LIM 0 ,,The Zoning Code states (11 4-4C-3C-a) "In Residential Zones, the combined footprint ®of all, etached accessory buildings may not exceed 15 percent of the total lot area." <�ThSlsthe only standard cited in the code that limits the size of accessory structures. Hant's proposed structure does not exceed the coverage standard for _,aeja�nea accessory structures: the subject lot is 9,975 square feet; the detached —J I accessory building coverage is 11.5°/x. a„ r» U . TW ning Code does not place other limits on these structures based on zone, lot �> size,S& footprint of the principal structure. 4 N. Based on the following findings the Board concludes that the Building Official was patently arbitrary in applying the code and that the decision to deny a building permit rested on grounds or reasons that are clearly untenable, unreasonable, or lacking rationality in light of the actors' authority: ® The appellant provided numerous examples of similar residential properties with equally large or larger detached accessory structures on lots of similar size, some of which were granted building permits subsequent to the 2005 Zoning Code update cited by the Building Official. ® The Building Official's alternative proposal for a 24 foot x 24 foot structure has no basis in the Zoning code. DISPOSITION: By a vote of 4 -0 the Board grants the appeal and overturns a decision of the Building Official to deny a building permit for a 1,152 square foot (24' x48') accessory structure in the RS -5 zone at 2230 Russell Drive. �� TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14 -8C -1 E, City of Iowa City, to Approved by: Brock Grenis, Chairperson City Attorney's Office STATE OF IOWA JOHNSON COUNTY I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 10`h of July, 2013, as the same appears of record in my Office. Dated at Iowa City, this 1% day of �e� , 20 %3 CORPOR\PSE SEAL - Marian . Karr, City Clerk A�/ M CD CV C 2 oo �>° ® 1 7» G? LL W Q C7 m O n cap - Marian . Karr, City Clerk A�/ 13 Doo 2D: 023079560013 Type: GEN Kind: ORDINANCE Recorded: 09/05/2013 at 11:57:27 AM "' Amt: $67.00 Page 1 of 13 Johnson County Iowa Kim Painter County Recorder BK5155 P(3625 -637 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.13 -4546 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of September, 2013, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 4th day of September, 2013. Marian K.TKarr City Clerk \ord 410 EAST WASHINGTON STREET* IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 • FAX (319) 356 -5009 I), f. to Se inummumam Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5234 (REZ13- 00018) ORDINANCE NO. 13 -4546 AN ORDINANCE CONDITIONALLY REZONING 7.13 ACRES OF PROPERTY LOCATED AT 2845 MORMON TREK BLVD IN THE INTENSIVE COMMERCIAL (CI -1) ZONE. (REZ13- 00018) WHEREAS, the applicant, Dealer Properties IC LLC, is owner of certain real estate in the Intensive Commercial (CI -1) Zone located at 2845 Mormon Trek Boulevard, which contains an outlot that is designated as a compensatory wetland mitigation site, the implementation of which is required pursuant to a conditional zoning agreement (Ordinance No. 13- 4533); and WHEREAS, Iowa Code §414.5 (2013) 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, Outlot B, JJR Davis Addition is subject to an existing Conditional Zoning Agreement (Ordinance No. 13 -4533) that is based on a Sensitive Areas Development Plan, which includes a Wetland Seeding and Planting Plan that would be implemented by removing and replacing 12" to 18" of topsoil from the mitigation site and seeding according to the plan; and WHEREAS, the owner has requested that the existing Conditional Zoning Agreement (Ordinance No 13- 4533) be repealed and replaced with a new Conditional Zoning Agreement; and WHEREAS, the new Conditional Zoning Agreement would change the method of establishing the compensatory wetland; instead of removing and replacing the topsoil, the mitigation would be implemented by retaining the existing topsoil and eradicating the invasive species by mowing and spraying with chemicals before planting a mix of native wetland seedlings as prescribed in the Alternative Wetland Mitigation Restoration Plan, which is described in detail in a letter dated July 10, 2013 from Transition Ecology LLC. Other relevant conditions from the existing conditional zoning agreement are included in the new conditional zoning agreement attached hereto; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that the applicant meets conditions to implement the prescribed compensatory wetland mitigation and to establish an escrow account to ensure its timely implementation; and WHEREAS, the owner and applicant has agreed that the property shall be developed in accordance with the rezoning and 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. The property described below is hereby rezoned and subject to the Conditional Zoning Agreement attached hereto and incorporated herein: LEGAL DESCRIPTION Lot 2 and Outlot B, JJR Davis Addition, Iowa City, Iowa, in accordance with the plat thereof recorded in Plat Book 55, at Page 39, in the records of the Johnson County Recorder's Office. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the 1,q Ordinance No. 13 -4546 Page 2 Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 3rd day of September , 2013. MAYOR ATTEST:%' CITY CLERK l� Ordinance No. 13 -4546 Page _3_ It was moved by Mims and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 8/6/2013 Voteforpassage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Champion. NAYS: None. ABSENT: None. Second Consideration 8/2012013 Voteforpassage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims, Payne. NAYS: None. ABSENT: None. Date published 4l Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ13- 00018) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Dealer Properties IC LLC (hereinafter "Owner "). WHEREAS, the applicant, Dealer Properties IC LLC, is owner of certain real estate in the Intensive Commercial (CI -1) Zone located at 2845 Mormon Trek Boulevard, which contains an outlot that is designated as a compensatory wetland mitigation site, the implementation of which is required pursuant to a conditional zoning agreement (Ordinance No. 13- 4533); and WHEREAS, the Owner has requested the rezoning of said property to replace the previous Conditional Zoning Agreement (Ordinance No. 13 -4533) with a new Conditional Zoning Agreement in order to use an alternative method to establish the compensatory wetland on the subject property; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Planning and Zoning Commission recommended approval of the rezoning subject to the establishment of an escrow account to ensure installation of mitigation improvements over time; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for protection of environmentally - sensitive areas; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Dealer Properties IC LLC is the legal title holder of the property legally described as: Lot 2 and Outlot B, JJR Davis Addition, Iowa City, Iowa, in accordance with the plat thereof recorded in Plat Book 55, at Page 39, in the records of the Johnson County Recorder's Office. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Southwest District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. The improvements shown on the "Wetland Seeding and Planting Plan," dated 12/11/12 with a revised date of 6/25/13 (attached hereto), and as set forth in more detail in a letter dated July 10, 2013 from Transition Ecology LLC, entitled, "Alternative Wetland Mitigation Restoration Plan" (attached hereto) shall be initiated and the 0 ppdadm(agVrez13 -00018 cza final escrow account established as described in paragraph b, below, prior to any development activity being permitted on Lot 2 of the D & D Billion Addition; b. Owner will fund an escrow account in the amount of $76,560 (the estimated cost of implementation of the "Alternative Wetland Mitigation Restoration Plan" plus 10 %) to ensure that the restoration plan is carried out to completion. Escrow to be released upon verification by the US Army Corp of Engineers that the "Wetland Seeding and Planting Plan," has been satisfactorily implemented; and c. Existing and proposed light fixtures on Lot 2 of the D & D Billion Addition that are located within 300 feet of residentially -zoned property, whether located within a City or County zoning district, will be mounted no more than 25 feet above grade prior to the establishment of the additional vehicle display area proposed on Lot 2 of the D & D Billion Addition. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2013), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform to the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 3rd day of September 2013. CITY OF IOWA CITY Dealer Properties IC Matthew Hayek, Mayor �� By: Attest: ppdadnVagVrezl3 -00018 cza final 2 ��� MarianX. Karr, City Clerk Approved by: �J City Attorney's Office %- /i //,3 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA i ) SS: JOHNSON COUNTY ) This instrument was acknowledged before me on 1L �r , 2013 by MatthewaHayek x and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. r' KELLIEK.TUTTLE °F�' Commission ��umber 221819��� ' �1y Com Issio Ex Tres Notary Public in and for the State of Iowa IiairA LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF TOWA Q)O. L04- SS: J01=WS COUNTY ) b On this c��J day of �u ��, 2013, before me, the undersigned, a Notary Public in and for the State of Iowa, perdehally appeared LAW i d H - J�, Ili &A to me personally known, who being by me duly sworn, did say that the person is �w nb�Y (title) of LAX- - , 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. BRENDATIRREL NOTARY PUBLIC � Notary Public in and for the State of Iowa 1(s SOUTH DAKOTA E My commission expires: pptlatlMa9Vfez13 00018 m fnal 3 �� July 10, 2013 Mr, Bob Miklo City of Iowa City Planning and Zoning Department 410 East Washington Street Iowa City, IA 52240 Re: Alternate wetland mitigation restoration plan Dear Bob; transition ecology LA.0 Land Management 6 Restoration As requested by Mr. Billion, Transition Ecology, LLC has prepared an alternative proposed restoration plan for the JJR Davis Subdivision Wetland Mitigation site permitted by the US Army Corps of Engineers, Iowa Department of Natural Resources, and the City of Iowa City (USACE Reference No: CEMVR-OD-P-2003- 1563(454930)). The following plan includes recommendations for combating the existing invasive species; primarily reed canary grass (Phalaris arundinacea) and installing the correct buffer and wetland seed mixes described in the Corps approved wetland mitigation plan. As you may know, mitigation for the development of the JJR Davis subdivision (71.8 acre commercial development) occurred in two phases. For unavoidable impacts to 3.07 acres of wetland and 1,009 If of stream bottom the US Army Corps of Engineers required compensatory mitigation. Phase 1, included the creation of 0.67 acre of wetland (off -site) at the Davis Home (S19,T79N, R6W). This mitigation has been constructed, monitored and 2011 marked the final year of monitoring for this portion of the mitigation. Phase 2 included the construction of 0.81 acre of wetland, enhancement of 1.43 acre of wetland and the creation of a 4.46 acre buffer strip; this is the mitigation site associated with lots 6 and 7 of your current development. As you know, the grading for this Phase of the mitigation was completed, but the native seeding requirement and 5 years of monitoring has not been completed. Since the seed mixes were not installed, non- native, invasive species now dominate. Removal of these species is necessary before the prescribed seed mixes can be planted. An extension was granted for this project, by the US Army Corps of Engineers, on January 8th, 2009. This extension (No. 2003 -1563) allows for final installation of the native seed mixes described by the 401/404 permit (wetland mitigation plan) until December 31st, 2013. Proposed Restoration Plan The proposed restoration plan includes two major phases, removal of the existing vegetation and installation of the seeding mix prescribed by the wetland mitigation plan. 1. Reduction of Invasive Species As we have discussed Reed Canary Grass (RCG) is a non - native species that has infiltrated this mitigation site. RCG is a Eurasian variety introduced to the United States for use as a forage grass; it is an aggressive, cool season, perennial grass, which reproduces both by seed and a creeping rhizomatous root (underground rootstock) that out - competes many other plants. Over time and improperly managed, this species dominates many wetlands, wet meadows, and lake shores. Since it is commonly sold in most agricultural supply stores, as an erosion control seed for grassy waterways, it will continue to have a presence in the environment, Existing plants produce seeds which flow along waterways to areas that have been recently disturbed and become a dominant component of the environment. The dominance of RCG makes it challenging to eradicate. There is currently an Corps accepted proposal to completely remove 12 -18" of soil from the entire site and then replace with clean fill dirt. While this would temporarily remove much of the existing RCG plants and seed stock, the site would ultimately be invaded again. Complete removal of this species at the mitigation site 620 Ronalds Street • Iowa City, IA 52245 319.621.1980 transitionecology @gmaii.com� is unlikely, as there are drainage ways (outside the property) that feed into the site that also contain reed canary grass (Figure 1). Ultimately this species will return. Additionally, besides cost; the constructed basin has steep slopes; complete removal of the existing soil would greatly increase erosion and destabilize a mitigation site that is also a storm water detention area. An alternative scenario for reduction of the reed canary grass would be the use of chemicals, prescribed fire, and mowing'. However, due to the urban nature of the site and the risk of contaminating nearby automotive inventory with the odor of smoke, we do not recommend this site for prescribed fire. The next "best" way to reduce the impact of reed canary grass is with a series of chemical treatments alternating with mowing when seasonally possible. Mowing will stimulate the reed canary grass to grow (mimicking grazing) and then the subsequent chemical treatment will help to reduce growth and seed production. Alternating these treatments throughout the 2013 growing season will encourage the RCG to invest stored energy in growth while continuously reducing its energy with chemicals. The proposed work will be weather dependent. Wetter weather may make chemical treatments more challenging and mowing more difficult. Comparatively, drier weather will provide the best conditions to access the majority of the site and remove more of the existing vegetation. Chemical Treatment A glyphosate herbicide like Roundup"' should be applied 3 -5 times throughout the growing season to all areas heavily populated with RCG. Most invasives are cool season species and will begin to emerge much sooner than the majority of other species. Glyphosate is a useful chemical as it disrupts the photosynthetic process necessary for the plant to grow. In the spring, RCG will begin to use the energy stored in its roots for new shoot and stem growth, this process is halted by the glyphosate chemical. In the upland buffer areas a common glyphosate like Round -up'" may be used. In the wetland areas a specially formulated glyphosate that is considered "wetland safe ", like Rodeo'" should be used. Mowing Mowing will not only wear out the RCG, but it will also help reduce seed production. When RCG growth is interrupted by mowing then there is less opportunity to produce seed and propagation is reduced. Seed Bed Preparation At the end of the growing season, when water levels in the basin are at their lowest, it will be necessary to disc or lightly till the soil, where possible. Exposing the soil for the installation of the different seed mixes. II. Seeding and Planting of Plugs The seed mixes, as specified in the wetland mitigation plan will all be planted as prescribed in the areas designated. In addition to the different seed mixes, the site will be supplemented by two different classes of Plugs. Emergent Wetland Plugs One flat of each species shall be planted randomly, throughout the emergent areas; the lowest point of the shallow basins. If not available, other emergent species should be selected and planted according to recommended planting instructions. At a minimum five flats should be used. Soft Stem Bulrush Blue Flag Iris Fringed Sedge Tussock Sedge Fox Sedge Scirpus validus Iris shrevei Carex crinita Carex stricta Carex vul pinoidea 1 "Wisconsin Reed Canary Grass Control Practices: Effects and Management Recommendations." Invasive Plants Association of Wisconsin, Wisconsin Department of Natural Resources, and the US Fish and Wildlife Service, Jan. 2006. Web. May 2013. <http: / /map.co. door. wi .us /swcd /invasive /Publications/ Reed %20Canary ° /a20Grass.pdf >. Button bush Sweet Flag Cephelanthus occidentalis Acorus calamus Wetland plugs One flat of each of the following species shall be planted randomly, throughout the wetland areas. If not available, other wetland species should be selected and planted according to recommended planting instructions. At a minimum 13 flats should be used. Grasses Prairie Cord Grass Spartina pectinata Awl- fruited Sedge Carexstipata Soft Rush Juncus effuses Big Bluestein Andropogon gerardii Bottlebrush Sedge Carex comosa Wool Grass Scirpus cyperinus Forbs Wild Bergamot Monarda frstulosa Marsh Marigold Caltha palustris Cream Gentian Gentiana flavida Compass Plant Silphium laciniatum Rose Mallow Hibiscus militoris Prairie Blazing Star Liatris pycnostachya Sawtooth Sunflower Helianthusgrosseserratus III. Site Monitoring Restoration of this site will need to be CLOSELY monitored. Additionally, weather patterns have been inconsistent and the timing of mowing and spraying will need to be determined based on how the growing season progresses. In addition to the restoration work, which would be completed by hired contractors, we propose to monitor the site weekly and maintain contact with contractors to aggressively pursue restoration of this site throughout 2015. Proposed Timeline 2013 Growing Season and throughout Summer 2013 The site should be chemically treated as soon as possible to reduce further growth and development of the RCG. Then within one to two weeks, depending on rainfall events, the site will be mowed. Then in another two to three weeks it should be chemically treated again, alternating mowing and spraying every two to three weeks. Fall 2013 Near the end of the growing season, the site will be disced, remaining vegetation allowed to begin to grow. Then chemically sprayed and then disced again. Then when weather is appropriate the site will be seeded. In areas where the reed canary grass is still dominant, a second year of chemical and mowing treatments will be necessary and will be pursued throughout the 2014 growing season, as required. 2014 Growing Season In the spring of 2014, areas still dominated by reed canary grass will continue to be sprayed and mowed and other areas seeded in the Fall of 2013 will be mowed to stimulate development of native plants and reduce impact of invasive species. If necessary (and where access is possible) particularly challenging areas will be disced to disrupt root growth and further disturb germination of seed. In those areas where the seed does not seem to be successful, plugs will be planted to further provide competition for the reed canary grass. 10 All areas seeded in 2013 will be mowed 3 -4 times throughout the 2014 growing season. This establishment mowing is necessary to further reduce seed production of annual weeds and to improve the success of the seeded natives. Additional spot spraying to further reduce the impact of RCG may also be necessary throughout the 2014 growing season. 2015 Growing Season Again, the same prescription of mowing, spraying, discing and plug planting will continue, only in those areas where the reed canary grass continues to dominate. Costs associated with this work are difficult to estimate until the success of 2013 and 2014 can be determined. It is likely that costs for 2014 and 2015 will be less assuming that work can begin as soon as possible. 2013 Itemized Description I. Chemical Treatments and Mowing 1. 3 -4 chemical treatments for an approximately 6 acre site 2. 3 -4 Mowing treatments for an approximately 6 acre site 11. Seeding and Plug Planting 3. Prepare seed bed 4. Purchase seed and plugs and plant seed and plugs III. Site Monitoring S. Monitoring site and interacting with contractors *ESTIMATED TOTAL YEAR 1 2014 Itemized Description IV. Chemical Treatments and Mowing 6. 3 -4 chemical treatments for an approximately 6 acre site 7. 3 -4 Mowing treatments for an approximately 6 acre site V. Seeding and Plug Planting 8. Prepare seed bed 9. Purchase seed and plugs and plant seed and plugs VI. Site Monitoring 10. Monitoring site and interacting with contractors *ESTIMATED TOTAL: YEAR 2 Estimated Cost Range $ 9,000.00 - $11,500.00 $ 3,700.00 -$ 5,600.00 $ 1,500.00 - $ 2,000.00 $17,000.00 - $20,000.00 $ 3,000.00 - $ 5,000.00 $34,200.00 - $44,100.00 * Estimated Cost Range $ 5,000.00 - $ 7,500.00 $ 3,000.00 - $ 5,000.00 $ 1,500.00 - $ 2,000.00 $ 5,000.00 - $ 7,000.00 $ 2,000.00 - $ 4,000.00 $16,500.00 - $25,500.00* *Please Note that these costs are estimates only based on current average rates for this work. Market price for seed and plugs is subsequent to change. Additionally, these costs do not include erosion control services which may also become necessary. Estimating costs for a third year is very difficult as restoration of this site will be dependent on success of the first two years. Success will be dependent on seasonal limitations, which we of course cannot estimate, Respectfully submitted, TRANSITION ECOLOGY, LLC Original signed by J. Elizabeth Maas 0'J J. Elizabeth Maas, Project Manager CC: Mr. Eugene Wassenhove Department of the Army Rock Island District, Corps of Engineers Clock Tower Building P. 0. Box 2004 Rock Island, IL 61204 -2004 Mr. David Billion 3401 West 41st Street Sioux Falls, SD 57106 Ph: 605.361.1919 David.billion@billionauto.com Figure 1: Wetland Mitigation site showing drainage entering from west, Ultimately reed canary grass in the ditch alongside the highway exit ramp will be re- introduced to the wetland mitigation site. VO IS s� vii wo h } ! w5 Y 9J� 1 C ki 6 i �I 7 a c $. i P8xV yy 3 n6 g z { *l 4 ` y e a � z frfr - I F F ME 0 F Y 9J� 1 C g 5' d y ik ➢p�� � ¢i � i .v � gg S P 5rp ki 6 i 7 a c $. i P8xV yy 3 n6 g z { *l 4 ` 0 - e� 1 +A Wi a g yyye% s A 53 JA ." t �Ai ki f$ #die Yf�' m 5 o P E tl gmq r, g 5' d y ik ➢p�� � ¢i � i .v � gg S P 5rp e, w5 4 5. e 5H 9a i$a i4 ki 6 i e, w5 4 5. e 5H 9a i$a i4 6 i 7 a c $. i P8xV yy 3 n6 g 3 { *l 4 ` e, w5 4 5. e 5H 9a i$a i4 10 Doc ID: 023079570015 Type: GEN Kind: ORDINANCE Recorded: 09/05/2013 at 12:00:05 PM Fee Amt: $77.00 Page 1 of 15 Johnson County Iowa Kim Painter County Recorder �! • • STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No.13 -4547 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of September, 2013, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 4th day of September, 2013. 410 EAST WASHINGTON STREET o IOWA CITY, IOWA 52240 -1826 o (319) 356 -5000 e FAX (319) 356 -5009 II(. Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ12- 00026) ORDINANCE NO. 13 -4547 ORDINANCE REZONING APPROXIMATELY 7.79 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF NORTH DODGE STREET AND PRAIRIE DU CHIEN ROAD FROM MEDIUM DENSITY SINGLE FAMILY (RS -8), NEIGHBORHOOD PUBLIC (P -1) AND HIGHWAY COMMERCIAL (CH -1) TO PLANNED DEVELOPMENT OVERLAY- COMMUNITY COMMERCIAL (OPD- CC -2). (REZ12- 00026) WHEREAS, the applicant, Hy -Vee Stores, has requested a rezoning of property located at the northeast corner of the intersection of North Dodge Street and Prairie Du Chien Road from Medium - Density Single - Family Residential (RS -8), Neighborhood Public (P -1), and Highway Commercial (CH -1) to Planned Development Overlay /Community Commercial (OPD /CC2); and WHEREAS, the Comprehensive Plan, North District Plan Map, shows this area as appropriate for retail /community commercial use provided that it is designed to be compatible with the adjacent residential neighborhood; and WHEREAS, the applicant has submitted a concept plan showing how commercial redevelopment of this property can be made compatible with the adjacent neighborhood with careful building design and placement, the use of buffer areas and landscaping; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval provided that it meets conditions addressing the need for compatibility with the adjacent neighborhoods and the policies of the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and applicant 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. Property described below is hereby reclassified from its current zoning designation of RS -8, CH -1 and P -1 to OPD /CC -2: LEGAL DESCRIPTION (TRACT #1) - REZONE FROM P -1 TO CC -2 COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO1 °11'15 "E, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 85.61 FEET, TO THE POINT OF BEGINNING; THENCE N64 012'45 "E, 152.25 FEET; THENCE SOUTHWESTERLY 44.66 FEET ALONG AN ARC OF A 175.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 44.54 FOOT CHORD BEARS S48 °54'39 "W; THENCE S25 °41'52 "W, 8.25 FEET; THENCE S64 °12'45 "W, 118.43 FEET, TO A POINT ON THE WEST LINE OF SAID LOT 14; THENCE NOI °11'15 "W, ALONG SAID WEST LINE, 22.00 FEET, TO SAID POINT OF BEGINNING, CONTAINING 2,572 SQUARE FEET, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. (TRACT 41A) - REZONE FROM P -1 TO CC -2 COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO1 °11'15 "E, A Ordinance No. 13 -4547 Page 2 ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 85.61 FEET; THENCE N64 °12'45 "E, 184.60 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING N64 °12'45 "E, 178.92 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 14; THENCE SOl °12'11 "E, ALONG SAID EAST LINE, 22.00 FEET; THENCE S64 012'45 "W, 125.00 FEET; THENCE SOl °12'I I "E, 146.79 FEET, TO A POINT ON THE SOUTH LINE OF SAID LOT 14; THENCE S64 °13'01 "W, ALONG SAID SOUTH LINE, 94.68 FEET; THENCE N25 °58147 "W, 43.37 FEET; THENCE N01 °11'25 "W, 85.98 FEET; THENCE S25 °41'52 "E, 17.45 FEET; THENCE N64 °18'08 "E, 75.30 FEET; THENCE N25 °41'52 "W, 49.49 FEET, TO SAID POINT OF BEGINNING, CONTAINING 0.37 ACRE, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. LEGAL DESCRIPTION (TRACT #2) - REZONE FROM RS -8 TO CC -2 COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO1 01 P15 "E, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 53.36 FEET, TO THE POINT OF BEGINNING; THENCE N88 048'45 "E, 10.00 FEET; THENCE NORTHEASTERLY, 144.29 FEET, ALONG AN ARC OF A 150.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 138.79 FOOT CHORD BEARS N61 °15'18 "E; THENCE NORTHEASTERLY, 80.12 FEET, ALONG AN ARC OF A 150.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 79.17 FOOT CHORD BEARS N49 °00'00 "E; THENCE N64° 18'08 "E, 150.18 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 14; THENCE SOl ° 12' 11 "E, ALONG SAID EAST LINE, 27.51 FEET; THENCE N64 °12'45 "E, 44.86 FEET, TO A POINT ON THE WEST LINE OF YEGGY'S FIRST ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 6, AT PAGE 49, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N00 °4 1'26 "W, ALONG SAID WEST LINE OF YEGGY'S FIRST ADDITION, 76.28 FEET, TO THE NORTHWEST CORNER OF LOT B OF SAID YEGGY'S FIRST ADDITION; THENCE N65 °07'33 "E, ALONG THE NORTH LINE OF SAID LOT B, 158.32 FEET, TO THE NORTHEAST CORNER THEREOF; THENCE N00 °36'30 "W, ALONG THE EAST LINE OF LOT C OF SAID YEGGY'S FIRST ADDITION, AND ITS NORTHERLY PROJECTION THEREOF, 123.75 FEET; THENCE N88'25'1 9"E, 158.03 FEET, TO THE NORTHWEST CORNER OF AUDITOR'S PARCEL 96064, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 44, AT PAGE 325, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N88 °48'55 "E, ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL 96064, A DISTANCE OF 12.29 FEET; THENCE SOl °11'05 "E, ALONG SAID NORTH LINE, 157.65 FEET; THENCE S64 °53'24 "W, ALONG THE NORTH LINE OF LOT X OF SAID YEGGY'S FIRST ADDITION, AND ITS EASTERLY PROJECTION THEREOF, 188.89 FEET, TO THE NORTHWEST CORNER THEREOF; THENCE S65 °38'32 "W, ALONG THE NORTH LINE OF LOT Y OF SAID YEGGY'S FIRST ADDITION, AND ITS WESTERLY PROJECTION THEREOF, 201.58 FEET, TO A POINT ON THE SAID EAST LINE OF LOT 14 OF ST. MATTHIAS SECOND ADDITION; THENCE S01 °12'11 "E, ALONG SAID EAST LINE, 0.44 FEET; THENCE S64 °12'45 "W, 363.52 FEET, TO A POINT ON THE WEST LINE OF SAID LOT 14; THENCE N01 ° I F 15 "W, ALONG SAID WEST LINE, 32.25 FEET, TO SAID POINT OF BEGINNING, CONTAINING 1.47 ACRE, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. LEGAL DESCRIPTION (TRACT #3) - REZONE FROM CH -1 TO CC -2 COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SOVI 1'15 "E, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 107.61 FEET, TO THE POINT OF BEGINNING; THENCE N64° 12'45 "E, 123.87 FEET; THENCE SOI' l F25 "E, 99.09 FEET; THENCE S25 °58'47 "E, 43.37 FEET; THENCE N64 013'01 "E, 94.68 FEET; THENCE N01 °12'1 I "W, 146.79 FEET; THENCE N64° 12'45 "E, 125.00 FEET, TO A POINT ON THE EAST LINE OF LOT 14 OF SAID ST. MATTHIAS SECOND ADDITION; THENCE NO] 01211 "W, ALONG SAID EAST LINE, 22.44 FEET; THENCE N65 °38'32 "E, ALONG THE NORTH LINE OF LOT Y, OF YEGGY'S FIRST ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 6, AT PAGE 49, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, AND ITS WESTERLY PROJECTION THEREOF, 201.58 FEET, TO THE NORTHEAST CORNER THEREOF; THENCE N64 053'24 "E, ALONG THE NORTH LINE OF LOT X OF SAID YEGGY'S FIRST ADDITION, AND ITS EASTERLY PROJECTION THEREOF, 188.89 FEET, TO A POINT ON THE NORTH LINE OF AUDITOR'S PARCEL 96064, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 44, AT fill Ordinance No, 13 -4547 Page 3 PAGE 325, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S01 °I 1'05 "E, ALONG SAID NORTH LINE, 27.69 FEET; THENCE N88 °48'55 "E, ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL 96064, A DISTANCE OF 12.29 FEET; THENCE SOl °11'05 "E, ALONG SAID NORTH LINE, 185.34 FEET; THENCE N88 °48'55 "E, ALONG SAID NORTH LINE, 12.29 FEET, TO A POINT ON THE WEST LINE OF LOT 10 OF ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N88 °53'07 "E, 193.31 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 10 OF ST. MATTHIAS SECOND ADDITION; THENCE SOl °11'05, ALONG SAID EAST LINE, 203.80 FEET, TO ITS INTERSECTION WITH THE NORTH RIGHT -OF -WAY LINE OF NORTH DODGE STREET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 592.68 FEET; THENCE S64 °13'1 8 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 27.03 FEET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 180.79 FEET; THENCE S25 °46'59 "E, ALONG SAID NORTH RIGHT -OF -WAY LINE, 2.00 FEET; THENCE S64 013'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 39.43 FEET; THENCE S69 °55'40 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 40.20 FEET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 37.48 FEET; THENCE S88 048'35 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 51.07 FEET; THENCE SO 1'56'19"E, ALONG SAID NORTH RIGHT - OF -WAY LINE, 33.08 FEET; THENCE S64° 13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 9.29 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT -OF -WAY LINE OF PRAIRIE DU CHIEN ROAD; THENCE NO] 01 I' 15 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 319.03 FEET, TO SAID POINT OF BEGINNING, CONTAINING 5.90 ACRES, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. 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. SEVERABIUTY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 3rd day of September , 20 13 MAYOR ATTEST: Aa , ,L) co,,'P"" j CI FYCLERK 1 A prov d by • / /�/ Attorney Repre - ting the City 11� Ordinance No. 13 -4547 Page 4 _ It was moved by Dobyns and seconded by Payne that the Ordinance as read be adopted, and upon roll call there were: FWW4 I x x x x x x x NAYS: ABSENT: First Consideration Vote for passage: Hayek Champion Dickens Dobyns Hayek Mims Payne Throgmorton AYES: Mims, Payne, Throgmorton, Champion, Dickens, Dobyns, NAYS: None. ABSENT: None. Second Consideration 1/8/2013 Voteforpassage: AYES: Mims, Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek. NAYS: None. ABSENT: None. Date published 1� Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ12- 00026) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), Roberts Dairy Company, L.L.C., an Illinois limited liability company (hereinafter "Owner ") and Hy -Vee, Inc., an Iowa corporation (hereinafter "Applicant "). WHEREAS, Owner is the legal title holder of approximately 7.37 acres of property located on the north side of North Dodge Street between Prairie Du Chien Road and North Dubuque Road; and WHEREAS, the City owns approximately .42 acres of adjacent property including right - of -way of St. Clements Street, which the Applicant proposes to purchase; and WHEREAS, the Owner and Applicant have requested the rezoning of said property from Medium - Density Single - Family Residential (RS -8), Neighborhood Public (P -1), and Highway Commercial (CH -1) to Planned Development Overlay /Community Commercial (OPD /CC -2); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding redevelopment of the property with a design that is compatible with the adjacent residential neighborhood, the requested zoning is consistent with the Comprehensive Plan: and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for compatibility with the North District Plan and the adjacent residential neighborhood; 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. Roberts Dairy Company is the legal title holder of the property legally described as: LEGAL DESCRIPTION (TRACT #2) - REZONE FRODd RS -8 TO CC -2 COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED N PLAT BOOK 17, AT PAGE 583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SOl °11'15 "E, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 5336 FEET, TO THE POINT OF BEGINNING; THENCE N88 048'45 "E, 10.00 FEET; THENCE NORTHEASTERLY, 144.29 FEET, ALONG AN ARC OF A 150.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 138.79 FOOT CHORD BEARS N6]'15'1 8"E; THENCE NORTHEASTERLY, 80.12 FEET, ALONG AN ARC OF A 150.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 79.17 FOOT CHORD BEARS N49 °00'00 "E; THENCE N64° 18'08 "E, 150.18 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 14; THENCE S01 ° I2'11 "E, ALONG SAID EAST LINE, 27.51 FEET; THENCE N64'1 245"E, 44.86 FEET, TO A POINT ON THE WEST LINE OF YEGGY'S FIRST ADDITION, IOWA CITY, IOWA, N ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 6, AT PAGE 49, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N00 °41'26 "W, ALONG SAID WEST LINE OF YEGGY'S FIRST ADDITION, k 76.28 FEET, TO THE NORTHWEST CORNER OF LOT B OF SAID YEGGY'S FIRST ADDITION; THENCE N65 °07'33 "E, ALONG THE NORTH LINE OF SAID LOT B, 15832 FEET, TO THE NORTHEAST CORNER THEREOF; THENCE N00 °36'30 "W, ALONG THE EAST LINE OF LOT C OF SAID YEGGY'S FIRST ADDITION, AND ITS NORTHERLY PROJECTION THEREOF, 123.75 FEET; THENCE N88 °25'19 "E, 158.03 FEET, TO THE NORTHWEST CORNER OF AUDITOR'S PARCEL 96064, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED TNT PLAT BOOK 44, AT PAGE 325, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N88'48'55 "E, ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL 96064, A DISTANCE OF 12.29 FEET; THENCE SOl °11'05 "E, ALONG SAID NORTH LINE, 157.65 FEET; THENCE S64 °53'24 "W, ALONG THE NORTH LINE OF LOT X OF SAID YEGGY'S FIRST ADDITION, AND ITS EASTERLY PROJECTION THEREOF, 188.89 FEET, TO THE NORTHWEST CORNER THEREOF; THENCE 565938'32 "W, ALONG THE NORTH LINE OF LOT Y OF SAID YEGGY'S FIRST ADDITION, AND ITS WESTERLY PROJECTION THEREOF, 201.58 FEET, TO A POINT ON THE SAID EAST LINE OF LOT 14 OF ST. MATTHIAS SECOND ADDITION; THENCE S01 °12'11 "E, ALONG SAID EAST LINE, 0.44 FEET; THENCE S64 °12'45 "W, 363.52 FEET, TO A POINT ON THE WEST LINE OF SAID LOT 14; THENCE N01 °11'15 "W, ALONG SAID WEST LINE, 32.25 FEET, TO SAID POINT OF BEGINNING, CONTAINING 1.47 ACRE, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. LEGAL 12ESCRIE11M (TRACT 0) - RERONR FROM CH -1 TO CC -2 COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SOl °11'15 "E, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 107.61 FEET, TO THE POINT OF BEGINNING; THENCE N64 °12'45 "E, 123.87 FEET; THENCE S01 ° 11'25 "E, 99.09 FEET; THENCE S25 °58'47 "E, 43.37 FEET; THENCE N640ITOI "E, 94.68 FEET; THENCE NOl °12'11 "W, 146.79 FEET; THENCE N64 °12'45 "E, 125.00 FEET, TO A POINT ON THE EAST LINE OF LOT 14 OF SAID ST. MATTI -HAS SECOND ADDITION; THENCE N01 °12'11 "W, ALONG SAID EAST LINE, 22.44 FEET; THENCE N65'3 8'32"E, ALONG THE NORTH LINE OF LOT Y, OF YEGGY'S FIRST ADDITIONT, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 6, AT PAGE 49, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, AND ITS WESTERLY PROJECTION THEREOF, 201.58 FEET, TO THE NORTHEAST CORNER THEREOF; THENCE N64 °53'24 "E, ALONG THE NORTH LINE OF LOT X OF SAID YEGGY'S FIRST ADDITION, AND ITS EASTERLY PROJECTION THEREOF, 188.89 FEET, TO A POINT ON THE NORTH LINE OF AUDITOR'S PARCEL 96064, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 44, AT PAGE 325, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO] °I 1'05 "E, ALONG SAID NORTH LINE, 27.69 FEET; THENCE N88 °48'55 "E, ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL 96064, A DISTANCE OF 12.29 FEET; THENCE SOl °11'05 "E, ALONG SAID NORTH LINE, 18534 FEET; THENCE N88 °48'55 "E, ALONG SAID NORTH LINE, 12.29 FEET, TO A POINT ON THE WEST LINE OF LOT 10 OF ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N88 °53'07 "E, 193.31 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 10 OF ST. MATTHIAS SECOND ADDITION; THENCE SOI'] F05, ALONG SAID EAST LINE, 203.80 FEET, TO ITS INTERSECTION WITH THE NORTH RIGHT -OF -WAY LINE OF NORTH DODGE STREET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 592.68 FEET; THENCE S64 °13'18 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 27.03 FEET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 180.79 FEET; THENCE S25 °46'59 "E, ALONG SAID NORTH RIGHT- OF-WAY LINE, 2.00 FEET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 39.43 FEET; THENCE S69 °55'40 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 40.20 FEET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -NAY LINE, 37.48 FEET; THENCE S88'48'35 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 51.07 FEET; THENCE S01'56'1 9"E, ALONG SAID NORTH RIGHT- OF-WAY LINE, 33.08 FEET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 9.29 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT -OF -WAY LINE OF PRAIRIE DU CHIEN ROAD; THENCE N01 °11'15 "W, ALONG SAID EAST RIGHT -OF -NAY LINE, 319.03 FEET, TO SAID POINT OF BEGINNING, CONTAINING 5.90 ACRES, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONiS OF RECORD. 2. The City is the legal title holder of the property legally described as: AA I,ECALDESCRIPTTONr RACT #11- REZONE FROMP -I TO CC-2 COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO1 ° 11'15 "E, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 85.61 FEET, TO THE POINT OF BEGINNING; THENCE N64 012'45 "E, 363.52 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 14; THENCE S01 °12'11 "E, ALONG SAID EAST LINE, 22.00 FEET; THENCE S64 °1 245 "W, 125.00 FEET; THENCE SO 1 °121 I "E, 146.79 FEET, TO A POINT ON THE SOUTH LINE OF SAID LOT 14; THENCE S64 °13'01 "W, ALONG SAID SOUTH LINE, 94.68 FEET; THENCE N25 °58'47 "W, 43.37 FEET; THENCE NOVI 1'25"W, 99.09 FEET; THENCE S64 °1 245 "W, 123.87 FEET, TO A POINT ON THE WEST LINE OF SAID LOT 14; THENCE NO ° 11'15 "W, ALONG SAID WEST LINE, 22.00 FEET, TO SAID POINT OF BEGINNING, CONTAINING 0.51 ACRE, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. The Owner and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the North District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 4. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: A) A buffer area generally consistent with the attached plan shall be established along the western property line of the parcel rezoned to CC -2. This buffer must be screened to the S3 standard. Wherever the buffer area is less than 35 feet a masonry wall shall be provided consistent with the attached plan. B) No signs shall be permitted within the 35 foot buffer, or on the north and /or west sides of the convenience store facing the residential development, except for a monument sign at the intersection of Dodge Street and Prairie Du Chien Road. There will be no more than two (2) free - standing signs permitted along the Dodge Street frontage. Other fascia and monument signs are permitted as per the code. C) Any building or structure including canopies shall 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 design of any buildings as well as associated structures and facilities must be presented to and approved by the Design Review Committee prior to the City issuing a building permit. D) Existing evergreen screening and mature trees will be preserved along the northwest side of the property where possible. E) A bus pull off, the design of which must be approved by the City Engineer, shall be constructed by the Applicant within the Dodge Street right -of- way. F) Development and landscaping shall be generally consistent with the attached plan. G) A parapet wall shall be provided on the northwest wall of the l�� grocery store to buffer roof top equipment. 5. 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 (2011), and that said conditions satisfy public needs that are caused by the requested zoning change. 6. 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. 7. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. 8. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 9. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 10. 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. 11. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which taken together shall form one and the same agreement. For purposes of executing and delivering this Agreement, a facsimile or scanned and emailed signature shall be as effective as an original signature. Dated this 3'4day of Seo+, 20 13. City: CITY OF IOWA CITY Matthew Hayek, Mayor Attest: Mari _K. Karr, City Clerk �A� Approved by: Attorney Representing the City CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on 5e ki7Ljy r3 , 201�by Matthew Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. A�— e 6'e., R /u-44e Notary Public in and for the State of Iowa (Stamp or Seal)�Pawt, KELLIE K. TUTTLE z w Commission Number 221819 Title (and Rank) My co issi o xpires w .m_ �k Owner: Roberts Dairy Company, LLC, an Illinois limited liability company Its: Partner STATE OF MI -(sy W l , COUNTY OF , ss: t This in ument was acknowledge before me on 40= /8 2ca /�— by �F 0 Z . c as /' StizQ�o�i— of Roberts Dairy Company, LLC, an not I> e'dX ilitycompany. tary Public JO-IN M.ALDRED fIn Publio— No�arySeal TE OF MISSOURI Greene County My r:JnfflfiMon Expires ov. 5, 2015 mission #11460004 A Applicant: Hy -Vee, Inc., an Iowa corporation 0 Sr. Vice President By: JU '-4, (print name) Its: STATE OF IOWA, COUNTY OF POLK, ss On this I'P` day of O2ce -t—W , 2012, before me, the undersigned, a Notary Public in and for the state of Iowa, personally appeared Anthony McCann and /Uo„i" 441ICv, , to me personally known, who being by me duly sworn did say that they are the Sr. Vice President and fis9t6(*, & 5duc( t , respectively, of Hy -Vee, Inc., an Iowa corporation, that the instrument to which this is attached was signed on behalf of said corporation by authority of its Board of Directors; and that the said Anthony McCann and A1ti4kaK 61(ty, as such off' ers acknowledged the execution of said instrument to be the voluntary act and deed of said corpottlon, by it and byAem voluntarily executed. MATiNA D, MRSSMAN NoYaiy P blic in and State o owa COMMISSION N0.1596� ° MYCOMM SIONEXPMES 7 V � O (D O n O CD N p C) 0 0 w a Right oC Wny A� 0 v� 0 o' to c w 0 A� =s4 CIVM:1 N-31HQ n® 3iav�jd _- - - - - -- 5 1 c_n 3FJ1S 1N3W310'1S 1W�3 >Rp —zm 3 C,) �o O �P 5 �0;u oN m DDm ;1 � w piq E'4' 1 41 z u'z 0 .• ° � E§� 1 o�n O \ mK z 2m =c nm n o ` rn s T ge\e°eq s.pac @\ 00 ®0a0 ,ggq it �I m °ii44sEO ttI4G i ° 33[4 S (a �.. � ,j � 2 441 ° r E�aF4 £ 5 a i •� � t li,fl 'NOR) f rah` o oz 4' F v yi z z m Zpm i E a o y ( Hill T5 0 A TW • �. _. :......e. m �m E §E44 (Page 1 of 28) 0 � 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.13 -243, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 23rd day of July, 2013, all as the same appears of record in my office. Also attached are the final legal documents for Rochester Ridge Part Four, Iowa City, Iowa as follows: 1. Owner's Certificate 2. Subdivider's Agreement 3. Attorney's Title Opinion 4. Certificate of County Treasurer S. Certificate of County Auditor Approval of Subdivision Name 6. Mortgagee Consent to Subdivision 7. Underground Utility Easement Agreement 8. Drainage Easement Agreement 9. Sanitary Sewer Easement Agreement Doc ID: 023040020028 Type: GEN Kind; rdd SUBDIVISION 013 at 10:32:62 AM Fee Amt: $142.00 Page 1 of 28 Johnson county CountyaRecorder BK5139 Pc54 -31 Dated at Iowa City, Iowa, this V')day of`% ) , 2013, ) Maarian'K Kars/ City Clerk fires subdivision 1 LO Book: 5139 Page: 54 Seg: 1 Prepared by: Andrew Baseman, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5234 (SUB13- 00010) RESOLUTION NO. 13 -243 RESOLUTION APPROVING FINAL PLAT OF ROCHESTER RIDGE PART 4, IOWA CITY, IOWA. WHEREAS, the owner, Rochester Ridge LLC, filed with the City Clerk the final plat of Rochester Ridge Part 4, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson County, Iowa, to wit: A portion of the Southwest Quarter of the Northeast Quarter of Section 12, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, described as follows: Beginning at the Southwest Corner of Lot 41 of Rochester Ridge Part Three, in accordance with the Plat thereof Recorded in Plat Book 57 at Page 116, of the Records of the Johnson County Recorder's Office and the Northeast Corner of Oakwoods Addition Part 3, in accordance with the Plat thereof Recorded in Plat Book 8 at Page 61 of the Records of the Johnson County Recorder's Office; Thence S89 °05'57 "W, along the North Line of said Oakwoods Addition Part 3, a distance of 331.52 feet to the Southeast Corner of the Parcel of Land conveyed by Warranty Deed, as Recorded in Book 695 at Page 41, of the Records of the Johnson County Recorder's Office; Thence N00 °1 2'44 "W, along the East Line of said Conveyed Parcel 431.87 feet, to a Point on the Southwesterly Line of said Rochester Ridge Part Three; Thence N89 °47'16 "E, along said Southwesterly Line, 108.50 feet; Thence Southeasterly, 39.27 feet, along said Southwesterly Line on a 25.00 foot radius curve, concave Southwesterly, whose 35.36 foot chord bears S45 °1 2'44 "E; Thence N89 °47'16 "E, along said Southwesterly Line, 50.00 feet; Thence N00 °12'44 "W, along said Southwesterly Line, 5.00 feet; Thence Northeasterly. 39.27 feet, along said Southwesterly Line on a.25.00 foot radius curve, concave Southeasterly, whose 35.36 foot chord bears N44 °47'16 "E; Thence N89 °47'16 "E, along said Southwesterly Line, 108.35 feet; Thence S00 °12'44 "E, along said Southwesterly Line. 194.94 feet; Thence S21 °56'20 "E, along said Southwesterly Line 102.98 feet; Thence S09 °09'24 "W, along said Southwesterly Line, 144.20 feet, to the Point of Beginning. Said Tract of land contains 3.24 Acres, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2013) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: qh Resolution No. 11 -243 Page 2 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. Passed and approved this 23rd day of - ®k./ l . MAYOR Approved by 2013. ATTEST: )4 K YY � EYGC(c A4 umJ7% ���P -lc- CITY ERK City Attorney's Office �js�3 It was moved by trims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: X X X X X_ X X ,c Aemplates/SUB13-0 010 final Plat -Re solutim doc.doc ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton q6 Prepared by Lars G Anderson 123 N Limr St Suite 300, P.O. Box 2820, Iowa City, IA 52244, (319) 354 -0331 OWNER'S CERTIFICATE The undersigned, Rochester Ridge, L.L.C. requests approval of the subdivision known as Rochester Ridge Part Four, said subdivision shown on the plat filed with this Certificate, which is a subdivision of the following described property: Beginning at the Southwest Corner of Lot 41 of Rochester Ridge Part Three, in accordance with the Plat thereof Recorded in Plat Book 57 at Page 116, of the Records of the Johnson County Recorder's Office and the Northeast Corner of Oakwoods Addition Part 3, in accordance with the Plat thereof Recorded in Plat Book 8 at Page 61 of the Records of the Johnson County Recorder's Office; Thence S89 °05'57 "W, along the North Line of said Oakwoods Addition Part 3, a distance of 331.52 feet to the Southeast Corner of the Parcel of Land conveyed by Warranty Deed, as Recorded in Book 695 at Page 41, of the Records of the Johnson County Recorder's Office; Thence N00 °12144 "W, along the East Line of said Conveyed Parcel 431.87 feet, to a Point on the Southwesterly Line of said Rochester Ridge Part Three; Thence N89 047116 11E, along said Southwesterly Line, 108.50 feet; Thence Southeasterly, 39.27 feet, along said Southwesterly Line on a 25.00 foot radius curve, concave Southwesterly, whose 35.36 foot chord bears S45 °12'44 "E; Thence N89 047116 "E, along said Southwesterly Line, 50.00 feet; Thence N00 °12144 "W, along said Southwesterly Line, 5.00 feet; Thence Northeasterly. 39.27 feet, along said Southwesterly Line on a 25.00 foot radius curve, concave Southeasterly, whose 35.36 foot chord bears N44'47 116"E; Thence N89047 116"E, along said Southwesterly Line, 108.35 feet; Thence S00 °12'44 "E, along said Southwesterly Line. 194.94 feet; Thence S21 °56120 "E, along said Southwesterly Line 102.98 feet; Thence S09 009124 "W, along said Southwesterly Line, 144.20 feet, to the Point of Beginning. Said Tract of land contains 3.24 Acres, and is subject to easements and restrictions of record. The undersigned further states that subdivision is made with the free consent and in accordance with the desire of the undersigned, owner of the land included within the subdivision. The streets and easements are hereby dedicated to the public as provided for by Chapter 354 of the Code of Iowa (2011), as amended. Ja /y Dated as of this 9C�Idday of June, 2013. ROCHESTER RIDGE, L.L.C. By: Jeoe Allen, Member and Manager STATE OF IOWA ) ) ss: JOHNSON COUNTY ) J,,)y This instrument was acknowledged before me on the and day of ,dttne, 2013, by Jesse Allen, as Manager and Member of Rochester Ridge, L.L.C. (Stamp or Seal) /' 1 -v1rst �t ry Public in and for said State e�►"r LARSG.ANDERSON i Commission Number 180422 My Commisson Expires eyr July 25, 2018 1�6 Prepared by and Return to: Lars G. Anderson, P.O. Box 2820, Iowa City, IA 52245 (319)354-0331 SUBDIVIDER AGREEMENT ROCHESTER RIDGE PART FOUR - IOWA CITY, IOWA THIS AGREEMENT, made by and between Rochester Ridge, L.L.C., hereinafter called "Subdivider ", and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City ". WITNESSETH: SECTION 1. PUBLIC IMPROVEMENTS. In consideration of the City approving the final plat of Rochester Ridge Part Four, Iowa City, Iowa, an Addition to the City of Iowa City, Iowa, the Subdivider agrees, as a covenant running with the land that, except as provided in this Agreement, the City shall not issue any building permit on any lots in said subdivision unless and until sanitary sewers, water mains, storm sewers, tile lines, and concrete paving have been installed in the subdivision as required by the City's Subdivision Ordinance, and the terms stated herein, and until said public improvements have been accepted by the City, and subdivision erosion control measures have been installed and approved as required by the City of Iowa City, Iowa, under its ordinances. The sanitary sewers, water mains, storm sewers, tile lines, and concrete paving, are hereinafter referred to as "Improvements ". Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall the Subdivider be deemed acting as the City's agent during the original construction and installation of said Improvements. The parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Subdivider, and a lien on the various lots within the subdivision until completion by the Subdivider, and until acceptance by the City, as by law provided. SECTION 2. STORM WATER MANAGEMENT ORDINANCE COMPLIANCE AND COVENANT. The parties agree that Rochester Ridge Part Four shall be served by the Stormwater Detention Facility ( "Facility ") located upon Outlet "C ", Rochester Ridge Part One. All lots within Rochester Ridge Part Four shall be part of the Homeowners Association formed in part for purposes of owning and maintaining Outlet "C ", including the Stormwater Detention Facility. Subdivider agrees that the duty to maintain the Facility shall remain on the Subdivider, the present owner of the Facility, and Subdivider's successors and assigns in interest, including a non - profit owners association formed in part for that purpose. Said maintenance shall comply with the City's Storm Water Management Ordinance and the terms of the Subdivider's Agreement for Rochester Ridge Part One. SECTION 3. CONSTRUCTION OF IMPROVEMENTS. All Improvements described in Section 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. Further, said inspections shall not create a duty or obligation on the part of the City to insure or certify that said improvements are constructed in conformance with said plans and specifications. SECTION 4. SIDEWALKS. The Subdivider agrees that it will install 4' wide sidewalks abutting each of the lots in said subdivision adjacent to Teton Circle. Also the Subdivider agrees to install a 4' wide sidewalk abutting Lot 45 adjacent to Westminster Street and a 5' wide sidewalk abutting Lot 55 adjacent to Westminster Street. Said sidewalks shall be constructed according to plans and specifications approved by the City Engineer of the City of Iowa City, Iowa. The sidewalks shall be installed in the subdivision covered by this Agreement as required by Section 15 -3 -3, Iowa City Code of Ordinances, and shall remain a lien on each abutting lot until installed and released by the City, and the Release duly recorded in the Johnson County Recorder's Office. The Subdivider or its successor(s), shall install the sidewalks abutting each numbered lot in the subdivision when each such lot is developed. SECTION 5. BUILDING PERMIT AND ESCROW MONIES. In the event the Subdivider should desire a building permit on any lot in said subdivision before the Improvements have been installed, the Subdivider shall deposit with the City Clerk in escrow an amount 2 equal to the estimated cost of said Improvements plus ten percent (100) thereof as determined by the City Engineer's Office of the City of Iowa City, Iowa (hereinafter the "Improvements Escrow "). In addition to the Improvements Escrow, if Subdivision Erosion Control measures have not been installed, with ground cover established by growth, the City may require, as a condition to the issuance of the first building permit for construction within the subdivision, that the Subdivider deposit in escrow with the City the sum of $2,000.00 (the "Erosion Clean -Up Escrow ") to assure reimbursement for the cost of cleaning public streets, storm sewers, gutters or catch basins, which may be incurred by the City as a result of erosion from any lot in the Subdivision. The Subdivider shall be responsible for the cost of any such clean -up after and to the extent that the Subdivider fails to accomplish erosion clean -up after reasonable notice from the City, the City is hereby authorized, but not obligated, to do the work and to charge the cost thereof to the Erosion Clean -up Escrow, if adequate, and to charge any excess costs to the Subdivider. If the Erosion Clean -Up Escrow is insufficient to pay the costs incurred by the City, the Subdivider shall promptly reimburse the City for the excess costs incurred. The unused balance of the Erosion Clean -up Escrow shall be returned to the Subdivider or depositer after erosion control measures have been installed, and ground cover has been established by growth. After the Erosion Clean -up and Improvements Escrows have been established, the building inspector of the City is authorized to issue a building permit if the applicant is in compliance with all other applicable requirements and ordinances of the City. SECTION 6. OCCUPANCY PERMIT. Prior to the issuance of an occupancy permit for any building erected pursuant to Section 5, the City, in its discretion, may require the Subdivider to construct and install the Improvements, and sidewalks as required by this Agreement. SECTION 7. USE OF ESCROW MONIES FOR IMPROVEMENTS. If, after the issuance of an occupancy permit, the Improvements have not been constructed and installed, the City may use any funds deposited in the Improvements Escrow to construct and install the improvements. If the cost of construction and installing of said Improvements exceeds the amount of said escrow, the City shall have a lien and charge against all the lots in the subdivision for the balance of the costs. The City shall refund to the Subdivider or depositor any Improvements Escrow monies not used by the City for the construction and installation of the Improvements. SECTION 8. WAIVER. 3 L� If Subdivider sells or conveys lots in said subdivision without constructing or installing the Improvements: or the Subdivider fails to construct sidewalks required in Section 4 hereof, the City shall have the right to install and construct said Improvements, or sidewalks. Subdivider acknowledges and agree that all lots in the subdivision are specifically benefited by the Improvements, so that the cost of the installation shall be a lien and charge against all of the lots in the subdivision under the provisions of Chapter 384 of the 2011 Code of Iowa, as amended. The cost of Improvements need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such Improvements. The cost of installing the sidewalks shall be a lien and charge only against the lot or lots abutting or in front of which sidewalks are installed. It is further provided that this requirement to construct the Improvements, or sidewalks is and shall remain a lien against the lots in the subdivision from the date of execution of this Agreement until properly released, as herein provided. SECTION 9. RELEASE. The City agrees that when the Improvements have been installed to the satisfaction of the City, it will upon request promptly issue to the Subdivider, for recording in the office of the County Recorder of Johnson County, Iowa, good and sufficient release to the lots in said subdivision so that this Agreement will not constitute a cloud upon the title of the lots in said subdivision. A separate sidewalk lien release shall be issued where appropriate. The City Manager or designee is hereby authorized to execute the releases required by this section with the concurrence of the City Engineer and City Attorney, and to execute one or more limited release agreements based on the use of escrows as contemplated in Section 5 above. SECTION 10. STREET MAINTENANCE. The Subdivider agrees that the public services, including but not limited to street maintenance, traffic control, snow removal and rubbish and trash collection, need not be extended to any part in said subdivision until the pavement is installed and accepted by the City. SECTION 11. NEIGHBORHOOD OPEN SPACE. Subdivider also agrees to pay the City $4,179.00 in lieu of dedicating 3,316 sq. feet for neighborhood open space pursuant to the provisions of Section 14 -5K -6 of the Iowa City Code of Ordinances, which fee shall be paid prior to the issuance of building permits for lots within the Subdivision. This fee shall be deposited and administrated according to Section 14 -5K -6 of the Iowa City Code of Ordinances. SECTION 12. SUCCESSORS AND ASSIGNS. 4 i The provisions of this Agreement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto and all covenants shall be deemed to apply to and run with the land and with title to the land. SECTION 13. EFFECT OF PLAT NOTES. Plat notes and surveyor's notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant, or create any third party beneficiaries to any noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any applicable public notice and approval process required by law, to alter or amend any plat note, or to sell or vacate any right -of -way, street, alley, park, easement, open area or other land set apart and dedicated for public use within the plat. The City further reserves the right, upon request of the owner or successor in interest, to vacate the plat and /or relocate any easement, alter lot boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law. SECTION 14. ALL UTILITIES TO BE UNDERGROUND. The Subdivider agrees that all electrical, telephone, and cable television service distribution lines installed in this subdivision shall be installed underground. SECTION 15. WATER MAIN EXTENSION FEE. The Subdivider agrees that no building permit will be issued for any lot in Rochester Ridge Subdivision Part Four until the Subdivider has paid to the City a water main extension fee of $1,279.80. SECTION 16. CONDITIONAL ZONING AGREEMENT. The Subdivider acknowledges it is bound by the terms and conditions of the Conditional Zoning Agreement recorded at Book 4768, Page 604 -612. SECTION 17. SUB - DRAINAGE SYSTEM Basements are permitted to be constructed on all lots in this subdivision. However, basements of dwellings constructed on all lots are subject to the following conditions and restrictions: Basements shall be equipped with a sump pump and adequate foundation tile with discharge in to the subsurface drainage system located adjacent to Westminster Street and Teton Circle. Proper installation of the sump pump and foundation tile shall be the sole responsibility of the Subdivider and /or contractor, and the City shall not be responsible for inspecting the installation of the sump pump and foundation tile. Discharge of the roof drains and downspouts of dwellings into the subsurface drainage system is prohibited. To ensure compliance with these provisions, the property owner's registered engineer shall 5 � certify the following: 1. There is no discharge of roof drains and downspouts of dwellings into the subsurface drainage system; and 2. The foundation tile and sump pump have been properly installed to said subsurface drainage system located adjacent to Westminster Street and Teton Circle. SECTION 18. MISCELLANEOUS. A. Construction fencing shall be maintained around the drip line of all trees noted on the Sensitive Areas Development Plan to be protected until construction has been completed on the respective lots. Fencing shall be installed prior to the commencement of any grading, clearing or other site improvements. B. No tree removal, grading, or other site preparation may occur at the site until after a pre- construction meeting is held between the City development regulations specialist and the contractor responsible for tree removal and /or grading and /or site preparation. C. No fences shall be permitted in any area designated on the Final Plat as "Drainage Easement ". Dated this r4�664 day of July, 2013. SUBDIVIDER: ROCHESTER RIDGE, L.L.C. by: idsse.Allen, Member and Manager STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the W-1d day of July, 2013, by Jesse Allen, Member and Manager of Rochester dgee, L. C. (St c p LARS ANDERSON i �' - ` ' 1/ W,- _ ; CommissbnNumber160422 Notary Pu'li in and for the State of Iowa My Commission Expires Juiy 25, 2016 CITY OF IOWA CITY, IOWA A �e\ by: Matthew J. Ha ek, Mayor 6 ATTEST 2u� . 1(� Mari�%a_K. Karr, City Clerk h State of Iowa ) ss: Johnson County ) This instrument acknowledged before me thish day of July, 2013, by Matthew J. Hayek and Marian K. Karr, Mayor and City Clerk respectively of the City of Iowa City, Iowa. Notary Public in and for the State of Iowa rza�am- I<ELLIE IC TUT E mmission Number 227819 My Co iss n Expires � -L�-> a� Prepared by: Lars G Anderson 123 N Lour St Suite 300 P.O. Box 2820 Iowa City IA 52244 (319) 354 -0331 ATTORNEY'S TITLE OPINION Re: Rochester Ridge Part Four Subdivision located in Iowa City, Johnson County, Iowa, and legally described as follows: Beginning at the Southwest Corner of Lot 41 of Rochester Ridge Part Three, in accordance with the Plat thereof Recorded in Plat Book 57 at Page 116, of the Records of the Johnson County Recorder's Office and the Northeast Corner of Oakwoods Addition Part 3, in accordance with the Plat thereof Recorded in Plat Book 8 at Page 61 of the Records of the Johnson County Recorder's Office; Thence S89 °05'57 "W, along the North Line of said Oakwoods Addition Part 3, a distance of 331.52 feet to the Southeast Corner of the Parcel of Land conveyed by Warranty Deed, as Recorded in Book 695 at Page 41, of the Records of the Johnson County Recorder's Office; Thence N00 °12'44 "W, along the East Line of said Conveyed Parcel 431.87 feet, to a Point on the Southwesterly Line of said Rochester Ridge Part Three; Thence N89 °47'16 "E, along said Southwesterly Line, 108.50 feet; Thence Southeasterly, 39.27 feet, along said Southwesterly Line on a 25.00 foot radius curve, concave Southwesterly, whose 35.36 foot chord bears S45 012'44 "E; Thence N89 047116 "E, along said Southwesterly Line, 50.00 feet; Thence N00 012144 "W, along said Southwesterly Line, 5.00 feet; Thence Northeasterly. 39.27 feet, along said Southwesterly Line on a 25.00 foot radius curve, concave Southeasterly, whose 35.36 foot chord bears N44 °47'16 "E; Thence N89 047116 "E, along said Southwesterly Line, 108.35 feet; Thence S00 012144 "E, along said Southwesterly Line. 194.94 feet; Thence S21 056120 "E, along said Southwesterly Line 102.98 feet; Thence S09 °09'24 "W, along said Southwesterly Line, 144.20 feet, to the Point of Beginning. Said Tract of land contains 3.24 Acres, and is subject to easements and restrictions of record. I, Lars G. Anderson, state that I am a practicing attorney in the State of Iowa and that I have examined a complete abstract of title to the above - described property being Security Abstract Company Abstract No. 115823. The abstract of title has been continued to June 16, 2013, and as of that date the abstract shows that fee title to the above - described property is in Rochester Ridge, L.L.C., subject to: 1. Entry 27 sets out a mortgage from Rochester Ridge, LLC to Hills Bank and Trust Company. That mortgage is dated August 16, 2011, and recorded September 7, 2011, in Book 4800, Page 55. I further certify that except as above stated the property is free from encumbrance. Dated as of this 11th day of July, 2013. Drs G. Anderson Prepared by Lars G Anderson 123 N Lum St., Suite 300, P.O. Box 2820, Iowa City, 1A 52244, (319) 354 -0331 CERTIFICATE OF COUNTY TREASURER I, Thomas L. Kriz, Johnson County Treasurer, certify that all real estate taxes and special assessments have been paid with reference to the property described below as of the date of this certificate. Beginning at the Southwest Corner of Lot 41 of Rochester Ridge Part Three, in accordance with the Plat thereof Recorded in Plat Book 57 at Page 116, of the Records of the Johnson County Recorder's Office and the Northeast Corner of Oakwoods Addition Part 3, in accordance with the Plat thereof Recorded in Plat Book 8 at Page 61 of the Records of the Johnson County Recorder's Office; Thence S89 °05'57 "W, along the North Line of said Oakwoods Addition Part 3, a distance of 331.52 feet to the Southeast Corner of the Parcel of Land conveyed by Warranty Deed, as Recorded in Book 695 at Page 41, of the Records of the Johnson County Recorder's Office; Thence N00 012'44 "W, along the East Line of said Conveyed Parcel 431.87 feet, to a Point on the Southwesterly Line of said Rochester Ridge Part Three; Thence N89 °47'16 "E, along said Southwesterly Line, 108.50 feet; Thence Southeasterly, 39.27 feet, along said Southwesterly Line on a 25.00 foot radius curve, concave Southwesterly, whose 35.36 foot chord bears S45 °12'44 "E; Thence N89 °47'16 "E, along said Southwesterly Line, 50.00 feet; Thence N00 012144 "W, along said Southwesterly Line, 5.00 feet; Thence Northeasterly. 39.27 feet, along said Southwesterly Line on a 25.00 foot radius curve, concave Southeasterly, whose 35.36 foot chord bears N44 °47'16 "E; Thence N89 047'16 "E, along said Southwesterly Line, 108.35 feet; Thence S00 012144 "E, along said Southwesterly Line. 194.94 feet; Thence S21 056120 "E, along said Southwesterly Line 102.98 feet; Thence S09 009124 "W, along said Southwesterly Line, 144.20 feet, to the Point of Beginning. Said Tract of land contains 3.24 Acres, and is subject to easements and restrictions 6 of record. Dated as of this day of July, 2013. Thomas L. Kriz, County Treasurer by: Parcel #: 16��16eOC�� , Deputy Prepared by' Lars G Anderson 123 N Lutn St Suite 300 P.O. Box 2820, Iowa City, IA 52244, (3 1 9) 354-0331 CERTIFICATE OF COUNTY AUDITOR APPROVAL OF SUBDIVISION NAME I, Travis Weipert, Johnson County Auditor, approve the name Rochester Ridge Part Four with reference to the property described below as of the date of this certificate. Beginning at the Southwest Corner of Lot 41 of Rochester Ridge Part Three, in accordance with the Plat thereof Recorded in Plat Book 57 at Page 116, of the Records of the Johnson County Recorder's Office and the Northeast Corner of Oakwoods Addition Part 3, in accordance with the Plat thereof Recorded in Plat Book 8 at Page 61 of the Records of the Johnson County Recorder's Office; Thence S89 °05157 "W, along the North Line of said Oakwoods Addition Part 3, a distance of 331.52 feet to the Southeast Corner of the Parcel of Land conveyed by Warranty Deed, as Recorded in Book 695 at Page 41, of the Records of the Johnson County Recorder's Office; Thence N00 012'44 "W, along the East Line of said Conveyed Parcel 431.87 feet, to a Point on the Southwesterly Line of said Rochester Ridge Part Three; Thence N89 047'16 "E, along said Southwesterly Line, 108.50 feet; Thence Southeasterly, 39.27 feet, along said Southwesterly Line on a 25.00 foot radius curve, concave Southwesterly, whose 35.36 foot chord bears S45 012'44 "E; Thence N89 °47'16 "E, along said Southwesterly Line, 50.00 feet; Thence N00 °12144 11W, along said Southwesterly Line, 5.00 feet; Thence Northeasterly. 39.27 feet, along said Southwesterly Line on a 25.00 foot radius curve, concave Southeasterly, whose 35.36 foot chord bears N44 047116 "E; Thence N89 047'16 "E, along said Southwesterly Line, 108.35 feet; Thence S00 012144 "E, along said Southwesterly Line. 194.94 feet; Thence S21 °56'20 "E, along said Southwesterly Line 102.98 feet; Thence S09 009'24 "W, along said Southwesterly Line, 144.20 feet, to the Point of Beginning. Said Tract of land contains 3.24 Acres, and is subject to easements and restrictions of record. Dated as of this Lt�i`IIday of July, 2013. / /. U/ ravis Weiper'l, Cour�pff Auditor by: ��( rd%l� Deputy Prepared by: Lars G. Anderson, 123 N. Linn St., Suite 300, P.O. Box 2820, Iowa City, IA 52244, (319) 354 -0331 MORTGAGEE CONSENT TO SUBDIVISION The undersigned, on behalf of Hills Bank and Trust Company, states that Hills Bank and Trust Company holds a mortgage on the property described below included within Rochester Ridge Part Four Subdivision. That mortgage is as follows: 1. A mortgage dated August 16, 2011,recorded September 7, 2011, in Book 4800, Page 55, Johnson County Recorder's Office. The property included within Rochester Ridge Part Four Subdivision is described as follows: Beginning at the Southwest Corner of Lot 41 of Rochester Ridge Part Three, in accordance with the Plat thereof Recorded in Plat Book 57 at Page 116, of the Records of the Johnson County Recorder's Office and the Northeast Corner of Oakwoods Addition Part 3, in accordance with the Plat thereof Recorded in Plat Book 8 at Page 61 of the Records of the Johnson County Recorder's Office; Thence S89 °05'57 "W, along the North Line of said Oakwoods Addition Part 3, a distance of 331.52 feet to the Southeast Corner of the Parcel of Land conveyed by Warranty Deed, as Recorded in Book 695 at Page 41, of the Records of the Johnson County Recorder's Office; Thence N00 012144 "W, along the East Line of said Conveyed Parcel 431.87 feet, to a Point on the Southwesterly Line of said Rochester Ridge Part Three; Thence N89 047'16 "E, along said Southwesterly Line, 108.50 feet; Thence Southeasterly, 39.27 feet, along said Southwesterly Line on a 25.00 foot radius curve, concave Southwesterly, whose 35.36 foot chord bears S45 012144 "E; Thence N89 047116 "E, along said Southwesterly Line, 50.00 feet; Thence N00 012144 "W, along said Southwesterly Line, 5.00 feet; Thence Northeasterly. 39.27 feet, along said Southwesterly Line on a 25.00 foot radius curve, concave Southeasterly, whose 35.36 foot chord bears N44 047116 "E; Thence N89 047116 "E, along said Southwesterly Line, 108.35 Line. 194.94 Line 102.98 Line, 144.20 contains 3.2z of record. feet; Thence S00 012144 "E, along feet; Thence S21 056120 "E, along feet; Thence S09 °09'24 "W, along feet, to the Point of Beginning. Acres, and is subject to easemei said Southwesterly said Southwesterly said Southwesterly Said Tract of land its and restrictions The undersigned, on behalf of Hills Bank and Trust Company, states that said bank consents to the subdivision of the above- described property into Rochester Ridge Part Four Subdivision and hereby releases any and all liens against those portions of the property dedicated to the public. Dated as of this C50 day of July, 2013. Hills Bank and Trust STATE OF IOWA ss: JOHNSON COUNTY ) This instrument was ac nowledged before me on the (% j day Qf I July, 2013, by (IV�I tU. WAr`F(n. , as aQ iO lit Le S�OQGtil of Hills Bank and Trust Company. __0 O'CM1li�"b10n NUn' (I fs`�Comrn.g", 4 State �t l Prepared by and return to • Lars G Anderson 123 N Linn St., Suite 300 Iowa City IA 52245 (319)354 -0331 UNDERGROUND UTILITY EASEMENT AGREEMENT ROCHESTER RIDGE PART FOUR — IOWA CITY, IOWA In consideration of the approval of the Final Plat of Rochester Ridge Part Four, Iowa City, Iowa, the undersigned Owners (hereinafter "Grantors ") hereby grant to MidAmerican Energy, Qwest Corporation and MediaCom Iowa, L.L.C., and their successors, (hereinafter collectively referred to as "Grantees ") a perpetual easement upon, over, under, along and across the areas marked on the Final Plat of Rochester Ridge Part Four, Iowa City, Iowa, as a 1115.00' UTILITY EASEMENT" and "15.00' SANITARY SEWER AND UTILITY EASEMENT ". The Grantees of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purposes of serving the Subdivision and other property with electricity, gas, and communication service; the right to trim, cut down and remove such trees, brush, saplings and bushes, without compensation to Grantors or their successors in interest as may interfere with the proper construction, maintenance, operation or removal of said facilities, equipment and appurtenances; and the right of ingress and egress for all of the purposes aforesaid. Grantors, their successors in interest and assigns, reserve the right to use said easement areas for purposes which will not interfere with the Grantees' full enjoyment of rights hereby granted; provided that Grantors shall not erect or construct any reservoir, retaining wall or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. No permanent dwellings or trees shall be placed on the areas so designated for Utility Easements, but with advance written authorization from the Grantees' Representatives the same may be used for gardens, shrubs, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. Dated thisI).jnf day of July, 2013. OWNER: ROCHESTER RIDGE, L.L.C. By:fJess AAllen, Member and Manager STATE OF IOWA ss: JOHNSON COUNTY This instrument was acknowledged before me on the day of July, 2013, by Jesse Allen, as Manager and Member of Rochester Ridge, L.L.C.,j) (Stamp or Seal) N to y Public in and for said State IM! , Preuarer I D : Lars G Anderson 123 N Linn St Suite 300 P.O. Box 2820 Iowa City IA 52244-2820,(3 19)354-0331 DRAINAGE EASEMENT AGREEMENT ROCHESTER RIDGE PART FOUR IOWA CITY, IOWA THIS AGREEMENT, made by and between Rochester Ridge, L.L.C., hereinafter called "Subdivider ", and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City ", which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Subdivider hereby granst and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such storm water lines, pipes, mains, conduits, swales, ditches and channels as the City shall from time to time elect for conveying storm water, with all necessary appliances and fittings for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as "25.00' DRAINAGE EASEMENT ", as shown on the Final Plat of Rochester Ridge Part Four and referred to herein as "easement areas." Subdivider further grants to the City: 1. The right of grading said easement area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, to cut down and clear away any and all trees and brush on said easement area, and also to trim, cut down and clear away any trees on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said easement areas or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Subdivider reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Subdivider shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said easement areas. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that they have a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement(s) at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Subdivider until completion by Subdivider, and until acceptance by the City, as provided by law. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this df� n� day of July, 2013. SUBDIVIDER: ROCHESTER RIDGE, L.L.C. by:-'JessdvAllen, Member and Manager STATE OF IOWA ) 2 �J SS: JOHNSON COUNTY f JL +�y This instrument was acknowledged before me on the _��`� 61 day of Septembe -r„ 2013 by Jesse Allen, Member and Manager of Rochester Ridge, L.L.C. 1' V (Stamp =RSGND:RS N 422 Not%aryy PUbl is in and for the State of Iowa s 1!{ f+'/ CITY OF IOWA CITY, IOWA ATTEST by: Matthew J. Hayek, Mayor State of Iowa ) )SS: Johnson County ) Marian K. Karr, City Clerk This instrument acknowledged before me this 100 day of t� <� 2013 by Matthew J. Hayek and Marian K. Karr, Mayor and City Clerk respectively of the City of Iowa City, Iowa. (stamp or seal) �I<Ty[2�UE Commiss16• y Cores _ion Notary Public in and for the State of Iowa N i Prepared by and Return to: Lars G Anderson P.O. Box 2820 Iowa City IA 52245 (319)354 -0331 SANITARY SEWER EASEMENT AGREEMENT ROCHESTER RIDGE PART FOUR - IOWA CITY, IOWA THIS AGREEMENT made by and between Rochester Ridge, L.L.C., hereinafter called "Subdivider ", and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City ". WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Subdivider hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas designated as "15.00' SANITARY SEWER AND UTILITY EASEMENT" and "20.00' x 15.00' SANITARY SEWER EASEMENT ", on the Final Plat of Rochester Ridge Part Four - 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 area. The City shall indemnify Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Subdivider reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Subdivider shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Subdivider until completion and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. } Dated this sbn) day of July, 2013. SUBDIVIDER: ROCHESTER RIDGE, L.L.C. by: Jessc/ Allen, Member and Manager State of Iowa ) ss: Johnson County ) This instrument acknowledged before me this��� day of July, 2013, by Jesse Allen, Member and Manager of Roc ster Rid L.L.C. � f N ERSON is$ x° Commission Number 60422 row MY CJuly25,i20 6xplres Notary Public in and for the State of Ionia CITY OF IOWA CITY, IOWA ATTEST by: Matthew J. Hayek, Mayor Marian K. Karr, City Clerk State of Iowa ) SS: Johnson County ) This instrument acknowledged before me this 300\ day of July, 2013, by Matthew J. Hayek and Marian K. Karr, Mayor and City Clerk respectively of the City of Iowa City, Iowa. (stamp or seal) /�-e(,e. K 7,,f � Notary Public in and for the State of Iowa �°Ar CEI! Ic TUIL Expires o� s0 Cornm�.�rcn _uiber722es �tr;r;:r-omla ion Na vK' 3 �J Illllllillllilllillllliilllllliillllllllllllllllilllilllllllllllillillllllllllil , P Doc ID: 023091370030 Type: GEN Kind SUBDIVISION w.� ! ®� Recorded: 09/17/2013 at 12:13:36 pM r'Ill f'ba Fee Amt: $152.00 Page 1 of 30 Johnson County Iowa tmr ®e Kim painter County Recorder _ 6K5160 PG682-711 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (3 19) 356 -5000 STATE OF IOWA ) (319) 356 -5009 FAX www.icgov.org ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached r hereto is a true and correct copy of Resolution No.] 3-277, which was passed by the City Council of t Iowa City, Iowa, at a regular meeting held on the 3rd clay of September, 2013, all as the same appears of record in my office. Also attached are the final legal documents for Brookwood Pointe �.J Third Addition, Iowa City, Iowa as follows: l� 1. Certificate of County Auditor 2. Consent to Subdivision and Dedication 3. Certificate of County Treasurer 4. Mortgagee Consent to Subdivision 5. Opinion of Attorney I` 6. Subdivider's Agreement 7. Sidewalk, Sanitary Sewer, Storm Sewer & Drainage Easement Agreement 8. Underground Utility Easement Agreement 9. Drainage and Storm Sewer Easement Agreement 10. Temporary Turn Around Easement Agreement ,) 11. Release of Watermain Easement J L / �) Dated at Iowa City, Iowa, this /(Q-/-'day of e t bP , 2013. Marian I�.- Karr City Clerk des subdivision { t Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5243 (SUB13- 00013) RESOLUTION NO. 13 -277 RESOLUTION APPROVING FINAL PLAT OF BROOKWOOD POINTE THIRD ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, Steve Kohli Construction, LC, filed with the City Clerk the final plat of Brookwood Pointe Third Addition, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson County, Iowa, to wit: OUTLOT "A" BROOKWOOD POINTE SECOND ADDITION ACCORDING TO THE PLAT RECORDED THEREOF IN PLAT BOOK 56 AT PAGE 230, JOHNSON COUNTY RECORDER'S OFFICE, IOWA CITY, IOWA, CONTAINING 17.12 ACRES, AT THE TIME OF SURVEY, WHICH INCLUDES 0.98 ACRES OF ROAD RIGHT -OF -WAY THAT IS TO BE DEDICATED TO THE PUBLIC, AND IS SUBJECT TO ANY EASEMENTS AND RESTRICTIONS OF RECORD. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2011) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above - described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner /subdivider. ra Resolution No. 13-277 Page 2 Passed and approved this 3rd day of September , 2013. `r' s k MAYOR Approved by ATTEST: 221 e., x�• z"az Alty CITY C ERK ttorney's Office ' �� It was moved by Payne and seconded by trims the Resolution be adopted, and upon roll call there were: AYES: FR x x x x x x ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton pcdAemplateaSUB13 -00013 Final Plat - Resoluliom doc do 0 • JiflIPkj' /A1jI7kt77 IOWA CITY, IOWA I, Travis Weipert, the Johnson County Auditor, hereby approve of Brookwood Pointe Third Addition, Iowa City, Iowa, as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa; OUTLOT "A," BROOKWOOD POINTE SECOND ADDITION TO THE CITY OF IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 56, PAGE 230, PLAT RECORDS OF JOHNSON COUNTY, IOWA. Travis Weipert, Johnson County Auditor Date Alu CONSENT TO SUBDIVISION AND DEDICATION OF BROOKWOOD POINTE THIRD ADDITION KNOW ALL MEN BY THESE PRESENTS: Steve Kohli Construction, L.C. does hereby certify and state that it is the owner and proprietor of the following described real estate situated in Johnson County, Iowa, to wit: OUTLOT "A," BROOKWOOD POINTE SECOND ADDITION TO THE CITY OF IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 56, PAGE 230, PLAT RECORDS OF JOHNSON COUNTY, IOWA. Steve Kohli Construction, L.C. does further state that the subdivision of said real estate as it appears on the plat to which this certification and dedication is attached is with its free consent and in accordance with its desire. The streets, easements and public walkways in said subdivision are hereby dedicated to the City of Iowa City, Iowa, as provided by Chapter 354 of the 2013 Code of Iowa. IN WITNESS WOF, the proprietor has caused these presents to be signed on this � day of 2013. STATE OF IOWA ) ) ss: JOHNSON COUNTY ) A This instrument was acknowledged before me on this 9 day of r t�, 2013, by Steve Kohli, as a member of Steve Kohli Con ction, L.C. \ °[ N �, no. uc��n s No .�b�e.�r � 1p2c_8i�0 J co nfl s n ues ; 1 Et CERTIFICATE OF COUNTY TREASURER I, Thomas Kriz, hereby certify that I am the County Treasurer of Johnson County, Iowa, and that the following described property is free from taxes or special assessments: OUTLOT "A," BROOKWOOD POINTE SECOND ADDITION TO THE CITY OF IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 56, PAGE 230, PLAT RECORDS OF JOHNSON COUNTY, IOWA, and shown on the attached plat and known and designated as Brookwood Pointe Third Addition, Iowa City, Iowa. Dated at Iowa City, Iowa, this OOL day of 6iu6yv.sl 2013. 1"t" Thomas Kriz County Treasurer, Johnson County, Iowa Parcel No. Ie)a�3aC7Qo) ql� MORTGAGEE CONSENT TO SUBDIVISION The undersigned, Hills Bank & Trust Company, Hills, Iowa, is the Mortgagee of two (2) Mortgages from Steve Kohli Construction, L.C. recorded the 17th day of November, 2005 in Book 3964, Page 51, and recorded March 11, 2008 in Book 4272, Page 159, respectively; Miscellaneous Records of Johnson County, Iowa. Said Mortgage encumbers property designated as Brookwood Pointe Third Addition legally described as: OUTLOT 'A," BROOKWOOD POINTE SECOND ADDITION TO THE CITY OF IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 56, PAGE 230, PLAT RECORDS OF JOHNSON COUNTY, IOWA. The undersigned Mortgagee, pursuant to the provisions of Chapter 354, Code of Iowa, 2013, does hereby consent to the platting and subdivision of Brookwood Pointe Third Addition, Iowa City, Iowa, by Steve Kohl! Construction, L.C. and does hereby release from said Mortgage all streets, easements or other areas to be conveyed or dedicated to the public pursuant to said subdivision. �P n Dated this 2�n day of /7u-/mss- 2013. HILLS BANK & TRUST COMPANY Tim Finer, Vice President STATE OF IOWA ) ss: JOHNSON COUNTY ) This Instrument was acknowledged before me on this ZVI(I day of /t(42M51 , 2013, by Tim Finer, as Vice President of Hills Bank & Trust Company. Notary Public in and for the State of Iowa RENEE HARNED : � , CommIWOn Number 723012 rown MY q EVIres OP Rffff 500TWIMTONTYM I, Douglas D. Ruppert, a regular practicing attorney in Iowa City, Johnson County, Iowa, do hereby certify that I have examined an Abstract of Title to the following described real estate, to wit: OUTLOT "A," BROOKWOOD POINTE SECOND ADDITION TO THE CITY OF IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 56, PAGE 230, PLAT RECORDS OF JOHNSON COUNTY, IOWA. It is hereby certified that fee simple title to said property is in Steve Kohli Construction, L.C. and is free and clear of all liens and encumbrances, except for two (2) Mortgages to Hills Bank & Trust Company, Hills, Iowa, recorded the 17th day of November, 2005 in Book 3964, Page 51, and recorded March 11, 2008 in Book 4272, Page 159, respectively, Miscellaneous Records of Johnson County, Iowa. Dated at Iowa City, Iowa, this day of jQj 2013. Douglas . Ruppert MEARD , SUEPPEL & DOWNER P.L.C. 122 South Linn Street Iowa City, IA 52240 -1802 L�to SUBDIVIDER'S AGREEMENT BROOKWOOD POINTE THIRD ADDITION, IOWA CITY, IOWA THIS AGREEMENT, made by and between Steve Kohli Construction, L.C., hereinafter referred to as Owner and /or Subdivider, and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City," WITNESSETH: SECTION 1. PUBLIC IMPROVEMENTS. In consideration of the City approving the plat of Brookwood Pointe Third Addition, Iowa City, Iowa, an addition to the City of Iowa City, Iowa, the Owner agrees, as a covenant running with the land that, except as provided in this Agreement, the City shall not issue any building permit on any lots in said subdivision unless and until Subdivider installs and City accepts the following improvements: A. Concrete paving at least 26 feet in width on Ashlynd Court. B. Concrete paving at least 26 feet in width on Brookwood Pointe Terrace. C. Storm sewers, tile lines, water mains, drainageways and sanitary sewers as required by the City. D. Subdivision erosion control measures as required by the City under its ordinances. The paving, storm sewers, tile lines, water mains, drainageways, sanitary sewers, and erosion control measures are hereinafter referred to as "Improvements." Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall the Subdivider be deemed acting as the City's agent during the original construction and installation of said Improvements. The parties agree that the obligation to install the Public Improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Subdivider until completion by the Subdivider, and until acceptance by the City, as provided by law. 0 SECTION 2. STORM WATER MANAGEMENT ORDINANCE COMPLIANCE AND COVENANT. The parties hereto acknowledge and agree that the Subdivider is required to provide storm water control facilities ( "Facilities ") for the subdivision under the City's storm water management ordinance, and that said storm water control facilities are to be provided by storm water detention facilities located on Outlot "A," Brookwood Pointe First Addition, Iowa City, Iowa. The parties further acknowledge that sufficient funds have been placed in escrow with the City to cover the costs of constructing and completing said storm water management facilities and that a limited release agreement has previously been executed between the parties which creates a lien on said escrow by reason of the subdivider's obligation to provide storm water management facilities as located within Brookwood Pointe First Addition. The parties further acknowledge that this escrow is being retained by the City pending completion of said storm water management facilities. In consideration of the City's waiver of additional storm water management facilities within Brookwood Pointe Third Addition, the Subdivider agrees that the lien securing the obligation to provide storm water management facilities for the property in Brookwood Pointe Third Addition shall be transferred from the property and shall immediately attach to the escrow currently being held for such purposes and that this lien shall remain attached to the escrow until such time as the facilities have been completed; permanent ground cover is established and mowable; erosion and sedimentation and controlled; and, in the opinion of the City Engineer, substantially all land within the tributary area in the subdivisions has been developed. At such time, the City will issue a final release to the Subdivider for recordation. SECTION 3. CONSTRUCTION OF IMPROVEMENTS. All Improvements and Facilities described in Sections 1 and 2 of this Agreement shall be constructed and installed by the Subdivider according to the plans and specifications approved by the City Engineer of the City of Iowa City, Iowa, who shall have the right to make occasional inspection of the work in progress. Such inspections shall not relieve or release the Subdivider from their responsibility to construct said Improvements and Facilities pursuant to the approved plans and specifications. Further, said inspections shall not create a duty or warranty on the part of the City that the construction of said improvements is in compliance with said plans and specifications. SECTION 4. SIDEWALKS. The Subdivider agrees to install sidewalks adjacent to the streets and abutting each of the lots in said subdivision along Ashlynd Court and Brookwood Pointe Terrace. The sidewalks on both sides of Ashlynd Court and Brookwood Pointe Terrace shall be at least five (5) feet in width, and Subdivider also agrees to install a five (5) foot wide sidewalk between Lots 8 and 9 (a connecting sidewalk from Ashlynd Court to Sycamore Street) according to plans and specifications approved by the City Engineer of the City of 2 IP �t Iowa City, Iowa. The sidewalks shall be installed in the subdivision covered by this Agreement as required by Sections 15 -3 -3; 16- 4 -1C -1, 2 and 3 and 16 -4 -1, Iowa City Code of Ordinances. Sidewalks shall be installed adjacent to each lot prior to the issuance of an occupancy permit for a home constructed on any lot in the subdivision. The sidewalk between Lots 8 and 9 shall be installed prior to the issuance of an occupancy permit for a home constructed on Lot 8 or Lot 9 The obligation for sidewalk installation shall remain a lien on the lots until installed and released by the City, and the release duly recorded in the Johnson County Recorder's Office as required by Section 14- 7A -6(B), Iowa City Code of Ordinances. SECTION 5. BUILDING PERMITS AND ESCROW MONIES. If the Subdivider should desire a building permit on any lot in said subdivision before the Improvements have been installed, the Subdivider shall deposit with the Department of Housing and Inspection Services, in escrow, an amount equal to the estimated cost of constructing said Improvements plus ten percent (10 %) thereof divided by the total number of lots in the subdivision (hereinafter "Improvements Escrow "). The City Engineer shall determine the amount of the escrow which shall be collected for each building permit issued prior to the installation of the Improvements. In addition to the Improvements Escrow, if Subdivision Erosion Control measures have not been installed, with ground cover established by growth, the City may require, as a condition to the issuance of the first building permit for construction within the subdivision, that the Subdivider deposit in escrow with the City the sum of $2,000.00 (the "Erosion Clean -up Escrow ") to assure reimbursement for the cost of cleaning public streets, storm sewers, gutters or catch basins, which may be incurred by the City as a result of erosion from any lot in the Subdivision. The Subdivider shall be responsible for the cost of any such clean -up; and to the extent that the Subdivider fails to accomplish erosion clean -up after reasonable notice from the City, the City is hereby authorized but not obligated to do the work and to charge the cost thereof to the Erosion Clean -up Escrow, if adequate, and to charge any excess costs to the Subdivider. If the Erosion Clean -up Escrow is insufficient to pay the costs incurred by the City, the Subdivider shall promptly reimburse the City for the excess costs incurred. The unused balance of the Erosion Clean -up Escrow shall be returned to the Subdivider after erosion control measures have been installed, and ground cover has been established by growth. After the Erosion Clean -up and Improvements Escrows have been established, the Building Inspector of the City is authorized to issue a building permit, if the applicant is in compliance with all other applicable requirements and ordinances of the City. 3 0 SECTION 6. OCCUPANCY PERMIT. Prior to the issuance of an occupancy permit for any building erected pursuant to Section 5, the City in its discretion may require the Subdivider to construct and install the Improvements, sidewalks and Facilities as required by this Agreement. SECTION 7. USE OF ESCROW MONIES FOR IMPROVEMENTS. If, after the issuance of an occupancy permit, the Improvements and Facilities have not been constructed and installed, the City may use any funds deposited in the Improvements Escrow to construct and install the Improvements and Facilities. If the cost of constructing and installing said Improvements and Facilities exceeds the amount of the escrow, the City shall have a lien and charge against all the lots in the subdivision for the balance of the costs. After the construction and installation of the Improvements, the City shall refund to the Subdivider any Improvements Escrow monies not used by the City for the construction and installation of the Improvements and the Facilities. SECTION 8. WAIVER. If Subdivider, its assigns or successors in interest, sells or conveys lots in said subdivision without constructing or installing the Improvements or Facilities; or the Subdivider fails to construct the Improvements or sidewalks, the City shall have the right to install and construct said Improvements, Facilities or sidewalks. Subdivider acknowledges and agrees that all lots in the subdivision are specifically benefited by the Improvements and the Facilities so that the cost of the installation shall be a lien against all of the lots in the subdivision under Chapter 384 of the 2013 Code of Iowa, as amended. The cost of the Improvements and the Facilities need not meet the requirements of benefit or value as provided by the law of the State of Iowa for assessing such improvements. The cost of installing the sidewalks shall be a lien only against the lot or lots abutting those sidewalks that have not been installed. It is further provided that this requirement to construct the Improvements, Facilities or sidewalks is and shall remain a lien against the lots in the subdivision until properly released, as hereinafter provided. SECTION 9. IMPROVEMENTS AND SIDEWALK RELEASE. The City agrees that when the Improvements have been installed as required, to the satisfaction of the City, the City will, upon request, promptly issue to the Subdivider, for recording in the office of the County Recorder of Johnson County, Iowa, good and sufficient release to the lots in said subdivision so that this Agreement will not constitute a cloud upon the title of the lots in said subdivision. A separate sidewalk lien release may be issued where appropriate. The City Manager is hereby authorized to execute the releases contemplated in this section. This Section also authorizes the execution of one or more limited releases based on the use of escrows as contemplated in this agreement. 4 0 SECTION 10. STREET MAINTENANCE. The Subdivider agrees that the public services, including but not limited to, street maintenance, traffic control, snow removal and rubbish and trash collection need not be extended to any part in said subdivision until the pavement is installed and accepted by the City. SECTION 11. NEIGHBORHOOD OPEN SPACE. The parties acknowledge and agree that the neighborhood open space requirements pursuant to the provisions of Section 14 -7D -4 of the Iowa City Code of Ordinances for Brookwood Pointe Third Addition were fully satisfied with the approval of Brookwood Pointe First Addition. SECTION 12. MISCELLANEOUS. A. All electrical, telephone and cable television service and distribution lines shall be installed underground. B. Conditional Zoning Agreement. The Subdivision is subject to a conditional zoning agreement adopted with and incorporated into Iowa City Ordinance 05 -4161 rezoning the property. In accordance with the provisions of said conditional zoning agreement requiring a contribution towards the cost to improve South Sycamore Street, prior to the issuance of an occupancy permit for any lot in Brookwood Pointe Second Addition, Subdivider shall pay to the City $12,059.05 ($2,507.08 multiplied by 4.81 acres). Additional payments for the required contribution towards the cost to improve South Sycamore Street, in the amount of $2,507.08 per acre, shall be paid upon develop ment/resubdivision of Outlot A, prior to the issuance of occupancy permits therein. C. In accordance with the provisions of above - referenced conditional zoning agreement requiring a $16,150.00 contribution towards a landscape buffer along South Sycamore Street when it is improved, prior to the issuance of a building permit for any lot in Brookwood Pointe Third Addition, Subdivider shall pay to the City $5,916.00 toward the landscaping buffer cost which constitutes the remaining balance of the landscape buffer contribution. D. Any fencing or other improvements constructed on lots abutting South Sycamore Street shall be constructed at least 25 feet to the west of South Sycamore Street right -of -way to provide sufficient room for the landscape buffer. 5 E. Sycamore Regional Stormwater System Fee. 2.99 acres of the subdivision will utilize the Sycamore Regional Stormwater System. Prior to the issuance of a building permit for any lot in Brookwood Pointe Third Addition, Subdivider shall pay to the City, for use of the Sycamore Regional Stormwater system by lots in the Subdivision along Sycamore Street, a fee in the amount of $10,704.20 ($3,580 per acre multiplied by 2.99 acres). F. Sanitary Sewer Tap -on Fee. Prior to the issuance of a building permit for any lot in Brookwood Pointe Third Addition, Subdivider shall pay to the City a sanitary sewer tap -on fee in the amount of $8,638.76 ($1,796 multiplied by 4.81 acres). Additional sanitary sewer tap -on fees in the amount of $1,796 per acre shall be paid upon development/resubdivision of Outlot A, prior to the issuance of building permits therein. G. Water Main Extension Fee. Prior to the issuance of a building permit for any lot in Brookwood Pointe Second Addition, Subdivider shall pay to the City a water main extension fee in the amount of $1,899.95 ($395.00 multiplied by 4.81 acres). Additional water main extension fees in the amount of $395 per acre shall be paid upon development/resubdivision of Outlot A, prior to the issuance of building permits therein. H. Temporary Turn - around. Subdivider shall be responsible for the construction of a temporary turn - around at the end of Ashlynd Court according to plans and specifications approved by the City. At such time as Ashlynd Court is extended in a westerly direction from the subdivision, the Subdivider shall be responsible for the removal of the temporary turn - around. I. Minimum low opening elevations for Lots 8 and 9 shall be 700.30 feet for front yard and side yard adjacent to connecting sidewalk from Ashlynd Court to Sycamore Street. J. Plat notes and surveyor's notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant, or create any third party beneficiaries to any noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any applicable public notice and approval process required by law, to alter or amend any plat note, or to sell or vacate any right -of -way, street, alley, park, easement, open area or other land set apart and dedicated for public use within the plat. The City further reserves the right, upon request of the owner or successor in interest, to vacate the plat and /or relocate any easement, alter lot boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law. 6 �v 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. DATED this day of 2013. S' 3 CITY OF IOWA CITY. IOWA By: ,A Matthew Hayek, Ma or By: -/-"" . `1<�i'4' Marian K.-Karr, City Clerk STATE OF IOWA ss: JOHNSON COUNTY This instrument was acknowledged before me or by Steve Kohli, as a member of Steve Kohli Construction, 2013, >>i DOUGLASD.f2UPPCRT rommis ron Nr mbar 12858£ MY, Cpmi is� rpires 7 1„ STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on � r znf�rh -�c2% 4-, 2013, by Matthew Hayek and Marian K. Karr, as Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. %CZLCre. �! ate. Notary Public in and for the State of Iowa —xw! I<ELLIE V ry ion Numb LE COMM, Com e019 A4y L m i Exp 8 SIDEWALK, SANITARY SEWER, STORM SEWER AND DRAINAGE EASEMENT AGREEMENT FOR BROOKWOOD POINTE THIRD ADDITION THIS AGREEMENT made and entered into by and between Steve Kohli Construction, L.C., hereinafter referred to as Owner and /or Subdivider, which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa, hereinafter referred to as City, which expression shall include its successors in interest and assigns. IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, the Owner hereby grants and conveys to the City, an exclusive easement for the purposes of establishing and using a public sidewalk, excavating for and the installation, replacement, maintenance and use of such drainage way, sanitary sewer or storm sewer lines as the City shall from time to time elect for conveying sewage or storm water and all necessary appliances and fittings for use in connection with said lines, together with adequate protection thereof and also a right -of -way with right of ingress and egress thereto, over and across the areas designated as Sidewalk, Sanitary Sewer, Storm Sewer and Drainage Easement (hereinafter "easement areas ") as shown on the final plat for Brookwood Pointe Third Addition. The parties hereto acknowledge and agree that the easement rights granted herein are exclusive of other utilities and uses, except that other utilities may cross the easement areas at right angles and as outlined further herein. The Owner further grants to the City the following rights in connection with the above: 1. The right of grading said easement areas for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said easement areas, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away all trees and brush on said easement areas, and on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said areas or may interfere with the exercise of the City's rights hereunder in any manner. The City shall indemnify the Owner against any loss and damage which shall be caused by the negligent exercise of any said ingress or egress, construction, maintenance or use by the City or its agents or employees in the course of their employment. The Owner reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of its rights granted herein; provided that the Owner and lot owners and their successors and assigns shall not erect or construct any building, fence, retaining wall or other structure; plant any trees, drill or operate any well, or construct any reservoirs or other obstruction on said easement areas, or diminish or substantially add to the ground cover over said easement areas. Subdivider may place trees and /or fences in the easement areas upon the written approval of the City. However, fences or trees placed in the easement areas, with or without City approval, may be removed by the City without obligation or compensation or replacement. The Owner hereby covenants with the City that it is lawfully seized and possessed of the real estate above described, and that it has good and lawful right to convey it or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall the Subdivider be deemed acting as the City's agent during the original construction and installation of said improvements. The parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Subdivider until completion by the Subdivider, and until acceptance by the City, as provided by law. After the public sidewalk is constructed by Owner on the easement area, the Owner and /or its successors in interest, which may be a Homeowners Association, shall have the obligation and responsibility of maintaining the easement area, including snow and ice removal and general maintenance of the sidewalk. If the Owner or Owner's successors in interest fail to meet said maintenance obligations in accordance with this Agreement, the City shall have the right to perform said maintenance. Owner acknowledges and agrees that all lots in the Subdivision are specifically benefited by this sidewalk, so 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. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto and all covenants shall be deemed to apply to and run with the title to the land. SIGNED this? mn day of-AU 2013. 2 ON CITY OF IOWA CITY, IOWA By: / �A Matt Hayek, Mayor By: � XJ ti�i vri Marian Karr, City Clerk STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this day of lack , 2013, by Steve Kohli, as a member of Steve Kohli Constf tion, L.C. Ion � „�Ccii ni of hi mbrr �28�J89 � # � F !` \ is iiPlras i STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 44, /k- day of 2013, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matt Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of 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 Matt Hayek and Marian K. Karr acknowledged the execution of said instrument to 3 00 be the voluntary act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public in and for the State of Iowa ecwr n I(ELLIE {<. TUrrLE '\ S. Corrmisslon Plumber 227819 .( _ -„ My C m sr Expires q� � M, UNDERGROUND UTILITY EASEMENT AGREEMENT BROOKWOOD POINTE THIRD ADDITION, IOWA CITY, IOWA In consideration of the approval of the final plat of Brookwood Pointe Third Addition, Iowa City, Iowa, the undersigned owner hereby grants to MidAmerican Energy Company; Centuryl-ink, Inc. and Mediacom Iowa, LLC, a perpetual right -of -way easement upon, over, under, along and across the areas marked on the final plat of Brookwood Pointe Third Addition, Iowa City, Iowa, as "Utility Easement." The grantees of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purpose of serving the 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, 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 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 representatives, the same may be used for gardens, shrubs, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. Grantees' rights, however, include the right to remove and /or clear away any such gardens, shrubs, minor landscaping, bushes and plantings within the easement area without compensation to Grantor or its successors in interest. SIGNED this ,day of 2013. PIT STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on ol 2013, by Steve Kohli, as a member of Steve Kohli Construction, L.C. IS °; �o rmi inn Ni ihergn969 I I 2 1i/ L rtu �tia - xuires `q IS • THIS AGREEMENT made and entered into by and between Steve Kohli Construction, L.C., hereinafter referred to as Owner and /or Subdivider, which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa, hereinafter referred to as City, which expression shall include its successors in interest and assigns. IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, the Owner hereby grants and conveys to the City, an exclusive easement for the purposes of excavating for and the installation, replacement, maintenance and use of such drainage way or storm sewer lines as the City shall from time to time elect for conveying storm water and all necessary appliances and fittings for use in connection with said lines, together with adequate protection thereof and also a right -of -way with right of ingress and egress thereto, over and across the areas designated as Drainage and Storm Sewer Easement (hereinafter "easement areas ") as shown on the final plat for Brookwood Pointe Third Addition. The parties hereto acknowledge and agree that the easement rights granted herein are exclusive of other utilities and uses, except that other utilities may cross the easement areas at right angles and as outlined further herein. The Owner further grants to the City the following rights in connection with the above: 1. The right of grading said easement areas for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said easement areas, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away all trees and brush on said easement areas, and on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said areas or may interfere with the exercise of the City's rights hereunder in any manner. The City shall indemnify the Owner against any loss and damage which shall be caused by the negligent exercise of any said ingress or egress, construction, maintenance or use by the City or its agents or employees in the course of their employment. 11 The Owner reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of its rights granted herein; provided that the Owner and lot owners and their successors and assigns shall not erect or construct any building, fence, retaining wall or other structure; plant any trees, drill or operate any well, or construct any reservoirs or other obstruction on said easement areas, or diminish or substantially add to the ground cover over said easement areas. Subdivider may place trees and /or fences in the easement areas upon the written approval of the City. However, fences or trees placed in the easement areas, with or without City approval, may be removed by the City without obligation or compensation or replacement. The Owner hereby covenants with the City that it is lawfully seized and possessed of the real estate above described, and that it has good and lawful right to convey it or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall the Subdivider be deemed acting as the City's agent during the original construction and installation of said improvements. The parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Subdivider until completion by the Subdivider, and until acceptance by the City, as provided by law. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto and all covenants shall be deemed to apply to and run with the title to the land. SIGNED this day of '-AU0, 1 2013. STEV KOHLI C RUCTION, By: Steve ', ember CITY OF IOWA CITY, IOWA By: n� A;:F< n Matt Hayek, Mayo Marian k: Karr, City Clerk 2 0 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) T is instrument was acknowledged before me on , 2013, by Steve Kohli, as Constructi , L.C. STATE OF IOWA ) ) ss: JOHNSON COUNTY ) this day of member of Steve Kohli �° '��IConnn smn Nr n�i92,9tirJ On this IA day of 5tfoJ -eMk t' , 2013, before me, the undersigned, a Notary Public in and f sro aid County, in said State, personally appeared Matt Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of 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 Matt Hayek 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. Notary Public in and for the State of Iowa I<ELLIE It. TUTTLE �r Commisslon Number 221819 A4y Cm�SSI n xpires we TEMPORARY TURN AROUND EASEMENT AGREEMENT BROOKWOOD POINTE THIRD ADDITION, IOWA CITY, IOWA THIS AGREEMENT, made and entered into by and between STEVE KOHL] CONSTRUCTION, L.C., an Iowa Limited Liability Company, hereinafter referred to as "Owner", and the CITY OF IOWA CITY, IOWA, a municipal corporation, hereinafter referred to as "City ". In consideration of their mutual promises herein, Owner and City agree as follows: 1. Owner states and covenants that it is the owner of Outlot 'A," Brookwood Pointe Third Addition, Iowa City, Iowa, according to the recorded plat thereof, that it is lawfully seized and possessed of said real estate, and that it has good and lawful right to convey this easement. 2. Owner does hereby grant and convey to the City temporary turn around easement in, over and across that portion of Owner's property described as Temporary Turn Around Easement as shown on the Final Plat of Brookwood Pointe Third Addition, Iowa City, Iowa. Said easements include the following: (a) City service vehicles are granted a means of ingress, egress and passage over the temporary easement areas. (b) The City's Police Department is authorized to ticket, tow, or cause to be towed, pursuant to the Code of Iowa, as amended, any motor vehicle that has been parked or placed upon the temporary easement areas in violation of the parking laws of the City and State of Iowa. This Agreement shall serve as appropriate notice for such authorization to City's Police Department under the Code of Iowa, as amended. Owner shall place this Easement Agreement of record as its sole obligation to notify all persons who may improperly park upon said temporary easement areas. (c) The City's Fire Department is granted an easement with the right of access over and across each of the temporary turn around easement areas in Brookwood Pointe Third Addition. Said right of access includes the right of non - emergency access and posting for purposes of enforcing fire safety standards under the Uniform Fire Code, as amended. 3. The term of the Temporary Turn Around Easement at the westerly terminus of Ashlynd Court will be for the period of time until Ashlynd Court is extended in a westerly direction from Lots 1 and 17, Brookwood Pointe Third Addition, into Outlot "A," Brookwood Pointe Third Addition. 4u 4. Owner reserves the right to use said temporary turn around easement areas for purposes which will not interfere with City's full enjoyment of its rights created hereby, provided that Owner shall not erect or construct any building, fences or structures; plant any trees, drill or operate any wells; or construct any reservoirs or other obstructions on said area; or diminish or substantially add to the ground cover upon said easement areas. 5. City shall have no responsibility for maintaining the easement area. 6. City shall indemnify Owner against loss or damage which occurs as a result of the City's negligent acts or omissions in the exercise of its easement rights granted herein. 7. The provisions herein shall inure to the benefit of, and bind the successors and assigns of the respective parties hereto, and all covenants shall be deemed to apply to and run with the land and the title thereto. SIGNED this _ day of 2013. CITY OF IOWA CITY, IOWA By: nf _.- - I n Matthew Hayek, ffaybf By: - keLI/ Mariah K. Karr, City Clerk 2 N(-Q STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on 4't 2013, by Steve Kohli, as a member of StyveLtohli Construction, L.C. Mtary "c in and fort `$fAte of Iowa STATE OF IOWA ( ommis 1 ) °,�'� iConuii mIo�n� l\1mbu 178b'89� l ` G1igpires ) SS: � 4 JOHNSON COUNTY ) This instrument was acknowledged before me on S-,01e )the r 4 , 2013, by Matthew Hayek and Marian K. Karr, as Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. Notary Public in and for the State of Iowa �.irRc KELLIE I<. TUTTLE z° f5 S Commission umb r221819 W} ;' Any Com 5 or�Exgires 3 qt,0 Prepared by: Douglas D. Ruppert, 122 South Linn Street, Iowa City, IA 52240, (319) 338 -9222 Return to: Douglas D. Ruppert, 122 South Linn Street, Iowa City, IA 52240 RELEASE OF WATERMAIN EASEMENT COMES NOW, the undersigned, who hereby release, vacate and terminate the easement shown and designated as "15' x 35' Watermain Easement" on the plat for Brookwood Pointe Second Addition, Iowa City, Iowa, recorded in Book 56, Page 230, Plat Records of Johnson County, Iowa. Dated this Zkday of August, 2013. CITY OF IOWA CITY, IOWA By:� Matthew Hayek, Mayor Marian K. Karr, City Clerk IA� STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on August 2013, by Steve Kohli, as a member of Steve Kohli Construction, L.C. STATE OF IOWA ) ) ss: JOHNSON COUNTY ) °hr �Commi )i n nn�zr 1 898 I IJI (� it ��reS m „ �nv%2r This instrument was acknowledged before me on— Aiigtist- 47"k< 2013, by Matthew Hayek and Marian K. Karr, as Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. Notary Public in and for the State of Iowa ��41Ar sF : KELLIE K. 7UITLG �°j l phu Commission m or 221819I Rty Co �Sssio/{�,�E oires l uo ^ 5-- - J 2 E Doc ID: 023093870011 Type: GEN - Kind; ORDINANCE Recorded: 09/19/2013 at 12:17:16 PM: Fee Amt: $57.00 Page 1 of 11 Johnson County Iowa Kim Painter County Recorder - BK5161 PG716 -726 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. 13-4552 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of September, 2013, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 18th day of September, 2013 / Marian K. Karr City Clerk \ord 410 EAST WASHINGTON STREET o IOWA CITY, IOWA 52240 -1826 o (319) 356 -5000 o FAX (319) 356 -5009 1 '" 1 Prepared by: Darian Nagle -Gamm, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ13- 00004) ORDINANCE NO. ORDINANCE CONDITIONALLY REZONING 1.05 ACRES OF LAND LOCATED ON NORTH 15` AVENUE, NORTH OF ROCHESTER AVENUE FROM LOW- DENSITY MULTI - FAMILY (RM -12) ZONE TO PLANNED DEVELOPMENT OVERLAY /LOW- DENSITY MULTI - FAMILY (OPD /RM -12) ZONE. (REZ13- 00004) WHEREAS, the applicant, Jeff Miller Construction, has requested a rezoning of property located at North 1" Avenue, north of Rochester Avenue, from Low - Density Multi - Family Residential (RM -12) to Low - Density Multi - Family Residential with Planned Development Overlay (OPD /RM -12); and WHEREAS, the subject property was conditionally rezoned from Low - Density Single - Family Residential (RS -5) to RM -12 in 2012, and at that time the applicant's engineer had not yet delineated the critical and steep slopes on the property; and WHEREAS, during site plan review, it was determined that more than 35% of critical slopes found on the property were proposed for disturbance, which means a Level II review through the planned development rezoning process would be required; 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 imposed to address certain public needs caused by the rezoning, more specifically to promote safety in the design and construction of developments on sloping sites, to minimize soil instability and erosion, to prevent landslides, flooding, and mudslides; to preserve the scenic character of hillside areas; and to provide a landscaping buffer of non - invasive plant species between the development and Hickory Hill Park; and WHEREAS, Iowa Code §414.5 (2013) 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 RM -12 to OPD /RM -12: LEGAL DESCRIPTION ComneecibS at the northwest corner of Section 12, Township 79 North, Range 6 West of the Fifth Principal. Meridian, thence 800002126 "W, 600.07 feet along the west line of said Section 121 thence 689 009'37 0W, 25.38 feet to a point on the west right of way line of First Avenue and the point of beginnings thence southeasterly, 303.23 feet along said westerly right of way line, on a 630.00 foot radius curve, concave northeasterly, whoae 30D.31 foot chord bears SO4 048129 ^s to the northeaaL•erly corner of Lot 3 of First and Rochester Addition Part one; thence 889623149"W, 57.18 feet along the north line of said Lot 31 thence X89 036120 011, 122.87 feet along said north line; thence N00 032'36 "N, 296.79 fact; thence N69 009137 08, 157.02 feet to the point of beginning. 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. Al Ordinance No. 11-455 Page 2 SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 17th day of September , 2013. ATTEST: 7S 7(9�4d CITY CLERK App" ved by City Attorney's Office gd "-/ 3 C®1,PORATE SEAL �kl Ordinance No. 13 -4552 Page 3 It was moved by Payne and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: —x_ x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 8/20/2013 Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAY$:s.Dobyns. ABSENT: None. Second Consideration 910312013 Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Champion, Dickens. NAYS: Throgmorton. ABSENT: None. Date published IAI Prepared by: Darian Nagle -Gamm, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5254 (REZ13- 00004) THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), the Regina Foundation (hereinafter "Owner "), and Jeff Miller Construction (hereinafter "Applicant "). WHEREAS, Owner is the legal title holder of approximately 1.05 acres of property located on North 15' Avenue, north of Rochester Avenue, south of the North V Avenue -Stuart Court intersection, and east of the Regina High School sports field and track; and WHEREAS, the Owner has requested the rezoning of said property to add a Planned Development Overlay designation related to a Level II Sensitive Areas Review due to proposed disturbance of over 35% of the critical slopes on the property; 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 imposed to address certain public needs caused by the rezoning, more specifically to promote safety in the design and construction of developments on sloping sites, to minimize soil instability and erosion, to prevent landslides, flooding, and mudslides; to preserve the scenic character of hillside areas; and to provide a landscaping buffer of non - invasive plant species between the development and Hickory Hill Park; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for protection of environmentally - sensitive areas; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. The Regina Foundation is the legal titleholder of the property legally described as: Gorwnenolag at the }northwest corner of Section 12, Township 79 North, Range 6 West of the Fifth Principal Meridian; thence 600002126 11161, 600.07 feet along the west line of maid 5ectioia 12/ thence 889 °09'371% 25.38 feet to a point on the west right of way line of First Avenue and the point of beginning; thence southeasterly, 303.23 feet along said westerly right of way line, on a 630.00 foot radius curve, concave northeasterly, whose 300.31 foot chord Hears SO4 048'29 "E to the northeasterly corner of Lot 3 of First and Rochester Addition Part one; thence S89 023149 "W, 57.18 feet along the north line of said Lot 3; thence X89 °36'20 "i9, 122.07 feet along said north line; thence N00 032136 "E, 296.79 feet; thence X89 °09137 11E, 157.02 feet to the point of Leginuing. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Central District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2013) 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 ppdadm/agVwIp"tdwx 1 lki change. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. The design of the retaining walls and foundations for the development shall incorporate the recommendations contained within the submitted Geotechnical Engineering Report issued by Terracon dated July 12th, 2013 and shall be signed and sealed by a professional structural engineer, certified in the State of Iowa, prior to approval of the site plan. The professional structural engineer of record will certify the retaining walls and foundations were constructed per plan prior to the Certificate of Occupancy; b. Development of the property is consistent with the submitted Preliminary Sensitive Areas Site Development Plan date 4/11113 with a revised date of 6/5/13, attached hereto, that indicates the layout of the building, parking, landscaping, driveway location, and storm water facilities; c. The building is designed in general accordance with the submitted elevation drawings, attached hereto, with any additional changes or conditions imposed by the Design Review Committee to ensure that the building complies with the Central Planning District multi - family site development standards and other conditions related to landscaping and screening as set forth in this agreement; d. Areas north of the parking lot must be planted and maintained with a combination of trees, shrubs, and ground covers as recommended in the approved list of Johnson County Heritage Trust rather than turf grass; e. Any retaining walls over three feet in height that are visible from the public right -of- way shall be screened with appropriate landscaping to soften the view of the walls from First Avenue; f. Where possible, additional trees of an appropriate species for the location shall be planted south of the building to provide additional tree coverage to replace trees that are removed during construction; and g. A landscaping plan to implement conditions d, e., and f, shall be submitted to the Design Review Committee for review and approval. 4. The Owner, Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2013), and that said conditions satisfy public needs that are caused by the requested zoning change, 5. The Owner, Applicant, and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the ppdadmlzgVOUtp.Ldocz 2 11\ City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 17th day of. September 12013. CITY OF IOWA CITY Jeff Miller Construction, Inc., APPLICANT _fin A A�2 X� ® &t Slme� Matthew J. Hayek Mayor m ) Attest: Marl K. Karr, City Clerk App ved by: 7 City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me Regina Foundafign, OWNER on diLlx r I f , 2013, by Matthew J. Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. tiP r KELLIEK.TUTTLE o Commission Number 221879 },� My co misspn Expires owr r /°/ Notary Public in and for the State of Iowa ppdedm /a9VWtputd00% 3 V 1l (Stamp or Seal) Title (and Rank) APPLICANT ACKNOWLEDGEMENT: STATE OF G ) ) ss: Jo4 ate,,_ COUNTY ) This instrument was acknowledged before me on &i-eg ` 2013 by �Je4� l l ktr [name] as [title] of E/E 4 ; �/[name of business]. 604t f -v C=f7 B'YL- OWNER ACKNOWLEDGEMENT: STATE OF ss: Jo�n58n COUNTY) Notary Public in and for said County and State (Stamp or Seal) Title (and Rank) This instrument was acknowledged before me on r is5 2013 by nn.. [name] as 'P [title] of W�ri`� dtutP r 1 x. � vPe. (name of business]. Notary Pubfic in and for said County and State (Stamp or Seal) Title (and Rank) 0 [ARIAL. SEAL ppdadnVagVmtput.d= 4 1 ee9���� g'S „, €' a sR 3` I 4 I B +ti lei fi I Z D i ill"”, 3' Cl) m ° Z o0 T � i O C a m �u 58 Aga ..L'•, .' ((v e{ g °;$h (n1 £ O S O t, a DZm —10 ;eke m < �Oa , m O ``'� ✓° © s b { 6 pS 1y � A�3 1 g. 3: P f i' 1 rvsY —a D Z 1 — S .SPf( Vtq.. SMp� � - - ��^ yl I 394 I .,✓ - -„ —P P' `Y� : 'x•1:19 Mp �gk ig � x ecxxe ,P 4 i ❑ D °�` $ L { d 5 ��f e � J '.All l.sh,.le NO3 a i VIII � -D—i 555py II1 I ,tyg ` g' - -- -' - --- --- - ---- -- ----- iilll D B fi m fi I Z D i ill"”, 3' Cl) m ° Z B fi m fi Z D i 3' Cl) m ° Z �n T ;gGS O C m £ nrn ;u g ®v g °;$h (n1 £ O S O t, a DZm —10 ;eke m < �Oa , m O m z —a D Z 'pep � Z {d 5e{@jldCfl p- p�§ �Eb,°aS�g4ig �`Fa SS v d :p ag(.ad3 ^s 4 l� �6�ep�64¢C �q iy It 0 / \ \ \ ) \ / / b,. �\7\ ) \/§ mom2 !!!!! || •�| |! `! | ! � ƒ)) lit it I ; \ Aj E � � N) ;) \( mR ! ;(Z, (� / f �z \ �m) \q\ ®moo m/ \ z z a 2 > z �gHG q §m E ! Saeua ., lWRQ! §& mom2 !!!!! || •�| |! `! | ! � ƒ)) lit it I ; \ Aj E � � N) ;) \( mR ! ;(Z, (� / f �z \ �m) \q\ ®moo m/ \ z z a 2 > z �gHG q §m E ! / Ti [ ? Ti § ] \ § ; , � ] \ \ ! ) � ! vee Doc ID: 023105800004 Type: GEN Kind: ORDINANCE Recorded: 10/03/2013 at 02:33:57 PM Fee Amt; $22.00 Page 1 of 4 Johnson County Iowa Kim Painter County Recorder BK167 PG9 -96 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. 13 -4557 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the Ist day of October, 2013, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 2nd day of October, 2013 Marian K�Karr City Clerk \Ord CORPORATE BEAD 410 EAST WASHINGTON STREET a IOWA CITY, IOWA 52240 -1826 e (319) 356 -5000 a FAX (319) 356 -5009 0 IN Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5243 (REZ11- 00010) ORDINANCE NO. 13 -4557 ORDINANCE REZONING APPROXIMATELY 13.07 ACRES LOCATED AT 1729 NORTH DUBUQUE ROAD FROM LOW DENSITY SINGLE FAMILY (RS -5) TO PLANNED DEVELOPMENT OVERLAY - LOW DENSITY SINGLE FAMILY (OPD -5). (REZ11- 00010) WHEREAS, the applicant, Allen Homes, has requested a rezoning of property located at 1729 North Dubuque Road from Low Density Single Family (RS -5) to Planned Development Overlay - Low Density Single Family (OPD -5); and WHEREAS, Allen Homes proposes to use the property to develop The Palisades, a 32 -lot residential subdivision; and WHEREAS, the Comprehensive Plan indicates that the area is appropriate for single - family and duplex residential uses and open space; and WHERAS, the subdivision incorporates single - family residential uses and open space in compliance with the Comprehensive Plan; and WHEREAS, sensitive areas, including critical slopes and woodlands, are present on the property; and, WHEREAS, in order to provide for the connection of Oakes Drive and storm water management on this property, it is necessary to remove more than 50 percent of the woodlands and grade more than 35 percent of the critical slopes; and. WHEREAS, replacement trees will be planted; and, WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of RS -5 to OPD -5: LEGAL DESCRIPTION BEGINNING AT THE SOUTHEAST CORNER OF DEAN OAKES FIRST ADDITION, TO IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE RECORDED PLAT THEREOF; THENCE SOUTHWESTERLY 228.20 FEET, ALONG THE CENTERLINE OF DUBUQUE ROAD AND AN ARC OF A 303.70 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 222.87 FOOT CHORD BEARS S39027142 "W; THENCE S18 001'40 "W, ALONG SAID CENTERLINE, 617.60 FEET; THENCE N87008'44 "W, ALONG THE NORTH LINE OF LOT ONE, DONAHUE SUBDIVISION, TO IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE RECORDED PLAT THEREOF, 638.60 FEET; THENCE N02002146 "E, 742.00 FEET; THENCE S89009'05 "E, 944.20 FEET, ALONG THE SOUTH LINE OF DEAN OAKES THIRD ADDITION, TO IOWA CITY, JOHNSON COUNTY, IOWA IN ACCORDANCE WITH THE RECORDED PLAT THEREOF AND THE SOUTH LINE OF SAID DEAN OAKES FIRST ADDITION, TO THE POINT OF BEGINNING CONTAINING 13.07 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION 11. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance 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 4 Ordinance No. 13 -4557 Page 2 invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. A MAYOR ATTEST:2?wp,- .'tit) CITY CLERK App r ved by /9' lea i7y7 yr ' City Attorney's Office dy/4a /� M. Ordinance No. 13-4557 Page 3 It was moved by Dobyns and seconded by Dickens that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton First Consideration 9/03/2013 Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Champion. NAYS: Throgmorton. ABSENT: None. Second Consideration_ 9/17/2013 Voteforpassage: AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne. NAYS: Throgmorton. ABSENT: None. Date published M 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. 13-296, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the Ist day of October, 2013, all as the same appears of record in my office. Also attached are the final legal documents for Country Chub Estates — Fifth Addition, Iowa City, Iowa as follows: Subdivider's Agreement 2. Owner's Certificate & Dedication Doc ID: 023109060038 Type: GEN Kind: SUBDIVISION Recorded: 10/08/2013 3. at 12:23:43 PM Pee Amt: $192.00 Pagel of 38 Johnson County Iowa ,y �4'i ®� Kim Painter County Recorder 5. BK5163 PG362 -399 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 Underground Utility Easement (3 19) 3 56-5 000 STATE OF IOWA ) (319) 356 -5009 FAX ) SS www.Icgov.org 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. 13-296, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the Ist day of October, 2013, all as the same appears of record in my office. Also attached are the final legal documents for Country Chub Estates — Fifth Addition, Iowa City, Iowa as follows: Subdivider's Agreement Dated at Iowa City, Iowa, this %-")' day of ohe r , 2013. Marian K. Karr City Clerk fires subdivision V\q 2. Owner's Certificate & Dedication 3. Certificate of CountyTreasurer 4. Certificate of County Auditor 5. Opinion of Attorney o6. Consent of Mortgagee (Hills Bank & Trust Company) 7. Underground Utility Easement v 8. Storm Sewer .0 Utility Easement Agreement 9. 10. Sanitary Sewer & Utility Easement Agreement Temporary Construction Easement Agreement Dated at Iowa City, Iowa, this %-")' day of ohe r , 2013. Marian K. Karr City Clerk fires subdivision V\q j1Fc 10.01 -13 4h MEMEMEM Prepared by: Robert Mildo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5240 (SUB13- 00015) RESOLUTION NO. 13 -296 RESOLUTION APPROVING FINAL PLAT OF COUNTRY CLUB ESTATES FIFTH ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, S & J Development LLP, filed with the City Clerk the final plat of county Club Estates Fifth 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: LEGAL DESCRIPTION COUNTRY CLUB ESTATES FIFTH ADDITION A portion of the Northwest Quarter of the Southeast Quarter, and a Portion of the Southwest Quarter of the Southeast Quarter of Section 13, Township 79 North, Range 7 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, described as follows: Commencing at the Center of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence S01 °15'57 "W, along the West Line of the Southeast Quarter of said Section 13, a distance of 361.50 feet, to the Southwest Corner of Auditor's Parcel 2002031, in accordance with the Plat thereof Recorded in Plat Book 45, at Page 53 of the Records of the Johnson County Recorder's Office, and the Point of Beginning; Thence S89 °44'32 "E, along the South Line of said Auditor's Parcel 2002031, a distance of 361.44 feet, to the Southeast Corner thereof, and a Point on the West Line of Country Club Estates Fourth Addition, in accordance with the Plat thereof Recorded in Plat Book 57, at Page 285 of the Records of the Johnson County Recorder's Office; Thence S60 °08'15 "E, along said West Line, 39.46 feet; Thence S14 °09'30 "W, along said West Line, 136.39 feet; Thence S77 °41'01 "E, along said West Line, 149.65 feet; Thence S12 °18'59 "W, along said West Line, 10.00 feet; Thence S76 028'12 "E, along said West Line, 10.20 feet; Thence Southwesterly, 30.16 feet along said West Line on a 890.77 foot radius curve, concave Southeasterly, whose 30.16 foot chord bears S12 °33'36 "W; Thence Southwesterly, 9.63 feet, along said West Line on a 759.50 foot radius curve, concave Northwesterly, whose 9.63 foot chord bears S11 °57'12 "W; Thence N77 °41'01 "W, along said West Line, 161.39 feet; Thence S14 °09'30 "W, along said West Line, 65.24 feet, to the Southwest Corner thereof; Thence S71 026'24 "E, along the South Line of said Country Club Estates Fourth Addition, 219.94 feet; Thence Northeasterly 2.13 feet, along said South Line on a 819.50 foot radius curve, concave Northwesterly, whose 2.13 foot chord bears N18 029'07 "E; Thence S71 °35'21 "E, along said South Line, 165.39 feet, to the Southeast Corner thereof, and a Point on the West Line of Country Club Estates Second Addition, in accordance with the Plat thereof Recorded in Plat Book 49 at Page 270 of the Records of the Johnson County Recorder's Office; Thence S11 °37'37 "W, along said West Line, 321.22 feet, to the Southwest Corner of said County Club Estates Second Addition, and a Point on the West Line of Country Club Estates First Addition, in accordance with the Plat thereof Recorded in Plat Book 43, at Page 284 of the Records of the Johnson County Recorder's Office; Thence N78 °22'23 "W, along said West Line, 271.77 feet; Thence S33 °57'16 "W, along said West Line, 170.83 feet; Thence S00 054'29 "W, along said Resolution No. 13 -296 Page 2 West Line, 80.00 feet; Thence S16 043'33 "E, along said West Line, 71.20 feet; Thence S82 053'37 "W, 122.08 feet; Thence S07 °06'23 "E, 54.24 feet; Thence S82 °53'37 "W, 202.95 feet, to a Point on the West Line of the Southeast Quarter of said Section 13; Thence N01 °15'57 "E, along said West Line, 1029.52 feet, to the Point of Beginning. Said Tract of Land contains 10.62 Acres, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2013) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above - described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The City shall accept dedication of Outlot B upon satisfaction of the terms and conditions stated in the Subdivider's Agreement. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner /subdivider. Passed and approved this 1st day of October , 2013. 1k n MAYOR �• // / Approved by ATTEST: Lcc CITY aERK City Attorney's Office It was moved by trims and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: pc,dAemplaosl$UB13 -00015 Final Plat -Resolution aoctloc A% Resolution No. 13 -296 Page 3 x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton pcftemplatealSUB13-0 15 Final Plat- Resolul [on .docdoc 0� Prepared by: Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511 Bradley & Riley PC Iowa City, IA 52240 FAX (319) 356 -5560 SUBDIVIDERS AGREEMENT COUNTRY CLUB ESTATES FIFTH ADDITION THIS AGREEMENT made by and between Prime Ventures Construction, Inc., hereinafter referred to as "Subdivider", S & J Development, LLP, hereinafter referred to as "Owner ", 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 Country Club Estates Fifth Addition, Iowa City, Iowa, an addition to the City of Iowa City, Iowa, the Subdivider and Owner agree, as a covenant running with the land that, except as provided in this Agreement, the City shall not issue any building permit on any lots in said subdivision unless and until Owner or Subdivider installs and City accepts the following improvements: (a) Concrete paving at least twenty -eight (28) feet in width on Wildcat Lane and Dunley Court, as well as the barricade and signage required pursuant to Section 12(e) below. (b) Sidewalks adjacent to Outlots B, E and F. (c) Water mains, storm sewers, and sanitary sewers as required by the City. (d) Subdivision erosion control measures as required by the City under its ordinances. The paving, storm sewers, water mains, sanitary sewers and sidewalk 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 {01535061. D0Q(01535061.130C) 0 2- Subdivider be deemed acting on the City's agent during the original construction and installation of said Improvements. The parties agree that the obligation to install the Public Improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Subdivider until completion by the Subdivider, and until acceptance by the City, as provided by law. Section 2. Construction of Improvements. The Improvements described in Section 1 of this Agreement shall be constructed and installed by the Owner or 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 Owner or Subdivider from its responsibility to construct said Improvements in accordance with the approved plans and specifications. Further, said inspections shall not create a duty or warranty on the part of the City that the construction of said Improvements are in compliance with said plans and specifications. Section 3. Sidewalks. The Subdivider agrees to install sidewalks adjacent to Wildcat Lane and Duniey Court. Said sidewalks shall be at least five (5) feet in width and shall be constructed according to plans and specifications approved by the City Engineer and as per Sections 15 -3 -3; 16 -1C -1, 2, 3; 164-1, of the Iowa City Code of Ordinances. Except as provided herein, 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 4. Building Permits and Escrow Monies. If the Subdivider should desire a building permit for a building on any lot in said subdivision before the Improvements have been installed, the Subdivider shall deposit with the Department of Housing and Inspection Services, in escrow, an amount equal to the estimated cost of constructing said Improvements plus ten percent (10 %) thereof (hereinafter "Improvements Escrow"). The City Engineer shall determine the amount of the escrow which shall be collected for each building permit issued prior to the installation of the Improvements. In addition to the Improvements Escrow, if Subdivision Erosion Control measures have not been installed, with ground cover established by growth, the City may require, as a condition to the issuance of the first building permit for 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 (01535061.DOC}(01535061.DOC} ` 11 WIN Subdivider and Owner shall be responsible for the cost of any such clean -up; and to the extent that the Subdivider fails to accomplish erosion clean -up after reasonable notice from the City, the City is hereby authorized but not obligated to do the work and to charge the cost thereof to the Erosion Clean -up Escrow, if adequate, and to charge any excess costs to the Subdivider. If the Erosion Clean -up Escrow is insufficient to pay the costs incurred by the City, the Subdivider shall promptly reimburse the City for the excess costs incurred. The unused balance of the Erosion Clean -up Escrow shall be returned to the Subdivider after erosion control measures have been installed, and ground cover has been established by growth. After the Erosion Clean -up and Improvements Escrows have been established, the Building Inspector of the City is authorized to issue a building permit, if the applicant is in compliance with all other applicable requirements and ordinances of the City. Section 5. Occupancy Permit. Prior to the issuance of an occupancy permit for any structure erected pursuant to Section 4, the City in its discretion may require the Owner or Subdivider, its assigns or successors in interest, to construct and install the Improvements as stated in Section 1 and the sidewalks as stated in Section 3. Section 6. Use of Escrow Monies. If, after the issuance of an occupancy permit, the Improvements have not been constructed and installed, the City may use funds deposited in the Improvements Escrow to construct and install such Improvements. If the cost of the construction and installation of said Improvements exceeds the amount of said escrows, the City shall have a lien and charge against all the lots in the subdivision for the balance of the cost. After the construction and installation of the Improvements, the City shall refund to the Owner or Subdivider any Improvements Escrow monies not used by the City for the construction and installation of such Improvements. Section 7. Waiver. If the Subdivider, its assigns or successors in interest, sells or conveys lots in the Subdivision without first constructing or installing the required Improvements or sidewalks, the City shall have the right to install and construct said Improvements or sidewalks. Subdivider acknowledges and agrees that all lots in the subdivision are specifically benefited by the Improvements, so the cost of installing and constructing Improvements shall be a lien and charge against all the lots in the subdivision under Chapter 384 of the 2013 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 (01535061.000{01535061.DOC) An execution and recording of this agreement until properly released, as hereinafter provided. Section 8. Release. The City agrees that when the Improvements have been installed as required to the satisfaction of the City, the City will, upon request, promptly issue to the Subdivider, for recording in the Office of the Johnson County Recorder, a good and sufficient release for the lots in the subdivision so that this Agreement will not constitute a cloud upon the title of the lots in the subdivision. The Iowa City Mayor and City Clerk are hereby authorized to execute said release, and all other necessary and appropriate releases, with the concurrence of the City Attorney and City Engineer. A separate sidewalk lien release will be issued where appropriate as set forth in Section 3. This section also authorizes the execution of one or more limited release agreements, based on the escrows for improvements as contemplated by Section 4 above and as may be acceptable to the City. Section 9. Street Maintenance and Public Services. The Subdivider agrees that public services, including but not limited to street maintenance, snow removal, and solid waste collection, will not be extended to the subdivision until Wildcat Lane and Dunley Court are installed and accepted by the City. Section 10. Neighborhood Open Space, The City's Neighborhood Open Space Ordinance requires the dedication of 10,870 square feet of property, or the payment of a fee in lieu thereof, in connection with this subdivision. It is agreed that the dedication of Outlot "B ", Country Club Estates Fifth Addition, shall satisfy the City's Neighborhood Open Space Ordinance Requirement. Section 11. Miscellaneous. (a) All electrical, telephone and cable television service and distribution lines shall be installed underground. (b) Prior to issuance of any building permit for any lot in the subdivision, Subdivider shall pay to the City a water main extension fee in the amount of $4,194.90 ($395 per acre for 10.62 acres). (c) Plat notes and surveyor's notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant, or create any third party beneficiaries to any noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any applicable public notice and approval process required by law, to alter or amend any plat note, or to sell or vacate any right -of -way, street, alley, park, easement, open area or other land set (01535061. DOC)t01535061. DOC) -5- apart and dedicated for public use within the plat. The City further reserves the right, upon request of the owner or successor in interest, to vacate the plat and /or relocate any easement, alter lot boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law. (d) The parties agree that Country Club Estates Fifth Addition shall be served by the Stormwater Detention Facility ( "Facility') located on Outlots "A" and "C ", Country Club Estates Third Addition. All lots within Country Club Estates Fifth Addition shall be part of the Country Club Estates Homeowners Association formed in part for purposes of owning and maintaining Outlots "A" and 'C ", including the Stormwater Detention Facility. Subdivider agrees that the duty to maintain the Facility shall remain on the Subdivider, the present owner of the Facility, and Subdivider's successors and assigns in interest, including a non - profit owners association formed in part for that purpose. Said maintenance shall comply with the City's Storm Water Management Ordinance and the terms the Subdivider's Agreement for Country Club Estates Third Addition. (e) Wildcat Lane shall be barricaded at its intersection with Slothower Road until such time as Slothower Road is improved. Subdivider shall construct such barricade and install the appropriate signage pursuant to MUTCD prior to the City's acceptance of the Improvements. 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. (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) (01535061.DOC)t01535061.DOC} 0 -6- Dated this day of 2013. S & J DEVELOPMENT, LLP ichael H. Speer, Att y -in -Fact PRIME VENT-ORES CONSTRUCTION, INC. By: �4 ' Gary D. Wafts, President CITY OF IOWA CITY, IOWA By:- Matthew J. Hayek, Mayor ATTEST: By: �/ yl�. '4� s) — 4� Marian K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me on this D% day of o ' 2013 by Michael H. Speer, as Attorney -in -Fact for S & J Development, LLP. M R. ublic in rid for said State MARCY NABER L N tary Commission Expires June 04, 20 � STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me on this Rk day of SQ/r (j,®° , 2013 by Gary D. Watts, as President of Prime Ventures Construction, Inc. MICHAEL J. PUGH My Gm ° r Notary Public in an or said State (01535061.DOCH01535061.DOC) STATE OF IOWA, COUNTY OF JOHNSON) ss: On this v`G L day of Cc--AV--ef 2013 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. vgl^j m KELLIE 1(. TUTTLE Commission Number 221619 1Jy Comm Ise! o /�j�Exp1res Notary Public in and for said State (01535061.DOC}(01635061,DOC) ` (� Prepared by: Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511 Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 OWNER'S CERTIFICATE AND DEDICATION COUNTRY CLUB ESTATES FIFTH ADDITION KNOW ALL MEN BY THESE PRESENTS: S &J Development, LLP 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" S &J Development, LLP, does further state that the subdivision of said real estate as it appears on the Final Plat of Country Club Estates Fifth Addition to which this certification and dedication is attached, is with its free consent and in accordance with the desire of said proprietor. The streets and easements in the subdivision, hereinafter known and designated as Country Club Estates Fifth Addition, Iowa City, Iowa, as well as Outlot B, are hereby dedicated to the public, as provided by Chapter 354 of the 2013 Code of Iowa, as amended. IN WITNESS WHEREOF, the yroprietors have caused these presents to be signed on this (ep day of IQ 2013. S & J DEVELOPMENT, LLP Michael H. Speer, Attorney -in -Fact (01534786.DOC) , `� CITY OF IOWA CITY, IOWA By: �f A Matthew J. Hayek, Mayor By: 24214,j Maria Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me on this C�D)o day of , 2013 by Michael H. Speer, as Attorney -in -Fact for S & J Dev lopment, LLC. �n aMARCY NABER Notarial Seal • IOWA Notary Public i and for said State Commission No. 773259 ommission Expires June 04, 20I STATE OF IOWA, COUNTY OF JOHNSON) ss: On this —Oj° day of L-k�L, 2013 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. IomKELLIENK TUTTLE Cmission umber221819 My Gem issi Expires Notary Public in and for said State {01534786.DOC} (� EXHIBIT "A" LEGAL DESCRIPTION COUNTRY CLUB ESTATES FIFTH ADDITION A portion of the Northwest Quarter of the Southeast Quarter, and a Portion of the Southwest Quarter of the Southeast Quarter of Section 13, Township 79 North, Range 7 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, described as follows: Commencing at the Center of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence S01 °15'57 "W, along the West Line of the Southeast Quarter of said Section 13, a distance of 361.50 feet, to the Southwest Corner of Auditor's Parcel 2002031, in accordance with the Plat thereof Recorded in Plat Book 45, at Page 53 of the Records of the Johnson County Recorder's Office, and the Point of Beginning; Thence S89 °44'32 "E, along the South Line of said Auditor's Parcel 2002031, a distance of 361.44 feet, to the Southeast Corner thereof, and a Point on the West Line of Country Club Estates Fourth Addition, in accordance with the Plat thereof Recorded in Plat Book 57, at Page 285 of the Records of the Johnson County Recorder's Office; Thence S60 °08'15 "E, along said West Line, 39.46 feet; Thence S14 009'30 "W, along said West Line, 136.39 feet; Thence S77 041'01 "E, along said West Line, 149.65 feet; Thence S12 018'59 "W, along said West Line, 10.00 feet; Thence S76 °28'12 "E, along said West Line, 10.20 feet; Thence Southwesterly, 30.16 feet along said West Line on a 890.77 foot radius curve, concave Southeasterly, whose 30.16 foot chord bears S12 °33'36 "W; Thence Southwesterly, 9.63 feet, along said West Line on a 759.50 foot radius curve, concave Northwesterly, whose 9.63 foot chord bears S1 1'57'12"W; Thence N77 °41'01 "W, along said West Line, 161.39 feet; Thence S14 009'30 "W, along said West Line, 65.24 feet, to the Southwest Corner thereof; Thence S71 °26'24 "E, along the South Line of said Country Club Estates Fourth Addition, 219.94 feet; Thence Northeasterly 2.13 feet, along said South Line on a 819.50 foot radius curve, concave Northwesterly, whose 2.13 foot chord bears N18 029'07 "E; Thence S71 035'21 "E, along said South Line, 165.39 feet, to the Southeast Corner thereof, and a Point on the West Line of Country Club Estates Second Addition, in accordance with the Plat thereof Recorded in Plat Book 49 at Page 270 of the Records of the Johnson County Recorder's Office; Thence S11 037'37 "W, along said West Line, 321.22 feet, to the Southwest Corner of said County Club Estates Second Addition, and a Point on the West Line of Country Club Estates First Addition, in accordance with the Plat thereof Recorded in Plat Book 43, at Page 284 of the Records of the Johnson County Recorder's Office; Thence N78 °22'23 "W, along said West Line, 271.77 feet; Thence S33 057'16 "W, along said West Line, 170.83 feet; Thence S00 054'29 "W, along said West Line, 80.00 feet; Thence S16 °43'33 "E, along said West Line, 71.20 feet; Thence S82 053'37 "W, 122.08 feet; Thence S07 006'23 "E, 54.24 feet; Thence S82 °53'37 "W, 202.95 feet, to a {01534786.DOC} ,� (� Point on the West Line of the Southeast Quarter of said Section 13; Thence N01 015'57 "E, along said West Line, 1029.52 feet, to the Point of Beginning. Said Tract of Land contains 10.62 Acres, and is subject to easements and restrictions of record. {01534786.DOC} 0 CERTIFICATE OF COUNTY TREASURER COUNTRY CLUB ESTATES FIFTH ADDITION I, the undersigned, Treasurer of Johnson County, Iowa or deputy thereof, hereby certify that the following described property, also known as Country Club Estates Fifth Addition, 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 06 JI—h day of e.,,1 er 2013. Thomas L. Kriz, Treasurer "of Johnson County, Iowa Parcel Nos. 1113451006 {01534776.DOC} N EXHIBIT "A" LEGAL DESCRIPTION COUNTRY CLUB ESTATES FIFTH ADDITION A portion of the Northwest Quarter of the Southeast Quarter, and a Portion of the Southwest Quarter of the Southeast Quarter of Section 13, Township 79 North, Range 7 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, described as follows: Commencing at the Center of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence S01°1 5'57 "W, along the West Line of the Southeast Quarter of said Section 13, a distance of 361.50 feet, to the Southwest Corner of Auditor's Parcel 2002031, in accordance with the Plat thereof Recorded in Plat Book 45, at Page 53 of the Records of the Johnson County Recorder's Office, and the Point of Beginning; Thence S89 °44'32 "E, along the South Line of said Auditor's Parcel 2002031, a distance of 361.44 feet, to the Southeast Corner thereof, and a Point on the West Line of Country Club Estates Fourth Addition, in accordance with the Plat thereof Recorded in Plat Book 57, at Page 285 of the Records of the Johnson County Recorder's Office; Thence S60 °08'15 "E, along said West Line, 39.46 feet; Thence S1 4'09'30"W, along said West Line, 136.39 feet; Thence S77 °41'01 "E, along said West Line, 149.65 feet; Thence S12 °18'59 "W, along said West Line, 10.00 feet; Thence S76 °28'12 "E, along said West Line, 10.20 feet; Thence Southwesterly, 30.16 feet along said West Line on a 890.77 foot radius curve, concave Southeasterly, whose 30.16 foot chord bears S12 °33'36 "W; Thence Southwesterly, 9.63 feet, along said West Line on a 759.50 foot radius curve, concave Northwesterly, whose 9.63 foot chord bears S11 °57'12 "W; Thence N77 °41'01 "W, along said West Line, 161.39 feet; Thence S14 °09'30 "W, along said West Line, 65.24 feet, to the Southwest Corner thereof; Thence S71 °26'24 "E, along the South Line of said Country Club Estates Fourth Addition, 219.94 feet; Thence Northeasterly 2.13 feet, along said South Line on a 819.50 foot radius curve, concave Northwesterly, whose 2.13 foot chord bears N18 °29'07 "E; Thence S71 °35'21 "E, along said South Line, 165.39 feet, to the Southeast Corner thereof, and a Point on the West Line of Country Club Estates Second Addition, in accordance with the Plat thereof Recorded in Plat Book 49 at Page 270 of the Records of the Johnson County Recorder's Office; Thence S11 °37'37 "W, along said West Line, 321.22 feet, to the Southwest Corner of said County Club Estates Second Addition, and a Point on the West Line of Country Club Estates First Addition, in accordance with the Plat thereof Recorded in Plat Book 43, at Page 284 of the Records of the Johnson County Recorder's Office; Thence N78 °22'23 "W, along said West Line, 271.77 feet; Thence S33 °57'1 6 "W, along said West Line, 170.83 feet; Thence S00 °54'29 "W, along said West Line, 80.00 feet; Thence S16 °43'33 "E, along said West Line, 71.20 feet; Thence S82 °53'37 "W, 122.08 feet; Thence S07 °06'23 "E, 54.24 feet; Thence S82 °53'37 "W, 202.95 feet, to a Point on the West Line of the Southeast Quarter of said Section 13; Thence N01 015'57 "E, along said West Line, 1029.52 feet, to the Point of Beginning. Said Tract of Land contains 10.62 Acres, and is subject to easements and restrictions of record. (01534776.DOC) 1 CERTIFICATE OF COUNTY AUDITOR COUNTRY CLUB ESTATES FIFTH ADDITION I, Travis Weipert, the Johnson County Auditor, hereby approve of Country Club Estates Fifth Addition as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: See Exhibit "A ". Travis Weipert, Johnson County Auditor Dat {01534773.DOC} , `� EXHIBIT "A" LEGAL DESCRIPTION COUNTRY CLUB ESTATES FIFTH ADDITION A portion of the Northwest Quarter of the Southeast Quarter, and a Portion of the Southwest Quarter of the Southeast Quarter of Section 13, Township 79 North, Range 7 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, described as follows: Commencing at the Center of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence S01 015'57 "W, along the West Line of the Southeast Quarter of said Section 13, a distance of 361.50 feet, to the Southwest Corner of Auditor's Parcel 2002031, in accordance with the Plat thereof Recorded in Plat Book 45, at Page 53 of the Records of the Johnson County Recorder's Office, and the Point of Beginning; Thence 389 °44'32 "E, along the South Line of said Auditor's Parcel 2002031, a distance of 361.44 feet, to the Southeast Corner thereof, and a Point on the West Line of Country Club Estates Fourth Addition, in accordance with the Plat thereof Recorded in Plat Book 57, at Page 285 of the Records of the Johnson County Recorder's Office; Thence S60 °08'15 "E, along said West Line, 39.46 feet; Thence S14 °09'30 "W, along said West Line, 136.39 feet; Thence S77 041'01 "E, along said West Line, 149.65 feet; Thence S12 °18'59 "W, along said West Line, 10.00 feet; Thence S76 °28'12 "E, along said West Line, 10.20 feet; Thence Southwesterly, 30.16 feet along said West Line on a 890.77 foot radius curve, concave Southeasterly, whose 30.16 foot chord bears S12 033'36 "W; Thence Southwesterly, 9.63 feet, along said West Line on a 759.50 foot radius cure, concave Northwesterly, whose 9.63 foot chord bears S1 1'57'12'W; Thence N77 °41'01 "W, along said West Line, 161.39 feet; Thence S14 °09'30 "W, along said West Line, 65.24 feet, to the Southwest Corner thereof; Thence S71 °26'24 "E, along the South Line of said Country Club Estates Fourth Addition, 219.94 feet; Thence Northeasterly 2.13 feet, along said South Line on a 819.50 foot radius cure, concave Northwesterly, whose 2.13 foot chord bears N18 °29'07 "E; Thence S71 °35'21 "E, along said South Line, 165.39 feet, to the Southeast Corner thereof, and a Point on the West Line of Country Club Estates Second Addition, in accordance with the Plat thereof Recorded in Plat Book 49 at Page 270 of the Records of the Johnson County Recorder's Office; Thence S1 1037'37"W, along said West Line, 321.22 feet, to the Southwest Corner of said County Club Estates Second Addition, and a Point on the West Line of Country Club Estates First Addition, in accordance with the Plat thereof Recorded in Plat Book 43, at Page 284 of the Records of the Johnson County Recorder's Office; Thence N78 °22'23 "W, along said West Line, 271.77 feet; Thence S33 °57'16 "W, along said West Line, 170.83 feet; Thence S00 °54'29 "W, along said West Line, 80.00 feet; Thence S16 043'33 "E, along said West Line, 71.20 feet; Thence S82 °53'37 "W, 122.08 feet; Thence S07 006'23 "E, 54.24 feet; Thence S82 °53'37 "W, 202.95 feet, to a Point on the West Line of the Southeast Quarter of said Section 13; Thence N01 °15'57 "E, along said West Line, 1029.52 feet, to the Point of Beginning. Said Tract of Land contains 10.62 Acres, and is subject to easements and restrictions of record. (M34773.DOC) (1, Prepared by: Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511 Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 OPINION OF ATTORNEY COUNTRY CLUB ESTATES FIFTH ADDITION 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 as of September 18, 2013 at 5:30 P.M., fee simple title to said property, to become known as Country Club Estates Fifth Addition, is in S &J Development, LLP, free and clear of all liens and encumbrances except for the following mortgage lien: A. a mortgage in favor of Hills Bank and Trust Company, which mortgage is dated October 1, 2009, and was recorded October 8, 2009, in Book 4513, Page 675 of the Records of the Recorder of Johnson County, Iowa. Dated at Iowa City, Iowa, this )6't day of September, 2013. 161 hael J. Pugh v U Bradley & Riley PC Tower Place One South Gilbert Street Iowa City, IA 52240 (01534784.DOC} (a *Am 11:1111 LEGAL DESCRIPTION COUNTRY CLUB ESTATES FIFTH ADDITION A portion of the Northwest Quarter of the Southeast Quarter, and a Portion of the Southwest Quarter of the Southeast Quarter of Section 13, Township 79 North, Range 7 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, described as follows: Commencing at the Center of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence S01 °15'57 "W, along the West Line of the Southeast Quarter of said Section 13, a distance of 361.50 feet, to the Southwest Corner of Auditor's Parcel 2002031, in accordance with the Plat thereof Recorded in Plat Book 45, at Page 53 of the Records of the Johnson County Recorder's Office, and the Point of Beginning; Thence S89 °44'32 "E, along the South Line of said Auditor's Parcel 2002031, a distance of 361.44 feet, to the Southeast Corner thereof, and a Point on the West Line of Country Club Estates Fourth Addition, in accordance with the Plat thereof Recorded in Plat Book 57, at Page 285 of the Records of the Johnson County Recorder's Office; Thence S60 °08'15 "E, along said West Line, 39.46 feet; Thence S14 °09'30 "W, along said West Line, 136.39 feet; Thence S77 °41'01 "E, along said West Line, 149.65 feet; Thence S12'1 8'59"W, along said West Line, 10.00 feet; Thence S76 °28'12 "E, along said West Line, 10.20 feet; Thence Southwesterly, 30.16 feet along said West Line on a 890.77 foot radius curve, concave Southeasterly, whose 30.16 foot chord bears S12 °33'36 "W; Thence Southwesterly, 9.63 feet, along said West Line on a 759.50 foot radius curve, concave Northwesterly, whose 9.63 foot chord bears S1 1057'12"W; Thence N77 041'01 "W, along said West Line, 161.39 feet; Thence S14 °09'30 "W, along said West Line, 65.24 feet, to the Southwest Corner thereof; Thence S71 °26'24 "E, along the South Line of said Country Club Estates Fourth Addition, 219.94 feet; Thence Northeasterly 2.13 feet, along said South Line on a 819.50 foot radius curve, concave Northwesterly, whose 2.13 foot chord bears N18 °29'07 "E; Thence S71 035'21 "E, along said South Line, 165.39 feet, to the Southeast Corner thereof, and a Point on the West Line of Country Club Estates Second Addition, in accordance with the Plat thereof Recorded in Plat Book 49 at Page 270 of the Records of the Johnson County Recorder's Office; Thence S1 1'37'37"W, along said West Line, 321.22 feet, to the Southwest Corner of said County Club Estates Second Addition, and a Point on the West Line of Country Club Estates First Addition, in accordance with the Plat thereof Recorded in Plat Book 43, at Page 284 of the Records of the Johnson County Recorder's Office; Thence N78 °22'23 "W, along said West Line, 271.77 feet; Thence S33 057'16 "W, along said West Line, 170.83 feet; Thence S00 °54'29 "W, along said West Line, 80.00 feet; Thence S16 °43'33 "E, along said West Line, 71.20 feet; Thence S82 053'37 "W, 122.08 feet; Thence S07 °06'23 "E, 54.24 feet; Thence S82 °53'37 "W, 202.95 feet, to a {01534784.DOC} , (� Point on the West Line of the Southeast Quarter of said Section 13; Thence N01 °15'57 "E, along said West Line, 1029.52 feet, to the Point of Beginning. Said Tract of Land contains 10.62 Acres, and is subject to easements and restrictions of record. (01534784. DOC) ��\ Prepared by: Michael J. Pugh One South (filbert Street Phone (319) 466-1511 Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 CONSENT OF MORTGAGEE TO SUBDIVISION COUNTRY CLUB ESTATES FIFTH ADDITION The undersigned, Hills Bank and Trust Company is the Mortgagee of a Mortgage from the following: A. Mortgage from S & J Development, L.L.P. to Hills Bank and Trust Company, which mortgage is dated October 1, 2009 and was recorded October 8, 2009, in Book 4513, at Page 675 of the records of Johnson County, Iowa. Said Mortgage constitutes a lien on that property to be designated as Country Club Estates Fifth Addition 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 S & J Development, LLP 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 y of September, 2013. z L0 (01534783.1)OC) 1\ STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me on this G"_�, day of September,. 2013 by Keith Jones and Dean Stockman, as Senior Vice - President and Vice - President, respectively of Hills Bank and Trust Company. L® ERIN C. STEPN.Ems ° commisslon �Nsvrn4rr 753132 ew MYcT Mssic�aplres Notary Public in and for said State (01534783.DOC} AA EXHIBIT "A" LEGAL DESCRIPTION COUNTRY CLUB ESTATES FIFTH ADDITION A portion of the Northwest Quarter of the Southeast Quarter, and a Portion of the Southwest Quarter of the Southeast Quarter of Section 13, Township 79 North, Range West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, described as follows: Commencing at the Center of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence S0101 5'57'W, along the West Line of the Southeast Quarter of said Section 13, a distance of 361.50 feet, to the Southwest Corner of Auditor's Parcel 2002031, in accordance with the Plat thereof Recorded in Plat Book 45, at Page 53 of the Records of the Johnson County Recorder's Office, and the Point of Beginning; Thence S89 044'32 "E, along the South Line of said Auditor's Parcel 2002031, a distance of 361.44 feet, to the Southeast Corner thereof, and a Point on the West Line of Country Club Estates Fourth Addition, in accordance with the Plat thereof Recorded in Plat Book 57, at Page 285 of the Records of the Johnson County Recorder's Office; Thence S60 °08'15 "E, along said West Line, 39.46 feet; Thence S14 °09'30 "W, along said West Line, 136.39 feet; Thence S77 041'01 "E, along said West Line, 149.65 feet; Thence S12 018'59 "W, along said West Line, 10.00 feet; Thence S76 028'12 "E, along said West Line, 10.20 feet; Thence Southwesterly, 30.16 feet along said West Line on a 890.77 foot radius curve, concave Southeasterly, whose 30.16 foot chord bears S1 2°33'36'W; Thence Southwesterly, 9.63 feet, along said West Line on a 759.50 foot radius curve, concave Northwesterly, whose 9.63 foot chord bears S11 °57'12 "W; Thence N77 °41'01 "W, along said West Line, 161.39 feet; Thence S14 009'30 "W, along said West Line, 65.24 feet, to the Southwest Corner thereof; Thence S71 °26'24 "E, along the South Line of said Country Club Estates Fourth Addition, 219.94 feet; Thence Northeasterly 2.13 feet, along said South Line on a 819.50 foot radius curve, concave Northwesterly, whose 2.13 foot chord bears N1 8029'07"E; Thence S71 035'21 "E, along said South Line, 165.39 feet, to the Southeast Corner thereof, and a Point on the West Line of Country Club Estates Second Addition, in accordance with the Plat thereof Recorded in Plat Book 49 at Page 270 of the Records of the Johnson County Recorder's Office; Thence S1 1 °37'37 "W, along said West Line, 321.22 feet, to the Southwest Corner of said County Club Estates Second Addition, and a Point on the West Line of Country Club Estates First Addition, in accordance with the Plat thereof Recorded in Plat Book 43, at Page 284 of the Records of the Johnson County Recorder's Office; Thence N78 022'23 "W, along said West Line, 271.77 feet; Thence S33 °57'16'W, along said West Line, 170.83 feet; Thence S00 °54'29 "W, along said West Line, 80.00 feet; Thence S16 043'33 "E, along said West Line, 71.20 feet; Thence S82 °53'37 "W, 122.08 feet; Thence S07 °06'23 "E, 54.24 feet; Thence S82 °53'37'W, 202.95 feet, to a Point on the West Line of the Southeast Quarter of said Section 13; (01534783.DOC) to Thence N01'1 5'57"E, along said West Line, 1029.52 feet, to the Point of Beginning. Said Tract of Land contains 10.62 Acres, and is subject to easements and restrictions of record. (01534783.DOC) Alk Prepared by: Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511 Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 UNDERGROUND UTILITY EASEMENT COUNTRY CLUB ESTATES FIFTH ADDITION In consideration of the approval of the Final Plat of Country Club Estates Fifth Addition, Iowa City, Iowa, the undersigned owner hereby grants to MidAmerican Energy Co., Centurylink, Inc. and Mediacom, and their successors, (hereinafter collectively "Grantees ") a perpetual easement upon, over, under, along and across the areas designated on the Final Plat of Country Club Estate Fifth Addition Iowa City, Iowa, as "15.00' Utility Easement" as located within the Subdivision. The Grantees of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purpose of serving the Subdivision and other property with electricity, gas, and communication service; the right to trim, cut down and remove such trees, brush, saplings and bushes as may interfere with the proper construction, maintenance, operation or removal of said facilities, equipment and appurtenances; and the right of ingress and egress for all of the purposes aforesaid. Grantees shall promptly backfill any trench made by them, and repair any damages caused by them within the easement areas. Grantor, its successors in interest and assigns, reserves the right to use said easement areas for purposes which will not interfere with the Grantee's full enjoyment of rights hereby granted; provided that Grantor shall not erect or construct any reservoir, retaining wall or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. No permanent dwellings or trees shall be placed on the areas so designated for {01535065.00c} AA Irm utility easement but, with advance written authorization from the Grantee's representatives, the same may be used for gardens, shrubs, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. Grantees' rights, however, include the right to remove and /or clear away any such gardens, shrubs, minor landscaping, bushes and plantings within the easement area without compensation to Grantor or its success in interest. Dated this day of 2013. S & J DEVELOPMENT, LLP By: Michael H. Speer, Attorney -in -Fact STATE OF IOWA, COUNTY OF JOHNSON ) ss: This instrument was acknowledged before me on this P day of 2013 by Michael H. Speer as Attorney -in -Fact for S & J Dev lopment, LLP. R:mWA OL 59 Notary Public in d for said State 04, 20 � (01535065.DOC} Prepared by: Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511 Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 STORM SEWER AND UTILITY EASEMENT AGREEMENT COUNTRY CLUB ESTATES FIFTH ADDITION THIS AGREEMENT, made and entered into by and between S & J Development, LLP (Owner), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such storm sewer lines, pipes, mains, and conduits as the City shall from time to time elect for conveying storm water, with all necessary appliances and fittings, for the use in connection with said lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as "15.00' Utility and Storm Sewer Easement' as shown on the Final Plat of Country Club Estates Fifth Addition, referred to herein as "easement area." Owner further grants to the City: 1. The right of grading said easement area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement area and also to trim, cut down and {01534990.000} ' �y, -2- clear away any trees on either side of said easement area which now or hereafter in the opinion of the City may be a hazard to said easement areas, or which may interfere with the exercise of the City's rights hereunder in any manner. 3. The right to enter onto land beyond the easement area to conduct emergency repairs that may extend beyond the easement area, without obtaining a separate temporary easement. City's right to do such work shall be effective only upon City's prior notice to owners and with minimal disruption of the area. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement areas. The City shall indemnify 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 areas. Fences and /or trees placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and Owner has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. {01534990.000 }\ -3- Dated this C;) day of , 2013. S & J DEVELOPMENT, LLP Michael H. Speer, Attorney -In -Fact CITY OF IOWA CITY, IOWA By: Matthew J. Hayek, Mayor ATTEST: By: .�i� �J 7K?4�10 M n K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me on this a day of �9� 2013 by Michael H. Speer as Attorney -in -Fact for S & J t R NABER Notar(al Seal - IOWA n Commisalon No. 773259 UV t Commission Exp(res June 04, 20 � Notary Public iVand for sa'icf State STATE OF IOWA, COUNTY OF JOHNSON) ss: On this ad, day of & j— t- , 2013 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Al KMIEIm Tg a 19 omm'$"' re , ? o C Notary Public in and for said State {01534990.DOC} 0 Prepared by: Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511 Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 SANITARY SEWER AND UTILITY EASEMENT AGREEMENT COUNTRY CLUB ESTATES FIFTH ADDITION THIS AGREEMENT, made and entered into by and between S & J Development, LLP (Owner), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, 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 areas designated as "15.00' Utility and Sanitary Sewer Easement" and "20.00' Utility and Sanitary Sewer Easement" as shown on the Final Plat of Country Club Estates Fifth Addition, collectively referred to herein as "easement area." Owner further grants to the City: 1. The right of grading said easement area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area to such extent as the City may find reasonably necessary. (01534987.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 area and also to trim, cut down and clear away any trees on either side of said easement area which now or hereafter in the opinion of the City may be a hazard to said easement areas, or which may interfere with the exercise of the City's rights hereunder in any manner. 3. The right to enter onto land beyond the easement area to conduct emergency repairs that may extend beyond the easement area, without obtaining a separate temporary easement. City's right to do such work shall be effective only upon City's prior notice to owners and with minimal disruption of the area. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement areas. The City shall indemnify 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 areas. Fences and /or trees placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and Owner has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. {01534987.DOC} , thn -3- Dated this 0(of day of 2013. S & J DEVELOPMENT, LLP By: Michael H. Speer, Attorne n -Fact CITY OF IOWA CITY, IOWA By: Matthew J. Hayek, Mayor ATTEST: arian K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON) ss: This 'instrument was acknowledged before me on this —C2-�f day of 2013 by Michael H. Speer as Attorney -in -Fact for S & J Development, LLP. ^ BER Ci Imi -IOWA Notary Public ' i and for said State . 773259 June 04, 20 � STATE OF IOWA, COUNTY OF JOHNSON) ss: On this �' day of M b.er , 2013 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. (01534987.DOC) , -4- Notary Public in and for said State ��a��f KELLIE I<. TUTTLE Commission Number 221819 My Co is�io Ex res L`low'A,,,n {01534987.DOC} ,A Prepared by and after recording return to: Michael J. Pugh One South Gilbert Street (319) 358 -5562 Bradley & Riley, PC Iowa City, IA 52240 FAX (319) 358 -5560 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS AGREEMENT, made and entered into by and between S & J Development, LLP (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. In consideration of their mutual promises herein, OWNER and the City agree as follows: 1. OWNER states and covenants that it is the owner of certain real estate depicted as "25.0' Temporary Construction Easement" on the Final Plat of Country Club Estates Fifth Addition, by virtue of legal and /or equitable title, that it is lawfully seized and possessed of said real estate, and that it has good and lawful right to convey this easement. 2. OWNER does hereby grant and convey to the City a temporary construction easement in, over and across that portion of OWNER's property described as "25.0 Temporary Construction Easement" as shown on the Final Plat of Country Club Estates Fifth Addition, (hereafter "Temporary Easement Area ") for the purpose of facilitating the City's construction and installation of public right -of -way and public utilities ( "Improvements "), which grant to the City shall include necessary grading, excavation, piling of dirt, regrading, restoration, storage of materials and equipment, and ingress and egress of persons and equipment to the Temporary Easement Area, as needed to complete said Improvements. 3. The term of this Temporary Construction Easement will be for the period of time required for the City to complete the construction of the improvements, but in no event shall the term extend beyond the date the date two (2) years after commencement of construction. 4. With respect to the Temporary Construction Easement, OWNER grants the following rights: [01537149.DOC) 1� A. CITY shall have the right to make excavations within the Temporary Easement Area, and to grade as CITY may find reasonably necessary for the construction. CITY covenants and agrees to protect such excavations during construction; to promptly fill said excavations following construction; and to be liable for and hold OWNER harmless from third party liability during said construction. B. CITY shall promptly backfill any trench made by it, and repair any damages caused by the CITY within the Temporary Easement Area. CITY shall indemnify OWNER against loss or damage which occurs as a result of the CITY'S negligent acts or omissions in the exercise of its easement rights herein. Once the Temporary Easement Area has been restored to substantially its prior condition and except as expressly provided in this Temporary Easement Agreement, CITY shall have no further responsibility for maintaining the Temporary Easement Area. C. CITY shall have the right of ingress and egress to and from the Temporary Easement Area by such route within the Temporary Easement Area as shall occasion the least practical damage and inconvenience to OWNER. D. CITY shall have the right to trim or remove all trees and brush which may interfere with the exercise of the CITY'S rights pursuant to this Temporary Easement Agreement. 5. CITY covenants and agrees that existing driveways, fences, underground drainage tile or other site features which are removed or disturbed shall, to the extent reasonably possible, be replaced by CITY to conform with features or items removed during construction. CITY further agrees that all grassed areas disturbed by the construction shall be seeded within a reasonable time after construction is complete. 6. CITY covenants and agrees to remove and stockpile existing topsoil from areas to be excavated, to be used in the event of any repair. Following installation of the Improvements, all area within the Temporary Easement Area which is disturbed will be graded to form a uniform slope, and topsoil shall be replaced and respread over disturbed areas, thereby restoring said area substantially to its prior condition. 7. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, shall be deemed a covenant which runs with the land and with the title to the land, and shall be recorded in the Johnson County Recorder's Office, at OWNER's expense. [ REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] i01537149.Docl2 [SIGNATURE PAGE] Dated this (-ro day of 2013. S & J DEVELOPMENT, LLP CITY OF IOWA CITY, IOWA By: Matthew J. Hayek, Mayor ATTEST: By: 2 ;,� % � Mahan K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me on this day of mod, _ , 2013 by Michael H. Speer as Attorney -in -Fact for S & J De elopment, LLP. MARCY NABER ° s Notarial Seal - IOWA Commission No. 773259 / Notary Public in nd for said State My Commission Expires June 04, 20d STATE OF IOWA, COUNTY OF JOHNSON) ss: On this 2° day of , 2013 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. V01,1v KELLI€4(.TUTTLE Notary Public in and for said State zCommission Mumber 221819 My Co missi n Expves {01537149.DOC {3 �(� C6 6 i .,h Doc ID: 023113910033 Type. GEN Kind: SUBDIVISION Recorded: 10/14/2013 at 03:23:03 PM Jee Amt: $167.00 County Iowage 3 of 33 Kim Painter County Recorder SK51 / ® PG1 / 1'2 ®3 STATE OF IOWA ) ) SS JOHNSON COUNTY ) ANN CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (3 19) 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. 13-297, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 1st day of October, 2013, all as the same appears of record in my office. Also attached are the final legal documents for Courtly Club Estates — Sixth Addition, Iowa City, Iowa as follows: 1. Subdivider's Agreement 2. Owner's Certificate & Dedication 3. Certificate of CountyTreasurer 4. Certificate of Comity Auditor 5. Opinion of Attorney 6. Consent of Mortgagee (Hills Bank & Trust Company) 7. Underground Utility Easement 8. Storm Sewer & Utility Easement Agreement 9. Sanitary Sewer Easement Agreement 10. Storm Sewer & Drainageway Easement Agreement Dated at Iowa City, Iowa, this 14-14day of lJL EOLJE t— , 2013. CR01 \16l01 A" T'SEAL Marian kKarr City Clerk Wes subdivision M 4) Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5240 (SUB13- 00016) RESOLUTION NO. 13 -297 RESOLUTION APPROVING FINAL PLAT OF COUNTRY CLUB ESTATES SIXTH ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, S & J Development LLP, filed with the City Clerk the final plat of Country Club Estates Sixth Addition, Iowa City, Iowa, Johnson County, Iowa; and -- - S —sale su division is located on the following-described real fesfate fn -Iowa City, Johnson___ County, Iowa, to wit: LEGAL DESCRIPTION COUNTRY CLUB ESTATES SIXTH ADDITION A portion of the Northwest Quarter of the Southeast Quarter, and a Portion of the Southwest Quarter of the Southeast Quarter of Section 13, Township 79 North, Range 7 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, described as follows: Commencing at the Center of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence S01 °15'57 "W, along the West Line of the Southeast Quarter of said Section 13, a distance of 1391.03 feet, to the Point of Beginning; Thence N °82'53 "37E, 202.95 feet; Thence N07 °06'23 "W, 54.24 feet; Thence N82 053'37 "E, 122.08 feet, to a Point on the West Line of County Club Estates First Addition, in accordance with the Plat thereof Recorded in Plat Book 43, at Page 284 of the Records of the Johnson County Recorder's Office; Thence S16 °43'33 "E, along said West Line, 12.59 feet, to the Southwest Corner thereof; Thence S78 022'23 "E, along the South Line of said County Club Estates First Addition, 287.00 feet, to a Point on the West Line of County Club Estates Third Addition, in accordance with the Plat thereof Recorded in Plat Book 54, at Page 221 of the Records of the Johnson County Recorder's Office; Thence S11 °37'37 "W, along said West Line 36.70 feet; Thence SO4 °03'46 "E, 245.21 feet; Thence S19 °21'48 "E, along said West Line, 137.52 feet; Thence S21 °19'53 "E, along said West Line, 60.38 feet; Thence S26 044'57 "E, along said West Line, 119.76 feet; Thence S64 020'21 "W, along said West Line, 90.67 feet; Thence N86 °30'48 "W, along said West Line, 235.44 feet; Thence N38 °41'18 "W, along said West Line, 228.87 feet; Thence N51 °18'42 "E, along said West Line, 125.00 feet; thence N38 °41'18 "W, along said West Line, 20.00 feet; Thence S51 °18'42 "W, along said West Line, 125.00 feet; Thence N38 °41'18 "W, along said West Line, 417.39 feet, to a Point on the West Line of the Southeast Quarter of said Section 13; Thence N01 °15'57 "E, along said West Line, 54.23 feet, to the Point of Beginning. Said Tract of Land contains 6.58 Acres, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa q Resolution No. 13 -297 Page 2 (2013) 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. Passed and approved this 1st day of October 2013. ATTEST: e. 7� i✓ CITY ZXERK n MAYOR Approved by / / a C ty Attorney's Office z r3 It was moved by Dickens and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: x Champion X Dickens X Dobyns X Hayek —x— Mims X Payne X Throgmorton PcdllemplateslSU013 00016 Final Plat -Resolution doo doo 6 ti Prepared by: Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511 Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 P1111 - -y COUNTRY CLUB ESTATES SIXTH ADDITION THIS AGREEMENT made by and between Prime Ventures Construction, Inc., hereinafter referred to as "Subdivider", S & J Development, LLP, hereinafter referred to as "Owner", 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 Country Club Estates Sixth Addition, Iowa City, Iowa, an addition to the City of Iowa City, Iowa, the Subdivider and Owner agree, as a covenant running with the land that, except as provided in this Agreement, the City shall not issue any building permit on any lots in said subdivision unless and until Owner or Subdivider installs and City accepts the following improvements: (a) Concrete paving at least twenty-eight (28) feet in width on Dunley Court and concrete paving at least twenty-two (22) feet in width on Mesa Court. (b) Sidewalks adjacent to Outlot C, Country Club Estates, Third Addition, between Lots 81 and 82 and across the Mesa Court median. (c) Water mains, storm sewers, and sanitary sewers as required by the City. (d) Subdivision erosion control measures as required by the City under its ordinances. (01535161. DOC)(01535161. DOC} 5° -2- The paving, storm sewers, water mains, sanitary sewers and sidewalk 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, Construction of Improvements. The Improvements described in Section 1 of this Agreement shall be constructed and installed by the Owner or 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 Owner or Subdivider from its responsibility to construct said Improvements in accordance with the approved plans and specifications. Further, said inspections shall not create a duty or warranty on the part of the City that the construction of said Improvements are in compliance with said plans and specifications. Section 3. Sidewalks. In addition to the sidewalks required pursuant to Section 1 above, the Subdivider agrees to install sidewalks adjacent to Mesa Court and Dunley Court. Said sidewalks shall be at least five (5) feet in width and shall be constructed according to plans and specifications approved by the City Engineer and as per Sections 15 -3 -3; 16 -1C -1, 2, 3; 16 -4 -1, of the Iowa City Code of Ordinances. Except as provided herein, 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 4. Building Permits and Escrow Monies. If the Subdivider should desire a building permit for a building on any lot in said subdivision before the Improvements have been installed, the Subdivider shall deposit with the Department of Housing and Inspection Services, in escrow, an amount equal to the estimated cost of constructing said Improvements plus ten percent (10 %) thereof (hereinafter "Improvements Escrow "). The City Engineer shall determine the amount of the escrow which shall be collected for each building permit issued prior to the installation of the Improvements. In addition to the Improvements Escrow, if Subdivision Erosion Control measures have not been installed, with ground cover established by growth, the City (01535161.DOC}(01535161.DOC} (7 -3- 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 and Owner shall be responsible for the cost of any such clean -up; and to the extent that the Subdivider or Owner 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 and Owner shall promptly reimburse the City for the excess costs incurred. The unused balance of the Erosion Clean -up Escrow shall be returned to the Subdivider or Owner after erosion control measures have been installed, and ground cover has been established by growth. After the Erosion Clean -up and Improvements Escrows have been established, the Building Inspector of the City is authorized to issue a building permit, if the applicant is in compliance with all other applicable requirements and ordinances of the City. Section 5. Occupancy Permit. Prior to the issuance of an occupancy permit for any structure erected pursuant to Section 4, the City in its discretion may require the Owner or Subdivider, its assigns or successors in interest, to construct and install the Improvements as stated in Section 1 and the sidewalks as stated in Section 3. Section 6. Use of Escrow Monies. If, after the issuance of an occupancy permit, the Improvements have not been constructed and installed, the City may use funds deposited in the Improvements Escrow to construct and install such Improvements. If the cost of the construction and installation of said Improvements exceeds the amount of said escrows, the City shall have a lien and charge against all the lots in the subdivision for the balance of the cost. After the construction and installation of the Improvements, the City shall refund to the Owner or Subdivider any Improvements Escrow monies not used by the City for the construction and installation of such Improvements. Section 7. Waiver. If the Subdivider, its assigns or successors in interest, sells or conveys lots in the Subdivision without first constructing or installing the required Improvements or sidewalks, the City shall have the right to install and construct said Improvements or sidewalks. Subdivider acknowledges and agrees that all lots in the subdivision are specifically benefited by the Improvements, so the cost of installing and constructing (01635161.DOCH01535161.DOC) /0 Improvements shall be a lien and charge against all the lots in the subdivision under Chapter 384 of the 2013 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 8. Release. The City agrees that when the Improvements have been installed as required to the satisfaction of the City, the City will, upon request, promptly issue to the Subdivider, for recording in the Office of the Johnson County Recorder, a good and sufficient release for the lots in the subdivision so that this Agreement will not constitute a cloud upon the title of the lots in the subdivision. The Iowa City Mayor and City Clerk are hereby authorized to execute said release, and all other necessary and appropriate releases, with the concurrence of the City Attorney and City Engineer. A separate sidewalk lien release will be issued where appropriate as set forth in Section 3. This section also authorizes the execution of one or more limited release agreements, based on the escrows for improvements as contemplated by Section 4 above and as may be acceptable to the City. Section 9. Street Maintenance and Public Services. The Subdivider agrees that public services, including but not limited to street maintenance, snow removal, and solid waste collection, will not be extended to the subdivision until Wildcat Lane and Dunley Court are installed and accepted by the City. Section 10. Neighborhood Open Space. The City's Neighborhood Open Space Ordinance requirement for this subdivision will be satisfied by the dedication of Outlot "B ", Country Club Estates Fifth Addition to the City. Section 11. Miscellaneous. (a) All electrical, telephone and cable television service and distribution lines shall be installed underground. (b) Prior to issuance of any building permit for any lot in the subdivision, Subdivider shall pay to the City a water main extension fee in the amount of $2,599.10 ($395 per acre for 6.58 acres). (c) Plat notes and surveyor's notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant, or create any {01535161. DOC}(01535161.DOC) 1�o -5- third party beneficiaries to any noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any applicable public notice and approval process required by law, to alter or amend any plat note, or to sell or vacate any right -of -way, street, alley, park, easement, open area or other land set apart and dedicated for public use within the plat. The City further reserves the right, upon request of the owner or successor in interest, to vacate the plat and /or relocate any easement, alter lot boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law. (d) The parties agree that Country Club Estates Sixth Addition shall be - - - served -by the Stormwater Detention Facility ( "Facility ") located on Outlots "A" and "C ", Country Club Estates Third Addition. All lots within Country Club Estates Sixth Addition shall be part of the Country Club Estates Homeowners Association formed in part for purposes of owning and maintaining Outlots "A" and 'C ", including the Stormwater Detention Facility. Subdivider agrees that the duty to maintain the Facility shall remain on the Subdivider, the present owner of the Facility, and Subdivider's successors and assigns in interest, including a non - profit owners association formed in part for that purpose. Said maintenance shall comply with the City's Storm Water Management Ordinance and the terms the Subdivider's Agreement for Country Club Estates Third Addition. (e) Subdivider shall be responsible for establishing and maintaining the ground cover and other landscaping located on the medians of Mesa Court, except as otherwise stated herein. Subdivider shall further be responsible for the installation and maintenance, including snow and ice removal from the sidewalk installed on the Mesa Court median within a reasonable amount of time and may be liable for damages caused by the failure to use reasonable care in doing so. Subdivider may transfer its obligations pursuant to this paragraph to a homeowner's association. The City shall be responsible for the removal of all dead or diseased trees located in this area. 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. (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) (01535161. DOCH01535161. DOC) �J0 US Dated this day of 2013. S & J DEVELOPMENT. LLP By: Z — li�-- -Michael H. Speer, A o ney -in -Fact PRIME VENT ,WlQS CONSTRUCTION, INC. a Gary D. Watts, President CITY OF IOWA CITY, IOWA By: Matthew J. Hayek, Mayor ATTEST: By: M "an K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me on this c3 �x day of 2013 by Gary D. Watts, as President of Prime Ventures Construction, Inc. m RNICHAEL J. PUGI l Comml�bn Num. 975282 o My JJumy26,2018�� Notary Public in and f r said State STATE OF IOWA, COUNTY OF JOHNSON) ss: Trls n trument was acknowledged before me on this c day of M. 2013 by Michael H. Speer, as Attorney -in -Fact for S & J Devel pment, LLP. V� ffMARCY NABER Notarial seal - IOWA commission No. 773269 Notary Public in an for said State mission Expires June 04, 20- {01535161. DOCH01535161. DOC} 60 -7- STATE OF IOWA, COUNTY OF JOHNSON) ss: On this Inc( day of ( , 2013 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Ma4thew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. r°A a KELLIEK.TUTTLE my om Commission Number 221819 C/lroeissipn Ex Tres . inv P (01535161. DOC )(01535161. DOC) /Ze- `((�-' /C %U 7�, Notary Public in and for said State GC1 Prepared by: Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511 Bradley & Riley PC Iowa City, IA 52240 FAX (319) 356 -5560 COUNTRY CLUB ESTATES SIXTH ADDITION KNOW ALL MEN BY THESE PRESENTS: S &J Development, LLP 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" S &J Development, LLP, does further state that the subdivision of said real estate as it appears on the Final Plat of Country Club Estates Sixth Addition 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 Country Club Estates Sixth Addition, Iowa City, Iowa, are hereby dedicated to the public, as provided by Chapter 354 of the 2013 Code of Iowa, as amended. IN WITNESS WHEREOF, the proprietors have caused these presents to be signed on this 0(o day of , 2013. S & J DEVELOPMENT, LLP By:4��� Michael H. Speer, Attorn6 -in -Fact (0I535077.DOC) �O CITY OF IOWA CITY, IOWA By: n Matthew J. Hayek, ayor By: :2 Gk La,J 9<J- Marian . Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me on this �° day of , 2013 by Michael H. Speer, as Attorney -in -Fact for S & J Devel pment, LLC. MARCY NABER 4 ' t� A CA, Notarial Seal - IOWA Notary ub Ic in and for said State Commission No. 773259 ry My Commission Expires June 04, 201 STATE OF IOWA, COUNTY OF JOHNSON) ss: On this �7 I`(" day of ` /hr-, 2013 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. `cai�atmT KELLIEK.T:E1 E Commission Uum1819 ( LL My Comm issi es k�c- 6-e- /y im Notary Public in and for said State {01535077.DOC} h0 LEGAL DESCRIPTION COUNTRY CLUB ESTATES SIXTH ADDITION A portion of the Northwest Quarter of the Southeast Quarter, and a Portion of the Southwest Quarter of the Southeast Quarter of Section 13, Township 79 North, Range 7 West of the Fifth Principal Meridian, Iowa City, Johnson County, - - - -- -- -- Iowa. described -as- follows: - Commencing at the Center of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence S01 °15'57 "W, along the West Line of the Southeast Quarter of said Section 13, a distance of 1391.03 feet, to the Point of Beginning; Thence N 082'53 "37E, 202.95 feet; Thence N07 °06'23 "W, 54.24 feet; Thence N82 °53'37 "E, 122.08 feet, to a Point on the West Line of County Club Estates First Addition, in accordance with the Plat thereof Recorded in Plat Book 43, at Page 284 of the Records of the Johnson County Recorder's Office; Thence S16 °43'33 "E, along said West Line, 12.59 feet, to the Southwest Corner thereof; Thence S78 022'23 "E, along the South Line of said County Club Estates First Addition, 287.00 feet, to a Point on the West Line of County Club Estates Third Addition, in accordance with the Plat thereof Recorded in Plat Book 54, at Page 221 of the Records of the Johnson County Recorder's Office; Thence S1 1'37'37"W, along said West Line 36.70 feet; Thence SO4 °03'46 "E, 245.21 feet; Thence S19 021'48 "E, along said West Line, 137.52 feet; Thence S21 °19'53 "E, along said West Line, 60.38 feet; Thence S26 044'57 "E, along said West Line, 119.76 feet; Thence S64'20'21 "W, along said West Line, 90.67 feet; Thence N86 °30'48 "W, along said West Line, 235.44 feet; Thence N38 °41'18 "W, along said West Line, 228.87 feet; Thence N51 °18'42 "E, along said West Line, 125.00 feet; thence N38 °41'18 "W, along said West Line, 20.00 feet; Thence S51 °18'42 "W, along said West Line, 125.00 feet; Thence N38 041'18 "W, along said West Line, 417.39 feet, to a Point on the West Line of the Southeast Quarter of said Section 13; Thence N01 °15'57 "E, along said West Line, 54.23 feet, to the Point of Beginning. Said Tract of Land contains 6.58 Acres, and is subject to easements and restrictions of record. {01535077.DOC} CERTIFICATE OF COUNTY TREASURER COUNTRY CLUB ESTATES SIXTH ADDITION I, the undersigned, Treasurer of Johnson County, Iowa or deputy thereof, hereby certify that the following described property, also known as Country Club Estates Sixth Addition, 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 X- day of Sep J2013. os Thomas L. Kriz, Treasurer-of Johnson County, Iowa Parcel Nos. 1113451006 {01535071.DOC} ' 0 LEGAL DESCRIPTION COUNTRY CLUB ESTATES SIXTH ADDITION A portion of the Northwest Quarter of the Southeast Quarter, and a Portion of the Southwest Quarter of the Southeast Quarter of Section 13, Township 79 North, Range 7 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, described as follows: Commencing at the Center of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence S01 °15'57 "W, along the West Line of the Southeast Quarter of said Section 13, a distance of 1391.03 feet, to the Point of Beginning; Thence N 082'53 "37E, 202.95 feet; Thence N07 °06'23 "W, 54.24 feet; Thence N82 °53'37 "E, 122.08 feet, to a Point on the West Line of County Club Estates First Addition, in accordance with the Plat thereof Recorded in Plat Book 43, at Page 284 of the Records of the Johnson County Recorder's Office; Thence S16 °43'33 "E, along said West Line, 12.59 feet, to the Southwest Corner thereof; Thence S78 °22'23 "E, along the South Line of said County Club Estates First Addition, 287.00 feet, to a Point on the West Line of County Club Estates Third Addition, in accordance with the Plat thereof Recorded in Plat Book 54, at Page 221 of the Records of the Johnson County Recorder's Office; Thence S11 °37'37 "W, along said West Line 36.70 feet; Thence SO4 °03'46 "E, 245.21 feet; Thence S19 °21'48 "E, along said West Line, 137.52 feet; Thence S21 °19'53 "E, along said West Line, 60.38 feet; Thence S26 044'57 "E, along said West Line, 119.76 feet; Thence S64 °20'21 "W, along said West Line, 90.67 feet; Thence N86 030'48 "W, along said West Line, 235.44 feet; Thence N38 °41'18 "W, along said West Line, 228.87 feet; Thence N51 °18'42 "E, along said West Line, 125.00 feet; thence N38 °41'18 "W, along said West Line, 20.00 feet; Thence S51'1 8'42"W, along said West Line, 125.00 feet; Thence N38'41'1 8"W, along said West Line, 417.39 feet, to a Point on the West Line of the Southeast Quarter of said Section 13; Thence N01 °15'57 "E, along said West Line, 54.23 feet, to the Point of Beginning. Said Tract of Land contains 6.58 Acres, and is subject to easements and restrictions of record. {01535071.DOC} 50 I, Travis Weipert, the Johnson County Auditor, hereby approve of Country Club Estates Sixth Addition as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: See Exhibit "A ". Travis Weipert, Johnson County Auditor Date (01535069.DOC) 60 LEGAL DESCRIPTION COUNTRY CLUB ESTATES SIXTH ADDITION A portion of the Northwest Quarter of the Southeast Quarter, and a Portion of the Southwest Quarter of the Southeast Quarter of Section 13, Township 79 North, Range 7 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, described as follows: Commencing at the Center of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence S01'1 5'57"W, along the West Line of the Southeast Quarter of said Section 13, a distance of 1391.03 feet, to the Point of Beginning; Thence N 082'53 "37E, 202.95 feet; Thence N07 °06'23 "W, 54.24 feet; Thence N82 053'37 "E, 122.08 feet, to a Point on the West Line of County Club Estates First Addition, in accordance with the Plat thereof Recorded in Plat Book 43, at Page 284 of the Records of the Johnson County Recorder's Office; Thence S16 043'33 "E, along said West Line, 12.59 feet, to the Southwest Corner thereof; Thence S78 022'23 "E, along the South Line of said County Club Estates First Addition, 287.00 feet, to a Point on the West Line of County Club Estates Third Addition, in accordance with the Plat thereof Recorded in Plat Book 54, at Page 221 of the Records of the Johnson County Recorder's Office; Thence S11 °37'37 "W, along said West Line 36.70 feet; Thence SO4 °03'46 "E, 245.21 feet; Thence S19 021'48 "E, along said West Line, 137.52 feet; Thence S21 °19'53 "E, along said West Line, 60.38 feet; Thence S26 044'57 "E, along said West Line, 119.76 feet; Thence S64 020'21 "W, along said West Line, 90.67 feet; Thence N86 °30'48 "W, along said West Line, 235.44 feet; Thence N38 0411 8 "W, along said West Line, 228.87 feet; Thence N51 °18'42 "E, along said West Line, 125.00 feet; thence N38 °41'18 "W, along said West Line, 20.00 feet; Thence S51 °18'42 "W, along said West Line, 125.00 feet; Thence N38 °41'18 "W, along said West Line, 417.39 feet, to a Point on the West Line of the Southeast Quarter of said Section 13; Thence N01 °15'57 "E, along said West Line, 54.23 feet, to the Point of Beginning. Said Tract of Land contains 6.58 Acres, and is subject to easements and restrictions of record. {01535069.DOC} �0 Prepared by: Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511 Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 [01:2 104 Lei I[ely_Alli0i1:7i!I '1 COUNTRY CLUB ESTATES SIXTH ADDITION 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 as of September 18, 2013 at 4:30 P.M., fee simple title to said property, to become known as Country Club Estates Sixth Addition, is in S &J Development, LLP, free and clear of all liens and encumbrances except for the following mortgage lien: A. a mortgage in favor of Hills Bank and Trust Company, which mortgage is dated October 1, 2009, and was recorded October 8, 2009, in Book 4513, Page 675 of the Records of the Recorder of Johnson County, Iowa. Dated at Iowa City, Iowa, this 964'' day of September, 2013. &�A_/� Michael J. Pugff Bradley & Riley PC Tower Place One South Gilbert Street Iowa City, IA 52240 (01535075.DOC) l 70 LEGAL DESCRIPTION COUNTRY CLUB ESTATES FIFTH ADDITION A portion of the Northwest Quarter of the Southeast Quarter, and a Portion of the Southwest Quarter of the Southeast Quarter of Section 13, Township 79 North, Range 7 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, described as follows: Commencing at the Center of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence S01 °15'57 "W, along the West Line of the Southeast Quarter of said Section 13, a distance of 1391.03 feet, to the Point of Beginning; Thence N °82'53 "37E, 202.95 feet; Thence N07 °06'23 "W, 54.24 feet; Thence N82 °53'37 "E, 122.08 feet, to a Point on the West Line of County Club Estates First Addition, in accordance with the Plat thereof Recorded in Plat Book 43, at Page 284 of the Records of the Johnson County Recorder's Office; Thence S16 °43'33 "E, along said West Line, 12.59 feet, to the Southwest Corner thereof; Thence S78 °22'23 "E, along the South Line of said County Club Estates First Addition, 287.00 feet, to a Point on the West Line of County Club Estates Third Addition, in accordance with the Plat thereof Recorded in Plat Book 54, at Page 221 of the Records of the Johnson County Recorder's Office; Thence S1 1'37'37"W, along said West Line 36.70 feet; Thence SO4 °03'46 "E, 245.21 feet; Thence S19 °21'48 "E, along said West Line, 137.52 feet; Thence S21 °19'53 "E, along said West Line, 60.38 feet; Thence S26 °44'57 "E, along said West Line, 119.76 feet; Thence S64 °20'21 "W, along said West Line, 90.67 feet; Thence N86 °30'48 "W, along said West Line, 235.44 feet; Thence N38 °41'18 "W, along said West Line, 228.87 feet; Thence N51 018'42 "E, along said West Line, 125.00 feet; thence N38 041'18 "W, along said West Line, 20.00 feet; Thence S51'1 8'42"W, along said West Line, 125.00 feet; Thence N38041'1 8"W, along said West Line, 417.39 feet, to a Point on the West Line of the Southeast Quarter of said Section 13; Thence N01 015'57 "E, along said West Line, 54.23 feet, to the Point of Beginning. Said Tract of Land contains 6.58 Acres, and is subject to easements and restrictions of record. {01535075.DOC) I' 'lo Prepared by: Michael J. Pugh One South Gilbert Street Phone (319) 466-1511 Bradley & Riley PC Town City, IA 52240 FAX (319) 358 -5560 CONSENT OF MORTGAGEE TO SUBDIVISION COUNTRY CLUB ESTATES SIXTH ADDITION The undersigned, Hills Bank and Trust Company is the Mortgagee of a Mortgage from the following: A. Mortgage from S & J Development, L.L.P. to Hills Bank and Trust Company, which mortgage is dated October 1, 2009 and was recorded October 8, 2009, in Book 4513, at Page 675 of the records of Johnson County, Iowa. Said Mortgage constitutes a lien on that property to be designated as Country Club Estates Sixth Addition and legally described on the attached Exhibit "A ". That the undersigned Mortgagee, pursuant to the provisions of Chapter 354 of the 2013 Code of Iowa, does hereby consent to the platting of this subdivision by S & J Development, LLP and does hereby release from said mortgage all streets, easements, outlots or other areas to be conveyed or dedicated to the City of Iowa City, Iowa. Dated this day of September, 2013. (01535074d)OC) 6° STATE OF IOWA, COUNTY OF JOHNSON) ssc This instrument was acknowledged before me on this /I ' day of September, 2013 . by Keith Jones and Dean Stockman, as Senior Vice - President and Vice - President, respectively of Hills Bank and Trust Company. Le ERIN C. STEPHENS �Comm[Won Numbar 753132 M missi0 j Y 1 ow Y Lu �'lo �`h : (01535074,DOC) 1A/ Notary Public in and for said State L LEGAL DESCRIPTION COUNTRY CLUB ESTATES SIXTH ADDITION A portion of the Northwest Quarter of the Southeast Quarter, and a Portion of the Southwest Quarter of the Southeast Quarter of Section 13, Township 79 North, Range 7 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, described as follows: Commencing at the Center of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence S01 °15'57 "W, along the West Line of the Southeast Quarter of said Section 13, a distance of 1391.03 feet, to the Point of Beginning; Thence N 082'53 "37E, 202.95 feet; Thence N07 °06'23 "W, 54.24 feet; Thence N82 °53'37 "E, 122.08 feet, to a Point on the West Line of County Club Estates First Addition, in accordance with the Plat thereof Recorded in Plat Book 43, at Page 284 of the Records of the Johnson County Recorder's Office; Thence S16 043'33 "E, along said West Line, 12.59 feet, to the Southwest Corner thereof; Thence S78 °22'23 "E, along the South Line of said County Club Estates First Addition, 287.00 feet, to a Point on the West Line of County Club Estates Third Addition, in accordance with the Plat thereof Recorded in Plat Book 54, at Page 221 of the Records of the Johnson County Recorder's Office; Thence S1 1 °37'37 "W, along said West Line 36.70 feet; Thence SO4 °03'46 "E, 245.21 feet; Thence S1 9 °21'48 "E, along said West Line, 137.52 feet; Thence S21 019'53 "E, along said West Line, 60.38 feet; Thence S26 °44'57 "E, along said West Line, 119.76 feet; Thence S64 020'21 "W, along said West Line, 90.67 feet; Thence N86 °30'48 "W, along said West Line, 235.44 feet; Thence N38 °41'18 "W, along said West Line, 228.87 feet; Thence N51 018'42 "E, along said West Line, 125.00 feet; thence N38 °41'18 "W, along said West Line, 20.00 feet; Thence S51 °18'42 "W, along said West Line, 125.00 feet; Thence N38 041'18 "W, along said West Line, 417.39 feet, to a Point on the West Line of the Southeast Quarter of said Section 13; Thence N01 015'57 "E, along said West Line, 54.23 feet, to the Point of Beginning. Said Tract of Land contains 6.58 Acres, and is subject to easements and restrictions of record. (0I535074.DOC) �2 Prepared by: Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511 Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 UNDERGROUND UTILITY EASEMENT COUNTRY CLUB ESTATES SIXTH ADDITION In consideration of the approval of the Final Plat of Country Club Estates Sixth Addition, Iowa City, Iowa, the undersigned owner hereby grants to MidAmerican Energy Co., Centurylink, Inc. and Mediacom, and their successors, (hereinafter collectively "Grantees ") a perpetual easement upon, over, under, along and across the areas designated on the Final Plat of Country Club Estate Sixth Addition Iowa City, Iowa, as "15.0' Utility Easement" as located within the Subdivision. The Grantees of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purpose of serving the Subdivision and other property with electricity, gas, and communication service; the right to trim, cut down and remove such trees, brush, saplings and bushes as may interfere with the proper construction, maintenance, operation or removal of said facilities, equipment and appurtenances; and the right of ingress and egress for all of the purposes aforesaid. Grantees shall promptly backfill any trench made by them, and repair any damages caused by them within the easement areas. Grantor, its successors in interest and assigns, reserves the right to use said easement areas for purposes which will not interfere with the Grantee's full enjoyment of rights hereby granted; provided that Grantor shall not erect or construct any reservoir, retaining wall 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 (01535137.0001 -2- utility easement but, with advance written authorization from the Grantee's representatives, the same may be used for gardens, shrubs, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. Grantees' rights, however, include the right to remove and /or clear away any such gardens, shrubs, minor landscaping, bushes and plantings within the easement area without compensation to Grantor or its success in interest. Dated this P (P day of 2013. S & J DEVELOPMENT. LLP Michael H. Speer, Attorn - STATE OF IOWA, COUNTY OF JOHNSON ) ss: This instrument was acknowledged before me on this c3�,� day of 2013 by Michael H. Speer as Attorney -in -Fact for S & J De elopment, LLP. m a {01535137.DOC) UV L �-C.ir Notary Public ' and for said State 00 Prepared by: Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511 Bradley & Riley PC Iowa City, IA 52240 FAX (319) 356 -5560 COUNTRY CLUB ESTATES SIXTH ADDITION THIS AGREEMENT, made and entered into by and between S & J Development, LLP (Owner), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such storm sewer water lines, pipes, mains, and conduits as the City shall from time to time elect for conveying storm water, with all necessary appliances and fittings, for the use in connection with said lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas designated as "15.0' Storm Sewer Easement' as shown on the Final Plat of Country Club Estates Sixth Addition, referred to herein as "easement area." Owner further grants to the City: 1. The right of grading said easement area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement area and also to trim, cut down and (01535146.DOC) �U -2- clear away any trees on either side of said easement area which now or hereafter in the opinion of the City may be a hazard to said easement areas, or which may interfere with the exercise of the City's rights hereunder in any manner. 3. The right to enter onto land beyond the easement area to conduct emergency repairs that may extend beyond the easement area, without obtaining a separate temporary easement. City's right to do such work shall be effective only upon City's prior notice to owners and with minimal disruption of the area. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement areas. The City shall indemnify 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 areas. Fences and /or trees placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and Owner has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. {01535146.DOC} `O 7 -3- Dated this °2 day of 2013. S & J DEVELOPMENT, LLP r l SINOW154 CITY OF IOWA CITY, IOWA By: n Matthew J. Hay yor ATTEST: By: h • `/C/� Warian K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me on this °� day of Pi✓✓1 2013 by Michael H. Speer as Attorney -in -Fact for S & J Development, LLP. ffaJune ABER � � � � q l - IOWA Notary Public in nd for said State . 773259 04, 20 STATE OF IOWA, COUNTY OF JOHNSON) ss: On this "? day ofOobbe.r , 2013 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. to m� 11 K Commission Number221819 LLIF z MY OM IssionExpires Notary Public in and for said State (01535146.DOC) 60 Prepared by: Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511 Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 SANITARY SEWER EASEMENT AGREEMENT COUNTRY CLUB ESTATES SIXTH ADDITION THIS AGREEMENT, made and entered into by and between S & J Development, LLP (Owner), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, 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 areas designated as "20.0 Sanitary Sewer Easement" and "15.0' sanitary sewer easement agreement" as shown on the Final Plat of Country Club Estates Sixth Addition, referred to herein as "easement area." Owner further grants to the City: 1. The right of grading said easement area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement area and also to trim, cut down and (01538044.DOC) 5v -a- clear away any trees on either side of said easement area which now or hereafter in the opinion of the City may be a hazard to said easement areas, or which may interfere with the exercise of the City's rights hereunder in any manner. 3. The right to enter onto land beyond the easement area to conduct emergency repairs that may extend beyond the easement area, without obtaining a separate temporary easement. City's right to do such work shall be effective only upon City's prior notice to owners and with minimal disruption of the area. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement areas. The City shall indemnify 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 areas. Fences and/or trees placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and Owner has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said,.imp rove ment. 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. (01538044MC) S° -3- Dated this c day of �e�O rn 2013. S & J DEVELOPMENT, LLP -i CITY OF IOWA CITY. IOWA By: (1 n Matthew J. Hayek, ayor ATTEST: By: L�-lticyria% 7�- YG� Mkrian K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was s_ , 2013 by Development, LLP. IMARCY NABER Notarial Seal • IOWA Commission No. 773259 mission Expires June 04, 20 acknowledged before me on this �) (0 day of Michael H. Speer as Attorney -in -Fact for S & J N) Mme' o r"V) o, Notary Publi in and for said State STATE OF IOWA, COUNTY OF JOHNSON) ss: On this 20 day of b r , 2013 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. 410aEIE K. TUTfLE o Commission Number 221819 My Com ""0 Expires Notary Public in and for said State {01538044.DOC} �u Prepared by: Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511 Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 STORM SEWER AND DRAINAGEWAY EASEMENT AGREEMENT COUNTRY CLUB ESTATES SIXTH ADDITION THIS AGREEMENT, made and entered into by and between S & J Development, LLP ( "Owner "), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the "City "), which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such storm water lines, pipes, mains, conduits and overland drainageways as the City shall from time to time elect for conveying storm water, with all necessary appliances and fittings for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas designated as "15.0 Storm Sewer and Drainage Easement' and "22.5 Storm Sewer and Drainage Easement' on the Final Plat of Country Club Estates Sixth Addition and referred to herein as "easement areas." Owner further grants to the 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 of the said easement area, to such extent as the City may find reasonably necessary. {01535131.DOC} O 6 -2- The right from time to time to trim, to cut down and clear away any and all trees and brush on said easement area, and also to trim, cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of the City may be a hazard to said easement areas or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Owner reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence 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 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 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 c� CP day of ' 2013. S & J DEVELOPMENT, LLP Micifael H. Speer, Attorne -in -Fact {01535131.DOC} 60 -3- CITY OF IOWA CITY. IOWA By: Matthew J. Hayek, Mayo ATTEST: By: 2u "") Marian K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me on this day of 2013 by Michael H. Speer as Attorney -in -Fact for S & J Dev lopment, LLP. amABER l - IOWA o. 773259 Nota Publi in and for said State June 04, 20 Notary STATE OF IOWA, COUNTY OF JOHNSON) ss: On this 251-61 day of Le-C , 2013 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. KE Commission Number 7. ?1619 My Com issio EX Ire ow s ---��— K / �W�e-, Notary Public in and for said State (01535131.DOC) 40 U O Y ZI to l.� i I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 13-295, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the I st clay of October, 2013, all as the same appeals of record in my office. Also attached are the final legal documents for Eastbrook Flats Addition, Iowa City, Iowa as follows: 1. Subdivider's Agreement 2. Owner's Certificate & Dedication 3. Certificate of County Treasurer 4. Certificate of County Auditor 5. Opinion of Attorney 6. Consent of Mortgagee (Hills Bank & Trust) 7. Underground Utility Easement 8. Stour Sewer Easement Agreement 9. Temporary Construction Easement Agreement Dated at Iowa City, Iowa, this —VT day of -h7be 2013. Aa�u� ) Marian K. Karl- City Clerk Ves subdivision r IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIillllllllllllllllllll "III Tr� Doc ID: 02$111940031 Type: GEN r" y Kind: SUBDIVISION Recorded: 10/10/2013 at Pee Amt: $157.00 Page 12:10:44 PM 1 of 31 i '■ Yilr ®�® Johnson County Iowa Kim Painter County Recorder CITY OF IOWA CITY SK5169 PG452 -482 410 East Washington Street Iowa Qty, Iowa 52240 -1826 (3 19) 356 -5000 (319) 356 -5009 FAX STATE OF IOWA ) www.1cgov.org ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 13-295, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the I st clay of October, 2013, all as the same appeals of record in my office. Also attached are the final legal documents for Eastbrook Flats Addition, Iowa City, Iowa as follows: 1. Subdivider's Agreement 2. Owner's Certificate & Dedication 3. Certificate of County Treasurer 4. Certificate of County Auditor 5. Opinion of Attorney 6. Consent of Mortgagee (Hills Bank & Trust) 7. Underground Utility Easement 8. Stour Sewer Easement Agreement 9. Temporary Construction Easement Agreement Dated at Iowa City, Iowa, this —VT day of -h7be 2013. Aa�u� ) Marian K. Karl- City Clerk Ves subdivision Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5230 (SUB13- 00014) RESOLUTION NO. 13 -295 RESOLUTION APPROVING FINAL PLAT OF EASTBROOK FLATS ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, Sally Hall /Hieronymus Family Partners, filed with the City Clerk the final plat of Eastbrook Flats 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: A portion of the Southwest Quarter of the Northwest Quarter of Section 18, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, described as follows: Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence S89 °26'36 "E, along the South Line of the Southwest Quarter of the Northwest Quarter of said Section 18, a distance of 50.03 feet, to the Southwest Corner of the Tract of Land depicted on the "Retracement Plat of Survey" in accordance with the Plat thereof Recorded in Plat Book 57 at Page 52 of the Records of the Johnson County Recorder's Office, and the Point of Beginning; Thence N0 1 °30'10 "W along the West Line of said Tract of Land, 207.76 feet; Thence Northeasterly, 304.62 feet, along said West Line on a 1095.92 foot radius curve, concave Southeasterly, whose 303.64 foot chord bears N06 027'37 "E, to the Northwest Corner thereof, Thence S89 °27' 12 "E, along the North Line of said Tract of Land, and the North Line of Auditor's Parcel 2013043, in accordance with the Plat thereof Recorded in Plat Book 57 at Page 320, of the Records of the Johnson County Recorder's Office, 388.15 feet, to the Northeast Corner of said Auditor's Parcel 2013046; S00 °33'24 "W, along the East Line of said Auditor's Parcel, 509.73 feet, to the Southeast Corner thereof, and a Point on the South Line of said Southwest Quarter of the Northwest Quarter of Section 18; Thence N89 °26'36 "W, along said South Line, the South Line of said Auditor's Parcel, and the South Line of said Tract of Land, 411.91 feet, to the Point of Beginning. Said Parcel of Land contains 4.83 Acres (210,407 square feet), and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2013) 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. r Resolution No. 13 -295 Page 2 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner /subdivider. Passed and approved this 1st day of October , 2013. MAYOR Approved by�7 ATTEST:�i�.�tr -J yid. .eo � ./�t„fu Jtliri�91 CITY CLERK ity Attorney's Office I fi-5/6 It was moved by trims and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion X Dickens x Dobyns X Hayek X Mims X Payne x Throgmorton I? pcdlamplates /SUB13 -00014 Final Plat - Resolution doe doc Prepared by: Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511 Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 I;U TUT1IAA N&�A[e]0#11A IT, IAai THIS AGREEMENT made by and between Summit Ridge, LLC, hereinafter referred to as "Subdivider', and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the "City ". WITNESSETH IT IS, THEREFORE, HEREBY AGREED AS FOLLOWS: Section 1. Public Improvements. In consideration of the City approving the plat of Eastbrook Flats Addition, 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 twenty -five (25) feet in width on Eastbrook Street. (b) Water mains, storm sewers, and sanitary sewers as required by the City. (c) Subdivision erosion control measures as required by the City under its ordinances. The paving, storm sewers, water mains, and sanitary sewers are hereinafter referred to as "Improvements." Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall the Subdivider be deemed acting on the City's agent during the original construction (01519493.DOC)(01619493.DOC) 6 i -2- and installation of said Improvements. The parties agree that the obligation to install the Public Improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Subdivider until completion by the Subdivider, and until acceptance by the City, as provided by law. Section 2. Construction of Improvements. The Improvements described in Section 1 of this Agreement shall be constructed and installed by the Subdivider according to plans and specifications approved by the City Engineer of the City of Iowa City, who shall have the right to make occasional inspection of the work in progress. Such inspections shall not relieve or release the Subdivider from its responsibility to construct said Improvements in accordance with the approved plans and specifications. Further, said inspections shall not create a duty or warranty on the part of the City that the construction of said Improvements are in compliance with said plans and specifications. Section 3. Sidewalks. The Subdivider agrees to install an eight foot (8') wide sidewalk adjacent to the Scott Boulevard frontage and a five foot (6) sidewalk adjacent to American Legion Road. The sidewalks shall be installed as required by Sections 15 -3 -3; 16- 1C -1, 2, 3; 16 -4 -1, Iowa City Code of Ordinances, and shall remain a lien on the subdivision until installed and released by the City, and the release duly recorded with the Johnson County Recorder's office. The City agrees to promptly reimburse Subdivider or its successors or assigns, for the reasonable oversize' costs associated with increasing the width of the sidewalk from 5 feet to 8 feet on Scott Boulevard. Said reimbursement shall occur within thirty (30) days upon acceptance of the sidewalk adjacent to Scott Boulevard. Section 4. Building Permits and Escrow Monies. If the Subdivider should desire a building permit for a building on any lot in said subdivision before the Improvements have been installed, the Subdivider shall deposit with the Department of Housing and Inspection Services, in escrow, an amount equal to the estimated cost of constructing said Improvements plus ten percent (10 %) thereof (hereinafter "Improvements Escrow "). The City Engineer shall determine the amount of the escrow which shall be collected for each building permit issued prior to the installation of the Improvements. In addition to the Improvements Escrow, if Subdivision Erosion Control measures have not been installed, with ground cover established by growth, the City may require, as a condition to the issuance of the first building permit for 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 {01519493. DOC} {01519493. D OC} G\ -3- that the Subdivider fails to accomplish erosion clean -up after reasonable notice from the City, the City is hereby authorized but not obligated to do the work and to charge the cost thereof to the Erosion Clean -up Escrow, if adequate, and to charge any excess costs to the Subdivider. If the Erosion Clean -up Escrow is insufficient to pay the costs incurred by the City, the Subdivider shall promptly reimburse the City for the excess costs incurred. The unused balance of the Erosion Clean -up Escrow shall be returned to the Subdivider after erosion control measures have been installed, and ground cover has been established by growth. After the Erosion Clean -up and Improvements Escrows have been established, the Building Inspector of the City is authorized to issue a building permit, if the applicant is in compliance with all other applicable requirements and ordinances of the City. Section 5. Occupancy Permit. Prior to the issuance of an occupancy permit for any structure erected pursuant to Section 4, the City in its discretion may require the Subdivider, its assigns or successors in interest, to construct and install the Improvements as stated in Section 1 and the sidewalks as stated in Section 3. Section 6. Use of Escrow Monies. If, after the issuance of an occupancy permit, the Improvements have not been constructed and installed, the City may use funds deposited in the Improvements Escrow to construct and install such Improvements. If the cost of the construction and installation of said Improvements exceeds the amount of said escrows, the City shall have a lien and charge against all the lots in the subdivision for the balance of the cost. After the construction and installation of the Improvements, the City shall refund to the Subdivider any Improvements Escrow monies not used by the City for the construction and installation of such Improvements. Section 7. Waiver. If the Subdivider, its assigns or successors in interest, sells or conveys lots in the Subdivision without first constructing or installing the required Improvements or sidewalks, the City shall have the right to install and construct said Improvements or sidewalks. Subdivider acknowledges and agrees that all lots in the subdivision are specifically benefited by the Improvements, so the cost of installing and constructing Improvements shall be a lien and charge against all the lots in the subdivision under Chapter 384 of the 2013 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 {01519493.DOC){01519493.DOC} G \ 4- provided. Section 8. Release. The City agrees that when the Improvements have been installed as required to the satisfaction of the City, the City will, upon request, promptly issue to the Subdivider, for recording in the Office of the Johnson County Recorder, a good and sufficient release for the lots in the subdivision so that this Agreement will not constitute a cloud upon the title of the lots in the subdivision. The Iowa City Mayor and City Clerk are hereby authorized to execute said release, and all other necessary and appropriate releases, with the concurrence of the City Attorney and City Engineer. A separate sidewalk lien release will be issued where appropriate as set forth in Section 3. This section also authorizes the execution of one or more limited release agreements, based on the escrows for improvements as contemplated by Section 4 above and as may be acceptable to the City. Section 9. Street Maintenance and Public Services. The Subdivider agrees that public services, including but not limited to street maintenance, snow removal, and solid waste collection, will not be extended to the subdivision until Eastbrook Street is installed and accepted by the City. Section 10. Conditional Zoning Agreement. Subdivider acknowledges that it is bound by the terms and conditions contained in the Conditional Zoning Agreement 13 -4536 recorded June 21, 2013 in Book 5113, Page 461 -471, miscellaneous records of Johnson County Recorder. Section 11. Neighborhood Open Space. The City's Neighborhood Open Space Ordinance requires the dedication of .16 acres of property, or the payment of a fee in lieu thereof, in connection with this subdivision. It is agreed that said requirement shall be met upon payment of a fee of $2,547.90 (16 acres x $15,000.00) in lieu of open space dedication. This obligation shall bind the successors and assigns of all the parties hereto, and shall apply and run with the land. This amount shall be paid prior to the issuance of the first building permit for any lot in the subdivision. Section 12. Miscellaneous. (a) All electrical, telephone and cable television service and distribution lines shall be installed underground. (b) Prior to issuance of any building permit for any lot in the subdivision, Subdivider shall pay to the City a water main extension fee in the amount of $1,907.85 ($395 per acre for 4.83 acres). (c) Prior to the issuance of a building permit for any lot in the subdivision, . (01519493.DOC)(01519493.DOC) G\ -5- Subdivider shall pay to the City the sum of $36,653.00 to contribute toward the cost of improving the American Legion Road frontage adjacent to the subdivision, or provide a letter of credit for the same. (d) Plat notes and surveyor's notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant, or create any third party beneficiaries to any noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any applicable public notice and approval process required by law, to alter or amend any plat note, or to sell or vacate any right -of -way, street, alley, park, easement, open area or other land set apart and dedicated for public use within the plat. The City further reserves the right, upon request of the owner or successor in interest, to vacate the plat and /or relocate any easement, alter lot boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law. Section 14. Binding Effect. This agreement shall inure to the benefit and bind the successors and assigns of the respective parties hereto and shall be construed as a covenant running with the title to the lots within the subdivision. Dated this a 4,6 day of 15uk on &e 0- 2013. SUMMIT RIDGE, LLC By: #ssd Allen Manager By: Thomas Kaut, Manager CITY OF IOWA CITY, IOWA By: �A Matthew J. Hayek, Mayor ATTEST: By: Ai,9.it -) e. Ma ' n K. Karr, City Clerk {01519493. DOC} {01519493. DOC} G\ 6_ STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me on this X76 day of 2013 by Jesse Allen, Manager of Summit Ridge, LLC. WftmNot Public in an for State This instrument was acknowledged before me on this e�* /A day of ,Sggmkev' , 2013 by Thomas Kaut, Manager of Summit Ridge, LLC. STATE OF IOWA, COUNTY OF JOHNSON) ss: On this )-� day of fix' �, 2013 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. KTTComsion Number 221819 o Issi n, IE pires JL��fr t K 7;7t�le� Notary Public in and for said State {01519493.DOC) {01519493.DOC} 6 \ Prepared by: Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511 Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 KNOW ALL MEN BY THESE PRESENTS: Summit Ridge, LLC 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" Summit Ridge, LLC does further state that the subdivision of said real estate as it appears on the Final Plat of Eastbrook Flats Addition 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 Eastbrook Flats Addition, are hereby dedicated to the public, as provided by Chapter 354 of the 2013 Code of Iowa, as amended. IN WITNESS WHEREOF, the proprietors have caused these presents to be signed on this day of 5e pk,,A " 2013. SUMMIT RIDGE, LLC By: � -- ) �/Jess6 Allen, Manager By: Thomas Kaut, Manager (01519422.DOC) "l\ CITY OF IOWA CITY, IOWA By: A Matthew J. Haye , Wayor By: ✓!/�s�u ! >c �s Marian-K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON ) ss: This instrument was acknowledged before me on this r2610-- day of l�w•�S -gym°' 2013 by Jesse Allen, Manager of Summit Ridge, LLC. $.P. MICHAEL Jffl P61GH {/ 6ommMIal 979 � =26,21hs Notary Public in an for Old State STATE OF IOWA, COUNTY OF JOHNSON ) ss: This instrument was acknowledged before me on this e26 µ day of 4/r- 1 L -� , 2013 by Thomas Kaut, Manager of Summit Ridge, LLC. A MICHAELJ. PUGH I ' my ow p,ry26, s Notary Public in a d fc said State STATE OF IOWA, COUNTY OF JOHNSON) ss: On this 20 day of , Chfoe r , 2013 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. '�`' �KELI.IEK.TUTTLE ' *`'"ei Commisslon Number221819 ' 1 My Com issi nExpires Notary Public in and for said State {01519422.DOC} 1-J +� riwl 11 : ^�• 9 A portion of the Southwest Quarter of the Northwest Quarter of Section 18, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, described as follows: Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence S89 °26'36 "E, along the South Line of the Southwest Quarter of the Northwest Quarter of said Section 18, a distance of 50.03 feet, to the Southwest Corner of the Tract of Land depicted on the "Retracement Plat of Survey" in accordance with the Plat thereof Recorded in Plat Book 57 at Page 52 of the Records of the Johnson County Recorder's Office, and the Point of Beginning; Thence N01 °30'10 "W, along the West Line of said Tract of Land, 207.76 feet; Thence Northeasterly, 304.62 feet, along said West Line on a 1095.92 foot radius curve, concave Southeasterly, whose 303.64 foot chord bears N06 °27'37 "E, to the Northwest Corner thereof; Thence S89 °27'12 "E, along the North Line of said Tract of Land, and the North Line of Auditor's Parcel 2013043, in accordance with the Plat thereof Recorded in Plat Book 57 at Page 320, of the Records of the Johnson County Recorder's Office, 388.15 feet, to the Northeast Corner of said Auditor's Parcel 2013043; S00 °33'24 "W, along the East Line of said Auditor's Parcel, 509.73 feet, to the Southeast Corner thereof, and a Point on the South Line of said Southwest Quarter of the Northwest Quarter of Section 18; Thence N89 °26'36 "W, along said South Line, the South Line of said Auditor's Parcel, and the South Line of said Tract of Land, 411.91 feet, to the Point of Beginning. Said Parcel of Land contains 4.83 Acres (210,407) square feet), and is subject to easements and restrictions of record. {01519422.UOC) I, the undersigned, Treasurer of Johnson County, Iowa or deputy thereof, hereby certify that the following described property, also known as Eastbrook Flats Addition, 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 .1� W day of , o t e�.6,_ e! 12013. Thomas L. Kriz, Treasurer o� Johnson County, Iowa Parcel Nos. 0918254001 0918251002 (0I5I9379.DOC) 5` 1 199 9-11a 1:1 ROM 2■ • A portion of the Southwest Quarter of the Northwest Quarter of Section 18, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, described as follows: Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence S89 °26'36 "E, along the South Line of the Southwest Quarter of the Northwest Quarter of said Section 18, a distance of 50.03 feet, to the Southwest Corner of the Tract of Land depicted on the "Retracement Plat of Survey" in accordance with the Plat thereof Recorded in Plat Book 57 at Page 52 of the Records of the Johnson County Recorder's Office, and the Point of Beginning; Thence N01 °30'10 "W, along the West Line of said Tract of Land, 207.76 feet; Thence Northeasterly, 304.62 feet, along said West Line on a 1095.92 foot radius curve, concave Southeasterly, whose 303.64 foot chord bears N06 027'37 "E, to the Northwest Corner thereof; Thence S89 °27'12 "E, along the North Line of said Tract of Land, and the North Line of Auditor's Parcel 2013043, in accordance with the Plat thereof Recorded in Plat Book 57 at Page 320, of the Records of the Johnson County Recorder's Office, 388.15 feet, to the Northeast Corner of said Auditor's Parcel 2013043; S00 °33'24 "W, along the East Line of said Auditor's Parcel, 509.73 feet, to the Southeast Corner thereof, and a Point on the South Line of said Southwest Quarter of the Northwest Quarter of Section 18; Thence N89 °26'36 "W, along said South Line, the South Line of said Auditor's Parcel, and the South Line of said Tract of Land, 411.91 feet, to the Point of Beginning. Said Parcel of Land contains 4.83 Acres (210,407) square feet), and is subject to easements and restrictions of record. (01519379.DOC) EASTBROOK FLATS ADDITION— IOWA CITY, IOWA I, Travis Weipert, the Johnson County Auditor, hereby approve of Eastbrook Flats Addition as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: See Exhibit "A ". Travis Weipert, Jerhnson County Auditor ii °,� Date {01519372.DOC} l LEGAL DESCRIPTION EASTBROOK FLATS ADDITION A portion of the Southwest Quarter of the Northwest Quarter of Section 18, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, described as follows: Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence S89 °26'36 "E, along the South Line of the Southwest Quarter of the Northwest Quarter of said Section 18, a distance of 50.03 feet, to the Southwest Corner of the Tract of Land depicted on the "Retracement Plat of Survey" in accordance with the Plat thereof Recorded in Plat Book 57 at Page 52 of the Records of the Johnson County Recorder's Office, and the Point of Beginning; Thence N01 °30'10"W, along the West Line of said Tract of Land, 207.76 feet; Thence Northeasterly, 304.62 feet, along said West Line on a 1095.92 foot radius curve, concave Southeasterly, whose 303.64 foot chord bears N06 °27'37 "E, to the Northwest Corner thereof; Thence S89'27'1 2"E, along the North Line of said Tract of Land, and the North Line of Auditor's Parcel 2013043, in accordance with the Plat thereof Recorded in Plat Book 57 at Page 320, of the Records of the Johnson County Recorder's Office, 388.15 feet, to the Northeast Corner of said Auditor's Parcel 2013043; S00 °33'24 "W, along the East Line of said Auditor's Parcel, 509.73 feet, to the Southeast Corner thereof, and a Point on the South Line of said Southwest Quarter of the Northwest Quarter of Section 18; Thence N89 °26'36 "W, along said South Line, the South Line of said Auditor's Parcel, and the South Line of said Tract of Land, 411.91 feet, to the Point of Beginning. Said Parcel of Land contains 4.83 Acres (210,407) square feet), and is subject to easements and restrictions of record. {01519372.DOC} bj \ Prepared by: Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511 Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 [01:2f'INU1LO1yN11101NLII / I, Michael J. Pugh, a regular practicing attorney in Iowa City, Johnson County, Iowa, do hereby certify that I have examined an Abstract of Title to the following described real estate, to -wit: See Exhibit "A" It is hereby certified that fee simple title to said property, to become known as Eastbrook Flats Addition, is in Summit Ridge, LLC, free and clear of all liens and encumbrances except for a mortgage given to Hills Bank and Trust Company, which document is dated August 5, 2013 and was recorded August 16, 2013 in Book 5146, at Page 645 -658 of the records in the office of the Johnson County Recorder. Dated at Iowa City, Iowa, this day of Seokw1dt P' 2013. Michael J. Pugh Bradley & Riley PC Tower Place One South Gilbert Street Iowa City, IA 52240 (01519425.DOC) �� WN II 311 �-9� � N • A portion of the Southwest Quarter of the Northwest Quarter of Section 18, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, described as follows: Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence S89 °26'36 "E, along the South Line of the Southwest Quarter of the Northwest Quarter of said Section 18, a distance of 50.03 feet, to the Southwest Corner of the Tract of Land depicted on the "Retracement Plat of Survey" in accordance with the Plat thereof Recorded in Plat Book 57 at Page 52 of the Records of the Johnson County Recorder's Office, and the Point of Beginning; Thence N01 °30'10 "W, along the West Line of said Tract of Land, 207.76 feet; Thence Northeasterly, 304.62 feet, along said West Line on a 1095.92 foot radius curve, concave Southeasterly, whose 303.64 foot chord bears N06 °27'37 "E, to the Northwest Corner thereof; Thence S89'27'1 2"E, along the North Line of said Tract of Land, and the North Line of Auditor's Parcel 2013043, in accordance with the Plat thereof Recorded in Plat Book 57 at Page 320, of the Records of the Johnson County Recorder's Office, 388.15 feet, to the Northeast Corner of said Auditor's Parcel 2013043; S00 033'24 "W, along the East Line of said Auditor's Parcel, 509.73 feet, to the Southeast Corner thereof, and a Point on the South Line of said Southwest Quarter of the Northwest Quarter of Section 18; Thence N89 °26'36 "W, along said South Line, the South Line of said Auditor's Parcel, and the South Line of said Tract of Land, 411.91 feet, to the Point of Beginning. Said Parcel of Land contains 4.83 Acres (210,407) square feet), and is subject to easements and restrictions of record. {01519425.DOC} i;\ Prepared by: Michael J. Pugh One South Gilbert Street (319) 466 -1511 Bradley & Riley PC Iowa City, IA 52240 Fax: (319) 358 -5560 CONSENT OF MORTGAGEE TO SUBDIVISION EASTBROOK FLATS ADDITION The undersigned, Hills Bank and Trust Company, is the Mortgagee of a Mortgage from Summit Ridge, LLC, dated the 51h day of August, 2013, and recorded the 16th day of August, 2013, in Book 5146 at Page 645 -658 of the Records of the Recorder of Johnson County, Iowa. Said Mortgage records therein that property to be designated as Eastbrook Flats Addition, 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 Summit Ridge, LLC and do 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 ;W All day of I (Sf 2013 HILLS BANK AND TRUST COMPANY By:_ Tim D. By: Dean J. we Commercial {01 53335 1.130C) 5\ STATE OF IOWA, COUNTY OF JOHNSON ) ss: On this YO . day of August, 2013, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Tim D. Finer and Dean J. Stockman, to me personally known, who being by me duly sworn, did say that they are the Senior Vice President, Director of Lending and Vice President, Commercial Banking of the corporation executing the within and foregoing instrument to which this is attached, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Tim D. Finer and Dean J. Stockman as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. Notary Public in and for said State (01533351.DOC} RENEEHAMED O4�P teF x if Con �rlssion Numt e 72E013 _tsr M �C�%jign� /q�I�� t (01533351.DOC} Exhibit "A" Legal Description Eastbrook Flats Addition A portion of the Southwest Quarter of the Northwest Quarter of Section 18, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, described as follows: Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence S89 °26'36 "E, along the South Line of the Southwest Quarter ofthe Northwest Quarter of said Section 18, a distance of 50.03 feet, to the Southwest Corner of the Tract of Land depicted on the "Retracement Plat of Survey" in accordance with the Plat thereof Recorded in Plat Book 57 at Page 52 of the Records of the Johnson County Recorder's Office, and the Point of Beginning; Thence N01 °30' 10 "W, along the West Line of said Tract of Land, 207.76 feet; Thence Northeasterly, 304.62 feet, along said West Line on a 1095.92 foot radius curve, concave Southeasterly, whose 303.64 foot chord bears N06 127'37 "E, to the Northwest Corner thereof; Thence S89 °27' 12 "E, along the North Line of said Tract of Land, and the North Line of Auditor's Parcel 2013043, in accordance with the Plat thereof Recorded in Plat Book 57 at Page 320, of the Records of the Johnson County Recorder's Office, 388.15 feet, to the Northeast Corner of said Auditor's Parcel 2013046; S00 °33'24 "W, along the East Line of said Auditor's Parcel, 509.73 feet, to the Southeast Corner thereof, and a Point on the South Line of said Southwest Quarter of the Northwest Quarter of Section 18; Thence N89 °26'36 "W, along said South Line, the South Line of said Auditor's Parcel, and the South Line of said Tract of Land, 411.91 feet, to the Point of Beginning. Said Parcel of Land contains 4.83 Acres (210,407) square feet), and is subject to easements and restrictions of record. t01533351.DOC} G` Prepared by: Michael J. Pugh One South Gilbert Street Phone (319) 466 -1511 Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358 -5560 UNDERGROUND UTILITY EASEMENT EASTBROOK FLATS ADDITION In consideration of the approval of the Final Plat of Eastbrook Flats Addition, the undersigned owners hereby grants to MidAmerican Energy Co., Centurylink, Inc. and Mediacom, and their successors, (hereinafter collectively "Grantees ") a perpetual easement upon, over, under, along and across the areas designated on the Final Plat of Eastbrook Flats Addition, as "15.00' Utility Easement" as located within the Subdivision. The Grantees of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purpose of serving the Subdivision and other property with electricity, gas, and communication service; the right to trim, cut down and remove such trees, brush, saplings and bushes as may interfere with the proper construction, maintenance, operation or removal of said facilities, equipment and appurtenances; and the right of ingress and egress for all of the purposes aforesaid. Grantees shall promptly backfill any trench made by them, and repair any damages caused by them within the easement areas. Grantor, its successors in interest and assigns, reserves the right to use said easement areas for purposes which will not interfere with the Grantee's full enjoyment of rights hereby granted; provided that Grantor shall not erect or construct any reservoir, retaining wall or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. No permanent dwellings or trees shall be placed on the areas so designated for {01519401.DOCr 6t -2- utility easement but, with advance written authorization from the Grantee's representatives, the same may be used for gardens, shrubs, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. Grantees' rights, however, include the right to remove and /or clear away any such gardens, shrubs, minor landscaping, bushes and plantings within the easement area without compensation to Grantor or its success in interest. Dated this AI A day of �D�m he v 2013. SUMMIT RIDGE, LLC By: t__ 1 Oes6eee Allen, /Manag�er By: y,�tie,....t Thomad Kaut, Manager STATE OF IOWA, COUNTY OF JOHNSON ) ss: c� This instrument was acknowledged before me on this 0210 day of 2013 by Jesse Allen, Manager of Summit Ridge, LLC. MICHAEL J. PUGH Com mi n Number 175282 M Y �+WAWME Notary Public in an or sai State STATE OF IOWA, COUNTY OF JOHNSON ) ss: This instrument was acknowledged before me on this 26 6 day of — $CQ*m4(1- 2013 by Thomas Kaut, Manager of Summit Ridge, LLC. . .� MM m J. PUGH Comm 175282 A u 2015 (01519401.DOC) J� Notary Public in Ad f r aid State 61 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 • . - FMILI - THIS AGREEMENT, made and entered into by and between Summit Ridge, LLC ( "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 grading and /or excavating for and the installation, replacement, maintenance and use of storm sewer lines, pipes, mains and conduits as the City shall from time to time elect for conveying 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 "15.00' Storm Sewer Easement" as shown on the Final Plat of Eastbrook Flats Addition 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. 9 (01519408.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 Eastbrook Flats Addition. 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 [01519908.000} improvement, all areas within the Easement Areas which are disturbed will be graded to form a uniform slope, and topsoil shall be replaced and respread over disturbed areas, thereby restoring said area substantially to its prior condition. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. SIGNED this )i� /—" day of V km r 2013. SUMMIT RIDGE, LLC By: Lf2 1 e- '� JeiVse Men, Manager By. r- Thomas Kaut, Manager CITY OF IOWA CITY, IOWA A.. V ATTEST: By: xe- Maria . Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON ) ss: This instrument was acknowledged before me on this 776e- day of %n/vvh 2013 by Jesse Allen, Manager of Summit Ridge, LLC. 1 4pP• e MICHAEL J. PUGN / �� Commfe8lan Numla� 975282 MY J�Y2b.! Notary Public in a d fo aid State (01519408. DOC) 3 �\ STATE OF IOWA, COUNTY OF JOHNSON ) ss: This instrument was acknowledged before me on this da"'-- day of 2013 by Thomas Kaut, Manager of Summit Ridge, LLC. STATE OF IOWA, COUNTY OF JOHNSON) ss: On this e day of 'FD ( , 2013 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Leto—, ic�J' CommisslNotary Public in and for said State < NN Co s ___ -���� (01519408. HOC) 4 {,1 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 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS AGREEMENT, made and entered into by and between Summit Ridge, LLC, hereinafter "OWNER," and the City of Iowa City, Iowa, a municipal corporation, hereinafter "CITY." In consideration of their mutual promises herein, OWNER and CITY agree as follows: 1. OWNER states and covenants that it is the owner of Eastbrook Flats Addition, Iowa City, Iowa, according to the recorded plat thereof, and that it has good and lawful right to convey this easement. 2. OWNER does hereby grant and convey to the CITY a temporary construction easement in, over and across that portion of OWNER'S property described as "Temporary Construction Easement" as shown on the Final Plat of Eastbrook Flats Addition, Iowa City, Iowa, (hereafter "Temporary Easement Area ") for the purpose of facilitating CITY's reconstruction of American Legion Road and Scott Boulevard ( "public improvement ") which grant to CITY shall include necessary grading, excavation, piling of dirt, regrading, restoration, storage of materials and equipment, and ingress and egress of persons and equipment to the Temporary Easement Area, as needed to complete said public improvement. 3. The term of this Temporary Construction Easement will be for the period of time required by the CITY to finalize and complete the construction of the public improvement described herein at which time said easement shall automatically expire and terminate. 4. With respect to the Temporary Construction Easement, OWNER grants the following rights: (01552778.DOCI �1 A. CITY shall have the right to make excavations within the Temporary Easement Area, and to grade as CITY may find reasonably necessary for the construction. The CITY covenants and agrees to protect such excavations during construction; to promptly fill said excavations following construction; and to be liable for and hold OWNER harmless from third party liability during said construction. B. CITY shall promptly backfill any trench made by it, and repair any damages caused by the CITY within the Temporary Easement Area. The CITY shall indemnify OWNER against loss or damage which occurs as a result of the CITY's negligent acts or omissions in the exercise of its easement rights herein. Once the Temporary Easement Area has been restored to substantially its prior condition and except as expressly provided in this Temporary Easement Agreement, CITY shall have no further responsibility for maintaining the Temporary Easement Area. C. CITY shall have the right of ingress and egress to and from the Temporary Easement Area by such route within the Temporary Easement Area as shall occasion the least practical damage and inconvenience to OWNER. D. CITY shall have the right to trim or remove all trees and brush which may interfere with the exercise of the CITY's rights pursuant to this Temporary Easement Agreement. 5. CITY covenants and agrees that existing driveways, fences, underground drainage tile or other site features which are removed or disturbed shall, to the extent reasonably possible, be replaced by CITY to conform with features or items removed during construction. CITY further agrees that all grassed areas disturbed by the construction shall be seeded within a reasonable time after construction is complete. 6. CITY covenants and agrees to remove and stockpile existing topsoil from areas to be excavated, to be used in the event of any repair. Following installation of the public improvement, all area within the Temporary Easement Area which is disturbed will be graded to form a uniform slope, and topsoil shall be replaced and respread over disturbed areas, thereby restoring said area substantially to its prior condition. 7. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, shall be deemed a covenant which runs with the land and with the title to the land, and shall be recorded in the Johnson County Recorder's Office, at CITY expense. 101552778.DOCl2 6 1 Dated this L _ 6 day of September, 2013. SUMMIT RIDGE, LLC By: Q✓ 1 v'. 'Jessla Allen, Manager By: /°' Thomas Kaut, Manager CITY OF IOWA CITY, IOWA By: Matthew J. Haye c, Mayor ATTEST: By:/��i�airJ Ma ian K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me on this ac X- day of k , 2013 by Jesse Allen, Manager of Summit Ridge, LLC. This instrument was acknowledged before me on this � day of h®c , 2013 by Thomas Kaut, Manager of Summit Ridge, LLC. MICHAEL J. PUGH $ CommWw Number 975282 My COMMINkm Notary Public in a d fo U aid State MY26, X95 i01552778.DOC13 STATE OF IOWA, COUNTY OF JOHNSON) ss: On this 2,0 day of 00hbe'r , 2013 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. L / l2 ._a ❑vt I<ELLIEK.TUTrLE� Commission issio E PIVO.8 NpCuRm,SS,e( EzQires Notary Public in and for said State I01552778.Docl4 GJ ee Doc ID: 023117120008 Type: GEN Kind: ORDINANCE Recorded: 10/17/2013 at 01:38:47 PM Fee Amt: $42.00 Page 1 of 8 Johnson County Iowa Kim Painter County Recorder STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No.13 -4558 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of October, 2013, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 16th day of October, 2013 Marian K. Karr City Clerk \ord 410 EAST WASHINGTON STREET 9 IOWA CITY, IOWA 52240 -1826 a (319) 356 -5000 9 FAX (319) 356 -5009 Prepared by: Robert Mildo, Senior Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5240 (REZ13- 00020) ORDINANCE NO. 13 -4558 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 2.19 ACRES LOCATED NORTH OF DODGE STREET COURT, EAST OF CONKLIN LANE, AND SOUTH OF DODGE STREET FROM COMMUNITY COMMERCIAL (CC -2) TO LOW DENSITY MULTIFAMILY (RM -12). (REZ13- 00020) WHEREAS, the owner, Southgate Development Company, Inc., has requested a rezoning of property located north of Dodge Street Court, east of Conklin Lane and south of Dodge Street from Community Commercial (CC -2) to Low Density Multifamily (RM -12); and WHEREAS, the Comprehensive Plan - North District Plan indicates that residential uses are appropriate for the property if mixed use development is not possible; and, WHEREAS, the North District Plan indicates that the design of any development on this property should be compatible with the adjacent residential neighborhood; and, WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for neighborhood compatibility and building and site design, pedestrian access, stormwater drainage, and improvements to Dodge Street Court; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the applicant has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of CC -2 to RM -12: LEGAL DESCRIPTION A PORTION OF LOT 3, JACOB RICORD'S SUBDIVISION, LYING IN THE NORTHEAST ONE - QUARTER OF THE SOUTHWEST ONE - QUARTER OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS: AUDITOR'S PARCEL 2005024 COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST ONE - QUARTER OF THE SOUTHWEST ONE - QUARTER OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY; IOWA; THENCE S00 °35'41 "W, 526.30 FEET; THENCE N89 °56'46 "E, 45.47 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND SHOWN ON AN ACQUISITION PLAT RECORDED IN BOOK 3672 AT PAGE 954 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER AND THE POINT OF BEGINNING AT A POINT ON THE SOUTHEASTERLY RIGHT -OF -WAY LINE OF IOWA STATE HIGHWAY NO. 1; THENCE CONTINUING N89 °56'46 "E, 0.86 FEET TO 51� Ordinance No. 13 -4558 Page 2 A 1 INCH PIPE ON SAID SOUTHEASTERLY RIGHT -OF -WAY LINE; THENCE N57 °00'09 "E, ALONG SAID SOUTHEASTERLY RIGHT -OF -WAY LINE, 235.37 FEET; THENCE N57 013'00 "E, ALONG SAID SOUTHEASTERLY RIGHT -OF -WAY LINE, 125.69 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 3 OF JACOB RICORD'S SUBDIVISION, IOWA CITY, JOHNSON COUNTY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK 16 AT PAGE 34 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE N88 °04'36 "E, ALONG SAID NORTHERLY LINE, 72.19 FEET; THENCE S00 °12'49 "W, 334.12 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 3; THENCE S89 °59'21 "W, ALONG SAID SOUTHERLY LINE, 81.66 FEET; THENCE N01 °14'32 "E, 10.00 FEET; THENCE S89 059'21 "W, 324.64 FEET TO A POINT ON THE SOUTHERLY EXTENSION OF THE EASTERLY LINE OF A TRACT OF LAND SHOWN ON AN ACQUISITION PLAT RECORDED IN BOOK 3672 AT PAGE 955 IN SAID RECORDER'S RECORDS; THENCE N00 °42'29 "E, ALONG SAID SOUTHERLY EXTENDED LINE AND ALONG SAID EASTERLY LINE, 106.01 FEET TO A POINT ON SAID SOUTHEASTERLY RIGHT -OF -WAY LINE OF IOWA STATE HIGHWAY NO. 1; THENCE N57 002'22 "E, ALONG SAID SOUTHEASTERLY RIGHT -OF -WAY LINE, 35.72 FEET TO THE POINT OF BEGINNING, CONTAINING 2.19 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 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 15th day of October _,2013. MAYOR fpn' I;1, j ATTEST,,' CIT LERK Approved by- City Attorney's Office 3 CORPORATE SEAL t�,- Ordinance No. 13 -4558 Page 3 It was moved by Champion and seconded by Payne that the Ordinance as read be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: First Consideration 9/17/2013 Voteforpassage: AYES: Dobyns, Dickens. NAYS: None ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton Hayek, Mims, Payne, Throgmorton, Champion, . ABSENT: None. Second Consideration 10101/13 Voteforpassage: AYES: Dickens, Dobyns, Hayek, Mims, Throgmorton, Champion. NAYS: None. ABSENT: Payne. Date published VON Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ13- 00020) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), Kobrin Development Company Inc., f /k/a as Southgate Development Company, Inc. (hereinafter "Owner "). WHEREAS, Owner is the legal title holder of approximately 2.19 acres of property located north of Dodge Street Court, east of Conklin Lane and south of Dodge Street; and WHEREAS, the Owner has requested the rezoning of said property from Community Commercial (CC -2) to Low Density Multifamily (RM -12); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding neighborhood compatibility and building and site design, pedestrian access, stormwater drainage, and improvements to Dodge Street Court, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for compatibility with the surrounding neighborhood; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: Kobrin Development Company Inc. is the legal title holder of the property legally described as: LEGAL DESCRIPTION A PORTION OF LOT 3, JACOB RICORD'S SUBDIVISION, LYING IN THE NORTHEAST ONE - QUARTER OF THE SOUTHWEST ONE - QUARTER OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" P.M., IOWA CITY, JOHNSON COUNTY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS: AUDITOR'S PARCEL 2005024 COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST ONE - QUARTER OF THE SOUTHWEST ONE - QUARTER OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, ppdadnVaggrez1300020 m Moral inning agreemenLtl I /r'1 JOHNSON COUNTY, IOWA; THENCE S00 °35'41 "W, 526.30 FEET; THENCE N89 °56'46 "E, 45.47 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND SHOWN ON AN ACQUISITION PLAT RECORDED IN BOOK 3672 AT PAGE 954 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER AND THE POINT OF BEGINNING AT A POINT ON THE SOUTHEASTERLY RIGHT -OF -WAY LINE OF IOWA STATE HIGHWAY NO. 1; THENCE CONTINUING N89 056'46 "E, 0.86 FEET TO A 1 INCH PIPE ON SAID SOUTHEASTERLY RIGHT -OF -WAY LINE; THENCE N57 °00'09 "E, ALONG SAID SOUTHEASTERLY RIGHT -OF -WAY LINE, 235.37 FEET; THENCE N57 013'00 "E, ALONG SAID SOUTHEASTERLY RIGHT -OF -WAY LINE, 125.69 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 3 OF JACOB RICORD'S SUBDIVISION, IOWA CITY, JOHNSON COUNTY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK 16 AT PAGE 34 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE N88 °04'36 "E, ALONG SAID NORTHERLY LINE, 72.19 FEET; THENCE S00 °12'49 "W, 334.12 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 3; THENCE S89 °59'21 "W, ALONG SAID SOUTHERLY LINE, 81.66 FEET; THENCE N01 014'32 "E, 10.00 FEET; THENCE S89 059'21 "W, 324.64 FEET TO A POINT ON THE SOUTHERLY EXTENSION OF THE EASTERLY LINE OF A TRACT OF LAND SHOWN ON AN ACQUISITION PLAT RECORDED IN BOOK 3672 AT PAGE 955 IN SAID RECORDER'S RECORDS; THENCE N00 042'29 "E, ALONG SAID SOUTHERLY EXTENDED LINE AND ALONG SAID EASTERLY LINE, 106.01 FEET TO A POINT ON SAID SOUTHEASTERLY RIGHT -OF -WAY LINE OF IOWA STATE HIGHWAY NO. 1; THENCE N57 002'22 "E, ALONG SAID SOUTHEASTERLY RIGHT -OF -WAY LINE, 35.72 FEET TO THE POINT OF BEGINNING, CONTAINING 2.19 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the North district plan. Further, the parties acknowledge that Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Multi- family Development, other than townhouse style, shall not occur within 80 feet of Dodge Street Court right -of -way; development within 80 feet of Dodge Street Court right -of -way will be limited to single family, duplex or townhouse style dwelling units; b. Approval of a development plan, including a landscaping plan, building designs, and site plan by the Design Review Committee and the Planning and Zoning Commission, to ensure compatibility with adjacent residential properties and appropriate development appearance for an entranceway to the city, shall be required prior to approval of a building permit; c. If development on this property has vehicular access to Dodge Street Court, the developer shall install improvements needed to bring the street up to City standards to the point of access (driveway location) prior to issuance of a building permit; and d. Owner shall dedicate sufficient land along the entire property frontage to widen the Dodge Street Court right -of -way to 50 feet prior to approval of site plan or building permit. ppdadMayVrez13=0 oond6onal zoning agreemenLdoc L /.1 e. Owner shall install sidewalks along the Conklin Lane and Dodge Street Court frontages, and provide pedestrian connections from the development to the sidewalk on Dodge Street prior to issuance of a certificate of occupancy; f. Development on the subject properties shall be designed to drain on -site storm water away from Dodge Street Court. The City Engineer shall review and approve the drainage plan prior to approval of a site plan or building permit. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2013), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner 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. Dated this 15th day of October , 2013. CITY OF IOWA CITY Kobrin Development Company Inc. A Matthew Hayek, Mayor— Attest: Marian ..Karr, Cit Clerk (163y: J� 4epT. Braverman, Preside ppdatlMagVrez13W020 oxd6onal zoning agreemenWoo .i r 0- 1-D 11 Approved by: City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on (VCTO /D fib_, 2013 by Matthew J. Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. k &4- k 4,- le. Notary Public in and for the State of Iowa (Stamp or Seal) — t�`� s KELLIE K. TUTTLE °� •.. Commission Number 221819 •r My�miss'�n Expires CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on 569'(Cm(3G(t t , 2013 by Joseph T. Braverman as President of Kobrin Development Compan Inc. Notbry-P91 c in and for said Co my and State �9'% (Stamp or Seal) r ppde Waggrezl3 20 mndtwd zoning agreementdo 4 - p c N i .-91 L� 6 P .9 i7e-� Doc ID: 024991030001 Type: GEN Kind: PLANNED HOUSING DEVELOPMENT Recorded: 10/29/2013 at 01:11:32 PM Fee Amt: $22.00 PaAe 1 of 1 Johnson County Iowa Kim Painter County Recorder SK5i75 PG 34 STATE OF IOWA ) ) SS: JOHNSON COUNTY) I hereby certify that the Amended Final Planned Development Plan (OPD) for Lythdm Condominiums, attached hereto, is a true and correct copy of the development plan approved by the City of Iowa City and amended per section 14- 8D- 7D.1.b of the Zoning Code. The City Clerk will file and record this plan and all necessary documents at the Owner's expense. fh Dated at Iowa City, Iowa, this �� day of �C) G 2013. Jeff Dav,dson, Director of Planning and Community Development z�- Mariain-K. Karr, City Clerk PCD S templates final opdh amed form CORPORATE 01-EA1, 1 I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.13 -328, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 12th day of November, 2013, all as the same appears of record in my office. Also attached are the final legal documents for Walden Wood Subdivision, Part 10, Iowa City, Iowa as follows: 1. Subdivider's Agreement 2. Owner's Certificate 3. Certificate of County Auditor 4. Certificate of County Treasurer (� 5. Attorney's Title Opinion l 6. Mortgagee Consent to Subdivision J 7. Storm Sewer & Drainage Easement Agreement 8. Stormwatcr Management Facility Easement Agreement 9. Sanitary Sewer Easement Agreement 10. Fire and Police Access Easement 11. Access and Walkway Easement 12. Underground Utility Easement Agreement -/-"day /L /Od�f1 Dated at Iowa City, Iowa, this y of 61 r 2013. 7 � _2 Marian arr City Clerk t fires subdivision CORPORATE SE11 6J Doc ID: 025180090031 Type. GEN Kind: SUBDIVISION Recorded: 11/19/2013 at Fee Amt: $157.00 Page 02:51:48 PM 1 of 31 'a WAS Johnson county Iowa Kim Painter County Recorder BK5161 P0624 -654 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (3 19) 356 -5000 STATE OF IOWA ) (319) 356 -5009 FAX )SS wivw.icgov.org 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.13 -328, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 12th day of November, 2013, all as the same appears of record in my office. Also attached are the final legal documents for Walden Wood Subdivision, Part 10, Iowa City, Iowa as follows: 1. Subdivider's Agreement 2. Owner's Certificate 3. Certificate of County Auditor 4. Certificate of County Treasurer (� 5. Attorney's Title Opinion l 6. Mortgagee Consent to Subdivision J 7. Storm Sewer & Drainage Easement Agreement 8. Stormwatcr Management Facility Easement Agreement 9. Sanitary Sewer Easement Agreement 10. Fire and Police Access Easement 11. Access and Walkway Easement 12. Underground Utility Easement Agreement -/-"day /L /Od�f1 Dated at Iowa City, Iowa, this y of 61 r 2013. 7 � _2 Marian arr City Clerk t fires subdivision CORPORATE SE11 6J Prepared by: Kent Ralston, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5253 (SUB13- 00017) RESOLUTION NO. 13-328 RESOLUTION APPROVING FINAL PLAT OF WALDEN WOOD PART 10, IOWA CITY, IOWA. WHEREAS, the owner, Walden Wood Lot 79 LLC, filed with the City Clerk the final plat of Walden Wood part 10, 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 79, Part 7, Walden Wood Parts 3 -7, Iowa City, Iowa as recorded in Book 32, Page 39 in the office of the Johnson County, Iowa Recorder. Said parcel contains 187,081 SQ.FT., 4.29 acres subject to easements and restriction of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2013) 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. Resolution No. 13 -328 Page 2 Passed and approved this 12th day of November , 2013. A4 MAYOR Approved by ATTEST: 24,21 � ✓i t� �GGrct n c z , CITY C CERK City Attorney's Office 9l2 It was moved by Champion and seconded by nobyns the Resolution be adopted, and upon roll call there were: AYES: » x x x x x x Pr IlemplaaslFinal Plat - Resolution (2) docdoc NAYS: ABSENT: Dobyns Champion Dickens Hayek Mims Payne Throgmorton JA SUBDIVIDER'S AGREEMENT WALDEN WOOD PART 10 IOWA CITY, IOWA THIS AGREEMENT made by and between Walden Wood Lot 79 LLC, hereinafter called "Owner" or "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 Walden Wood Part 10, Iowa City, Iowa, hereinafter the "Subdivision ", the Owner and the Subdivider agree 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 sanitary sewers, storm sewers and drainageways, and the storm water management facilities 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 Owner and the 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 or approved plans, and the obligation to install said improvements shall remain with the Owner and the Subdivider until completion by the Subdivider, and until acceptance of the improvements by the City, as provided by law. Section 2. Storm Water Management. The Owner shall install and maintain a storm water management facility on this development. The Owner and the Subdivider is responsible to install and maintain storm sewers and drainage swales, which together will transport and convey the peak rate of runoff generated from a 100 year return frequency storm through the development. In consideration of the City approving the subdivision, the Owner and Subdivider agree as a covenant running with the land that, except as provided in this Agreement, the City need not issue a building 7k permit for any lot in the Subdivision until the Storm Water Management Facility ( "Facility ") , including the site work incident thereto, and the associated storm sewers and drainage swales, the easements for which are shown on the Final Plat filed herewith, have been installed by the Owner and Subdivider. Owner and Subdivider agree that the duty to maintain the Facility shall remain on the Owner and Subdivider, the present owner of the Facility, and their successors and assigns in interest, including a not for profit owners association formed in part for that purpose. Said maintenance shall comply with the City's Storm Water Management Ordinance, Title 16, Chapter 3, Article G, as amended. Section 3. Construction of Improvements. All Improvements and the facility described in Sections 1 and 2 of this Agreement shall be constructed and installed by the Owner and 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 and 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 and Facility is in compliance with said plans and specifications. Section 4. Sidewalks. The Owner and the Subdivider have previously installed sidewalks abutting each of the platted lots in said Subdivision adjacent to Walden Road and Mormon Trek Boulevard and those sidewalks have been approved by the City. If damaged during construction, the sidewalks shall be repaired by Owner to the condition required by the Iowa City Code of Ordinances prior to the issuance of an occupancy permit for the dwelling on the Lot. The Owner and Subdivider agree to install an internal sidewalk, crossing the Subdivision between Mormon Trek Boulevard and Walden Road within the area shown on the Final Plat as "Access Easement" and the "Walkway Easement" on Lots 14 and 15 and Outlet C. Said sidewalks shall be four (4) feet in width and constructed in accordance with the plans and specifications approved by the Iowa City City Engineer. The portion of the sidewalk on each numbered lot shall be installed prior to issuance of a certificate of occupancy for structures upon that lot. Any portion of the sidewalk located upon Outlet A shall be installed at the time the internal street is paved. This obligation shall be a lien on each abutting lot until installed and released by the City, and the Release is duly recorded in the Johnson County Recorder's Office. Section 5. Building Permits and Escrow Monies. E'. In the event the Owner and the Subdivider, its assigns or successors in interest should desire a building permit on any lot in the Subdivision before the Improvements and Facility have been installed, the Owner and 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 and Facility 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 Owner and 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 Owner and 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 Owner and the 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 Owner and 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 Owner and the Subdivider, its assigns or successors in interest, to construct and install the Improvements, Facility, and sidewalks as required by this Agreement. Section 7. Use of Escrow Monies. If, after the issuance of an occupancy permit, the Improvements and Facility have not been constructed and installed, the City may use funds deposited in the Improvements Escrow to construct and install such Improvements and Facility. If the cost of the construction and installation of said Improvements and Facility exceeds the amount of 3 5k 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 and Facility, the City shall refund to the Owner and the Subdivider any Improvements and Facility Escrow monies not used by the City for the construction and installation of such improvements. Section 8. Waiver. If the Owner and the Subdivider sell or convey lots in said Subdivision without constructing or installing the Improvements and Facility; or the Owner and the Subdivider fail to install and /or repair sidewalks required in Section 4 hereof, the City shall have the right to install and construct said Improvements, Facility, and /or repair sidewalks. Owner and Subdivider acknowledge and agree that all lots in the Subdivision are specifically benefitted by the Improvements and Facility so that the cost of the installation shall be a lien and charge against all of the lots in the Subdivision. The cost of Improvements and Facility need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. The cost of installing /repairing 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 Facility and install and /or repair sidewalks shall remain a lien against the lots in the Subdivision from the date of this Agreement until properly released, as hereinafter provided. Section 9. Release. The City agrees that when the Improvements and Facility have been installed as required to the satisfaction of the City, the City will, upon request, promptly issue to the Owner and 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 Mayor and City Clerk, with the concurrence of the City Attorney and City Engineer, are 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 10. Street Maintenance and Public Services. Owner and Subdivider agree that there are no public streets created by the Subdivision to be accepted or maintained by the City. Owner and Subdivider further acknowledge that the City shall not n 6a provide solid waste removal service to the Subdivision. Owner and Subdivider, or a homeowner's association organized by them to maintain common areas, shall contract for such services. Section 11, Miscellaneous. A. All electrical, telephone and cable television service and distribution lines shall be installed underground. B. Outlots B and C are being reserved for and shall be used for, the installation of mailbox clusters for US Postal Service mail distribution within the Subdivision, and shall be maintained by a homeowner's association. They shall be owned and maintained by Owner until transfer of ownership to the association. C. Plat notes and surveyor's notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant, or create any third party beneficiaries to any noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any applicable public notice and approval process required by law, to alter or amend any plat note, or to sell or vacate any right -of -way, street, alley, park, easement, open area or other land set apart and dedicated for public use within the plat. The City further reserves the right, upon request of the owner or successor in interest, to vacate the plat and /or relocate any easement, alter lot boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law. D. 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 $1,694.55 ($395.00 per acre multiplied by 4.29 acres) to the City pursuant to the City Code. E. The Subdivision shall have no vehicular access to Mormon Trek Boulevard. All vehicular access shall be by private drive from Walden Road. F. Subdivider also agrees to pay the City $7,173.00 in lieu of dedicating 12,499 square feet acres for neighborhood open space pursuant to the provisions of Section 14 -5K -6 of the Iowa City Code of Ordinances, which fee shall be paid prior to the issuance of building permits for lots within the Subdivision. This fee shall be deposited and administrated according to Section 14 -5K -6 of the Iowa City Code of Ordinances. G. The homeowner's association shall be responsible for maintaining the private street and providing solid waste removal service, snow removal, street sweeping, and for financing these services. Such costs shall be shared by all owners of property located 5 0 within the subdivision, or designated portion thereof, through the homeowner's association. If said services are not provided as required therein, the City shall have the right to perform said services, and the cost thereof shall be a lien and charge against all of the owners of lots so designated in the subdivision. Section 12. Binding Effect. This agreement shall inu e to the benefit and bind the successors and assigns of the respective parties hereto and shall be construed as a covenant running with the title to the lots within the Subdivision. Dated as of this 1241 day of November, 2013. OWNER: Walden Wood Lot 79 LLC by: So hgat Development Services, L.L.C., Man a r By: Terr Sil , Manager CITY: �, By: Matt Hayek, Mayor Approved by: City Attorney STATE OF IOWA ATTEST: // &t&, � /� 26 02 Mariam K. Karr, City Clerk )ss: JOHNSON COUNTY ) This instrument acknowledged before me this A_ day of November, 2013, bey Terry Sill, Manager of Southgate Development Services, L.L.C., MaOW Q %Valden Wood Lot 7 LLC. L of �' NJt ry ublic in and for the State of Iowa 6 64 STATE OF IOWA )ss: JOHNSON COUNTY ) This instrument acknowledged before me this day of November, 2013, by Matt Hayek and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. kl�c 1 6,-e- /</- / Notary Public in and for the State of Iowa nt�$ra CELL11n (mU11LE I �}G Commission Nu T6 2218191 .f r Idy COssl n Expires 7 C�� OWNER'S CERTIFICATE Walden Wood Lot 79 LLC requests approval of the subdivision known as Walden Wood Part 10, said subdivision shown on the final plat thereof with which this document is recorded, which is a re- subdivision of: Lot 79 Walden Wood part 7, according to the plat thereof recorded in Book 32, page 39, Plat Records of Johnson County, Iowa The undersigned further states that subdivision is made with the free consent and in accordance with the desire of the undersigned, owner of the land included within the subdivision. There are no public streets within the Subdivision to dedicate to the public. Dated as of this " day of 2013. Walden Wood Lot 79 LLC by: Southgate De}�elopment Services, L.L.C., Manaaer/J �� Terry Sil,, Manager STATE OF IOWA, COUNTY OF JOHNSON, SS: This instrument was acknowledged before me on this IIs day of_}) 5&'k 2013 by Terry Sill, Manager of Southgate Development Services, L.L.C., Manager of Walden Wood Lot 79 LLC. ,',aHHUntprh FQSs No �yo B24, `S otary Public in and for said State '.c EW m HH� CERTIFICATE OF COUNTY AUDITOR APPROVAL OF SUBDIVISION NAME I, Travis Weipert, Johnson County Auditor, approve the name Walden Wood Part 10 for the re- subdivision of the property described as: Lot 79 Walden Wood part 7, according to the plat thereof recorded in Book 32, page 39, Plat Records of Johnson County, Iowa Dated as of this day of November, 2013. Travis Weipert County Auditor Deputy Walden Wood part 10 CERTIFICATE OF COUNTY TREASURER I, Thomas L. Kriz, Johnson County Treasurer, certify that all real estate taxes and special assessments have been paid in full with respect to the property described as: Lot 79 Walden Wood part 7, according to the plat thereof recorded in Book 32, page 39, Plat Records of Johnson County, Iowa as of the date of this certificate. A Dated as of this 5 day of November, 2013. kA Thomas L. Kriz, 7331") County Treasurer by: Deputy ATTORNEY'S TITLE OPINION RE: Walden Wood part 10 Subdivision located in Iowa City, Johnson County, Iowa, and legally described as follows: Lot 79, Walden Wood Part 7, according to the plat thereof recorded in Book 32, Page 39, Plat Records of Johnson County, Iowa. 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 November 1, 2013, at 8:00 a.m. and as of that date the abstract shows that fee title to the above - described property is in Walden Wood Lot 79 LLC. The property is encumbered by a mortgage to The Janie Breggin Braverman Revocable Trust U /D /O September 2, 2005, recorded the 30t"day of December, 2011 in Book 4854, page 284 in the records of the Johnson County Recorder. I further certify that except as above stated the property is free from encumbrance. Dated as of this 7th day of November, 2013. V 'L:JQ__ C. Jo Holland 0 MORTGAGEE CONSENT TO SUBDIVISION The undersigned, as Trustee of The Janie Breggin Braverman Revocable Trust U /D /O September 2, 2005, states that the Trust holds a mortgage in favor of the Trust recorded the 30 ' day of December, 2011 in Book 4854, page 284 in the records of the Johnson County Recorder. The property included within Walden Wood Part 10 is described as: Lot 79, Walden Wood Part 7, according to the plat thereof recorded in Book 32, Page 39, Plat Records of Johnson County, Iowa. The undersigned, as Trustee of The Janie Breggin Braverman Revocable Trust U /D /O September 2, 2005 consents to the subdivision of the above - described property into Walden Wood Part 10 and hereby releases any and all liens against those portions of the property dedicated to the public. WE, Dated as of this E, day of November, 2013. The Janie Breggin Braverman Revocable Trust U /D /O September 2, 2005 By: (Janis g 7Tn'_BravansJTrustee OF IOWA ss: JOHNSON COUNTY This instrument acknowledged before me this It day of November, 2013 by Janie Breggin Braverman, Trustee of The Janie Breggin Braverman Revocable Trust U /D /O September 2, 2005. ,,,,,`,���JN"'t�R a „S, / ",,,' �ry Public in and for said State Q. 0.*•�� ° ®�O{nN° �.,�9 Qy�sd —saAp 6q STORM SEWER AND DRAINAGE EASEMENT AGREEMENT Walden Wood Part 10 THIS AGREEMENT, made and entered into by and between Walden Wood Lot 79 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 area designated as "Storm Sevier & Drainage Easement" or "Drainage Easement" as shown on the Final Plat of Walden Wood Part 10 and referred to herein as "easement area." Owner further grants to the City: 1. The right of grading said easement area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, to cut down and clear 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 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 area, or diminish or substantially add to the ground 6A cover over said easement areas. However, the Grantor shall have the right to construct, repair, and maintain a retaining wall to support the private drive within the Subdivision in accordance with construction plans approved by the City. If the City removes or damages the retaining wall or paving in exercise of rights under this or other easements granted to the City the City shall restore or repair the retaining wall or paving to substantially the same condition in which it existed prior to the work. 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 as of this w1 day of November, 2013. OWNER: Walden Wood Lot 79 LLC by: Sout gate Development Services, L.L.C., Mana r By: Ter$y Sill, Manager CITY: By: Matt Hayek, Mayor Approved by: ATTEST: J) /!'! lr✓Ly�i'r� Xf �� Marl n K. Karr, City Clerk City Attorney STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this U day of November, 2013, by Terry Sill, Manager of Southgate Development Services, L.L.C., Manager of Walden Wood Lot 79 LLC. n No. e� N s <� Z021�11 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Notary Public in and for the State of Iowa This instrument acknowledged before me this M-- 'day of November, 2013, by Matt Hayek and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. Commission Number 221819 Notary Public in and for the State of tt h9y Com /giissippp�n,,Exxpins Iowa 6q STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT Walden Wood Part 10 This Agreement, made and entered into by and between Walden Wood Lot 79 LLC, "Owner ", which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa "City ", a municipal corporation. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of grading for a stormwater detention basin and excavating for and the re- 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 therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas designated as "Storm Water Management Facility Easement" as shown on Outlet A on the Final Plat of Walden Wood Part 10 and referred to herein as the "easement area." Owner 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 in connection with the installation, maintenance or reconstruction of easement improvements. 2. The right from time to time to trim, to cut down and clear away any and all trees and brush on said easement area which now or hereafter in the opinion of the City may be a hazard to said easement area or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill and compact 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 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 Owner shall not erect or construct any building, fence, retaining wall or other structure, drill or operate any well, plant 6k any trees or diminish or 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. 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 improvements at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. The Parties agree that the obligation to install and maintain the improvements herein shall be in accordance with City specifications, and the obligation shall remain on Owner, but may be transferred to a not for profit owners association following installation of the facility and acceptance by the City. Maintenance shall include maintaining the groundcover over the drainage and basin area and keeping the area free of debris or other obstructions to the flow of water into and out of the easement area. The City shall have no obligation for easement maintenance. If the Owner fails to maintain the storm water management facility in accordance with City ordinances and design standards, the City shall have the right to perform said maintenance. Owner and Subdivider acknowledge and agree that all lots in the Subdivision are specifically benefitted by said facilities so that the cost of said maintenance shall be a lien and charge against all of the lots in the Subdivision. The cost of said maintenance need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this i) +`, day of November, 2013. OWNER: Walden Wood Lot 79 LLC by: S hgate evelopment Services, L.L.C., Man r By: Ter Yy Sill, Manager CITY* AT ST: J� X4/1 em,.2 K / 5� By: Matt Hayek, Mayor Approved by: City Attorney STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Marian K. Karr, City Clerk Th i�,,,tO5 "pment acknowledged before me this U_ day of Novemb Terry Sill, Manager of Southgate Development ServoAF anager of Walden Wood Lot 79 LLC. �! eN 13 f low, mN =. v. Notary Public in and for the State of Iowa e`QFan. ®' gRlgL ist oe STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument acknowledged before me this /'�) day of November, 2013, by Matt Hayek and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. Notary Public in and for the State of Iowa KEIsicn N',t TRE� Commission Number 221819 I� Pny C�oy(n /yril-s'si9�n Expires (51A SANITARY SEWER EASEMENT AGREEMENT Walden Wood Part 10 THIS AGREEMENT, made and entered into by and between Walden Wood Lot 79 LLC (Owner), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. 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 designated as "Sanitary Sewer and Utility Easement" or "Sanitary Sewer Easement" on the Final Plat of Walden Wood Part 10, 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. 3. The right to enter onto land beyond the Easement Area to conduct emergency repairs that may extend beyond the Easement Area without obtaining a separate temporary easement. The City's right to do such work shall be effective only upon City's prior notice to owners and with minimal disruption of the area. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement 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 1 4 hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Fences and /or trees placed in the Easement Area, with or without City approval, may be removed by the city without compensation or replacement. However, the Grantor shall have the right to construct, repair, and maintain a retaining wall to support the private drive within the Subdivision in accordance with construction plans approved by the City. If the City removes or damages the retaining wall or paving in exercise of rights under this or other easements granted to the City the City shall restore or repair the retaining wall or paving to substantially the same condition in which it existed prior to the work. 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 successors and assigns of the covenants shall apply to and run the land. inure to the benefit of and bind the respective Parties hereto, and all with the land and with the title to Dated as of this 0l" day of November, 2013. OWNER: Walden Wood Lot 79 LI.0 by: Sou ate D velopment Services, L.L.C., Mana By: Terr Sill, Manager CITY: By: Matt Hayelc, Mayor ATTEST:_) Marian --X. Karr, City Clerk 5'� Approved by: City Attorney STATE OF IOWA )ss: JOHNSON COUNTY ) This instrument acknowledged before me this �_ day of November, 2013, by Te�,vj6ja54l1, Manager of Southgate Development Services, L.L.C., Manager p�Yj4d��'N od Lot 79 LLC. o ..No. j P�i� �� ti ° v ry ° l W ° No y Public in and for the State of Iowa STATE OF )ss: JOHNSON COUNTY ) This instrument acknowledged before me this �� day of November, 2013, by Matt Hayek and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. �L�LIi l-/ 1 V44e, Notary Public in and for the State of Iowa $an r n I(EM K. TUTTLE� ComrnisNumber 2, 1II19 _ Ply Cissi �pires !. !uC<<.. $ _ (A FIRE AND POLICE ACCESS EASEMENT Walden Wood Part 10 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 40 foot areas designated as "Access Easement" on the final plat for Walden Wood Part 10, Iowa City, Iowa. This easement grants to the lot owners and their invitees a means of ingress, egress, and passage over the easement areas for vehicular and pedestrian access to the lots and to the dwelling units to be constructed within the 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. 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. Neither Grantor nor any benefitted party shall erect or construct any structure, building, fence, or other obstruction in the easement area, and shall not park motor vehicles in or otherwise obstruct the functioning of the easement. 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. Page I of 2 6� 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. Dated as of this 11 day of November, 2013. Walden Wood Lot 79 LLC by: South to Topment Services, L.L.C., Manage BY: Terry Sill Manager STATE OF IOWA, COUNTY OF JOHNSON, SS: This instrument was acknowledged before me on this t_l day of November, 2013 by Terry Sill, Mnage.° of Southgate Development Services, L.L.C., Manager of Waldea n W Ei Lot 79 LLC. y tublic in and for said State No O�9N 7 0 21111 ��. `'0 IAL "uuu,N Page 2 of 2 ACCESS AND WALKWAY EASEMENTS Walden Wood Part 10 IOWA CITY, IOWA For the sum of One Dollar and other valuable consideration, the undersigned Owner hereby grants to the owners of all lots in the subdivision, and to the public, perpetual easements upon, over, along, and across the areas designated as "Access Easement" or "Walkway Easement" on the final plat for Walden Wood Part 10, Iowa City, Iowa. This easement grants to the lot owners, their invitees, and the public a means of vehicular and pedestrian ingress, egress, and passage over the easement areas designated as "Access Easement" for access to the lots and to the dwelling units to be constructed within the Subdivision. The City shall have no responsibility for maintaining this easement area. This easement grants to the lot owners, their invitees, and the public a pedestrian ingress, egress, and passage over the easement areas designated as "Walkway Easement" within the Subdivision. The Owner shall install, repair, and maintain the sidewalk over the portion of the "Walkway Easement" designated "15' Walkway Easement" lying on parts of Lots 14 and 15 and Outlot C. The Owner shall have no obligation to install, repair, or maintain any other sidewalks or trail or surface passable by pedestrians over other portions of the "Walkway Easement" including, but not limited to, that portion lying at the west edge of the Subdivision. If the City desires to install sidewalks or trails within this easement area, it shall be the sole cost of the City to install, repair, and maintain them. The City shall indemnify and hold Owner harmless from use by the City and public of this easement area. Neither Grantor nor any benefitted party shall erect or construct any structure, building, fence, reservoir, retaining wall, or other obstruction in the easement area, and shall not park motor vehicles in a manner which obstructs the functioning of the easement or otherwise obstruct the functioning of the easement. However, the owner shall have the right to construct, repair, and maintain a retaining wall to support the private drive within the Subdivision in accordance with construction plans approved by the City. If the City removes or damages the retaining wall or paving in exercise of rights under this or other easements granted to the City the City shall *restore or repair the retaining wall or paving to substantially the same condition in which it existed prior to the work. Page I of 3 6� 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. Dated as of this /- Aday of November, 2013. OWNER: Walden Wo l Lo 79 LLC by: Sou gate evelopment Services, L.L.C., Manage By: Terry 4ill, Manager CITY: By: Matt Haye k, Mayor Approved by: ty Attorney STATE OF IOWA ) )ss: JOHNSON COUNTY ) / cMarian K. Karr, City Clerk t acknowledged before me this (, day of Terry Sill, Manager of Southgate Development ?stager of Walden Wo d Lot 79 LLC. STATE OF IOWA ) )ss: JOHNSON COUNTY ) Not"a- Public in and for the State of Iowa This instrument acknowledged before me this � day of November, 2013, by Matt Hayek and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowaa City, I /oJwa./ //_ vpe.�ts KEL "N TUnb� o Comycora11Number p2'8vq ? � My Cor�'sso Exp res Page 2 Of 3 0 Notary Public in and for the State of Iowa Page 3 of 3 G4 UTILITY EASEMENT AGREEMENT Walden Wood Part 10 In consideration of the approval of the Final Plat of Walden Wood Part 10, the undersigned hereby grants to MidAmerican Energy, Centurylink 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 Walden Wood Part 10 as "Sanitary Sewer & Utility Easement" or as "Gas, Electric, Telephone, and Cablevision Utility Easement ". The Grantees of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purposes of serving the Subdivision and other property with electricity, gas, and communication service; the right to trim, cut down and remove such trees, brush, saplings and bushes 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 area. Grantees shall indemnify Grantor against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Grantor, its successors in interest and assigns, reserve the right to use said easement areas for purposes which will not interfere with the Grantee's full enjoyment of rights hereby granted; provided that Grantor shall not erect or construct any reservoir, fence, retaining wall or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. No permanent dwellings or trees shall be placed on the areas so designated for Utility Easements, but with advance written authorization from the Grantee's Representatives the same may be used for gardens, shrubs, plantings, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted, but such items placed in the Easement Area, with or without City approval, may be removed by the Grantees without compensation or replacement. However, the Grantor shall have the right to construct, repair, and maintain a retaining wall to support the private drive within the Subdivision in accordance with construction plans approved by the City. If the City removes or damages the retaining wall or paving in exercise of rights under this or other easements granted to the City the City shall restore or repair the retaining wall or paving to substantially the same condition in which it existed prior to the work. 5� J Dated as of this Le-A day of November, 2013. GRANTOR: Walden Wood Lot 79 LLC by: Southgate Development Services, L.L.C., Manage By: Ter y Sill, Manager CITY: By: Matt Hayek, D'a car Approved by: City Attorney STATE OF IOWA ) )ss: JOHNSON COUNTY ) ATTEST: Marian K. Karr, City Clerk Thio,,ollifil"Ygnent acknowledged before me this �_ day of November, 2013, ep �er...c -z,, Manager of Southgate Development Services, L.L.C., Mana aasO ° od Associates IT ' S d' Iowa - G N in and for the State of Iowa STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this l°z�� day of November, 2013, by Matt Hayek and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. CKELIIE I<.TUTTLE ommission Number 227819 M1dycom ussl Expires Notary Public in and for the State of Iowa 51' Illlllilillllllllllllllflililllllllllllllllllllillllllllllllllilllllllllllllllll Doc ID: 025196570006 Type: GEN Kind: ORDINANCE Recorded: 12/06/2013 at 02:45:36 PM Fee Amt: $42.00 Pape ! of 8 Johnson County Iowa Kim Painter County Recorder BK166 PG664 -671 Foy 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. 13-4562 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of December, 2013, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 5th day of December, 2013 Marian Karr City Clerk \ord 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 e FAX (319) 356 -5009 Prepared by: Robert Miklo, Senior Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356- 5240(REZ13 -00019 ORDINANCE NO. 13 -4562 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.31 ACRES LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF MELROSE AVENUE AND WESTWINDS DRIVE FROM LOW DENSITY MULTI - FAMILY (RM -12) TO PLANNED DEVELOPMENT OVERLAY /LOW DENSITY MULTI - FAMILY (OPD- RM12). (REZ13- 00019) WHEREAS, the owner, Willowwind Properties, LLC, has requested a rezoning of property located at Willow Wind Place and Westwinds Drive from Low Density Multi - Family (RM -12) to Planned Development Overlay /Low Density Multi - Family (OPD- RM12); and WHEREAS, the owner proposes to develop Westwinds Second Addition, a 2 -lot residential subdivision including an existing duplex and a seven unit multi - family building; and, WHEREAS, the Southwest District Plan indicates that low - density multi - family residential uses are appropriate for the property; 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 restoration of the stormwater detention facility, driveway and parking easements, pedestrian access, and design review of the building; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner agrees 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 RM -12 to OPD /RM12: A portion of Lot 3, Westwinds Subdivision, Iowa City, Iowa, according to the recorded plat thereof, more particularly described as follows: Commencing at the Southeast Corner of the Southwest Quarter of the Northwest Quarter of Section 17, Township 79 North, Range 6 West of the 5th P.M.; thence N00 013'31 "W, 1875.00 feet on the centerline of Mormon Trek Boulevard; thence West 524.10 feet to the Southeast Corner of the Westwinds; thence West 796.65 feet; thence N00 016'31 "W, 529.34 feet to the Point of beginning; thence N00 016'31 "W, 186.02 feet; thence N89 010'16 "E, 139.00 feet; thence Soo -50'44 "E, 139.50 feet; thence N89 °09'16 "E, 19.00 feet; thence S00 °50'44 "E, 48.87 feet; thence West 159.87 feet to the Point of Beginning. Also including: Commencing at the Southeast corner of the Southwest Quarter of the Northwest Quarter of Section 17, Township 79 North, Range 6 West of the 5th P.M.; thence N00 013'31 "W 1875.00 feet on the Centerline of Mormon Trek Boulevard; thence West 524.10 feet to the Southeast corner of the Westwinds; thence west 796.65 feet; thence N00 016'13 "W, 715.36 feet to the southerly right - of -way line of Melrose Avenue; thence N89 009'16 "E, 139.00 feet to the Point of Beginning; thence N89 009'16 "E, 134.79 feet; thence Southeasterly 31.58 feet along a 20.00 foot radius curve, concave Southwesterly, whose 28.40 foot chord bears S45 036'49 "E; thence S00 °22'55 "E, 57.45 feet along the Westerly right -of -way line of Westwinds Drive; thence Southeasterly 51.17 feet qlh Ordinance No. 11-456 Page 2 along a 775.00 foot radius curve concave Northeasterly whose 51.16 foot chord bears S02 °16'24 "E; thence SO4 °09'53 "E, 70.86 feet; thence S89 °09'16 "W, 140.70 feet; thence N00 °50'44 "W, 60.00 feet; thence S89 "09'16 "W, 19.00 feet; thence N00 050'44 "W, 139.50 feet to the Point of Beginning. SECTION ll. 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 3rd day of December , 2013. MAYOR ATTEST. Aa i,d ?/Ijt/ CITY CLERK App oved by ' City Attorney's Office -2Ap /I "S Ordinance No. 13 -4562 Page 3 It was moved by Dobyns and seconded by Payne that the Ordinance as read be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 10115113 Voteforpassage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Champion. NAYS: None. ABSENT: None. Second Consideration 11/12/13 Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens, NAYS: None. ABSENT: None. Date published i (�h Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ13- 00019) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), Willowwind Properties, LLC (hereinafter "Owner "). WHEREAS, Owner is the legal title holder of approximately 1.31 acres of property located at Willow Wind Place and Westwinds Drive; and WHEREAS, the Owner has requested the rezoning of said property from Low Density Multi- family (RM -12) to Planned Development Overlay /Low Density Multi- family (OPD- RM12); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding restoration and maintenance of the existing storm water detention facility and vehicular and pedestrian access to the property, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for access to the property and storm water maintenance; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Willowwind Properties, LLC is the legal title holder of the property legally described as: A portion of Lot 3, Westwinds Subdivision, Iowa City, Iowa, according to the recorded plat thereof, more particularly described as follows: Commencing at the Southeast Corner of the Southwest Quarter of the Northwest Quarter of Section 17, Township 79 North, Range 6 West of the 5th P.M.; thence N00 013'31 "W, 1875.00 feet on the centerline of Mormon Trek Boulevard; thence West 524.10 feet to the Southeast Corner of the Westwinds; thence West 796.65 feet; thence N00 °16'31 "W, 529.34 feet to the Point of beginning; thence N00 °16'31 "W, 186.02 feet; thence N89 °10'16 "E, 139.00 feet; thence S00 °50'44 "E, 139.50 feet; thence N89 °09'16 "E, 19.00 feet; thence S00 050'44 "E, 48.87 feet; thence West 159.87 feet to the Point of Beginning. Also including: Commencing at the Southeast corner of the Southwest Quarter of the Northwest Quarter of Section 17, Township 79 North, Range 6 West of the 5th P.M.; thence N00 °1 3'31 "W 1875.00 feet on the Centerline of Mormon Trek Boulevard; thence West 524.10 feet to the Southeast corner of the Westwinds; thence west 796.65 feet; thence N00 016'13 "W, 715.36 feet to the southerly right- ppdadMagVrez1300019 conditional zoning agreement doc 1 �� of -way line of Melrose Avenue; thence N89 °09'16 "E, 139.00 feet to the Point of Beginning; thence N89 °09'16 "E, 134.79 feet; thence Southeasterly 31.58 feet along a 20.00 foot radius curve, concave Southwesterly, whose 28.40 foot chord bears S45 036'49 "E; thence S00 °22'55 "E, 57.45 feet along the Westerly right -of -way line of Westwinds Drive; thence Southeasterly 51.17 feet along a 775.00 foot radius curve concave Northeasterly whose 51.16 foot chord bears S02 °16'24 "E; thence SO4 009'53 "E, 70.86 feet; thence S89 °09'16 "W, 140.70 feet; thence N00 050'44 "W, 60.00 feet; thence S89 "09'16 "W, 19.00 feet; thence N00 °50'44 "W, 139.50 feet to the Point of Beginning. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. A plan for maintenance of the stormwater detention facility to be submitted and approved by the City Engineer with the final plat. b. Restoration of the existing stormwater detention facility, including removal of brush, silt and debris as required by and to the satisfaction of the City Engineer prior to the issuance of any building permit for any work on the subject land c. An easement agreement for the shared use of the private driveway that provides vehicular access to the subject properties from Westwinds Drive shall be entered into prior to or concurrent with the final platting of any portion of the subject land. d. An easement agreement to allow Lot 3 of Westwinds to use the existing parking spaces on the proposed Lot 1 and 2 of the Westwinds Second shall be entered into prior to or concurrent with the final platting of any portion of the subject land. e. Review and approval of the building design by the Design Review Committee at the time of site plan review. f. Provision of a pedestrian access along Willowwind Place to Westwinds Drive at time of site plan review and installed prior to the issuance of a certificate of occupancy for any dwelling unit on the subject property. g. Provision of an accessible pedestrian route from the any building to Melrose Avenue to be shown on the site plan and installed prior to the issuance of a certificate of occupancy for any dwelling unit on the subject property. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all development 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. [7 ppdadmlagVrez 1 MGM conditional zoning agreement.doc 2 The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. The parties agree that 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 /% rh day of 06-16 her , 2013. CITY OF IOWA CITY OWNER Matthew Hayek, Mayor By: it/,,I (o c-1.-v " cc pl-o pate fiY f G G c Attest: CORPORATE SEAL Maria -K. Karr, City Clerk Approved by: ).(CD `'City Attorney's Office 44,9 I'3 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 0 This instrument was acknowledged before me on UeCei)c ber -3rct , 2013 by Matthew Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Nts {(ELLIEK.TUTTLE 3. o Commission Number 221819 My co mis on Expires i !•31041' L4— �.—( —� ppdadmlagVrez13 00019 cond tional zoning agreement .doc Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) tih 10/11/2013 11:37 6126261496 PAGE 01/04 LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ) SS: JOHNSON COUNTY 1 On this I f'4"day of a'fO her A.D. 20 111 , before me, the undersigned, a Notary Public in and for the State of aZ- personally appeared po-a / S' ®YTn , to me personally known, who being by me duly sworn, did say that the person is . �_ i�a--cMl' / (lowwn d P,wPs,irsr (title) of and that said instrument was signed on behalf of the said mited liability company by authority of its managers and the said slid �_• acknowledged the execution of said instrument to be the voluntary SO and deed of said limited liability company by it voluntarily executed. 19 7 Notary Public in and for the State -tom yhM/w'%6za1 My commission expires: /° 3/—/5� BONITAH. FALKINGHAM NOTARY PUBLIC MINNESOTA My CVmmiaolan ex a Jmt, 81, 2016 P06zdMapV..$3.00018 mdlftml zon'ng nPr ^nR ^ ^I d ^C Doc ID: 025201440005 Type: GEN Kind: ANNEXATION Recorded: 12/10/2013 at 02:33:10 PM Fee Amt: $27.00 Pape 1 of 5 Johnson County Iowa Kim Painter County Recorder r • W• •�i 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.13 -334 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3`d day of December, 2013, al! is the same appears of record in my office. Dated at Iowa City, Iowa, this 9d' day of December, 2013. Marian K. rr City Clerk \ies CORPORATE SEAL 410 EAST WASHINGTON STREET e IOWA CITY, IOWA 52240 -1826 a (319) 356 -5000 o FAX (319) 356 -5009 iJiP Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 319- 356 -5230_ (ANN13- 00002) RESOLUTION NO. 13 -334 A RESOLUTION FOR A VOLUNTARY ANNEXATION OF APPROXIMATELY 44.85 ACRES OF PROPERTY LOCATED ON SYCAMORE STREET SOUTH OF THE CURRENT CITY LIMITS (ANN13- 00002). WHEREAS, Prospect Farms is the owner and legal titleholder of approximately 44.85 acres of land located on Sycamore Street south of the current city limits; and WHEREAS, the Iowa City Community School District, the applicant, with the consent of the owner, has requested annexation of the approximate 44.85 -acre tract into the City of Iowa City, Iowa; and WHEREAS, the aforementioned property is located within the Long -Range Planning Boundary of the City of Iowa City; and WHEREAS, control of the area proposed for annexation is in the City's best interest because it will allow development in a manner consistent with the Comprehensive Plan; and WHEREAS, pursuant to Iowa Code 368.5 and 368.7 (2013), notice of the application for annexation was sent to the Johnson County Board of Supervisors, Johnson County Departments of Attorney, Auditor, Engineer, Planning and Zoning, each effected public utility, East Lucas Township, the Metropolitan Planning Organization of Johnson County, and the East Central Iowa Council of Governments; and WHEREAS, none of these entities have objected to the proposed annexation; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval. 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: A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER ALL OF SECTION 26, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: Beginning at the North Quarter Corner of Section 26, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S01 °02'07 "E, along the East Line of the Northwest Quarter of said Section 26, a distance of 2400.46 feet; Thence S88 °24'05 "W, 1056.21 feet; Thence N33 °56'01 "W, 287.10 feet; Thence N71 °52'45 "E, 233.05 feet; Thence N00 °59'50 "W, 407.99 feet; Thence N89 °00'10 "E, 274.88 feet; Thence N01 °02'07 "W, 1686.17 feet, to a Point on the North Line of said Northwest Quarter; Thence N88 022'36 "E, along said North Line, 714.21 feet, to the Point of Beginning. Said Annexation Parcel contains 44.85 Acres (1,953,534 square feet), and is subject to easements and restrictions of Record. 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 (2013) at Owner's expense. h(0 Resolution No. 13-334 Page 2 3. Further, the City Clerk is hereby authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer, said population being zero. Passed and approved this 3rd day of December , 2013. MAYOR A pr�d"by_. ATTEST:3nLJ Yi/ t CITY `CLERK City Attorn Y's t4fice b Resolution No. 13 -334 Page 3 It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: x 'x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton Vee IIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 025201450005 Type: GEN Kind: ANNEXATION Recorded: 12/10/2013 at 02:34:08 PM Fee Amt: $27.00 Page i of 5 Johnson County Iowa Kim Painter County Recorder STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 13-335 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3`d day of December, 2013, all as the salve appears of record in my office. Dated at Iowa City, Iowa, this 9 °i day of December, 2013. Marian K. Karr City Clerk Ves CORPORATE SEAL 410 EAST WASHINGTON STREET e IOWA CITY, IOWA 52240 -1826 6 (319) 356 -5000 a FAX (319) 356 -5009 ✓I 12 -03.13 5C Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 319- 356 -5230 (ANN13- 00003) RESOLUTION NO. 13 -335 A RESOLUTION FOR A VOLUNTARY ANNEXATION OF APPROXIMATELY 15.14 ACRES OF PROPERTY LOCATED ON AMERICAN LEGION ROAD AND BARRINGTON ROAD (ANN13- 00003). WHEREAS, Steve and Julie Lacina are the owners and legal titleholders of approximately 15.14 acres of land located on American Legion Road and Barrington Road; and WHEREAS, the Iowa City Community School District, the applicant, with the consent of the owners, has requested annexation of the approximate 15.14 -acre tract into the City of Iowa City, Iowa; and WHEREAS, the aforementioned property is located within the Long -Range Planning Boundary of the City of Iowa City; and WHEREAS, control of the area proposed for annexation is in the City's best interest because it will allow development in a manner consistent with the Comprehensive Plan; and WHEREAS, pursuant to Iowa Code 368.5 and 368.7 (2013), notice of the application for annexation was sent to the Johnson County Board of Supervisors, Johnson County Departments of Attorney, Auditor, Engineer, Planning and Zoning, each effected public utility, Scott Township, the Metropolitan Planning Organization of Johnson County, and the East Central Iowa Council of Governments; and WHEREAS, none of these entities have objected to the proposed annexation; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval. 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: A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, AND A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER ALL OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: Commencing at the Southeast Corner of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence N89 °49'55 "W, along the South Line of the East One -Half of the Southeast Quarter of said Section 18, a distance of 1317.87 feet, to the Southwest Corner of said East One -Half; Thence N00 °31'57 "E, along the West Line of said East One -Half, 700.14 feet, to the Point of Beginning; Thence continuing N00 031'57 "E, along said West Line, 556.81 feet, to a Point on the South Line of Lot 1 of Lacina Farmstead, in accordance with the Plat thereof Recorded in Plat Book 33 at Page 146 of the Records of the Johnson County Recorder's Office; Thence S89 °25'05 "E, along said South Line 0.76 feet, to the Southeast Corner of said Lot 1; Thence N00 033'48 "E, along said the East Line of said Lot 1, a distance of 590.74 feet, to the Northeast Corner thereof, and a Point on the Centerline of American Legion Road SE; Thence S66 °43'53 "E, along said Centerline, 602.89 feet; Thence S23 °16'07 "W, 61.50 feet; Thence Southeasterly, 164.31 feet along a 170.00 foot radius curve, concave Northeasterly, whose 61 Resolution No. 13 -335 Page 2 157.99 foot chord bears SO4 °25'14 "E; Thence S32 °06'35 "E, 254.99 feet; Thence Southeasterly 131.15 feet along a 230.00 foot radius curve, concave Southwesterly, whose 129.38 foot chord bears S15 °46'27 "E; Thence S00 °33'41 "W, 361.88 feet; Thence N89 °26'19 "W, 720.68 feet, to the Point of Beginning. Said Parcel of Land contains 15.14 Acres (659,342 square feet), and is subject to easements and restrictions of record. 2. The City Clerk is hereby authorized and directed to certify, file, and record all necessary documents as required by Iowa law under Section 368.7 (2013) at Owner's expense. 3. Further, the City Clerk is hereby authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer, said population being zero. Passed and approved this 3rd day of December , 2013. MAYOR T rove y ATTEST: �% /�Lzilw� 5e. CITY CORK CCity Att rneys Offi 3 61 Resolution No. 13 -335 Page 3 It was moved by Payne and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton 61 Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356 -5230 1 L E D 1 •69HIi IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, SEPTEMBER 18, 2013 7.013 DEC 12 rill 9, 18 EMMA J. HARVAT HALL CITY CLERK MEMBERS PRESENT: Brock Grenis, Becky Soglin, Connie Goeb, T. Gene rischirles,�aVarry Baker 7-ez MEMBERS ABSENT: None Doc ID: 025205550002 Type: GEN Kind: DECISION STAFF PRESENT: Sarah Walz, Julie Tallman, Sarah Holecek Recorded: 12 /13/2013 at 02:28:49 PM Fee Amt: $12.00 Pape 1 of 2 Johnson County Iowa OTHERS SPEAKING: Gerry Denning, Jim Affeldt, Jennifer Baum, Kim Painter County Recorder APPEAL BK5188 PG976 -977 APL13- 00001: Discussion of an application submitted by TSB Holdings LLC appealing a decision made by the City of Iowa City's Development and Regulations Specialist to deny a site plan at 902 & 906 North Dodge Street & 911 North Governor Street. The Board finds that the appellant submitted site plans on January 3 and on January 10, 2013; both site plans were denied by the City for lacking required information. The Board finds that on January 22 the City Council set a public hearing to consider rezoning portions of the subject properties from R313 and Commercial Office (CO -1) to High Density Single Family Residential (RS -12). The Board finds that, with the setting of the public hearing, a moratorium went into effect precluding the approval of site plans and building permits, and halting all other development activity for which substantial progress had not been made. The Board finds that the appellant submitted a new site plan on January 31; that plan was denied on February 7, in part due to the inclusion of multi - family uses on property under consideration for RS -12 zoning. The Board finds that on March 28, the City Council approved an ordinance rezoning the subject properties to RS -12. The Board finds that the appellant submitted a new site plan on April 18; the Regulation Specialist notified the appellant on April 29 that due to the presence of multi - family buildings, the site plan was considered materially identical to the site plan denied on February 7. The Board finds that the appellant filed an appeal of this decision on May 24, citing a 1985 court order on the property issued by the Iowa Supreme Court. The Board finds that its procedures require an appeal to be filed within 30 days of the decision being appealed. The Board concludes that the Regulations Specialist was reasonable in determining "no material difference" between the January 31 and April 18 site plans due to the presence of multi - family buildings. However, due to the complex history of the zoning of the particular properties involved, including the 1985 court order, the Board concludes that it is appropriate to suspend the procedural rules regarding the timeliness of the appeal in order to consider the merits of the denial. The Board finds that State Code 414.12 grants the Board of Adjustment the authority to decide appeals of administrative decisions. The Board finds that the decision as to whether a court order issued in 1985 preserves the right of the property owner to develop the properties according to R36 zoning is not within the authority of the Board of Adjustment as the rezoning was a legislative action of the City Council. The Board concludes that the Regulation Specialist acted within her authority in denying the submitted site plans based on the following findings: • The Regulations Specialist is subject to the legislative actions of City Council, including the moratorium and rezoning of the subject properties. • The Regulation Specialist reviewed the site plans based on the RS -12 zoning as required by the moratorium policy in the City Code and the subsequent rezoning of the property. • Multi- family uses are not permitted in the RS -12 zone. DISPOSITION: By a vote of 0 -5 the Board denied an appeal APL13 -00001 filed by TSB Holdings, LLC, to overturn a decision made by the City's Regulation Specialist denying a site plan for property located at 902 & 906 North Dodge Street & 911 North Governor Street. Approved by: Brock Grenis, Chairperson Gerald Denning ecial Counsel 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 18th of September 2013, as the same appears of record in my Office. Dated at Iowa City, this �aL day of a,f!�ir� r% 203 2 &ice /,� - ?� Mariarr, City Clerk pal a .. J w Cn c� Cf. ®® .� LL ", O '. m 0 c� �aL day of a,f!�ir� r% 203 2 &ice /,� - ?� Mariarr, City Clerk pal a .. J �ee I�IIIIIIIIII�IIII�IIIIIIIII�I�I�III�II��II�I��IIIII�IIII��IIIIIII�IIII��IIIIIII� Doc ID: 025205560006 Type: GEN Kind: DECISION Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356 -5230 Recorded: 12/13/2013 at 02:34:16 PM Fee Amt: $32,00 Pape i of 6 Johnson County Iowa DECISION Kim Painter County Recorder IOWA CITY BOARD OF ADJUSTMENT BK 5133 pG973 -933 WEDNESDAY, SEPTEMBER 18, 2013 EMMA J. HARVAT HALL MEMBERS PRESENT: Brock Grenis, Becky Soglin, Connie Goeb, T. Gene Chrischilles, Larry Baker MEMBERS ABSENT: None. STAFF PRESENT: Sarah Walz, Sarah Holecek, Bailee McClellan ro OTHERS SPEAKING: Mike Hartley, Adam Brantman, Mike Manville c-) SPECIAL EXCEPTION ITEMS: °�fTl rm j'mP 1. EXC13- 00013: A public hearing regarding an application submitted by Milo Hart* for `a - � special exception to allow a dental laboratory, a non - conforming use, that has be@) destroyed to be rebuilt in the Medium Density Single Family (RS -8) zone at 1515 Jackson Avenue. The Board finds that the subject use was housed in a structure that was destroyed by fire in January 2013. Based on the following findings, the Board concludes that the proposed structure for the non - conforming use has been designed and located on the property in order to increase the compatibility with the surrounding residential uses, and that the use and restored structure will not be enlarged beyond what existed before such damage or destruction occurred. • The total building area that was dedicated to the use prior to its destruction was approximately 4,724 square (basement and ground floor combined). • The proposed new structure is approximately 4,500 square feet (basement and ground floor). • The applicant submitted building elevations that look like a residential use and will provide a plan for staff approval that shows how the interior floor plan may be converted to a residential use. • The applicant has submitted building plans to the Historic Preservation Commission for approval; these plans were conditionally approved subject to a more detailed plan showing that the interior floor plan may be adapted for residential use. • The applicant will not re- establish an accessory apartment that was present on the site before the fire. Based on the following findings, the Board concludes that prior to the destruction of building, the intensity of the use and the activities, operations, buildings, and other aspects of the use were generally compatible with the surrounding neighborhood: • The dental lab is a small -scale use that has operated in the neighborhood for 25 years without any record of complaint. • All operations associated with the use are contained to the interior of the building. • The use has a limited number of employees and does not generate customer traffic, parking, noise, or other externalities that might detract from the residential setting. • The applicant has indicated that the use emits some steam, but no odors or dust. • No materials that pose a risk to the neighborhood are stored on the site. • The hours of operation for the business are regular weekday business hours (8:00 AM to 5:00 PM weekdays). Based on the following findings, the Board concludes that the proposal for the restored use will be equally or more compatible with the surrounding neighborhood than it was prior to its destruction: • The building's exterior is designed to appear like a residential structure, and the applicant will be required to submit for staff approval a plan showing how the interior layout can be converted to a single - family residence. • The applicant will not re- establish the accessory apartment that was present on the property before the fire. Accessory apartments are allowed in the zone only in association with owner occupied residential uses. • The use creates plaster, wax, and stone waste, which will be stored in the interior of the building and transported by the owners. No production waste will be stored outdoors. • The use employs 4 -6 people. Staff believes it is appropriate to pave parking to the rear of the building to provide the minimum off - street parking required by code for light manufacturing, the use category most similar to the activity proposed within the building. In this case, 4 to 5 parking spaces will be required depending on the final configuration of the building. The Board concludes that once restored /rebuilt, the nonconforming or previously established unpermitted use will be conferred nonconforming status: • The nonconforming use will retain its nonconforming status. If the dental lab ceases to use the building for the specific nonconforming use of the light manufacturing of dental components with no on -site sales, the building can serve as a single - family dwelling which is a permitted use in the RS -8 zone. Any other non- conforming use would require approval of a special exception by the Board of Adjustment. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare, based on the findings enumerated above in addition to the following finding: • The new structure will meet all building code standards with regard to fire safety. Based on the findings above with regard to the nature of the use, the design of the new building, traffic generation, number of employees and hours of operation, the Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. N C:) ® CJ ACSO cT] +tM A For these same reasons and because the new structure will be required to meet all setback and coverage standards for residential zone in which it is located, the Board concludes that the establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. The Board finds that the neighborhood in which the property is located is fully developed with all utilities, roads, drainage, and necessary facilities established. The Board finds that the required parking will be located to the rear of the building in the garage and on a paved parking area with access from the alley. Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located. The property is currently zoned for Medium Density Single - Family Residential (RS -8) with an Overlay Conservation District (OCD). Appropriate uses in this zone are single - family dwellings. The design of the proposed structure would be that of a single - family dwelling. The Board finds that the Comprehensive Plan acknowledges that small and independently owned local businesses are integral to Iowa City's sense of identity and supports development that provides opportunities for workers to live close to their place of employment. DISPOSITION: By a vote of 5 -0 the Board approves the special exception for the property located at 1515 Jackson Avenue currently zoned for Medium Density Single - family Residential (RS -8) zone with an Overlay Conservation District (OCD) to allow for the restoration of the nonconforming use of the dental lab subject to the following conditions: • Substantial compliance with the site plan submitted. • A Certificate of Appropriateness from Historic Preservation. • The applicant will provide a floor planning showing how the interior of the building could be converted to a single family residence. • The building floor area will not exceed the floor are of the dental lab that previously existed on the property (basement + ground floor = 4,724 square feet). • The use will provide all required off - street parking in a garage or paved area to be located to the rear of the building. Four spaces are to be located in the garage and on a paved drive. • The property will meet all dimensional and residential site design standards in the Zoning Code and all building code standards. • Change from the specific use of light manufacturing of dental components with no on- site sales will require a special exception otherwise the building must convert to a conforming use for the RS -8 zone. • Normal hours of operation will be limited to 8:00 am to 6:00 pm. ci > c� C-) EXC13- 00014: A public hearing regarding an application submitted by PrirnWAMnt& Construction, LLC, for a special exception to allow reduction in minimum reag;t bV rn �r1 t� requirement for a principal building in the Low Density Single - Family (RS -5) zone to accommodate screened in porch at 838 Sugar Loaf Circle. The Board concludes that the situation is peculiar to the property in question based on the following findings: • The house is constructed on a relatively small lot (7,329 square feet). The minimum lot size in the RS -5 zone is 8,000 square feet. • The subject lot is relatively shallow: side lot lines measure 110.3 and 108.19 feet. • The slope of the property makes the private backyard space practically unusable. The Board concludes that there is practical difficulty in complying with the setback requirements, based on the following findings: • The topography of the property makes the rear yard practically unusable. • The lot is relatively shallow, allowing limited space to create a porch. The construction of the screened porch provides the occupants more opportunity to enjoy the private backyard space. The Board concludes that granting the exception will not be contrary to the purpose of the setback regulations based on the following findings: • While consistent placement of homes is one purpose of the setback regulation that helps to define the character of a neighborhood, allowing a modest setback reduction along the rear property line, where the property abuts permanent open space, would not alter the character of the street or neighborhood. • Because the setback reduction would be to the rear of the house and the abutting property will not be developed in the future, the covered porch will not restrict access to light and air or separation for fire protection, and will not encroach on the privacy between dwellings or promote an unreasonable physical relationship between residences. • The houses to the east and southeast of the subject property also have rear porches (some screened -in and some not). Thus, the proposed porch is not out of scale and is not inconsistent with other structures in the neighborhood. • The approval of this special exception does not set a precedent for approval of any future requests for setback relief in this subdivision. Because the setback reduction for the porch and covered deck is not contrary to the purpose of the setback standard, the Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare; will not be injurious to the use and enjoyment of other property in the immediate vicinity; will not substantially diminish or impair property values in the neighborhood; and will not impede the normal and orderly development and improvement of the surrounding property for used permitted in the CPD -5 zone in which the property is located. a c� M The Board concludes that any potential negative effects resulting from the set iredGction, are mitigated to the extent practical based on the following findings: era N • Adjacent property to the rear is permanent open space and may not be Aelope4 in tFfl future. CO 0 ® The special exception is for the purpose of screened porch; the installation of windows or solid walls would constitute an extension of the principle structure, such enclosure will not be permitted. The Board finds that the subject porch meets the required 5 -foot side setback requirement. The Board finds that the requested rear setback reduction does not interfere with or alter vehicular access and will not impact ingress or egress from the property, and all necessary utilities and facilities are already in place for this property and the subdivision in which it is located. The Board finds that the applicant is required to secure a building permit for the porch. All other aspects of the house and property will be reviewed for compliance with the zoning code. The Board finds that the Comprehensive Plan does not address this issue precisely, but does encourage policies that preserve and enhance the character of neighborhoods. The plan also encourages small -lot development for the efficient use of land. The Board concludes that the setback reduction is a reasonable accommodation to make this particular lot, which has limited useable open space, to make it more enjoyable for its occupants in a manner that is consistent with other development in the neighborhood. DISPOSTION: By a vote of 5 -0, the Board approves EXC13 -000, a special exception to reduce the rear principal building setback from 20 feet to 12 feet in order to allow a 12 -foot by 12 -foot screened -in porch for property located at 838 Sugar Loaf Circle, subject to the following conditions: 1. The applicant must secure a building permit for the 12 x 12 -foot screened porch. 2. The porch must be un- enclosed. The installation of windows or solid walls would constitute an extension of the principal structure, which would not be permitted. 3. The applicant must disclose the restrictions on enclosing the porch in materials provided to the homebuyer. 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. i 6�7 Brock Greni,6'�)Chairperson _-x:o Ca N 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 18`h day of September, as the same appears of record in my Office. Dated at Iowa City, this %�� day of�'�� , 20 ri �h n� N `G1 `Q Doc ID: 025213030004 Type: GEN Kind: ORDINANCE Recorded: 12/23/2013 at 04:31:04 PM Fee Amt: $22.00 Page 1 of 4 Johnson county Iowa Kim Painter County Recorder • o STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No. 13-4565 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of December, 2013, is a hue and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 19th day of December, 2013 �C�/UG/l ✓3L/ /C �� Marian K. Karr City Clerk \ord 410 EAST WASHINGTON STREET e IOWA CITY, IOWA 52240 -1826 a (319) 356 -5000 e FAX (319) 356 -5009 !u0 Prepared by: Robert Miklo, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5240 (REZ- 00024) ORDINANCE NO. 13 -4565 ORDINANCE REZONING APPROXIMATELY 3.77 ACRES FROM INTERIM DEVELOPMENT SINGLE FAMILY (ID -RS) ZONE TO PLANNED DEVELOPMENT OVERLAY — LOW DENSITY SINGLE FAMILY (OPD -5) ZONE FOR CARDINAL RIDGE PART 4, LOCATED ON CAMP CARDINAL ROAD SOUTH OF KENNEDY PARKWAY. (REZ- 000241SUB13- 00018) WHEREAS, the applicant, The Crossings Development LC, has requested a rezoning of property located at Camp Cardinal Road from Interim Development Single Family (ID -RS) zone to Planned Development Overlay - Low Density Single Family (OPD -5); and WHEREAS, the Comprehensive Plan indicates that this area is appropriate for single - family residential development; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of ID -RS to OPD -5: LEGAL DESCRIPTION: A PART OF OUTLOT "C ", CARDINAL POINTE SOUTH PART ONE AS RECORDED IN BOOK 53, PAGE 153 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND A PART OF OUTLOT "D ", CARDINAL POINTE SOUTH PART TWO AS RECORDED IN BOOK 52, PAGE 279 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN; THENCE SO °18'40 "W ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID NORTHEAST QUARTER AND THE WEST LINE OF OUTLOT "E ", CARDINAL RIDGE PART TWO AS RECORDED IN BOOK 50, PAGE 55 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER, 674.54 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE N20 °52'10 "W, 299.58 FEET; THENCE N23 °39'53 "W, 98.09 FEET; THENCE N12 °11'00 "W, 180.00 FEET; THENCE N9 °47'39 "W, 101.86 FEET; THENCE N1 °52'18 "W, 106.42 FEET; THENCE NO °02'58 "E, 356.96 FEET TO THE SOUTHERLY RIGHT OF WAY OF KENNEDY PARKWAY; THENCE EASTERLY 141.30 FEET ALONG SAID SOUTHERLY RIGHT OF WAY AND THE ARC OF A 826.43 FOOT RADIUS CURVE, CONCAVE NORTHERLY (CHORD BEARS S84 °48'52 "E, 141.13 FEET); THENCE SOUTHEASTERLY 31.36 FEET ALONG SAID SOUTHERLY RIGHT OF WAY AND THE WEST RIGHT OF WAY OF CAMP CARDINAL ROAD AND THE ARC OF A 20.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS S44 °51'28 "E, 28.24 FEET); THENCE SO °19'07 "W ALONG SAID WESTERLY RIGHT OF WAY, 108.03 FEET; THENCE S89 °41'07 "E ALONG THE SOUTH RIGHT OF WAY OF CAMP CARDINAL ROAD, 50.00 FEET TO THE EAST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 12 AND THE WEST LINE OF SAID OUTLOT "E "; THENCE S0 °19'07 "W ALONG SAID EAST LINE AND SAID WEST LINE, 293.80 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 164,159 SQ.FT., 3.77 ACRES SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, SECTION 11. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance 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 U0 Ordinance No. 13 -4565 Page 2 invalid or unconstitutional, such adjudication shall riot 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 t}is 17th day of December, 2013. . �( J�� �^ MAYOR � ATTEST: /CI C ERK / / CORPORATE SEAL Approved by City Attorney's Office r44,lr 3 V) Ordinance No. 13 -4565 Page 3 It was moved by Dobyns and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: First Consideration 11/12/13 Vote for passage: AYES:Dickens, Dobyns, Champion. NAYS: None. ABSENT: None. Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the Hayek, Mims, Payne, Throgmorton, Second Consideration 12/03/13 Voteforpassage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: None. Date published ,f